[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12315-S12391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           THE DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998

                                 ______
                                 

                 STEVENS (AND BYRD) AMENDMENT NO. 1621

  Mr. STEVENS (for himself and Mr. Byrd) proposed an amendment to the 
bill (H.R. 2607) making appropriations for the government of the 
District of Columbia and other activities chargeable in whole or in 
part against the revenues of said District for the fiscal year ending 
September 30, 1998, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the several 
     departments, agencies, corporations and other organizational 
     units of the Government for the fiscal year 1998, and for 
     other purposes, namely:

       DIVISION A--DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the District of 
     Columbia for the fiscal year ending September 30, 1998, and 
     for other purposes, to be effective as if it had been enacted 
     into law as the regular appropriations Act, namely:

                TITLE I--FISCAL YEAR 1998 APPROPRIATIONS

                             FEDERAL FUNDS

                 Federal Payment for Management Reform

       For payment to the District of Columbia, as authorized by 
     section 11103(c) of the National Capital Revitalization and 
     Self-Government Improvement Act of 1997, Public Law 105-33, 
     $8,000,000, to remain available until September 30, 1999, 
     which shall be deposited into an escrow account of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority and shall be disbursed from such escrow 
     account pursuant to the instructions of the Authority only 
     for a program of management reform pursuant to sections 
     11101-11106 of the District of Columbia Management Reform Act 
     of 1997, Public Law 105-33.

     Federal Contribution to the Operations of the Nation's Capital

       For a Federal contribution to the District of Columbia 
     toward the costs of the operation of the government of the 
     District of Columbia, $190,000,000, which shall be deposited 
     into an escrow account held by the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     which shall allocate the funds to the Mayor at such intervals 
     and in accordance with such terms and conditions as it 
     considers appropriate to implement the financial plan for the 
     year: Provided, That these funds may be used by the District 
     of Columbia for the costs of advances to the District 
     government as authorized by section 11402 of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997, Public Law 105-33: Provided further, That not less than 
     $30,000,000 shall be used by the District of Columbia to 
     repay the accumulated general fund deficit.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

       For payment to the District of Columbia Corrections 
     Trustee, $169,000,000 for the administration and operation of 
     correctional facilities and for the administrative operating 
     costs of the Office of the Corrections Trustee, as authorized 
     by section 11202 of the National Capital Revitalization and 
     Self-Government Improvement Act of 1997, Public Law 105-33.

  Federal Payment to the District of Columbia Corrections Trustee for 
            Correctional Facilities, Construction and Repair

       For payment to the District of Columbia Corrections Trustee 
     for Correctional Facilities, $302,000,000, to remain 
     available until expended, of which not less than $294,900,000 
     is available for transfer to the Federal Prison System, as 
     authorized by section 11202 of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     Public Law 105-33.

              Federal Payment to the District of Columbia


                        Criminal Justice System

                     (Including Transfer of Funds)

       Notwithstanding any other provision of law, $108,000,000 
     for payment to the Joint Committee

[[Page S12316]]

     on Judicial Administration in the District of Columbia for 
     operation of the District of Columbia Courts, including 
     pension costs: Provided, That said sums shall be paid 
     quarterly by the Treasury of the United States based on 
     quarterly apportionments approved by the Office of Management 
     and Budget, with payroll and financial services to be 
     provided on a contractual basis with the General Services 
     Administration, said services to include the preparation and 
     submission of monthly financial reports to the President and 
     to the Committees on Appropriations of the Senate and House 
     of Representatives, the Committee on Governmental Affairs of 
     the Senate, and the Committee on Government Reform and 
     Oversight of the House of Representatives; of which not to 
     exceed $750,000 shall be available for establishment and 
     operations of the District of Columbia Truth in Sentencing 
     Commission as authorized by section 11211 of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997, Public Law 105-33.
       Notwithstanding any other provision of law, for an 
     additional amount, $43,000,000, for payment to the Offender 
     Supervision Trustee to be available only for obligation by 
     the Offender Supervision Trustee; of which $26,855,000 shall 
     be available for Parole, Adult Probation and Offender 
     Supervision; of which $9,000,000 shall be available to the 
     Public Defender Service; of which $6,345,000 shall be 
     available to the Pretrial Services Agency; and of which not 
     to exceed $800,000 shall be transferred to the United States 
     Parole Commission to implement section 11231 of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided.

                   Governmental Direction and Support

       Governmental direction and support, $105,177,000 (including 
     $84,316,000 from local funds, $14,013,000 from Federal funds, 
     and $6,848,000 from other funds): Provided, That not to 
     exceed $2,500 for the Mayor, $2,500 for the Chairman of the 
     Council of the District of Columbia, and $2,500 for the City 
     Administrator shall be available from this appropriation for 
     official purposes: Provided further, That any program fees 
     collected from the issuance of debt shall be available for 
     the payment of expenses of the debt management program of the 
     District of Columbia: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Statehood Commission and Statehood Compact 
     Commission: Provided further, That the District of Columbia 
     shall identify the sources of funding for Admission to 
     Statehood from its own locally-generated revenues: Provided 
     further, That $240,000 shall be available for citywide 
     special elections: Provided further, That all employees 
     permanently assigned to work in the Office of the Mayor shall 
     be paid from funds allocated to the Office of the Mayor.

                  Economic Development and Regulation

       Economic development and regulation, $120,072,000 
     (including $40,377,000 from local funds, $42,065,000 from 
     Federal funds, and $37,630,000 from other funds), together 
     with $12,000,000 collected in the form of BID tax revenue 
     collected by the District of Columbia on behalf of business 
     improvement districts pursuant to the Business Improvement 
     Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-
     134; D.C. Code, sec. 1-2271 et seq.), and the Business 
     Improvement Districts Temporary Amendment Act of 1997 (Bill 
     12-230).

                       Public Safety and Justice

       Public safety and justice, including purchase or lease of 
     135 passenger-carrying vehicles for replacement only, 
     including 130 for police-type use and five for fire-type use, 
     without regard to the general purchase price limitation for 
     the current fiscal year, $529,739,000 (including $510,326,000 
     from local funds, $13,519,000 from Federal funds, and 
     $5,894,000 from other funds): Provided, That the Metropolitan 
     Police Department is authorized to replace not to exceed 25 
     passenger-carrying vehicles and the Department of Fire and 
     Emergency Medical Services of the District of Columbia is 
     authorized to replace not to exceed five passenger-carrying 
     vehicles annually whenever the cost of repair to any damaged 
     vehicle exceeds three-fourths of the cost of the replacement: 
     Provided further, That not to exceed $500,000 shall be 
     available from this appropriation for the Chief of Police for 
     the prevention and detection of crime: Provided further, That 
     the Metropolitan Police Department shall provide quarterly 
     reports to the Committees on Appropriations of the House and 
     Senate on efforts to increase efficiency and improve the 
     professionalism in the department: Provided further, That 
     notwithstanding any other provision of law, or Mayor's Order 
     86-45, issued March 18, 1986, the Metropolitan Police 
     Department's delegated small purchase authority shall be 
     $500,000: Provided further, That the District of Columbia 
     government may not require the Metropolitan Police Department 
     to submit to any other procurement review process, or to 
     obtain the approval of or be restricted in any manner by any 
     official or employee of the District of Columbia government, 
     for purchases that do not exceed $500,000: Provided further, 
     That the Mayor shall reimburse the District of Columbia 
     National Guard for expenses incurred in connection with 
     services that are performed in emergencies by the National 
     Guard in a militia status and are requested by the Mayor, in 
     amounts that shall be jointly determined and certified as due 
     and payable for these services by the Mayor and the 
     Commanding General of the District of Columbia National 
     Guard: Provided further, That such sums as may be necessary 
     for reimbursement to the District of Columbia National Guard 
     under the preceding proviso shall be available from this 
     appropriation, and the availability of the sums shall be 
     deemed as constituting payment in advance for emergency 
     services involved: Provided further, That the Metropolitan 
     Police Department is authorized to maintain 3,800 sworn 
     officers, with leave for a 50 officer attrition: Provided 
     further, That no more than 15 members of the Metropolitan 
     Police Department shall be detailed or assigned to the 
     Executive Protection Unit, until the Chief of Police submits 
     a recommendation to the Council for its review: Provided 
     further, That $100,000 shall be available for inmates 
     released on medical and geriatric parole: Provided further, 
     That not less than $2,254,754 shall be available to support a 
     pay raise for uniformed firefighters, when authorized by the 
     District of Columbia Council and the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     which funding will be made available as savings achieved 
     through actions within the appropriated budget: Provided 
     further, That, commencing on December 31, 1997, the 
     Metropolitan Police Department shall provide to the 
     Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform and Oversight 
     of the House of Representatives, quarterly reports on the 
     status of crime reduction in each of the 83 police service 
     areas established throughout the District of Columbia: 
     Provided further, That funds appropriated for expenses under 
     the District of Columbia Criminal Justice Act, approved 
     September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. 
     Code, sec. 11-2601 et seq.), for the fiscal year ending 
     September 30, 1998, shall be available for obligations 
     incurred under the Act in each fiscal year since inception in 
     fiscal year 1975: Provided further, That funds appropriated 
     for expenses under the District of Columbia Neglect 
     Representation Equity Act of 1984, effective March 13, 1985 
     (D.C. Law 5-129; D.C. Code, sec. 16-2304), for the fiscal 
     year ending September 30, 1998, shall be available for 
     obligations incurred under the Act in each fiscal year since 
     inception in fiscal year 1985: Provided further, That funds 
     appropriated for expenses under the District of Columbia 
     Guardianship, Protective Proceedings, and Durable Power of 
     Attorney Act of 1986, effective February 27, 1987 (D.C. Law 
     6-204; D.C. Code, sec. 21-2060), for the fiscal year ending 
     September 30, 1998, shall be available for obligations 
     incurred under the Act in each fiscal year since inception in 
     fiscal year 1989.

                        Public Education System

       Public education system, including the development of 
     national defense education programs, $672,444,000 (including 
     $530,197,000 from local funds, $112,806,000 from Federal 
     funds, and $29,441,000 from other funds), to be allocated as 
     follows: $564,129,000 (including $460,143,000 from local 
     funds, $98,491,000 from Federal funds, and $5,495,000 from 
     other funds), for the public schools of the District of 
     Columbia; $8,900,000 from local funds for the District of 
     Columbia Teachers' Retirement Fund; $3,376,000 from local 
     funds (not including funds already made available for 
     District of Columbia public schools) for public charter 
     schools: Provided, That if the entirety of this allocation 
     has not been provided as payments to any public charter 
     schools currently in operation through the per pupil funding 
     formula, the funds shall be available for new public charter 
     schools on a per pupil basis: Provided further, That $400,000 
     be available to the District of Columbia Public Charter 
     School Board for administrative costs: Provided further, That 
     if the entirety of this allocation has not been provided as 
     payment to one or more public charter schools by May 1, 1998, 
     and remains unallocated, the funds shall be deposited into a 
     special revolving loan fund to be used solely to assist 
     existing or new public charter schools in meeting startup and 
     operating costs: Provided further, That the Emergency 
     Transitional Education Board of Trustees of the District of 
     Columbia shall report to Congress not later than 120 days 
     after the date of enactment of this Act on the capital needs 
     of each public charter school and whether the current per 
     pupil funding formula should reflect these needs: Provided 
     further, That until the Emergency Transitional Education 
     Board of Trustees reports to Congress as provided in the 
     preceding proviso, the Emergency Transitional Education Board 
     of Trustees shall take appropriate steps to provide public 
     charter schools with assistance to meet all capital expenses 
     in a manner that is equitable with respect to assistance 
     provided to other District of Columbia public schools: 
     Provided further, That the Emergency Transitional Education 
     Board of Trustees shall report to Congress not later than 
     November 1, 1998, on the implementation of their policy to 
     give preference to newly created District of Columbia public 
     charter schools for surplus public school property; 
     $74,087,000 (including $37,791,000 from local funds, 
     $12,804,000 from Federal funds, and $23,492,000 from other 
     funds) for the University of the District of Columbia; 
     $22,036,000 (including $20,424,000 from local funds, 
     $1,158,000 from Federal funds, and $454,000 from other funds) 
     for the Public Library; $2,057,000 (including $1,704,000 from 
     local funds and $353,000 from Federal funds) for the 
     Commission on the Arts and Humanities: Provided further, That 
     the public schools of the District of Columbia are authorized 
     to accept not to exceed 31 motor vehicles for exclusive use 
     in the driver education program: Provided further, That not 
     to exceed $2,500 for the Superintendent of Schools, $2,500

[[Page S12317]]

     for the President of the University of the District of 
     Columbia, and $2,000 for the Public Librarian shall be 
     available from this appropriation for official purposes: 
     Provided further, That not less than $1,200,000 shall be 
     available for local school allotments in a restricted line 
     item: Provided further, That not less than $4,500,000 shall 
     be available to support kindergarten aides in a restricted 
     line item: Provided further, That not less than $2,800,000 
     shall be available to support substitute teachers in a 
     restricted line item: Provided further, That not less than 
     $1,788,000 shall be available in a restricted line item for 
     school counselors: Provided further, That this appropriation 
     shall not be available to subsidize the education of 
     nonresidents of the District of Columbia at the University of 
     the District of Columbia, unless the Board of Trustees of the 
     University of the District of Columbia adopts, for the fiscal 
     year ending September 30, 1998, a tuition rate schedule that 
     will establish the tuition rate for nonresident students at a 
     level no lower than the nonresident tuition rate charged at 
     comparable public institutions of higher education in the 
     metropolitan area.

                         Human Support Services

       Human support services, $1,718,939,000 (including 
     $789,350,000 from local funds, $886,702,000 from Federal 
     funds, and $42,887,000 from other funds): Provided, That 
     $21,089,000 of this appropriation, to remain available until 
     expended, shall be available solely for District of Columbia 
     employees' disability compensation: Provided further, That a 
     peer review committee shall be established to review medical 
     payments and the type of service received by a disability 
     compensation claimant: Provided further, That the District of 
     Columbia shall not provide free government services such as 
     water, sewer, solid waste disposal or collection, utilities, 
     maintenance, repairs, or similar services to any legally 
     constituted private nonprofit organization (as defined in 
     section 411(5) of Public Law 100-77, approved July 22, 1987) 
     providing emergency shelter services in the District, if the 
     District would not be qualified to receive reimbursement 
     pursuant to the Stewart B. McKinney Homeless Assistance Act, 
     approved July 22, 1987 (101 Stat. 485; Public Law 100-77; 42 
     U.S.C. 11301 et seq.).

                              Public Works

       Public works, including rental of one passenger-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and leasing of passenger-carrying vehicles, $241,934,000 
     (including $227,983,000 from local funds, $3,350,000 from 
     Federal funds, and $10,601,000 from other funds): Provided, 
     That this appropriation shall not be available for collecting 
     ashes or miscellaneous refuse from hotels and places of 
     business: Provided further, That $3,000,000 shall be 
     available for the lease financing, operation, and maintenance 
     of two mechanical street sweepers, one flusher truck, five 
     packer trucks, one front-end loader, and various public 
     litter containers: Provided further, That $2,400,000 shall be 
     available for recycling activities.

                        Financing and Other Uses

       Financing and other uses, $454,773,000 (including for 
     payment to the Washington Convention Center, $5,400,000 from 
     local funds; reimbursement to the United States of funds 
     loaned in compliance with An Act to provide for the 
     establishment of a modern, adequate, and efficient hospital 
     center in the District of Columbia, approved August 7, 1946 
     (60 Stat. 896; Public Law 79-648); section 1 of An Act to 
     authorize the Commissioners of the District of Columbia to 
     borrow funds for capital improvement programs and to amend 
     provisions of law relating to Federal Government 
     participation in meeting costs of maintaining the Nation's 
     Capital City, approved June 6, 1958 (72 Stat. 183; Public Law 
     85-451; D.C. Code, sec. 9-219); section 4 of An Act to 
     authorize the Commissioners of the District of Columbia to 
     plan, construct, operate, and maintain a sanitary sewer to 
     connect the Dulles International Airport with the District of 
     Columbia system, approved June 12, 1960 (74 Stat. 211; Public 
     Law 86-515); and sections 723 and 743(f) of the District of 
     Columbia Home Rule Act of 1973, approved December 24, 1973, 
     as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec. 
     47-321, note; 91 Stat. 1156; Public Law 95-131; D.C. Code, 
     sec. 9-219, note), including interest as required thereby, 
     $384,430,000 from local funds; for the purpose of eliminating 
     the $331,589,000 general fund accumulated deficit as of 
     September 30, 1990, $39,020,000 from local funds, as 
     authorized by section 461(a) of the District of Columbia Home 
     Rule Act, approved December 24, 1973, as amended (105 Stat. 
     540; Public Law 102-106; D.C. Code, sec. 47-321(a)(1); for 
     payment of interest on short-term borrowing, $12,000,000 from 
     local funds; for lease payments in accordance with the 
     Certificates of Participation involving the land site 
     underlying the building located at One Judiciary Square, 
     $7,923,000 from local funds; for human resources development, 
     including costs of increased employee training, 
     administrative reforms, and an executive compensation system, 
     $6,000,000 from local funds); for equipment leases, the Mayor 
     may finance $13,127,000 of equipment cost, plus cost of 
     issuance not to exceed two percent of the par amount being 
     financed on a lease purchase basis with a maturity not to 
     exceed five years: Provided, That $75,000 is allocated to the 
     Department of Corrections, $8,000,000 for the Public Schools, 
     $50,000 for the Public Library, $260,000 for the Department 
     of Human Services, $244,000 for the Department of Recreation 
     and Parks, and $4,498,000 for the Department of Public Works.

                            ENTERPRISE FUNDS

                       Enterprise and Other Uses

       Enterprises and other uses, $15,725,000 (including for the 
     Cable Television Enterprise Fund, established by the Cable 
     Television Communications Act of 1981, effective October 22, 
     1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et seq.), 
     $2,467,000 (including $2,135,000 from local funds and 
     $332,000 from other funds); for the Public Service 
     Commission, $4,547,000 (including $4,250,000 from local 
     funds, $117,000 from Federal funds, and $180,000 from other 
     funds); for the Office of the People's Counsel, $2,428,000 
     from local funds; for the Office of Banking and Financial 
     Institutions, $600,000 (including $100,000 from local funds 
     and $500,000 from other funds); for the Department of 
     Insurance and Securities Regulation, $5,683,000 from other 
     funds).

         Water and Sewer Authority and the Washington Aqueduct

       For the Water and Sewer Authority and the Washington 
     Aqueduct, $297,310,000 from other funds (including 
     $263,425,000 for the Water and Sewer Authority and 
     $33,885,000 for the Washington Aqueduct) of which $41,423,000 
     shall be apportioned and payable to the District's debt 
     service fund for repayment of loans and interest incurred for 
     capital improvement projects.

               Lottery and Charitable Games Control Board

       For the Lottery and Charitable Games Control Board, 
     established by the District of Columbia Appropriation Act for 
     the fiscal year ending September 30, 1982, approved December 
     4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended, 
     for the purpose of implementing the Law to Legalize 
     Lotteries, Daily Numbers Games, and Bingo and Raffles for 
     Charitable Purposes in the District of Columbia, effective 
     March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et 
     seq. and 22-1516 et seq.), $213,500,000: Provided, That the 
     District of Columbia shall identify the source of funding for 
     this appropriation title from the District's own locally-
     generated revenues: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Lottery and Charitable Games Control Board.

                             Starplex Fund

       For the Starplex Fund, $5,936,000 from other funds for 
     expenses incurred by the Armory Board in the exercise of its 
     powers granted by An Act To Establish A District of Columbia 
     Armory Board, and for other purposes, approved June 4, 1948 
     (62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the 
     District of Columbia Stadium Act of 1957, approved September 
     7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
     321 et seq.): Provided, That the Mayor shall submit a budget 
     for the Armory Board for the forthcoming fiscal year as 
     required by section 442(b) of the District of Columbia Home 
     Rule Act, approved December 24, 1973 (87 Stat. 824; Public 
     Law 93-198; D.C. Code, sec. 47-301(b)).

                         D.C. General Hospital

       For the District of Columbia General Hospital, established 
     by Reorganization Order No. 57 of the Board of Commissioners, 
     effective August 15, 1953, $97,019,000, of which $44,335,000 
     shall be derived by transfer from the general fund and 
     $52,684,000 shall be derived from other funds.

                         D.C. Retirement Board

       For the D.C. Retirement Board, established by section 121 
     of the District of Columbia Retirement Reform Act of 1979, 
     approved November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-
     711), $16,762,000 from the earnings of the applicable 
     retirement funds to pay legal, management, investment, and 
     other fees and administrative expenses of the District of 
     Columbia Retirement Board: Provided, That the District of 
     Columbia Retirement Board shall provide to the Congress and 
     to the Council of the District of Columbia a quarterly report 
     of the allocations of charges by fund and of expenditures of 
     all funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an itemized 
     accounting of the planned use of appropriated funds in time 
     for each annual budget submission and the actual use of such 
     funds in time for each annual audited financial report.

                      Correctional Industries Fund

       For the Correctional Industries Fund, established by the 
     District of Columbia Correctional Industries Establishment 
     Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
     622), $3,332,000 from other funds.

              Washington Convention Center Enterprise Fund

       For the Washington Convention Center Enterprise Fund, 
     $46,400,000, of which $5,400,000 shall be derived by transfer 
     from the general fund.

District of Columbia Financial Responsibility and Management Assistance 
                               Authority

       For the District of Columbia Financial Responsibility and 
     Management Assistance Authority, established by section 
     101(a) of the District of Columbia Financial Responsibility 
     and Management Assistance Act of 1995, approved April 17, 
     1995 (109 Stat. 97; Public Law 104-8), $3,220,000.

                             Capital Outlay

       For construction projects, $269,330,000 (including 
     $31,100,000 for the highway trust fund, $105,485,000 from 
     local funds, and $132,745,000 in Federal funds), to remain 
     available until expended: Provided, That funds for use of 
     each capital project implementing agency shall be managed and 
     controlled in accordance with all procedures and limitations 
     established under the Financial Management System: Provided 
     further, That all funds provided by this appropriation title 
     shall be available only for the specific projects and 
     purposes intended: Provided further, That notwithstanding the 
     foregoing, all authorizations for capital outlay projects, 
     except those projects covered by the first sentence

[[Page S12318]]

     of section 23(a) of the Federal-Aid Highway Act of 1968, 
     approved August 23, 1968 (82 Stat. 827; Public Law 90-495; 
     D.C. Code, sec. 7-134, note), for which funds are provided by 
     this appropriation title, shall expire on September 30, 1999, 
     except authorizations for projects as to which funds have 
     been obligated in whole or in part prior to September 30, 
     1999: Provided further, That, upon expiration of any such 
     project authorization, the funds provided herein for the 
     project shall lapse.

                  Deficit Reduction and Revitalization

       For deficit reduction and revitalization, $201,090,000, to 
     be deposited into an escrow account held by the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority (hereafter in this section referred to as 
     ``Authority''), which shall allocate the funds to the Mayor, 
     or such other District official as the Authority may deem 
     appropriate, at such intervals and in accordance with such 
     terms and conditions as the Authority considers appropriate: 
     Provided, That these funds shall only be used for reduction 
     of the accumulated general fund deficit; capital 
     expenditures, including debt service; and management and 
     productivity improvements, as allocated by the Authority: 
     Provided further, That no funds may be obligated until a plan 
     for their use is approved by the Authority: Provided further, 
     That the Authority shall inform the Committees on 
     Appropriations of the Senate and House of Representatives, 
     the Committee on Governmental Affairs of the Senate, and the 
     Committee on Government Reform and Oversight of the House of 
     Representatives of the approved plans.

                           GENERAL PROVISIONS

       Section 101. 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. 102. Except as otherwise provided in this Act, all 
     vouchers covering expenditures of appropriations contained in 
     this Act shall be audited before payment by the designated 
     certifying official and the vouchers as approved shall be 
     paid by checks issued by the designated disbursing official.
       Sec. 103. Whenever in this Act an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 104. Appropriations in this Act shall be available, 
     when authorized by the Mayor, for allowances for privately-
     owned automobiles and motorcycles used for the performance of 
     official duties at rates established by the Mayor: Provided, 
     That such rates shall not exceed the maximum prevailing rates 
     for such vehicles as prescribed in the Federal Property 
     Management Regulations 101-7 (Federal Travel Regulations).
       Sec. 105. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That the Council of the District of Columbia and the District 
     of Columbia Courts may expend such funds without 
     authorization by the Mayor.
       Sec. 106. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of judgments that have 
     been entered against the District of Columbia government: 
     Provided, That nothing contained in this section shall be 
     construed as modifying or affecting the provisions of section 
     11(c)(3) of title XII of the District of Columbia Income and 
     Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 
     78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
       Sec. 107. Appropriations in this Act shall be available for 
     the payment of public assistance without reference to the 
     requirement of section 544 of the District of Columbia Public 
     Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
     101; D.C. Code, sec. 3-205.44), and for the non-Federal share 
     of funds necessary to qualify for Federal assistance under 
     the Juvenile Delinquency Prevention and Control Act of 1968, 
     approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42 
     U.S.C. 3801 et seq.).
       Sec. 108. 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. 109. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 110. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, 
     salary, past work experience, and salary history are not 
     available for inspection by the House and Senate Committees 
     on Appropriations, the Subcommittee on the District of 
     Columbia of the House Committee on Government Reform and 
     Oversight, the Subcommittee on Oversight of Government 
     Management, Restructuring and the District of Columbia of the 
     Senate Committee on Governmental Affairs, and the Council of 
     the District of Columbia, or their duly authorized 
     representative.
       Sec. 111. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making payments authorized by the District of Columbia 
     Revenue Recovery Act of 1977, effective September 23, 1977 
     (D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
       Sec. 112. No part of this appropriation shall be used for 
     publicity or propaganda purposes or implementation of any 
     policy including boycott designed to support or defeat 
     legislation pending before Congress or any State legislature.
       Sec. 113. At the start of the fiscal year, the Mayor shall 
     develop an annual plan, by quarter and by project, for 
     capital outlay borrowings: Provided, That within a reasonable 
     time after the close of each quarter, the Mayor shall report 
     to the Council of the District of Columbia and the Congress 
     the actual borrowings and spending progress compared with 
     projections.
       Sec. 114. The Mayor shall not borrow any funds for capital 
     projects unless the Mayor has obtained prior approval from 
     the Council of the District of Columbia, by resolution, 
     identifying the projects and amounts to be financed with such 
     borrowings.
       Sec. 115. The Mayor shall not expend any moneys borrowed 
     for capital projects for the operating expenses of the 
     District of Columbia government.
       Sec. 116. None of the funds appropriated by this Act may be 
     obligated or expended by reprogramming except pursuant to 
     advance approval of the reprogramming granted according to 
     the procedure set forth in the Joint Explanatory Statement of 
     the Committee of Conference (House Report No. 96-443), which 
     accompanied the District of Columbia Appropriation Act, 1980, 
     approved October 30, 1979 (93 Stat. 713; Public Law 96-93), 
     as modified in House Report No. 98-265, and in accordance 
     with the Reprogramming Policy Act of 1980, effective 
     September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et 
     seq.): Provided, That for the fiscal year ending September 
     30, 1998 the above shall apply except as modified by Public 
     Law 104-8.
       Sec. 117. None of the Federal funds provided in this Act 
     shall be obligated or expended to provide a personal cook, 
     chauffeur, or other personal servants to any officer or 
     employee of the District of Columbia.
       Sec. 118. None of the Federal funds provided in this Act 
     shall be obligated or expended to procure passenger 
     automobiles as defined in the Automobile Fuel Efficiency Act 
     of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 
     96-425; 15 U.S.C. 2001(2)), with an Environmental Protection 
     Agency estimated miles per gallon average of less than 22 
     miles per gallon: Provided, That this section shall not apply 
     to security, emergency rescue, or armored vehicles.
       Sec. 119. (a) Notwithstanding section 422(7) of the 
     District of Columbia Home Rule Act of 1973, approved December 
     24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
     242(7)), the City Administrator shall be paid, during any 
     fiscal year, a salary at a rate established by the Mayor, not 
     to exceed the rate established for Level IV of the Executive 
     Schedule under 5 U.S.C. 5315.
       (b) For purposes of applying any provision of law limiting 
     the availability of funds for payment of salary or pay in any 
     fiscal year, the highest rate of pay established by the Mayor 
     under subsection (a) of this section for any position for any 
     period during the last quarter of calendar year 1997 shall be 
     deemed to be the rate of pay payable for that position for 
     September 30, 1997.
       (c) Notwithstanding section 4(a) of the District of 
     Columbia Redevelopment Act of 1945, approved August 2, 1946 
     (60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), 
     the Board of Directors of the District of Columbia 
     Redevelopment Land Agency shall be paid, during any fiscal 
     year, per diem compensation at a rate established by the 
     Mayor.
       Sec. 120. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978, effective March 3, 
     1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), 
     enacted pursuant to section 422(3) of the District of 
     Columbia Home Rule Act of 1973, approved December 24, 1973 
     (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), 
     shall apply with respect to the compensation of District of 
     Columbia employees: Provided, That for pay purposes, 
     employees of the District of Columbia government shall not be 
     subject to the provisions of title 5, United States Code.
       Sec. 121. The Director of the Department of Administrative 
     Services may pay rentals and repair, alter, and improve 
     rented premises, without regard to the provisions of section 
     322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 
     278a), based upon a determination by the Director that, by 
     reason of circumstances set forth in such determination, the 
     payment of these rents and the execution of this work, 
     without reference to the limitations of section 322, is 
     advantageous to the District in terms of economy, efficiency, 
     and the District's best interest.
       Sec. 122. No later than 30 days after the end of the first 
     quarter of the fiscal year ending September 30, 1998, the 
     Mayor of the District of Columbia shall submit to the Council 
     of the District of Columbia the new fiscal year 1998 revenue 
     estimates as of the end of the first quarter of fiscal year 
     1998. These estimates shall be used in the budget request for 
     the fiscal year ending September 30, 1999. The officially 
     revised estimates at midyear shall be used for the midyear 
     report.
       Sec. 123. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985, effective 
     February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), 
     except that the District of Columbia government or any agency 
     thereof may renew or extend sole source contracts for

[[Page S12319]]

     which competition is not feasible or practical: Provided, 
     That the determination as to whether to invoke the 
     competitive bidding process has been made in accordance with 
     duly promulgated rules and procedures and said determination 
     has been reviewed and approved by the District of Columbia 
     Financial Responsibility and Management Assistance Authority.
       Sec. 124. For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, approved December 12, 1985 (99 
     Stat. 1037; Public Law 99-177), as amended, the term 
     ``program, project, and activity'' shall be synonymous with 
     and refer specifically to each account appropriating Federal 
     funds in this Act, and any sequestration order shall be 
     applied to each of the accounts rather than to the aggregate 
     total of those accounts: Provided, That sequestration orders 
     shall not be applied to any account that is specifically 
     exempted from sequestration by the Balanced Budget and 
     Emergency Deficit Control Act of 1985, approved December 12, 
     1985 (99 Stat. 1037; Public Law 99-177), as amended.
       Sec. 125. In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985, approved December 12, 1985 (99 Stat. 1037; 
     Public Law 99-177), as amended, after the amounts 
     appropriated to the District of Columbia for the fiscal year 
     involved have been paid to the District of Columbia, the 
     Mayor of the District of Columbia shall pay to the Secretary 
     of the Treasury, within 15 days after receipt of a request 
     therefor from the Secretary of the Treasury, such amounts as 
     are sequestered by the order: Provided, That the 
     sequestration percentage specified in the order shall be 
     applied proportionately to each of the Federal appropriation 
     accounts in this Act that are not specifically exempted from 
     sequestration by the Balanced Budget and Emergency Deficit 
     Control Act of 1985, approved December 12, 1985 (99 Stat. 
     1037; Public Law 99-177), as amended.
       Sec. 126. (a) An entity of the District of Columbia 
     government may accept and use a gift or donation during 
     fiscal year 1998 if--
       (1) the Mayor approves the acceptance and use of the gift 
     or donation: Provided, That the Council of the District of 
     Columbia may accept and use gifts without prior approval by 
     the Mayor; and
       (2) the entity uses the gift or donation to carry out its 
     authorized functions or duties.
       (b) Each entity of the District of Columbia government 
     shall keep accurate and detailed records of the acceptance 
     and use of any gift or donation under subsection (a) of this 
     section, and shall make such records available for audit and 
     public inspection.
       (c) For the purposes of this section, the term ``entity of 
     the District of Columbia government'' includes an independent 
     agency of the District of Columbia.
       (d) This section shall not apply to the District of 
     Columbia Board of Education, which may, pursuant to the laws 
     and regulations of the District of Columbia, accept and use 
     gifts to the public schools without prior approval by the 
     Mayor.
       Sec. 127. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979, 
     effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
     113(d)).
       Sec. 128. The University of the District of Columbia shall 
     submit to the Congress, the Mayor, the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     and the Council of the District of Columbia no later than 
     fifteen (15) calendar days after the end of each month a 
     report that sets forth--
       (1) current month expenditures and obligations, year-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections versus budget broken out on the basis 
     of control center, responsibility center, and object class, 
     and for all funds, non-appropriated funds, and capital 
     financing;
       (2) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and for all funding 
     sources;
       (3) a list of all active contracts in excess of $10,000 
     annually, which contains the name of each contractor; the 
     budget to which the contract is charged broken out on the 
     basis of control center and responsibility center, and 
     contract identifying codes used by the University of the 
     District of Columbia; payments made in the last month and 
     year-to-date, the total amount of the contract and total 
     payments made for the contract and any modifications, 
     extensions, renewals; and specific modifications made to each 
     contract in the last month;
       (4) all reprogramming requests and reports that have been 
     made by the University of the District of Columbia within the 
     last month in compliance with applicable law; and
       (5) changes made in the last month to the organizational 
     structure of the University of the District of Columbia, 
     displaying previous and current control centers and 
     responsibility centers, the names of the organizational 
     entities that have been changed, the name of the staff member 
     supervising each entity affected, and the reasons for the 
     structural change.
       Sec. 129. Funds authorized or appropriated to the 
     government of the District of Columbia by this or any other 
     act to procure the necessary hardware and installation of new 
     software, conversion, testing, and training to improve or 
     replace its financial management system are also available 
     for the acquisition of accounting and financial management 
     services and the leasing of necessary hardware, software or 
     any other related goods or services, as determined by the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority.
       Sec. 130. Section 456 of the District of Columbia Home Rule 
     Act of 1973, approved December 24, 1973 (87 Stat. 790; Public 
     Law 93-198; D.C. Code, secs. 47-231 et seq.) is amended--
       (1) in subsection (a)(1), by--
       (A) striking ``1995'' and inserting ``1998'';
       (B) striking ``Mayor'' and inserting ``District of Columbia 
     Financial Responsibility and Management Assistance 
     Authority''; and
       (C) striking ``Committee on the District of Columbia'' and 
     inserting ``Committee on Government Reform and Oversight'';
       (2) in subsection (b)(1), by--
       (A) striking ``1997'' and inserting ``1999'';
       (B) striking ``Mayor'' and inserting ``Authority''; and
       (C) striking ``Committee on the District of Columbia'' and 
     inserting ``Committee on Government Reform and Oversight'';
       (3) in subsection (b)(3), by striking ``Committee on the 
     District of Columbia'' and inserting ``Committee on 
     Government Reform and Oversight'';
       (4) in subsection (c)(1), by--
       (A) striking ``1995'' and inserting ``1997'';
       (B) striking ``Mayor'' and inserting ``Chief Financial 
     Officer''; and
       (C) striking ``Committee on the District of Columbia'' and 
     inserting ``Committee on Government Reform and Oversight'';
       (5) in subsection (c)(2)(A), by--
       (A) striking ``1997'' and inserting ``1999'';
       (B) striking ``Mayor'' and inserting ``Chief Financial 
     Officer''; and
       (C) striking ``Committee on the District of Columbia'' and 
     inserting ``Committee on Government Reform and Oversight'';
       (6) in subsection (c)(2)(B), by striking ``Committee on the 
     District of Columbia'' and inserting ``Committee on 
     Government Reform and Oversight''; and
       (7) in subsection (d)(1), by--
       (A) striking ``1994'' and inserting ``1997'';
       (B) striking ``Mayor'' and inserting ``Chief Financial 
     Officer''; and
       (C) striking ``Committee on the District of Columbia'' and 
     inserting ``Committee on Government Reform and Oversight''.
       Sec. 131. For purposes of the appointment of the head of a 
     department of the government of the District of Columbia 
     under section 11105(a) of the National Capital Revitalization 
     and Self-Improvement Act of 1997, Public Law 105-33, the 
     following rules shall apply:
       (1) After the Mayor notifies the Council under paragraph 
     (1)(A)(ii) of such section of the nomination of an individual 
     for appointment, the Council shall meet to determine whether 
     to confirm or reject the nomination.
       (2) If the Council fails to confirm or reject the 
     nomination during the 7-day period described in paragraph 
     (1)(A)(iii) of such section, the Council shall be deemed to 
     have confirmed the nomination.
       (3) For purposes of paragraph (1)(B) of such section, if 
     the Council does not confirm a nomination (or is not deemed 
     to have confirmed a nomination) during the 30-day period 
     described in such paragraph, the Mayor shall be deemed to 
     have failed to nominate an individual during such period to 
     fill the vacancy in the position of the head of the 
     department.
       Sec. 132. None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 133. None of the funds made available in this Act may 
     be used to implement or enforce the Health Care Benefits 
     Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-
     1401 et seq.) or to otherwise implement or enforce any system 
     of registration of unmarried, cohabiting couples (whether 
     homosexual, heterosexual, or lesbian), including but not 
     limited to registration for the purpose of extending 
     employment, health, or governmental benefits to such couples 
     on the same basis as such benefits are extended to legally 
     married couples.
       Sec. 134. The Emergency Transitional Education Board of 
     Trustees shall submit to the Congress, the Mayor, the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority, and the Council of the District of 
     Columbia no later than fifteen (15) calendar days after the 
     end of each month a report that sets forth--
       (1) current month expenditures and obligations, year-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections versus budget broken out on the basis 
     of control center, responsibility center, agency reporting 
     code, and object class, and for all funds, including capital 
     financing;
       (2) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and agency reporting 
     code, and for all funding sources;
       (3) a list of all active contracts in excess of $10,000 
     annually, which contains the name of each contractor; the 
     budget to which the contract is charged broken out on the 
     basis of control center, responsibility center, and agency 
     reporting code; and contract identifying codes used by the 
     D.C. Public Schools; payments made in the last month and 
     year-to-date, the total amount of the contract and total 
     payments made for the contract and any modifications, 
     extensions, renewals; and specific modifications made to each 
     contract in the last month;
       (4) all reprogramming requests and reports that are 
     required to be, and have been, submitted to the Board of 
     Education; and
       (5) changes made in the last month to the organizational 
     structure of the D.C. Public Schools, displaying previous and 
     current control centers and responsibility centers, the names 
     of the organizational entities that have been changed, the 
     name of the staff member supervising each entity affected, 
     and the reasons for the structural change.

[[Page S12320]]

       Sec. 135. (a) In General.--The Emergency Transitional 
     Education Board of Trustees of the District of Columbia and 
     the University of the District of Columbia shall annually 
     compile an accurate and verifiable report on the positions 
     and employees in the public school system and the university, 
     respectively. The annual report shall set forth--
       (1) the number of validated schedule A positions in the 
     District of Columbia Public Schools and the University of the 
     District of Columbia for fiscal year 1997, fiscal year 1998, 
     and thereafter on a full-time equivalent basis, including a 
     compilation of all positions by control center, 
     responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the District of 
     Columbia Public Schools and the University of the District of 
     Columbia as of the preceding December 31, verified as to its 
     accuracy in accordance with the functions that each employee 
     actually performs, by control center, responsibility center, 
     agency reporting code, program (including funding source), 
     activity, location for accounting purposes, job title, grade 
     and classification, annual salary, and position control 
     number.
       (b) Submission.--The annual report required by subsection 
     (a) of this section shall be submitted to the Congress, the 
     Mayor, the District of Columbia Council, the Consensus 
     Commission, and the Authority, not later than February 15 of 
     each year.
       Sec. 136. (a) No later than October 1, 1997, or within 15 
     calendar days after the date of the enactment of the District 
     of Columbia Appropriations Act, 1998, whichever occurs later, 
     and each succeeding year, the Emergency Transitional 
     Education Board of Trustees and the University of the 
     District of Columbia shall submit to the appropriate 
     congressional committees, the Mayor, the District of Columbia 
     Council, the Consensus Commission, and the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority, a revised appropriated funds operating budget for 
     the public school system and the University of the District 
     of Columbia for such fiscal year that is in the total amount 
     of the approved appropriation and that realigns budgeted data 
     for personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (b) The revised budget required by subsection (a) of this 
     section shall be submitted in the format of the budget that 
     the Emergency Transitional Education Board of Trustees and 
     the University of the District of Columbia submit to the 
     Mayor of the District of Columbia for inclusion in the 
     Mayor's budget submission to the Council of the District of 
     Columbia pursuant to section 442 of the District of Columbia 
     Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec. 
     47-301).
       Sec. 137. The Emergency Transitional Education Board of 
     Trustees, the Board of Trustees of the University of the 
     District of Columbia, the Board of Library Trustees, and the 
     Board of Governors of the University of the District of 
     Columbia School of Law shall vote on and approve their 
     respective annual or revised budgets before submission to the 
     Mayor of the District of Columbia for inclusion in the 
     Mayor's budget submission to the Council of the District of 
     Columbia in accordance with section 442 of the District of 
     Columbia Home Rule Act, Public Law 93-198, as amended (D.C. 
     Code, sec. 47-301), or before submitting their respective 
     budgets directly to the Council.
       Sec. 138. (a) Ceiling on Total Operating Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the total amount appropriated in this Act for operating 
     expenses for the District of Columbia for fiscal year 1998 
     under the caption ``Division of Expenses'' shall not exceed 
     the lesser of--
       (A) the sum of the total revenues of the District of 
     Columbia for such fiscal year; or
       (B) $4,811,906,000 (of which $118,269,000 shall be from 
     intra-District funds), which amount may be increased by the 
     following:
       (i) proceeds of one-time transactions, which are expended 
     for emergency or unanticipated operating or capital needs 
     approved by the District of Columbia Financial Responsibility 
     and Management Assistance Authority; and
       (ii) additional expenditures which the Chief Financial 
     Officer of the District of Columbia certifies will produce 
     additional revenues during such fiscal year at least equal to 
     200 percent of such additional expenditures, and which are 
     approved by the District of Columbia Financial Responsibility 
     and Management Assistance Authority.
       (C) to the extent that the sum of the total revenues of the 
     District of Columbia for such fiscal year exceed the total 
     amount provided for in subsection (B) above, the Chief 
     Financial Officer of the District of Columbia, with the 
     approval of the District of Columbia Financial Responsibility 
     and Management Assistance Authority, may credit up to ten 
     percent (10%) of the amount of such difference, not to exceed 
     $3,300,000, to a reserve fund which may be expended for 
     operating purposes in future fiscal years, in accordance with 
     the financial plans and budgets for such years.
       (2) Enforcement.--The Chief Financial Officer of the 
     District of Columbia and the District of Columbia Financial 
     Responsibility and Management Assistance Authority (hereafter 
     in this section referred to as ``Authority'') shall take such 
     steps as are necessary to assure that the District of 
     Columbia meets the requirements of this section, including 
     the apportioning by the Chief Financial Officer of the 
     appropriations and funds made available to the District 
     during fiscal year 1998.
       (b) Acceptance and Use of Grants Not Included in Ceiling.--
       (1) In general.--Notwithstanding subsection (a), the Mayor 
     in consultation with the Chief Financial Officer of the 
     District of Columbia during a control year, as defined in 
     section 305(4) of Public Law 104-8, as amended, 109 Stat. 
     152, may accept, obligate, and expend Federal, private, and 
     other grants received by the District government that are not 
     reflected in the amounts appropriated in this Act.
       (2) Requirement of chief financial officer report and 
     financial responsibility and management assistance authority 
     approval.--No such Federal, private, or other grant may be 
     accepted, obligated, or expended pursuant to paragraph (1) 
     until--
       (A) the Chief Financial Officer of the District submits to 
     the Authority a report setting forth detailed information 
     regarding such grant; and
       (B) the Authority has reviewed and approved the acceptance, 
     obligation, and expenditure of such grant in accordance with 
     review and approval procedures consistent with the provisions 
     of the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995.
       (3) Prohibition on spending in anticipation of approval or 
     receipt.--No amount may be obligated or expended from the 
     general fund or other funds of the District government in 
     anticipation of the approval or receipt of a grant under 
     paragraph (2)(B) or in anticipation of the approval or 
     receipt of a Federal, private, or other grant not subject to 
     such paragraph.
       (4) Monthly reports.--The Chief Financial Officer of the 
     District of Columbia shall prepare a monthly report setting 
     forth detailed information regarding all Federal, private, 
     and other grants subject to this subsection. Each such report 
     shall be submitted to the Council of the District of 
     Columbia, and to the Committees on Appropriations of the 
     House of Representatives and the Senate, not later than 15 
     days after the end of the month covered by the report.
       Sec. 139. The District of Columbia Emergency Transitional 
     Education Board of Trustees shall, subject to the contract 
     approval provisions of Public Law 104-8--
       (A) develop a comprehensive plan to identify and accomplish 
     energy conservation measures to achieve maximum cost-
     effective energy and water savings;
       (B) enter into innovative financing and contractual 
     mechanisms including, but not limited to, utility demand-side 
     management programs and energy savings performance contracts 
     and water conservation performance contracts: Provided, That 
     the terms of such contracts do not exceed twenty-five years; 
     and
       (C) permit and encourage each department or agency and 
     other instrumentality of the District of Columbia to 
     participate in programs conducted by any gas, electric or 
     water utility of the management of electricity or gas demand 
     or for energy or water conservation.
       Sec. 140. If a department or agency of the government of 
     the District of Columbia is under the administration of a 
     court-appointed receiver or other court-appointed official 
     during fiscal year 1998 or any succeeding fiscal year, the 
     receiver or official shall prepare and submit to the Mayor, 
     for inclusion in the annual budget of the District of 
     Columbia for the year, annual estimates of the expenditures 
     and appropriations necessary for the maintenance and 
     operation of the department or agency. All such estimates 
     shall be forwarded by the Mayor to the Council, for its 
     action pursuant to sections 446 and 603(c) of the District of 
     Columbia Home Rule Act, without revision but subject to the 
     Mayor's recommendations. Notwithstanding any provision of the 
     District of Columbia Home Rule Act, the Council may comment 
     or make recommendations concerning such annual estimates but 
     shall have no authority under such Act to revise such 
     estimates.
       Sec. 141. In addition to amounts appropriated or otherwise 
     made available, $5,000,000 is hereby appropriated to the 
     National Park Service and shall be available only for the 
     United States Park Police operations in the District of 
     Columbia.
       Sec. 142. The District government shall maintain for fiscal 
     year 1998 the same funding levels as provided in fiscal year 
     1997 for homeless services in the District of Columbia.
       Sec. 143. The District of Columbia Financial Responsibility 
     and Management Assistance Authority and the Chief Executive 
     Officer of the District of Columbia public schools are hereby 
     directed to report to the Appropriations Committees of the 
     Senate and the House of Representatives, the Senate Committee 
     on Governmental Affairs and the Committee on Government 
     Reform and Oversight of the House of Representatives not 
     later than April 1, 1998, on all measures necessary and steps 
     to be taken to ensure that the District's public schools open 
     on time to begin the 1998-99 academic year.
       Sec. 144. There are appropriated from applicable funds of 
     the District of Columbia such sums as may be necessary to 
     hire 12 additional inspectors for the Alcoholic Beverage 
     Commission. Of the additional inspectors, 6 shall focus their 
     responsibilities on the enforcement of laws relating to the 
     sale of alcohol to minors.
       Sec. 145. (a) Not later than 6 months after the date of 
     enactment of this Act, the General Accounting Office shall 
     conduct and submit to Congress a study of--
       (1) the District of Columbia's alcoholic beverage tax 
     structure and its relation to surrounding jurisdictions;
       (2) the effects of the District of Columbia's lower excise 
     taxes on alcoholic beverages on consumption of alcoholic 
     beverages in the District of Columbia;
       (3) ways in which the District of Columbia's tax structure 
     can be revised to bring it into conformity with the higher 
     levels in surrounding jurisdictions; and
       (4) ways in which those increased revenues can be used to 
     lower consumption and promote abstention from alcohol among 
     young people.
       (b) The study should consider whether--

[[Page S12321]]

       (1) alcohol is being sold in proximity to schools and other 
     areas where children are likely to be; and
       (2) creation of alcohol free zones in areas frequented by 
     children would be useful in deterring underage alcohol 
     consumption.
       Sec. 146. Of the amounts appropriated in this Act to the 
     District of Columbia, funds may be expended to--
       (1) hire 5 additional inspectors for the Department of 
     Consumer and Regulatory Affairs to focus on monitoring day 
     care centers and home day care operations; and
       (2) hire 5 additional Department of Human Services monitors 
     to focus on selecting quality day care centers eligible for 
     public financing and monitoring safety standards at such 
     centers.
       (b) Nothing in this section shall be deemed to supersede or 
     otherwise preempt the development and implementation of the 
     management reform plan for the Department of Consumer and 
     Regulatory Affairs and the Department of Human Services as 
     authorized in the District of Columbia Management Reform Act 
     of 1997 (Subtitle B, Title XI, Public Law 105-33).
       Sec. 147. (a) Short Title; Findings; Purpose.--
       (1) Short title.--This section may be cited as the 
     ``Nation's Capital Bicentennial Designation Act''.
       (2) Findings.--The Senate finds that--
       (A) the year 2000 will mark the 200th anniversary of 
     Washington, D.C. as the Nation's permanent capital, 
     commencing when the Government moved from Philadelphia to the 
     Federal City;
       (B) the framers of the Constitution provided for the 
     establishment of a special district to serve as ``the seat of 
     Government of the United States'';
       (C) the site for the city was selected under the direction 
     of President George Washington, with construction initiated 
     in 1791;
       (D) in submitting his design to Congress, Major Pierre 
     Charles L'Enfant included numerous parks, fountains, and 
     sweeping avenues designed to reflect a vision as grand and as 
     ambitious as the American experience itself;
       (E) the capital city was named after President George 
     Washington to commemorate and celebrate his triumph in 
     building the Nation;
       (F) as the seat of Government of the United States for 
     almost 200 years, the Nation's capital has been a center of 
     American culture and a world symbol of freedom and democracy;
       (G) from Washington, D.C., President Abraham Lincoln 
     labored to preserve the Union and the Reverend Martin Luther 
     King, Jr. led an historic march that energized the civil 
     rights movement, reminding America of its promise of liberty 
     and justice for all; and
       (H) the Government of the United States must continually 
     work to ensure that the Nation's capital is and remains the 
     shining city on the hill.
       (3) Purpose.--The purposes of this section are to--
       (A) designate the year 2000 as the ``Year of National 
     Bicentennial Celebration for Washington, D.C.--the Nation's 
     Capital''; and
       (B) establish the Presidents' Day holiday in the year 2000 
     as a day of national celebration for the 200th anniversary of 
     Washington, D.C.
       (b) Nation's Capital National Bicentennial.--
       (1) In general.--The year 2000 is designated as the ``Year 
     of the National Bicentennial Celebration for Washington, 
     D.C.--the Nation's Capital'' and the Presidents' Day Federal 
     holiday in the year 2000 is designated as a day of national 
     celebration for the 200th anniversary of Washington, D.C.
       (2) Sense of the senate.--It is the sense of the Senate 
     that all Federal entities should coordinate with and assist 
     the Nation's Capital Bicentennial Celebration, a nonprofit 
     501(c)(3) entity, organized and operating pursuant to the 
     laws of the District of Columbia, to ensure the success of 
     events and projects undertaken to renew and celebrate the 
     bicentennial of the establishment of Washington, D.C. as the 
     Nation's capital.
       Sec. 148. Notwithstanding section 602(c)(1) of the District 
     of Columbia Home Rule Act (sec. 1-233(c)(1), D.C. Code), 
     General Obligation Bond Act of 1998 (D.C. Bill 12-371), if 
     enacted by the Council of the District of Columbia and 
     approved by the District of Columbia Financial Responsibility 
     and Management Assistance Authority, shall take effect on the 
     date of such approval or the date of the enactment of this 
     Act, whichever is later.
       Sec. 149. (a) Notwithstanding any other provision of law, 
     rule, or regulation, an employee of the District of Columbia 
     Public Schools shall be--
       (1) classified as an Educational Service employee;
       (2) placed under the personnel authority of the Board of 
     Education; and
       (3) subject to all Board of Education rules.
       (b) School-based personnel shall constitute a separate 
     competitive area from nonschool-based personnel who shall not 
     compete with school-based personnel for retention purposes.
       Sec. 150. (a) Restrictions on Use of Official Vehicles.--
     (1) None of the funds made available by this Act or by any 
     other Act may be used to provide any officer or employee of 
     the District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this paragraph, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace (except in the case of a police officer who 
     resides in the District of Columbia).
       (2) The Chief Financial Officer of the District of Columbia 
     shall submit, by December 15, 1997, an inventory, as of 
     September 30, 1997, of all vehicles owned, leased or operated 
     by the District of Columbia government. The inventory shall 
     include, but not be limited to, the department to which the 
     vehicle is assigned; the year and make of the vehicle; the 
     acquisition date and cost; the general condition of the 
     vehicle; annual operating and maintenance costs; current 
     mileage; and whether the vehicle is allowed to be taken home 
     by a District officer or employee and if so, the officer or 
     employee's title and resident location.
       (b) Source of Payment for Employees Detailed Within 
     Government.--For purposes of determining the amount of funds 
     expended by any entity within the District of Columbia 
     government during fiscal year 1998 and each succeeding fiscal 
     year, any expenditures of the District government 
     attributable to any officer or employee of the District 
     government who provides services which are within the 
     authority and jurisdiction of the entity (including any 
     portion of the compensation paid to the officer or employee 
     attributable to the time spent in providing such services) 
     shall be treated as expenditures made from the entity's 
     budget, without regard to whether the officer or employee is 
     assigned to the entity or otherwise treated as an officer or 
     employee of the entity.
       (c) Restricting Providers From Whom Employees May Receive 
     Disability Compensation Services.--
       (1) In general.--Section 2303(a) of the District of 
     Columbia Comprehensive Merit Personnel Act of 1978 (D.C. 
     Code, sec. 1-624.3(a)) is amended by striking paragraph (3) 
     and all that follows and inserting the following:
       ``(3) By or on the order of the District of Columbia 
     government medical officers and hospitals, or by or on the 
     order of a physician or managed care organization designated 
     or approved by the Mayor.''.
       (2) Services furnished.--Section 2303 of such Act (D.C. 
     Code, sec. 1-624.3) is amended by adding at the end the 
     following new subsection:
       ``(c)(1) An employee to whom services, appliances, or 
     supplies are furnished pursuant to subsection (a) shall be 
     provided with such services, appliances, and supplies 
     (including reasonable transportation incident thereto) by a 
     managed care organization or other health care provider 
     designated by the Mayor, in accordance with such rules, 
     regulations, and instructions as the Mayor considers 
     appropriate.
       ``(2) Any expenses incurred as a result of furnishing 
     services, appliances, or supplies which are authorized by the 
     Mayor under paragraph (1) shall be paid from the Employees' 
     Compensation Fund.
       ``(3) Any medical service provided pursuant to this 
     subsection shall be subject to utilization review under 
     section 2323.''.
       (3) Repeal penalty for delayed payment of compensation.--
     Section 2324 of such Act (D.C. Code, sec. 1-624.24) is 
     amended by striking subsection (c).
       (4) Definitions.--Section 2301 of such Act (D.C. Code, sec. 
     1-624.1) is amended--
       (A) in the first sentence of subsection (c), by inserting 
     ``and as designated by the Mayor to provide services to 
     injured employees'' after ``State law''; and
       (B) by adding at the end the following new subsection:
       ``(r)(1) The term `managed care organization' means an 
     organization of physicians and allied health professionals 
     organized to and capable of providing systematic and 
     comprehensive medical care and treatment of injured employees 
     which is designated by the Mayor to provide such care and 
     treatment under this title.
       ``(2) The term `allied health professional' means a medical 
     care provider (including a nurse, physical therapist, 
     laboratory technician, X-ray technician, social worker, or 
     other provider who provides such care within the scope of 
     practice under applicable law) who is employed by or 
     affiliated with a managed care organization.''.
       (5) Effective date.--The amendments made by this subsection 
     shall apply with respect to services, supplies, or appliances 
     furnished under title XXIII of the District of Columbia Merit 
     Personnel Act of 1978 on or after the date of the enactment 
     of this Act.
       (d) Modification of Reduction in Force Procedures.--The 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as amended by 
     section 140(b) of the District of Columbia Appropriations 
     Act, 1997 (Public Law 104-194), is amended by adding at the 
     end the following new section:

     ``SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1998.

       ``(a) Notwithstanding any other provision of law, 
     regulation, or collective bargaining agreement either in 
     effect or to be negotiated while this legislation is in 
     effect for the fiscal year ending September 30, 1998, each 
     agency head is authorized, within the agency head's 
     discretion, to identify positions for abolishment.
       ``(b) Prior to February 1, 1998, each personnel authority 
     (other than a personnel authority of an agency which is 
     subject to a management reform plan under subtitle B of title 
     XI of the Balanced Budget Act of 1997) shall make a final 
     determination that a position within the personnel authority 
     is to be abolished.
       ``(c) Notwithstanding any rights or procedures established 
     by any other provision of this title, any District government 
     employee, regardless of date of hire, who encumbers a 
     position identified for abolishment shall be separated 
     without competition or assignment rights, except as provided 
     in this section.
       ``(d) An employee affected by the abolishment of a position 
     pursuant to this section who, but for this section would be 
     entitled to compete for retention, shall be entitled to one 
     round of lateral competition pursuant to Chapter 24 of the 
     District of Columbia Personnel Manual, which shall be limited 
     to positions in the employee's competitive level.
       ``(e) Each employee selected for separation pursuant to 
     this section shall be given written

[[Page S12322]]

     notice of at least 30 days before the effective date of his 
     or her separation.
       ``(f) Neither the establishment of a competitive area 
     smaller than an agency, nor the determination that a specific 
     position is to be abolished, nor separation pursuant to this 
     section shall be subject to review except that--
       ``(1) an employee may file a complaint contesting a 
     determination or a separation pursuant to title XV of this 
     Act or section 303 of the Human Rights Act of 1977 (D.C. 
     Code, sec. 1-2543); and
       ``(2) an employee may file with the Office of Employee 
     Appeals an appeal contesting that the separation procedures 
     of subsections (d) and (f) were not properly applied.
       ``(g) An employee separated pursuant to this section shall 
     be entitled to severance pay in accordance with title XI of 
     this Act, except that the following shall be included in 
     computing creditable service for severance pay for employees 
     separated pursuant to this section--
       ``(1) four years for an employee who qualified for veterans 
     preference under this Act, and
       ``(2) three years for an employee who qualified for 
     residency preference under this Act.
       ``(h) Separation pursuant to this section shall not affect 
     an employee's rights under either the Agency Reemployment 
     Priority Program or the Displaced Employee Program 
     established pursuant to Chapter 24 of the District Personnel 
     Manual.
       ``(i) With respect to agencies which are not subject to a 
     management reform plan under subtitle B of title XI of the 
     Balanced Budget Act of 1997, the Mayor shall submit to the 
     Council a listing of all positions to be abolished by agency 
     and responsibility center by March 1, 1998 or upon the 
     delivery of termination notices to individual employees.
       ``(j) Notwithstanding the provisions of section 1708 or 
     section 2402(d), the provisions of this Act shall not be 
     deemed negotiable.
       ``(k) A personnel authority shall cause a 30-day 
     termination notice to be served, no later than September 1, 
     1998, on any incumbent employee remaining in any position 
     identified to be abolished pursuant to subsection (b) of this 
     section.
       ``(l) In the case of an agency which is subject to a 
     management reform plan under subtitle B of title XI of the 
     Balanced Budget Act of 1997, the authority provided by this 
     section shall be exercised to carry out the agency's 
     management reform plan, and this section shall otherwise be 
     implemented solely in a manner consistent with such plan.''.
       Sec. 151. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with the Buy American Act (41 U.S.C. 
     10a-10c).
       (b) Sense of Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each agency of the Federal or District of 
     Columbia government shall provide to each recipient of the 
     assistance a notice describing the statement made in 
     paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 152. (a) Cap on Stipends of Retirement Board 
     Members.--Section 121(c)(1) of the District of Columbia 
     Retirement Reform Act (D.C. Code, sec. 1-711(c)(1)) is 
     amended by striking the period at the end and inserting the 
     following: ``, and the total amount to which a member may be 
     entitled under this subsection during a year (beginning with 
     1998) may not exceed $5,000.''.
       (b) Resumption of Certain Terminated Annuities Paid to 
     Child Survivors of District of Columbia Police and 
     Firefighters.--
       (1) In general.--Subsection (k)(5) of the Policemen and 
     Firemen's Retirement and Disability Act (D.C. Code, sec. 4-
     622(e)) is amended by adding at the end the following new 
     subparagraph:
       ``(D) If the annuity of a child under subparagraph (A) or 
     subparagraph (B) terminates because of marriage and such 
     marriage ends, the annuity shall resume on the first day of 
     the month in which it ends, but only if the individual is not 
     otherwise ineligible for the annuity.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to any termination of marriage 
     taking effect on or after November 1, 1993, except that 
     benefits shall be payable only with respect to amounts 
     accruing for periods beginning on the first day of the month 
     beginning after the later of such termination of marriage or 
     such date of enactment.
       Sec. 153. (a) In General.--The Council of the District of 
     Columbia shall annually review and adjust the amount of the 
     monthly assistance payment that may be made under the 
     Temporary Assistance for Needy Families Program so that such 
     payment is comparable with the monthly assistance payments 
     made under such program in Maryland and Virginia counties 
     that are contiguous to the District of Columbia.
       (b) Effective Date.--Subsection (a) shall apply with 
     respect to fiscal year 1998 and each succeeding fiscal year.
       Sec. 154. Effective as if included in the enactment of the 
     Omnibus Consolidated Rescissions and Appropriations Act of 
     1996, section 517 of such Act (110 Stat. 1321-248) is amended 
     by striking ``October 1, 1991'' and inserting ``the date of 
     the enactment of this Act''.
       Sec. 155. Requiring Placement of Inspector General Hotline 
     on Permit and License Application Forms.--
       (1) In general.--Each District of Columbia permit or 
     license application form printed after the expiration of the 
     30-day period which begins on the date of the enactment of 
     this Act shall include the telephone number established by 
     the Inspector General of the District of Columbia for 
     reporting instances of waste, fraud, and abuse, together with 
     a brief description of the uses and purposes of such number.
       (2) Quarterly reports on use of number.--Not later than 10 
     days after the end of such calendar quarter of each fiscal 
     year (beginning with fiscal year 1998), the Inspector General 
     of the District of Columbia shall submit a report to Congress 
     on the number and nature of the calls received through the 
     telephone number described in paragraph (1) during the 
     quarter and on the waste, fraud, and abuse detected as a 
     result of such calls.
       Sec. 156. (a) In General.--Notwithstanding any other 
     provision of law (including any law or regulation providing 
     for collective bargaining or the enforcement of any 
     collective bargaining agreement) or collective bargaining 
     agreement, any payment made by the District of Columbia after 
     the expiration of the 45-day period which begins on the date 
     of the enactment of this Act to any person shall be made by--
       (1) direct deposit through electronic funds transfer to a 
     checking, savings, or other account designated by the person; 
     or
       (2) a check delivered through the United States Postal 
     Service to the person's place of residence or business.
       (b) Regulations.--The Chief Financial Officer of the 
     District of Columbia is authorized to issue rules to carry 
     out this section.
       Sec. 157. (a) Deposit of Annual Federal Contribution With 
     Authority.--
       (1) In general.--The District of Columbia Financial 
     Responsibility and Management Assistance Act of 1995, as 
     amended by section 11601(b)(2) of the Balanced Budget Act of 
     1997, is amended by inserting after section 204 the following 
     new section:

     ``SEC. 205. DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION WITH 
                   AUTHORITY.

       ``(a) In General.--
       ``(1) Deposit into escrow account.--In the case of a fiscal 
     year which is a control year, the Secretary of the Treasury 
     shall deposit any Federal contribution to the District of 
     Columbia for the year authorized under section 11601(c)(2) of 
     the Balanced Budget Act of 1997 into an escrow account held 
     by the Authority, which shall allocate the funds to the Mayor 
     at such intervals and in accordance with such terms and 
     conditions as it considers appropriate to implement the 
     financial plan for the year. In establishing such terms and 
     conditions, the Authority shall give priority to using the 
     Federal contribution for cash flow management and the payment 
     of outstanding bills owed by the District government.
       ``(2) Exception for amounts withheld for advances.--
     Paragraph (1) shall not apply with respect to any portion of 
     the Federal contribution which is withheld by the Secretary 
     of the Treasury in accordance with section 605(b)(2) of title 
     VI of the District of Columbia Revenue Act of 1939 to 
     reimburse the Secretary for advances made under title VI of 
     such Act.
       ``(b) Expenditure of Funds from Account in Accordance With 
     Authority Instructions.--Any funds allocated by the Authority 
     to the Mayor from the escrow account described in paragraph 
     (1) may be expended by the Mayor only in accordance with the 
     terms and conditions established by the Authority at the time 
     the funds are allocated.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     204 the following new item:

``Sec. 205. Deposit of annual Federal contribution with Authority.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the enactment of the 
     Balanced Budget Act of 1997.
       (b) Dishonored Check Collection.--The Act entitled ``An Act 
     to authorize the Commissioners of the District of Columbia to 
     prescribe penalties for the handling and collection of 
     dishonored checks'', approved September 28, 1965 (D.C. Code, 
     sec. 1-357) is amended--
       (1) in subsection (a) by inserting after the third sentence 
     the following: ``The Mayor may enter into a contract to 
     collect the amount of the original obligation.''; and
       (2) by adding at the end the following new subsections:
       ``(c) In a case in which the amount of a dishonored or 
     unpaid check is collected as a result of a contract, the 
     Mayor shall collect any costs or expenses incurred to collect 
     such amount from such person who gives or causes to be given, 
     in payment of any obligation or liability due the government 
     of the District of Columbia, a check which is subsequently 
     dishonored or not duly paid. In a case in which the amount of 
     a dishonored or unpaid check is collected as a result of an 
     action at law or in equity, such costs and expenses shall 
     include litigation expenses and attorney's fees.
       ``(d) An action at law or in equity for the recovery of any 
     amount owed to the District as a result of subsection (c), 
     including any litigation expenses or attorney's fees may be 
     initiated--

[[Page S12323]]

       ``(1) by the Corporation Counsel of the District of 
     Columbia; or
       ``(2) in a case in which the Corporation Counsel does not 
     exercise his or her authority, by the person who provides 
     collection services as a result of a contract with the Mayor.
       ``(e) Nothing in this section may be construed to eliminate 
     the Mayor's exclusive authority with respect to any 
     obligations and liabilities of the District of Columbia.''.
       (c) Conforming References to Internal Revenue Code of 
     1986.--Section 4(28A) of the District of Columbia Income and 
     Franchise Act of 1947 (D.C. Code, sec. 47-1801.4(28A)) is 
     amended to read as follows:
       ``(28A) The term `Internal Revenue Code of 1986' means the 
     Internal Revenue Code of 1986 (100 Stat. 2085; 26 U.S.C. 1 et 
     seq.), as amended through August 20, 1996. The provisions of 
     the Internal Revenue Code of 1986 shall be effective on the 
     same dates that they are effective for Federal tax 
     purposes.''.
       (d) Standard for Review of Recommendations of Business 
     Regulatory Reform Commission in Review of Regulations by 
     Authority.--Section 11701(a)(1) of the Balanced Budget Act of 
     1997 is amended by striking the second sentence and inserting 
     the following: ``In carrying out such review, the Authority 
     shall include an explicit reference to each recommendation 
     made by the Business Regulatory Reform Commission pursuant to 
     the Business Regulatory Reform Commission Act of 1994 (D.C. 
     Code, sec. 2-4101 et seq.), together with specific findings 
     and conclusions with respect to each such recommendation.''.
       (e) Technical Corrections Relating to Balanced Budget Act 
     of 1997.--(1) Effective as if included in the enactment of 
     the Balanced Budget Act of 1997, section 453(c) of the 
     District of Columbia Home Rule Act (D.C. Code, sec. 47-
     304.1(c)), as amended by section 11243(d) of the Balanced 
     Budget Act of 1997, is amended to read as follows:
       ``(c) Subsection (a) shall not apply to amounts 
     appropriated or otherwise made available to the Council, the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority established under section 101(a) of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Act of 1995, or the District of Columbia Water and 
     Sewer Authority established pursuant to the Water and Sewer 
     Authority Establishment and Department of Public Works 
     Reorganization Act of 1996.''.
       (2) Section 11201(g)(2)(A)(ii) of the Balanced Budget Act 
     of 1997 is amended--
       (A) in the heading, by striking ``Department of parks and 
     recreation'' and inserting ``parks authority''; and
       (B) by striking ``Department of Parks and Recreation'' and 
     inserting ``Parks Authority''.
       (f) Repeal of Prior Notice Requirement for Federal 
     Activities Affecting Real Property in District of Columbia.--
     Effective October 1, 1997, the Balanced Budget Act of 1997 
     (Public Law 105-33) is amended by striking section 11715.
       Sec. 158. Notwithstanding any provision of any Federally-
     granted charter or any other provision of law, the real 
     property of the National Education Association located in the 
     District of Columbia shall be subject to taxation by the 
     District of Columbia in the same manner as any similar 
     organization.
       Sec. 159. (a) Section 501(c)(4) of the District of Columbia 
     Police and Firemen's Act of 1958 (D.C. Code, sec. 4-
     416(c)(4)) is amended by striking ``locality pay'' and 
     inserting ``longevity pay''.
       (b) The amendment made by subsection (a) is effective on 
     the date of enactment of Public Law 105-61.
       Sec. 160. In addition to amounts appropriated or otherwise 
     made available, $3,000,000 is appropriated for the purpose of 
     funding a Medicare Coordinated Care Demonstration Project in 
     the District of Columbia as specified in section 
     4016(b)(2)(C) of the Balanced Budget Act of 1997.
       Sec. 161. Nothing in this Act shall be construed to 
     authorize any office, agency or entity to expend funds for 
     programs or functions for which a reorganization plan is 
     required but has not been approved by the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority (hereafter in this section referred to as 
     ``Authority''). Appropriations made by this Act for such 
     programs or functions are conditioned only on the approval by 
     the Authority of the required reorganization plans.
       Sec. 162. Effective as if included in the enactment of 
     subtitle J of title IV of the Balanced Budget Act of 1997 
     (Public Law 105-33) the Social Security Act is amended as 
     follows:
       (1) The fourth sentence of section 1905(b) of such Act (42 
     U.S.C. 1396d(b)) is amended by inserting ``for the State for 
     a fiscal year, and that do not exceed the amount of the 
     State's allotment under section 2104 (not taking into account 
     reductions under section 2104(d)(2)) for the fiscal year 
     reduced by the amount of any payments made under section 2105 
     to the State from such allotment for such fiscal year,'' 
     after ``subsection (u)(3)''.
       (2) Section 1905(u) of such Act (42 U.S.C. 1396d(u)) is 
     amended--
       (A) in paragraph (1)(B), by striking ``paragraph (2)'' and 
     inserting ``the fourth sentence of subsection (b)'';
       (B) in paragraph (2)(A), by striking ``(C), but not in 
     excess'' and all that follows up to the period at the end and 
     inserting ``(B)'';
       (C) by striking subparagraphs (B) and (C) of paragraph (2) 
     and inserting the following:
       ``(B) For purposes of this paragraph, the term `optional 
     targeted low-income child' means a targeted low-income child 
     as defined in section 2110(b)(1) (determined without regard 
     to that portion of subparagraph (C) of such section 
     concerning eligibility for medical assistance under this 
     title) who would not qualify for medical assistance under the 
     State plan under this title as in effect on March 31, 1997 
     (but taking into account the expansion of age of eligibility 
     effected through the operation of section 1902(l)(1)(D)).'';
       (D) in paragraph (3)--
       (i) by striking ``described in this subparagraph'' and 
     inserting ``described in this paragraph''; and
       (ii) by striking ``April 15, 1997'' and inserting ``March 
     31, 1997''; and
       (E) by adding at the end the following:
       ``(4) The limitations on payment under subsections (f) and 
     (g) of section 1108 shall not apply to Federal payments made 
     under section 1903(a)(1) based on an enhanced FMAP described 
     in section 2105(b).''.
       (3) Section 2110(b) of such Act (42 U.S.C. 1397jj(b)) is 
     amended--
       (A) in paragraph (1)(B)(ii) to read as follows:
       ``(ii) is a child--
       ``(I) whose family income (as determined under the State 
     child health plan)) exceeds the medicaid applicable income 
     level (as defined in paragraph (4)), but does not exceed 50 
     percentage points above the medicaid applicable income level;
       ``(II) whose family income (as so determined) does not 
     exceed the medicaid applicable income level (as defined in 
     paragraph (4) but determined as if `June 1, 1997' were 
     substituted for `March 31, 1997'); or
       ``(III) who resides in a State that does not have a 
     medicaid applicable income level (as defined in paragraph 
     (4)); and''; and
       (B) in paragraph (4)--
       (i) by striking ``June 1, 1997'' and inserting ``March 31, 
     1997''; and
       (ii) by inserting ``or 1905(n)(2) (as selected by a 
     State)'' after ``1902(l)(2)''.
       (4) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) 
     is amended by striking ``or 1905(p)(1)'' and inserting 
     ``1905(p)(1), or 1905(u)''.
       (5) Section 2105(c)(2)(A) of such Act (42 U.S.C. 
     1397ee(c)(2)(A)) is amended to read as follows--
       ``(A) In general.--Except as provided in this paragraph, 
     payment shall not be made under subsection (a) for 
     expenditures for items described in subsection (a) (other 
     than paragraph (1)) for a fiscal year to the extent the total 
     of such expenditures (for which payment is made under such 
     subsection) exceeds 10 percent of the sum of--
       ``(i) the total of such expenditures for such fiscal year, 
     and
       ``(ii) the total expenditures for medical assistance by the 
     State under title XIX for which Federal payments made under 
     section 1903(a)(1) are based on an enhanced FMAP described in 
     section 2105(b) for such fiscal year.''.
       (6) Section 2104 of such Act (42 U.S.C. 1397dd) is 
     amended--
       (A) in subsection (d)(1), by striking ``for calendar 
     quarters'' and inserting ``for expenditures claimed by the 
     State''; and
       (B) by striking subsection (d)(2) and inserting the 
     following:
       ``(2) the amount (if any) of the payments made to that 
     State under section 1903(a) for expenditures claimed by the 
     State during such fiscal year that is attributable to the 
     provision of medical assistance to a child for which payment 
     is made under section 1903(a)(1) on the basis of an enhanced 
     FMAP under the fourth sentence of section 1905(b).''.
       (7) Section 2105 of such Act (42 U.S.C. 1397ee) is amended 
     by adding at the end the following:
       ``(f) Flexibility in Submittal of Claims.--Nothing in this 
     section or subsections (e) and (f) of section 2104 shall be 
     construed as preventing a State from claiming as expenditures 
     in the quarter expenditures that were incurred in a previous 
     quarter.''.
       (8) Section 2104 of such Act (42 U.S.C. 1397dd) is 
     amended--
       (A) in subsection (a)(1), by striking ``$4,275,000,000'' 
     and inserting ``$4,295,000,000'';
       (B) in subsection (b)(4), by striking ``Subject to 
     paragraph (5), in'' and inserting ``In''; and
       (C) in subsection (c)--
       (i) in paragraph (2)(C), by inserting ``the'' before 
     ``Virgin Islands'', and
       (ii) in paragraphs (3)(C) and (3)(E), by striking ``the'' 
     and inserting ``The''.
       (9) Section 2110(c)(3) of such Act (42 U.S.C. 1397jj(c)(3)) 
     is amended by striking ``2191'' and inserting ``2791''.
       Sec. 163. The Administrator of General Services is 
     authorized to amend the use restriction contained in the 
     Administrator's 1956 conveyance of land to the City of 
     Bonham, Texas, mandated by Public Law 586 of the 84th 
     Congress. The amended use restriction will limit the property 
     to state veterans, nursing homes and public safety 
     communications purposes only.
       Sec. 164. Notwithstanding any other provision of law, rule, 
     or regulation, the evaluation process and instruments for 
     evaluating District of Columbia Public Schools employees 
     shall be a non-negotiable item for collective bargaining 
     purposes.
       Sec. 165. There are appropriated from such funds of the 
     District of Columbia, as are deemed appropriate by the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority, $2,600,000, for the Fire and Emergency 
     Medical Services Department for a 5 percent pay increase for 
     uniformed fire fighters.
       Sec. 166. During fiscal year 1998, from funds available to 
     the Department of Defense, up to $800,000 is available to the 
     Department of Defense to compensate persons who have suffered 
     documented commercial loss of cranberry crops in 1997 in the 
     Mashpee or Falmouth bogs, located on the Quashnet and 
     Coonamessett Rivers, respectively, as a result of the 
     presence of ethylene dibromide (EDB) in or on cranberries 
     from either of the plumes of EDB-contaminated groundwater 
     known as ``FS 28'' and ``FS-1'' adjacent to the Massachusetts 
     Military Reservation, Cape Cod, Massachusetts.

[[Page S12324]]

  TITLE II--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND 
                     DEPORTATION FOR CERTAIN ALIENS

       Sec. 201. Short Title.--This title may be cited as the 
     ``Nicaraguan Adjustment and Central American Relief Act''.
       Sec. 202. Adjustment of Status of Certain Nicaraguans and 
     Cubans. (a) Adjustment of Status.--
       (1) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act, the status of any alien 
     described in subsection (b) shall be adjusted by the Attorney 
     General to that of an alien lawfully admitted for permanent 
     residence, if the alien--
       (A) applies for such adjustment before April 1, 2000; and
       (B) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except in determining such admissibility the 
     grounds for inadmissibility specified in paragraphs (4), (5), 
     (6)(A), and (7)(A) of section 212(a) of the Immigration and 
     Nationality Act shall not apply.
       (2) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order. If the Attorney General 
     grants the application, the Attorney General shall cancel the 
     order. If the Attorney General renders a final administrative 
     decision to deny the application, the order shall be 
     effective and enforceable to the same extent as if the 
     application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--
       (1) In general.--The benefits provided by subsection (a) 
     shall apply to any alien who is a national of Nicaragua or 
     Cuba and who has been physically present in the United States 
     for a continuous period, beginning not later than December 1, 
     1995, and ending not earlier than the date the application 
     for adjustment under such subsection is filed, except an 
     alien shall not be considered to have failed to maintain 
     continuous physical presence by reason of an absence, or 
     absences, from the United States for any periods in the 
     aggregate not exceeding 180 days.
       (2) Proof of commencement of continuous presence.--For 
     purposes of establishing that the period of continuous 
     physical presence referred to in paragraph (1) commenced not 
     later than December 1, 1995, an alien--
       (A) shall demonstrate that the alien, prior to December 1, 
     1995--
       (i) applied to the Attorney General for asylum;
       (ii) was issued an order to show cause under section 242 or 
     242B of the Immigration and Nationality Act (as in effect 
     prior to April 1, 1997);
       (iii) was placed in exclusion proceedings under section 236 
     of such Act (as so in effect);
       (iv) applied for adjustment of status under section 245 of 
     such Act;
       (v) applied to the Attorney General for employment 
     authorization;
       (vi) performed service, or engaged in a trade or business, 
     within the United States which is evidenced by records 
     maintained by the Commissioner of Social Security; or
       (vii) applied for any other benefit under the Immigration 
     and Nationality Act by means of an application establishing 
     the alien's presence in the United States prior to December 
     1, 1995; or
       (B) shall make such other demonstration of physical 
     presence as the Attorney General may provide for by 
     regulation.
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien subject to a final order of 
     deportation or removal to seek a stay of such order based on 
     the filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Attorney General shall not order any alien to be removed from 
     the United States, if the alien is in exclusion, deportation, 
     or removal proceedings under any provision of such Act and 
     has applied for adjustment of status under subsection (a), 
     except where the Attorney General has rendered a final 
     administrative determination to deny the application.
       (3) Work authorization.--The Attorney General may authorize 
     an alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application and may provide the 
     alien with an ``employment authorized'' endorsement or other 
     appropriate document signifying authorization of employment, 
     except that if such application is pending for a period 
     exceeding 180 days, and has not been denied, the Attorney 
     General shall authorize such employment.
       (d) Adjustment of Status for Spouses and Children.--
       (1) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act, the status of an alien shall 
     be adjusted by the Attorney General to that of an alien 
     lawfully admitted for permanent residence, if--
       (A) the alien is a national of Nicaragua or Cuba;
       (B) the alien is the spouse, child, or unmarried son or 
     daughter, of an alien whose status is adjusted to that of an 
     alien lawfully admitted for permanent residence under 
     subsection (a), except that in the case of such an unmarried 
     son or daughter, the son or daughter shall be required to 
     establish that they have been physically present in the 
     United States for a continuous period, beginning not later 
     than December 1, 1995, and ending not earlier than the date 
     the application for adjustment under this subsection is 
     filed;
       (C) the alien applies for such adjustment and is physically 
     present in the United States on the date the application is 
     filed;
       (D) the alien is otherwise eligible to receive an immigrant 
     visa and is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for exclusion specified in paragraphs (4), (5), 
     (6)(A), and (7)(A) of section 212(a) of the Immigration and 
     Nationality Act shall not apply; and
       (E) applies for such adjustment before April 1, 2000.
       (2) Proof of continuous presence.--For purposes of 
     establishing the period of continuous physical presence 
     referred to in paragraph (1)(B), an alien--
       (A) shall demonstrate that such period commenced not later 
     than December 1, 1995, in a manner consistent with subsection 
     (b)(2); and
       (B) shall not be considered to have failed to maintain 
     continuous physical presence by reason of an absence, or 
     absences, from the United States for any period in the 
     aggregate not exceeding 180 days.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) No Offset in Number of Visas Available.--When an alien 
     is granted the status of having been lawfully admitted for 
     permanent residence pursuant to this section, the Secretary 
     of State shall not be required to reduce the number of 
     immigrant visas authorized to be issued under any provision 
     of the Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this section, the definitions contained in the Immigration 
     and Nationality Act shall apply in the administration of this 
     section. Nothing contained in this section shall be held to 
     repeal, amend, alter, modify, affect, or restrict the powers, 
     duties, functions, or authority of the Attorney General in 
     the administration and enforcement of such Act or any other 
     law relating to immigration, nationality, or naturalization. 
     The fact that an alien may be eligible to be granted the 
     status of having been lawfully admitted for permanent 
     residence under this section shall not preclude the alien 
     from seeking such status under any other provision of law for 
     which the alien may be eligible.
       Sec. 203. Modification of Certain Transition Rules. (a) 
     Transitional Rules with Regard to Suspension of 
     Deportation.--
       (1) In general.--Section 309(c)(5) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Public Law 104-208; division C; 110 Stat. 3009-627) is 
     amended to read as follows:
       ``(5) Transitional rules with regard to suspension of 
     deportation.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     paragraphs (1) and (2) of section 240A(d) of the Immigration 
     and Nationality Act (relating to continuous residence or 
     physical presence) shall apply to orders to show cause 
     (including those referred to in section 242B(a)(1) of the 
     Immigration and Nationality Act, as in effect before the 
     title III-A effective date), issued before, on, or after the 
     date of the enactment of this Act.
       ``(B) Exception for certain orders.--In any case in which 
     the Attorney General elects to terminate and reinitiate 
     proceedings in accordance with paragraph (3) of this 
     subsection, paragraphs (1) and (2) of section 240A(d) of the 
     Immigration and Nationality Act shall not apply to an order 
     to show cause issued before April 1, 1997.
       ``(C) Special rule for certain aliens granted temporary 
     protection from deportation.--
       ``(i) In general.--For purposes of calculating the period 
     of continuous physical presence under section 244(a) of the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date) or section 240A of such Act (as 
     in effect after the title III-A effective date), subparagraph 
     (A) and paragraphs (1) and (2) of section 240A(d) of the 
     Immigration and Nationality Act shall not apply in the case 
     of an alien, regardless of whether the alien is in exclusion 
     or deportation proceedings before the title III-A effective 
     date, who has not been convicted at any time of an aggravated 
     felony (as defined in section 101(a) of the Immigration and 
     Nationality Act) and--

       ``(I) was not apprehended after December 19, 1990, at the 
     time of entry, and is--

       ``(aa) a Salvadoran national who first entered the United 
     States on or before September 19, 1990, and who registered 
     for benefits pursuant to the settlement agreement in American 
     Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 
     796 (N.D. Cal. 1991) on or before October 31, 1991, or 
     applied for temporary protected status on or before October 
     31, 1991; or
       ``(bb) a Guatemalan national who first entered the United 
     States on or before October 1, 1990, and who registered for 
     benefits pursuant to such settlement agreement on or before 
     December 31, 1991;

       ``(II) is a Guatemalan or Salvadoran national who filed an 
     application for asylum with the

[[Page S12325]]

     Immigration and Naturalization Service on or before April 1, 
     1990;
       ``(III) is the spouse or child (as defined in section 
     101(b)(1) of the Immigration and Nationality Act) of an 
     individual, at the time a decision is rendered to suspend the 
     deportation, or cancel the removal, of such individual, if 
     the individual has been determined to be described in this 
     clause (excluding this subclause and subclause (IV));
       ``(IV) is the unmarried son or daughter of an alien parent, 
     at the time a decision is rendered to suspend the 
     deportation, or cancel the removal, of such alien parent, 
     if--

       ``(aa) the alien parent has been determined to be described 
     in this clause (excluding this subclause and subclause 
     (III)); and
       ``(bb) in the case of a son or daughter who is 21 years of 
     age or older at the time such decision is rendered, the son 
     or daughter entered the United States on or before October 1, 
     1990; or

       ``(V) is an alien who entered the United States on or 
     before December 31, 1990, who filed an application for asylum 
     on or before December 31, 1991, and who, at the time of 
     filing such application, was a national of the Soviet Union, 
     Russia, any republic of the former Soviet Union, Latvia, 
     Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, 
     Bulgaria, Albania, East Germany, Yugoslavia, or any state of 
     the former Yugoslavia.

       ``(ii) Limitation on judicial review.--A determination by 
     the Attorney General as to whether an alien satisfies the 
     requirements of this clause (i) is final and shall not be 
     subject to review by any court. Nothing in the preceding 
     sentence shall be construed as limiting the application of 
     section 242(a)(2)(B) of the Immigration and Nationality Act 
     (as in effect after the title III-A effective date) to other 
     eligibility determinations pertaining to discretionary relief 
     under this Act.''.
       (2) Conforming Amendment.--Subsection (c) of section 309 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-
     625) is amended by striking the subsection designation and 
     the subsection heading and inserting the following:
       ``(c) Transition for Certain Aliens.--''.
       (b) Special Rule for Cancellation of Removal.--Section 309 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-625) is amended by adding at the end the following:
       ``(f) Special Rule for Cancellation of Removal.--
       ``(1) In general.--Subject to the provisions of the 
     Immigration and Nationality Act (as in effect after the title 
     III-A effective date), other than subsections (b)(1), (d)(1), 
     and (e) of section 240A of such Act (but including section 
     242(a)(2)(B) of such Act), the Attorney General may, under 
     section 240A of such Act, cancel removal of, and adjust to 
     the status of an alien lawfully admitted for permanent 
     residence, an alien who is inadmissible or deportable from 
     the United States, if the alien applies for such relief, the 
     alien is described in subsection (c)(5)(C)(i) of this 
     section, and--
       ``(A) the alien--
       ``(i) is not inadmissible or deportable under paragraph (2) 
     or (3) of section 212(a) or paragraph (2), (3), or (4) of 
     section 237(a) of the Immigration and Nationality Act and is 
     not an alien described in section 241(b)(3)(B)(i) of such 
     Act;
       ``(ii) has been physically present in the United States for 
     a continuous period of not less than 7 years immediately 
     preceding the date of such application;
       ``(iii) has been a person of good moral character during 
     such period; and
       ``(iv) establishes that removal would result in extreme 
     hardship to the alien or to the alien's spouse, parent, or 
     child, who is a citizen of the United States or an alien 
     lawfully admitted for permanent residence; or
       ``(B) the alien--
       ``(i) is inadmissible or deportable under section 
     212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or 
     237(a)(3) of the Immigration and Nationality Act;
       ``(ii) is not an alien described in section 241(b)(3)(B)(i) 
     or 101(a)(43) of such Act;
       ``(iii) has been physically present in the United States 
     for a continuous period of not less than 10 years immediately 
     following the commission of an act, or the assumption of a 
     status, constituting a ground for removal;
       ``(iv) has been a person of good moral character during 
     such period; and
       ``(v) establishes that removal would result in exceptional 
     and extremely unusual hardship to the alien or to the alien's 
     spouse, parent, or child, who is a citizen of the United 
     States or an alien lawfully admitted for permanent residence.
       ``(2) Treatment of certain breaks in presence.--Section 
     240A(d)(2) shall apply for purposes of calculating any period 
     of continuous physical presence under this subsection, except 
     that the reference to subsection (b)(1) in such section shall 
     be considered to be a reference to paragraph (1) of this 
     section.''.
       (c) Motions to Reopen Deportation or Removal Proceedings.--
     Section 309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-625), as amended by subsection (b), is further amended 
     by adding at the end the following:
       ``(g) Motions to Reopen Deportation or Removal 
     Proceedings.--Notwithstanding any limitation imposed by law 
     on motions to reopen removal or deportation proceedings 
     (except limitations premised on an alien's conviction of an 
     aggravated felony (as defined in section 101(a) of the 
     Immigration and Nationality Act)), any alien who has become 
     eligible for cancellation of removal or suspension of 
     deportation as a result of the amendments made by section 203 
     of the Nicaraguan Adjustment and Central American Relief Act 
     may file one motion to reopen removal or deportation 
     proceedings to apply for cancellation of removal or 
     suspension of deportation. The Attorney General shall 
     designate a specific time period in which all such motions to 
     reopen are required to be filed. The period shall begin not 
     later than 60 days after the date of the enactment of the 
     Nicaraguan Adjustment and Central American Relief Act and 
     shall extend for a period not to exceed 240 days.''.
       (d) Temporary Reduction in Diversity Visas.--
       (1) Beginning in fiscal year 1999, subject to paragraph 
     (2), the number of visas available for a fiscal year under 
     section 201(e) of the Immigration and Nationality Act shall 
     be reduced by 5,000 from the number of visas available under 
     that section for such fiscal year.
       (2) In no case shall the reduction under paragraph (1) for 
     a fiscal year exceed the amount by which--
       (A) one-half of the total number of individuals described 
     in subclauses (I), (II), (III), and (IV) of section 
     309(c)(5)(C) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 who have adjusted their status to 
     that of aliens lawfully admitted for permanent residence 
     under the Nicaraguan Adjustment and Central American Relief 
     Act as of the end of the previous fiscal year exceeds--
       (B) the total of the reductions in available visas under 
     this subsection for all previous fiscal years.
       (e) Temporary Reduction in Other Workers' Visas.--
       (1) Beginning in the fiscal year following the fiscal year 
     in which a visa has been made available under section 
     203(b)(3)(A)(iii) of the Immigration and Nationality Act for 
     all aliens who are the beneficiary of a petition approved 
     under section 204 of such Act as of the date of the enactment 
     of this Act for classification under section 
     203(b)(3)(A)(iii) of such Act, subject to paragraph (2), 
     visas available under section 203(b)(3)(A)(iii) of that Act 
     shall be reduced by 5,000 from the number of visas otherwise 
     available under that section for such fiscal year.
       (2) In no case shall the reduction under paragraph (1) for 
     a fiscal year exceed the amount by which--
       (A) the number computed under subsection (d)(2)(A), 
     exceeds--
       (B) the total of the reductions in available visas under 
     this subsection for all previous fiscal years.
       (f) Effective Date.--The amendments made by this section to 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 shall take effect as if included in the enactment 
     of such Act.
       Sec. 204. Limitation on Cancellations of Removal and 
     Suspensions of Deportation. (a) Annual Limitation.--Section 
     240A(e) of the Immigration and Nationality Act (8 U.S.C. 
     1229b(e)) is amended to read as follows:
       ``(e) Annual Limitation.--
       ``(1) Aggregate limitation.--Subject to paragraphs (2) and 
     (3), the Attorney General may not cancel the removal and 
     adjust the status under this section, nor suspend the 
     deportation and adjust the status under section 244(a) (as in 
     effect before the enactment of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996), of a total of more 
     than 4,000 aliens in any fiscal year. The previous sentence 
     shall apply regardless of when an alien applied for such 
     cancellation and adjustment, or such suspension and 
     adjustment, and whether such an alien had previously applied 
     for suspension of deportation under such section 244(a). The 
     numerical limitation under this paragraph shall apply to the 
     aggregate number of decisions in any fiscal year to cancel 
     the removal (and adjust the status) of an alien, or suspend 
     the deportation (and adjust the status) of an alien, under 
     this section or such section 244(a).
       ``(2) Fiscal year 1997.--For fiscal year 1997, paragraph 
     (1) shall only apply to decisions to cancel the removal of an 
     alien, or suspend the deportation of an alien, made after 
     April 1, 1997. Notwithstanding any other provision of law, 
     the Attorney General may cancel the removal or suspend the 
     deportation, in addition to the normal allotment for fiscal 
     year 1998, of a number of aliens equal to 4,000 less the 
     number of such cancellations of removal and suspensions of 
     deportation granted in fiscal year 1997 after April 1, 1997.
       ``(3) Exception for certain aliens.--Paragraph (1) shall 
     not apply to the following:
       ``(A) Aliens described in section 309(c)(5)(C)(i) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (as amended by the Nicaraguan Adjustment and Central 
     American Relief Act).
       ``(B) Aliens in deportation proceedings prior to April 1, 
     1997, who applied for suspension of deportation under section 
     244(a)(3) (as in effect before the date of the enactment of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996).''.
       (b) Cancellation of Removal and Adjustment of Status for 
     Certain Nonpermanent Residents.--Section 240A(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)) is 
     amended in each of paragraphs (1) and (2) by striking ``may 
     cancel removal in the case of an alien'' and inserting ``may 
     cancel removal of, and adjust to the status of an alien 
     lawfully admitted for permanent residence, an alien''.
       (c) Recordation of Date.--Section 240A(b)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(3)) is 
     amended to read as follows:
       ``(3) Recordation of date.--With respect to aliens who the 
     Attorney General adjusts to the status of an alien lawfully 
     admitted for permanent residence under paragraph (1) or (2), 
     the Attorney General shall record the alien's lawful 
     admission for permanent residence as of the date of the 
     Attorney General's cancellation of removal under paragraph 
     (1) or (2).''.

[[Page S12326]]

       (d) April 1 Effective Date for Aggregate Limitation.--
     Section 309(c)(7) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (Public Law 104-208; 
     division C; 110 Stat. 3009-627) is amended to read as 
     follows:
       ``(7) Limitation on suspension of deportation.--After April 
     1, 1997, the Attorney General may not suspend the deportation 
     and adjust the status under section 244 of the Immigration 
     and Nationality Act (as in effect before the title III-A 
     effective date) of any alien in any fiscal year, except in 
     accordance with section 240A(e) of such Act. The previous 
     sentence shall apply regardless of when an alien applied for 
     such suspension and adjustment.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (Public Law 104-208; 110 Stat. 3009-546).
       This division may be cited as the ``District of Columbia 
     Appropriations Act, 1998''.

DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
             AND RELATED AGENCIES APPROPRIATIONS ACT, 1998

       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 for the fiscal year ending September 30, 1998, and 
     for other purposes, to be effective as if it had been enacted 
     into law as the regular appropriations Act, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $76,199,000, of which not to exceed 
     $3,317,000 is for the Facilities Program 2000, to remain 
     available until expended: Provided, That not to exceed 43 
     permanent positions and 44 full-time equivalent workyears and 
     $7,860,000 shall be expended for the Department Leadership 
     Program 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: Provided further, 
     That the latter two aforementioned offices shall not be 
     augmented by personnel details, temporary transfers of 
     personnel on either a reimbursable or non-reimbursable basis 
     or any other type of formal or informal transfer or 
     reimbursement of personnel or funds on either a temporary or 
     long-term basis.


                         counterterrorism fund

       For necessary expenses, as determined by the Attorney 
     General, $20,000,000 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 heading shall be 
     available only after the Attorney General notifies the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in accordance with section 605 of this Act.
       In addition, for necessary expenses, as determined by the 
     Attorney General, $32,700,000, to remain available until 
     expended, to reimburse departments and agencies of the 
     Federal Government for any costs incurred in connection 
     with--
       (1) counterterrorism technology research and development;
       (2) providing training and related equipment for chemical, 
     biological, nuclear, and cyber attack prevention and response 
     capabilities to State and local law enforcement agencies; and
       (3) providing bomb training and response capabilities to 
     State and local law enforcement agencies.


                   administrative review and appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration related activities, 
     $70,007,000.


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

                    United States Parole Commission


                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized by law, $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; $444,200,000; of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended: Provided, That of the funds available in this 
     appropriation, not to exceed $17,525,000 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, of the funds appropriated under this heading, such 
     funds as may be necessary for the orderly termination of the 
     Ounce of Prevention Council.
        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, $75,495,000: Provided, 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 1998, so as to result in a 
     final fiscal year 1998 appropriation from the General Fund 
     estimated at not more than $5,495,000: 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, $972,460,000; 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 $1,200,000 for the 
     design, development, and implementation of an information 
     systems strategy for D.C. Superior Court shall remain 
     available until expended: Provided further, That not to 
     exceed $2,500,000 for the operation of the National Advocacy 
     Center shall remain available until expended: Provided 
     further, That not to exceed $2,000,000 shall remain available 
     until expended for the expansion of existing Violent Crime 
     Task Forces in United States Attorneys Offices into 
     demonstration projects, including inter-governmental, inter-
     local, cooperative, and task-force agreements, however 
     denominated, and contracts with State and local prosecutorial 
     and law enforcement agencies engaged in the investigation and 
     prosecution of violent crimes, 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 8,948 positions and 9,113 full-time equivalent 
     workyears shall be supported from the funds appropriated in 
     this Act for the United States Attorneys.


       violent crime reduction programs, united states attorneys

       For activities authorized by sections 40114, 130005, 
     190001(b), 190001(d) and 250005 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (Public Law 103-322), as 
     amended, and section 815 of the Antiterrorism and Effective 
     Death Penalty Act of 1996 (Public Law 104-132), $62,828,000, 
     to remain available until expended, which shall be derived 
     from the Violent Crime Reduction Trust Fund.


                   United States Trustee System Fund

       For necessary expenses of the United States Trustee 
     Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to 
     remain available until expended and to be derived from the 
     United States Trustee System Fund: Provided, That, 
     notwithstanding any other provision of law, deposits to the 
     Fund shall be available in such amounts as may be necessary 
     to pay refunds

[[Page S12327]]

     due depositors: Provided further, That, notwithstanding any 
     other provision of law, $114,248,000 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 
     $114,248,000 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, $467,833,000, 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.


    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 and, in addition, up to $2,000,000 of funds made 
     available to the Department of Justice in this Act may be 
     transferred by the Attorney General to this account: 
     Provided, That notwithstanding any other provision of law, 
     upon a determination by the Attorney General that emergent 
     circumstances require additional funding for conflict 
     prevention and resolution activities of the Community 
     Relations Service, the Attorney General may transfer such 
     amounts to the Community Relations Service, from available 
     appropriations for the current fiscal year for the Department 
     of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.


                         Assets Forfeiture Fund

        For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), 
     (B), (F), and (G), as amended, $23,000,000, to be derived 
     from the Department of Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation


                        administrative expenses

       For necessary administrative expenses in accordance with 
     the Radiation Exposure Compensation Act, $2,000,000.


         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, of which $50,000,000 shall 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, $2,750,921,000; 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 $221,050,000 shall be for counterterrorism 
     investigations, foreign counterintelligence, and other 
     activities related to our national security; of which not to 
     exceed $98,400,000 shall remain available until expended; of 
     which not to exceed $10,000,000 is authorized to be made 
     available for making advances for expenses arising out of 
     contractual or reimbursable agreements with State and local 
     law enforcement agencies while engaged in cooperative 
     activities related to violent crime, terrorism, organized 
     crime, and drug investigations; and of which $1,500,000 shall 
     be available to maintain an independent program office 
     dedicated solely to the relocation of the Criminal Justice 
     Information Services Division and the automation of 
     fingerprint identification services: Provided, That not to 
     exceed $45,000 shall be available for official reception and 
     representation expenses: Provided further, That no funds in 
     this Act may be used to provide ballistics imaging equipment 
     to any State or local authority which has obtained similar 
     equipment through a Federal grant or subsidy unless the State 
     or local authority agrees to return that equipment or to 
     repay that grant or subsidy to the Federal Government.


                    violent crime reduction programs

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322) as amended 
     (``the 1994 Act''), and the Antiterrorism and Effective Death 
     Penalty Act of 1996 (``the Antiterrorism Act''), 
     $179,121,000, to remain available until expended, which shall 
     be derived from the Violent Crime Reduction Trust Fund; of 
     which $102,127,000 shall be for activities authorized by 
     section 190001(c) of the 1994 Act and section 811 of the 
     Antiterrorism Act; $57,994,000 shall be for activities 
     authorized by section 190001(b) of the 1994 Act; $4,000,000 
     shall be for training and investigative assistance authorized 
     by section 210501 of the 1994 Act; $9,500,000 shall be for 
     grants to States, as authorized by section 811(b) of the 
     Antiterrorism Act; and $5,500,000 shall be for establishing 
     DNA quality-assurance and proficiency-testing standards, 
     establishing an index to facilitate law enforcement exchange 
     of DNA identification information, and related activities 
     authorized by section 210501 of the 1994 Act.


                              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; $44,506,000, 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; $723,841,000, 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

[[Page S12328]]

     available for official reception and representation expenses.


                    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), $403,537,000, 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; $8,000,000, to remain 
     available until expended.

                 Immigration and Naturalization Service


                         Salaries and Expenses

       For expenses, not otherwise provided for, necessary for the 
     administration and enforcement of the laws relating to 
     immigration, naturalization, and alien registration, 
     including not to exceed $50,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General; purchase for police 
     type use (not to exceed 2,904, of which 1,711 are for 
     replacement only), without regard to the general purchase 
     price limitation for the current fiscal year, and hire of 
     passenger motor vehicles; acquisition, lease, maintenance and 
     operation of aircraft; research related to immigration 
     enforcement; and for the care and housing of Federal 
     detainees held in the joint Immigration and Naturalization 
     Service and United States Marshals Service's Buffalo 
     Detention Facility; $1,658,886,000 of which not to exceed 
     $400,000 for research shall remain available until expended; 
     of which not to exceed $10,000,000 shall be available for 
     costs associated with the training program for basic officer 
     training, and $5,000,000 is for payments or advances arising 
     out of contractual or reimbursable agreements with State and 
     local law enforcement agencies while engaged in cooperative 
     activities related to immigration; and of which not to exceed 
     $5,000,000 is to fund or reimburse other Federal agencies for 
     the costs associated with the care, maintenance, and 
     repatriation of smuggled illegal aliens: Provided, That none 
     of the funds available to the Immigration and Naturalization 
     Service shall be available to pay any employee overtime pay 
     in an amount in excess of $30,000 during the calendar year 
     beginning January 1, 1998: 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 
     none of the funds provided in this or any other Act shall be 
     used for the continued operation of the San Clemente and 
     Temecula checkpoints unless the checkpoints are open and 
     traffic is being checked on a continuous 24-hour basis: 
     Provided further, That not to exceed 43 permanent positions 
     and 43 full-time equivalent workyears and $4,167,000 shall be 
     expended for the Office of Legislative Affairs and Public 
     Affairs: Provided further, That the latter two aforementioned 
     offices shall not be augmented by personnel details, 
     temporary transfers of personnel on either a reimbursable or 
     non-reimbursable basis or any other type of formal or 
     informal transfer or reimbursement of personnel or funds on 
     either a temporary or long-term basis: Provided further, That 
     beginning seven calendar days after the enactment of this Act 
     and for each fiscal year thereafter, none of the funds 
     appropriated or otherwise made available to the Immigration 
     and Naturalization Service may be used by the INS to accept, 
     for the purpose of conducting criminal background checks on 
     applications for any benefit under the Immigration and 
     Nationality Act, any FD-258 fingerprint card which has been 
     prepared by or received from any individual or entity other 
     than an office of the Immigration and Naturalization Service 
     with the following exceptions--(1) State and local law 
     enforcement agencies and (2) United States consular offices 
     at United States embassies and consulates abroad under the 
     jurisdiction of the Department of State or United States 
     military offices under the jurisdiction of the Department of 
     Defense authorized to perform fingerprinting services to 
     prepare FD-258 fingerprint cards for applicants residing 
     abroad applying for immigration benefits: Provided further, 
     That agencies may collect and retain a fee for fingerprinting 
     services: Provided further, That, during fiscal year 1998 and 
     each fiscal year thereafter, none of the funds appropriated 
     or otherwise made available to the Immigration and 
     Naturalization Service shall be used to complete adjudication 
     of an application for naturalization unless the Immigration 
     and Naturalization Service has received confirmation from the 
     Federal Bureau of Investigation that a full criminal 
     background check has been completed, except for those 
     exempted by regulation as of January 1, 1997: Provided 
     further, That the number of positions filled through non-
     career appointment at the Immigration and Naturalization 
     Service, for which funding is provided in this Act or is 
     otherwise made available to the Immigration and 
     Naturalization Service, shall not exceed four permanent 
     positions and four full-time equivalent workyears after July 
     1, 1998: Provided further, That notwithstanding any other 
     provision of law, during fiscal year 1998, the Attorney 
     General is authorized and directed to impose disciplinary 
     action, including termination of employment, pursuant to 
     policies and procedures applicable to employees of the 
     Federal Bureau of Investigation, for any employee of the 
     Immigration and Naturalization Service who violates policies 
     and procedures set forth by the Department of Justice 
     relative to the granting of citizenship or who willfully 
     deceives the Congress or Department Leadership on any matter.


                    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), $607,206,000, 
     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, $75,959,000, 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; $2,823,642,000: Provided, That the 
     Attorney General may transfer to the Health Resources and 
     Services Administration such amounts as may be necessary for 
     direct expenditures by that Administration for medical relief 
     for inmates of Federal penal and correctional institutions: 
     Provided further, That the Director of the Federal Prison 
     System (FPS), where necessary, may enter into contracts with 
     a fiscal agent/fiscal intermediary claims processor to 
     determine the amounts payable to persons who, on behalf of 
     the FPS, furnish health services to individuals committed to 
     the custody of the FPS: Provided further, That uniforms may 
     be purchased without regard to the general purchase price 
     limitation for the current fiscal year: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     not to exceed $90,000,000 for the activation of new 
     facilities shall remain available until September 30, 1999: 
     Provided further, That of the amounts provided for Contract 
     Confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements, and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980, as amended, for the care and security 
     in the United States of Cuban and Haitian entrants: Provided 
     further, That notwithstanding section 4(d) of the Service 
     Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into 
     contracts and other agreements with private entities for 
     periods of not to exceed 3 years and 7 additional option 
     years for the confinement of Federal prisoners.


                    violent crime reduction programs

       For substance abuse treatment in Federal prisons as 
     authorized by section 32001(e) of the Violent Crime Control 
     and Law Enforcement Act of 1994 (Public Law 103-322), as 
     amended, $26,135,000, 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; 
     $255,133,000, 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 $3,266,000 of the funds of the corporation 
     shall be available for its administrative expenses, and for 
     services as authorized by 5 U.S.C. 3109, to be computed on an 
     accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures

[[Page S12329]]

     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, and sections 819 and 821 of 
     the Antiterrorism and Effective Death Penalty Act of 1996, 
     $173,600,000, 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.


               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, $512,500,000, 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 $46,500,000 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 $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.


   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''); $2,383,400,000, to remain available until expended, 
     which shall be derived from the Violent Crime Reduction Trust 
     Fund; of which $523,000,000 shall be for Local Law 
     Enforcement Block Grants, pursuant to H.R. 728 as passed by 
     the House of Representatives on February 14, 1995, except 
     that for purposes of this Act, the Commonwealth of Puerto 
     Rico shall be considered a ``unit of local government'' as 
     well as a ``State'', for the purposes set forth in paragraphs 
     (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 
     and for establishing crime prevention programs involving 
     cooperation between community residents and law enforcement 
     personnel in order to control, detect, or investigate crime 
     or the prosecution of criminals: Provided, That no funds 
     provided under this heading may be used as matching funds for 
     any other Federal grant program: Provided further, That 
     $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 $34,500,000 
     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 $420,000,000 
     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 $720,500,000 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 $165,000,000 shall be available for 
     payments to States for incarceration of criminal aliens, and 
     of which $25,000,000 shall be available for the Cooperative 
     Agreement Program: Provided further, That funds made 
     available for Violent Offender Incarceration and Truth in 
     Sentencing Incentive Grants to the State of California may, 
     at the discretion of the recipient, be used for payments for 
     the incarceration of criminal aliens; 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 $172,000,000 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, including 
     $12,000,000 which shall be used exclusively for the purpose 
     of strengthening civil and criminal legal assistance programs 
     for victims of domestic violence: Provided further, That, of 
     these funds, $7,000,000 shall be provided to the National 
     Institute of Justice for research and evaluation of violence 
     against women and $853,000 shall be provided to the Office of 
     the United States Attorney for the District of Columbia for 
     domestic violence programs in D.C. Superior Court; 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 
     $2,000,000 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 $63,000,000 shall be for grants for 
     residential substance abuse treatment for State prisoners, as 
     authorized by section 1001(a)(17) of the 1968 Act; of which 
     $12,500,000 shall be for grants to States and units of local 
     government for projects to improve DNA analysis, as 
     authorized by section 1001(a)(22) of the 1968 Act; of which 
     $900,000 shall be for the Missing Alzheimer's Disease Patient 
     Alert Program, as authorized by section 240001(c) of the 1994 
     Act; of which $750,000 shall be for Motor Vehicle Theft 
     Prevention Programs, as authorized by section 220002(h) of 
     the 1994 Act; of which $30,000,000 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; of which 
     $2,500,000 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 and for drug 
     testing initiatives: Provided further, That if a unit of 
     local government uses any of the funds made available under 
     this title to increase the number of law enforcement 
     officers, the unit of local government will achieve a net 
     gain in the number of law enforcement officers who perform 
     nonadministrative public safety service.


                         juvenile block grants

                    violent crime reduction programs

       For activities of the Juvenile Justice Block Grant Program, 
     $230,000,000, 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.


                       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, 
     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.

                    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.

                  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 186 permanent positions and 
     186 full-time equivalent workyears and $20,553,000 shall be 
     expended for program management and administration: Provided 
     further, That of the unobligated balances available in this 
     program, $103,000,000 shall be used for innovative community 
     policing programs, of which $38,000,000 shall be used for a 
     law enforcement technology program of which $10,000,000 is 
     for the North Carolina Criminal Justice Information Network, 
     $1,000,000 shall be used for police recruitment programs 
     authorized under subtitle H of title III of the 1994 Act, 
     $34,000,000 shall be used for policing initiatives to combat 
     methamphetamine production and trafficking, $12,500,000 shall 
     be used for the Community Policing to Combat Domestic 
     Violence Program pursuant to section 1701(d) of part Q of the 
     Omnibus Crime Control and Safe Streets Act of 1968, as 
     amended, $17,500,000 shall be used for other innovative 
     community policing programs, such as programs to improve the 
     safety of elementary and secondary school children,

[[Page S12330]]

     reduce crime on or near elementary and secondary school 
     grounds and policing initiatives in drug ``hot spots''.
       In addition, for programs of Police Corps education, 
     training and service as set forth in sections 200101-200113 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (Public Law 103-322), $30,000,000, 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, 
     $201,672,000, to remain available until expended, as 
     authorized by section 299 of part I of title II and section 
     506 of title V of the Act, as amended by Public Law 102-586, 
     of which (1) notwithstanding any other provision of law, 
     $5,922,000 shall be available for expenses authorized by part 
     A of title II of the Act, $96,500,000 shall be available for 
     expenses authorized by part B of title II of the Act, and 
     $45,250,000 shall be available for expenses authorized by 
     part C of title II of the Act: Provided, That $26,500,000 of 
     the amounts provided for part B of title II of the Act, as 
     amended, is for the purpose of providing additional formula 
     grants under part B to States that provide assurances to the 
     Administrator that the State has in effect (or will have in 
     effect no later than one year after date of application) 
     policies and programs, that ensure that juveniles are subject 
     to accountability-based sanctions for every act for which 
     they are adjudicated delinquent; (2) $12,000,000 shall be 
     available for expenses authorized by section 281 and 282 of 
     part D of title II of the Act for prevention and treatment 
     programs relating to juvenile gangs; (3) $10,000,000 shall be 
     available for expenses authorized by section 285 of part E of 
     title II of the Act; (4) $12,000,000 shall be available for 
     expenses authorized by part G of title II of the Act for 
     juvenile mentoring programs; and (5) $20,000,000 shall be 
     available for expenses authorized by title V of the Act for 
     incentive grants for local delinquency prevention programs: 
     Provided further, That upon the enactment of reauthorization 
     legislation for Juvenile Justice Programs under the Juvenile 
     Justice and Delinquency Prevention Act of 1974, as amended, 
     funding provisions in this Act shall from that date be 
     subject to the provisions of that legislation and any 
     provisions in this Act that are inconsistent with that 
     legislation shall no longer have effect.
       In addition, for grants, contracts, cooperative agreements, 
     and other assistance, $5,000,000 to remain available until 
     expended, for developing, testing, and demonstrating programs 
     designed to reduce drug use among juveniles.
       In addition, $25,000,000 shall be available for grants of 
     $360,000 to each state and $6,640,000 shall be available for 
     discretionary grants to states, for programs and activities 
     to enforce state laws prohibiting the sale of alcoholic 
     beverages to minors or the purchase or consumption of 
     alcoholic beverages by minors, prevention and reduction of 
     consumption of alcoholic beverages by minors, and for 
     technical assistance and training.
       In addition, for grants, contracts, cooperative agreement, 
     and other assistance authorized by the Victims of Child Abuse 
     Act of 1990, as amended, $7,000,000, to remain available 
     until expended, as authorized by sections 214B of the Act.


                    Public Safety Officers Benefits

       To remain available until expended, for payments authorized 
     by part L of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums 
     as are necessary, as authorized by section 6093 of Public Law 
     100-690 (102 Stat. 4339-4340); 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 ``1996'' and inserting ``1997 
     and thereafter''.
       Sec. 109. (a) Section 1402(d) of the Victims of Crime Act 
     of 1984, (42 U.S.C. 10601(d)), is amended--
       (1) by striking paragraph (1); and
       (2) in paragraph (2), by striking ``the next'' and 
     inserting ``The first''.
       (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. 110. The Immigration and Nationality Act of 1952, as 
     amended, is further amended--
       (a) by striking entirely section 286(s);
       (b) in section 286(r) by--
       (1) adding ``, and amount described in section 
     245(i)(3)(b)'' after ``recovered by the Department of 
     Justice'' in subsection (2);
       (2) replacing ``Immigration and Naturalization Service'' 
     with ``Attorney General'' in subsection (3); and
       (3) striking subsection (4), and replacing it with, ``The 
     amounts required to be refunded from the Fund for fiscal year 
     1998 and thereafter shall be refunded in accordance with 
     estimates made in the budget request of the President for 
     those fiscal years. Any proposed changes in the amounts 
     designated in such budget requests shall only be made after 
     Congressional reprogramming notification in accordance with 
     the reprogramming guidelines for the applicable fiscal 
     year.''; and
       (c) in section 245(i)(3)(B), by replacing ``Immigration 
     Detention Account established under section 286(s)'' with 
     ``Breached Bond/Detention Fund established under section 
     286(r)''.
       Sec. 111. (a) Limitation on Eligibility Under Section 
     245(i).--Section 245(i)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1255(i)(1)) is amended by striking ``(i)(1)'' 
     through ``The Attorney General'' and inserting the following:
       ``(i)(1) Notwithstanding the provisions of subsections (a) 
     and (c) of this section, an alien physically present in the 
     United States--
       ``(A) who--
       ``(i) entered the United States without inspection; or
       ``(ii) is within one of the classes enumerated in 
     subsection (c) of this section; and
       ``(B) who is the beneficiary of a petition for 
     classification under section 204 that was filed with the 
     Attorney General or the Department of Labor for labor 
     certification pursuant to section 212(a)(5)(i) on or before 
     the date of the enactment of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998;
     may apply to the Attorney General for the adjustment of his 
     or her status to that of an alien lawfully admitted for 
     permanent residence. The Attorney General''.
       (b) Repeal of Sunset for Section 245(i).--Section 506(c) of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1995 
     (Public Law 103-317; 108 Stat. 1766) is amended to read as 
     follows:
       ``(c) The amendment made by subsection (a) shall take 
     effect on October 1, 1994, and shall cease to have effect on 
     October 1, 1997. The amendment made by subsection (b) shall 
     take effect on October 1, 1994.''.
       (c) Inapplicability of Section 245(c)(2) for Certain 
     Employment-Based Immigrants.--Section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) is amended--
       (1) in subsection (c)(2), by inserting ``subject to 
     subsection (k),'' after ``(2)''; and
       (2) by adding at the end the following:
       ``(k) An alien is eligible to receive an immigrant visa 
     under paragraph (1), (2), or (3) of section 203(b) or, in the 
     case of an alien who is an immigrant described in section 
     101(a)(27)(C), under section 203(b)(4) pursuant to subsection 
     (a) and notwithstanding subsection (c)(2), if--
       ``(1) the alien, on the date of filing an application for 
     adjustment of status, is present in the United States 
     pursuant to a lawful admission;
       ``(2) the alien, subsequent to such lawful admission has 
     not, for an aggregate period exceeding 180 days--
       ``(A) failed to maintain, continuously, a lawful status;
       ``(B) engaged in unauthorized employment; or
       ``(C) otherwise violated the terms and conditions of the 
     alien's admission.''.
       Sec. 112. (a) Short Title.--This section may be cited as 
     the ``Philippine Army, Scouts, and

[[Page S12331]]

     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
       ``(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. 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 who is present in the United States--
       ``(i) who has been declared dependent on a juvenile court 
     located in the United States or whom such a 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 due to abuse, neglect, 
     or abandonment;
       ``(ii) 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; 
     and
       ``(iii) in whose case the Attorney General expressly 
     consents to the dependency order serving as a precondition to 
     the grant of special immigrant juvenile status;
     Except that--

       ``(I) no juvenile court has jurisdiction to determine the 
     custody status or placement of an alien in the actual or 
     constructive custody of the Attorney General unless the 
     Attorney General specifically consents to such jurisdiction; 
     and
       ``(II) 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; 
     or''.

       Sec. 114. 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. 115. (a) Standards for Sex Offender Registration 
     Programs.--
       (1) In general.--Section 170101(a) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) 
     is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``with a designated 
     State law enforcement agency''; and
       (ii) in subparagraph (B), by striking ``with a designated 
     State law enforcement agency'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Determination of sexually violent predator status; 
     waiver; alternative measures.--
       ``(A) In general.--A determination of whether a person is a 
     sexually violent predator for purposes of this section shall 
     be made by a court after considering the recommendation of a 
     board composed of experts in the behavior and treatment of 
     sex offenders, victims' rights advocates, and representatives 
     of law enforcement agencies.
       ``(B) Waiver.--The Attorney General may waive the 
     requirements of subparagraph (A) if the Attorney General 
     determines that the State has established alternative 
     procedures or legal standards for designating a person as a 
     sexually violent predator.
       ``(C) Alternative measures.--The Attorney General may also 
     approve alternative measures of comparable or greater 
     effectiveness in protecting the public from unusually 
     dangerous or recidivistic sexual offenders in lieu of the 
     specific measures set forth in this section regarding 
     sexually violent predators.'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``that consists of--'' 
     and inserting ``in a range of offenses specified by State law 
     which is comparable to or which exceeds the following range 
     of offenses:'';
       (ii) in subparagraph (B), by striking ``that consists of'' 
     and inserting ``in a range of offenses specified by State law 
     which is comparable to or which exceeds the range of offenses 
     encompassed by''; and
       (D) by adding at the end the following:
       ``(F) The term `employed, 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.
       ``(G) The term `student' means a person who is enrolled on 
     a full-time or part-time basis, in any public or private 
     educational institution, including any secondary school, 
     trade, or professional institution, or institution of higher 
     education.''.
       (2) 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--
       (A) in paragraph (1)--
       (i) by striking the paragraph designation and heading and 
     inserting the following:
       ``(1) Duties of responsible officials.--'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``or in 
     the case of probation, the court'' and inserting ``the court, 
     or another responsible officer or 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 inform the person that the person must also 
     register in a State where the person is employed, carries on 
     a vocation, or is a student''; and

       (iii) in subparagraph (B), by striking ``or the court'' and 
     inserting ``, the court, or another responsible officer or 
     official'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Transfer of information to state and fbi; 
     participation in national sex offender registry.--
       ``(A) State reporting.--State procedures shall ensure that 
     the registration information is promptly made available to a 
     law enforcement agency having jurisdiction where the person 
     expects to reside and entered into the appropriate State 
     records or data system. State procedures shall also ensure 
     that conviction data and fingerprints for persons required to 
     register are promptly transmitted to the Federal Bureau of 
     Investigation.
       ``(B) National reporting.--A State shall participate in the 
     national database established under section 170102(b) in 
     accordance with guidelines issued by the Attorney General, 
     including transmission of current address information and 
     other information on registrants to the extent provided by 
     the guidelines.'';
       (C) in paragraph (3)(A)--
       (i) in the matter preceding clause (i), by striking ``on 
     each'' and all that follows through ``applies:'' and 
     inserting the following: ``State procedures shall provide for 
     verification of address at least annually.''; and
       (ii) by striking clauses (i) through (v);
       (D) in paragraph (4), by striking ``section reported'' and 
     all that follows before the period at the end and inserting 
     the following: ``section shall be reported by the person in 
     the manner provided by State law. State procedures shall 
     ensure that the updated address information is promptly made 
     available to a law enforcement agency having jurisdiction 
     where the person will reside and entered into the appropriate 
     State records or data system'';
       (E) in paragraph (5), by striking ``shall register'' and 
     all that follows before the period at

[[Page S12332]]

     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
       (F) by adding at the end the following:
       ``(7) Registration of out-of-state offenders, federal 
     offenders, persons sentenced by courts martial, and offenders 
     crossing state borders.--As provided in guidelines issued by 
     the Attorney General, each State shall include in its 
     registration program residents who were convicted in another 
     State and shall ensure that procedures are in place to accept 
     registration information from--
       ``(A) residents who were convicted in another State, 
     convicted of a Federal offense, or sentenced by a court 
     martial; and
       ``(B) nonresident offenders who have crossed into another 
     State in order to work or attend school.''.
       (3) Registration of offender crossing state border.--
     Section 170101 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14071) is amended by 
     redesignating subsections (c) through (f) as (d) through (g), 
     respectively, and inserting after subsection (b) the 
     following:
       ``(c) Registration of Offender Crossing State Border.--Any 
     person who is required under this section to register in the 
     State in which such person resides shall also register in any 
     State in which the person is employed, carries on a vocation, 
     or is a student.''.
       (4) Release of information.--Section 170101(e)(2) of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14071(e)(2)), as redesignated by subsection (c) of 
     this section, is amended by striking ``The designated'' and 
     all that follows through ``State agency'' and inserting ``The 
     State or any agency authorized by the State''.
       (5) Immunity for good faith conduct.--Section 170101(f) of 
     the Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14071(f)), as redesignated by subsection (c) of this 
     section, is amended by striking ``, and State officials'' and 
     inserting ``and independent contractors acting at the 
     direction of such agencies, and State officials''.
       (6) FBI registration.--(A) Section 170102(a)(2) of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14072(a)(2)) is amended by striking ``and `predatory' 
     '' and inserting the following: `` `predatory', `employed, or 
     carries on a vocation', and `student' ''.
       (B) Section 170102(a)(3) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14072(a)(3)) is 
     amended--
       (i) in subparagraph (A), by inserting ``in a range of 
     offenses specified by State law which is comparable to or 
     exceeds that'' before ``described'';
       (ii) by amending subparagraph (B) to read as follows:
       ``(B) participates in the national database established 
     under subsection (b) of this section in conformity with 
     guidelines issued by the Attorney General;''; and
       (iii) by amending subparagraph (C) to read as follows:
       ``(C) provides for verification of address at least 
     annually;''.
       (C) Section 170102(i) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14072(i)) in the matter 
     preceding paragraph (1), is amended by inserting ``or 
     pursuant to section 170101(b)(7)'' after ``subsection (g)''.
       (7) Pam lychner sexual offender tracking and identification 
     act of 1996.--Section 10 of the Pam Lychner Sexual Offender 
     Tracking and Identification Act of 1996 is amended by 
     inserting at the end the following:
       ``(d) Effective Date.--States shall be allowed the time 
     specified in subsection (b) to establish minimally sufficient 
     sexual offender registration programs for purposes of the 
     amendments made by section 2. Subsections (c) and (k) of 
     section 170102 of the Violent Crime Control and Law 
     Enforcement Act of 1994, and any requirement to issue related 
     regulations, shall take effect at the conclusion of the time 
     provided under this subsection for the establishment of 
     minimally sufficient sexual offender registration 
     programs.''.
       (8) Federal offenders and military personnel.--(A) Section 
     4042 of title 18, United States Code, is amended--
       (i) in subsection (a)(5), by striking ``subsection (b)'' 
     and inserting ``subsections (b) and (c)'';
       (ii) in subsection (b), by striking paragraph (4);
       (iii) by redesignating subsection (c) as subsection (d); 
     and
       (iv) by inserting after subsection (b) the following:
       ``(c) Notice of Sex Offender Release.--(1) In the case of a 
     person described in paragraph (4) who is released from prison 
     or sentenced to probation, notice shall be provided to--
       ``(A) the chief law enforcement officer of the State and of 
     the local jurisdiction in which the person will reside; and
       ``(B) a State or local agency responsible for the receipt 
     or maintenance of sex offender registration information in 
     the State or local jurisdiction in which the person will 
     reside.
     The notice requirements under this subsection do not apply in 
     relation to a person being protected under chapter 224.
       ``(2) Notice provided under paragraph (1) shall include the 
     information described in subsection (b)(2), the place where 
     the person will reside, and the information that the person 
     shall be subject to a registration requirement as a sex 
     offender. For a person who is released from the custody of 
     the Bureau of Prisons whose expected place of residence 
     following release is known to the Bureau of Prisons, notice 
     shall be provided at least 5 days prior to release by the 
     Director of the Bureau of Prisons. For a person who is 
     sentenced to probation, notice shall be provided promptly by 
     the probation officer responsible for the supervision of the 
     person, or in a manner specified by the Director of the 
     Administrative Office of the United States Courts. Notice 
     concerning a subsequent change of residence by a person 
     described in paragraph (4) during any period of probation, 
     supervised release, or parole shall also be provided to the 
     agencies and officers specified in paragraph (1) by the 
     probation officer responsible for the supervision of the 
     person, or in a manner specified by the Director of the 
     Administrative Office of the United States Courts.
       ``(3) The Director of the Bureau of Prisons shall inform a 
     person described in paragraph (4) who is released from prison 
     that the person shall be subject to a registration 
     requirement as a sex offender in any State in which the 
     person resides, is employed, carries on a vocation, or is a 
     student (as such terms are defined for purposes of section 
     170101(a)(3) of the Violent Crime Control and Law Enforcement 
     Act of 1994), and the same information shall be provided to a 
     person described in paragraph (4) who is sentenced to 
     probation by the probation officer responsible for 
     supervision of the person or in a manner specified by the 
     Director of the Administrative Office of the United States 
     Courts.
       ``(4) A person is described in this paragraph if the person 
     was convicted of any of the following offenses (including 
     such an offense prosecuted pursuant to section 1152 or 1153):
       ``(A) An offense under section 1201 involving a minor 
     victim.
       ``(B) An offense under chapter 109A.
       ``(C) An offense under chapter 110.
       ``(D) An offense under chapter 117.
       ``(E) Any other offense designated by the Attorney General 
     as a sexual offense for purposes of this subsection.
       ``(5) The United States and its agencies, officers, and 
     employees shall be immune from liability based on good faith 
     conduct in carrying out this subsection and subsection 
     (b).''.
       (B)(i) Section 3563(a) of title 18, United States Code, is 
     amended by striking the matter at the end of paragraph (7) 
     beginning with ``The results of a drug test'' and all that 
     follows through the end of such paragraph and inserting that 
     matter at the end of section 3563.
       (ii) The matter inserted by subparagraph (A) at the end of 
     section 3563 is amended--
       (I) by striking ``The results of a drug test'' and 
     inserting the following:
       ``(e) Results of Drug Testing.--The results of a drug 
     test''; and
       (II) by striking ``paragraph (4)'' each place it appears 
     and inserting ``subsection (a)(5)''.
       (iii) Section 3563(a) of title 18, United States Code, is 
     amended--
       (I) so that paragraphs (6) and (7) appear in numerical 
     order immediately after paragraph (5);
       (II) by striking ``and'' at the end of paragraph (6);
       (III) in paragraph (7), by striking ``assessments.'' and 
     inserting ``assessments; and''; and
       (IV) by inserting immediately after paragraph (7) (as moved 
     by clause (i)) the following new paragraph:
       ``(8) for a person described in section 4042(c)(4), that 
     the person report the address where the person will reside 
     and any subsequent change of residence to the probation 
     officer responsible for supervision, and that the person 
     register in any State where the person resides, is employed, 
     carries on a vocation, or is a student (as such terms are 
     defined under section 170101(a)(3) of the Violent Crime 
     Control and Law Enforcement Act of 1994).''.
       (iv) Section 3583(d) of title 18, United States Code, is 
     amended by inserting after the second sentence the following: 
     ``The court shall order, as an explicit condition of 
     supervised release for a person described in section 
     4042(c)(4), that the person report the address where the 
     person will reside and any subsequent change of residence to 
     the probation officer responsible for supervision, and that 
     the person register in any State where the person resides, is 
     employed, carries on a vocation, or is a student (as such 
     terms are defined under section 170101(a)(3) of the Violent 
     Crime Control and Law Enforcement Act of 1994).''.
       (v) Section 4209(a) of title 18, United States Code, 
     insofar as such section remains in effect with respect to 
     certain individuals, is amended by inserting after the first 
     sentence the following: ``In every case, the Commission shall 
     impose as a condition of parole for a person described in 
     section 4042(c)(4), that the parolee report the address where 
     the parolee will reside and any subsequent change of 
     residence to the probation officer responsible for 
     supervision, and that the parolee register in any State where 
     the parolee resides, is employed, carries on a vocation, or 
     is a student (as such terms are defined under section 
     170101(a)(3) of the Violent Crime Control and Law Enforcement 
     Act of 1994).''.
       (C)(i) The Secretary of Defense shall specify categories of 
     conduct punishable under the Uniform Code of Military Justice 
     which encompass a range of conduct comparable to that 
     described in section 170101(a)(3)(A) and (B) of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     14071(a)(3)(A) and (B)), and such other conduct as the 
     Secretary deems appropriate for inclusion for purposes of 
     this subparagraph.
       (ii) In relation to persons sentenced by a court martial 
     for conduct in the categories specified under clause (i), the 
     Secretary shall prescribe procedures and implement a system 
     to--
       (I) provide notice concerning the release from confinement 
     or sentencing of such persons;
       (II) inform such persons concerning registration 
     obligations; and
       (III) track and ensure compliance with registration 
     requirements by such persons during

[[Page S12333]]

     any period of parole, probation, or other conditional release 
     or supervision related to the offense.
       (iii) The procedures and requirements established by the 
     Secretary under this subparagraph shall, to the maximum 
     extent practicable, be consistent with those specified for 
     Federal offenders under the amendments made by subparagraphs 
     (A) and (B).
       (iv) If a person within the scope of this subparagraph is 
     confined in a facility under the control of the Bureau of 
     Prisons at the time of release, the Bureau of Prisons shall 
     provide notice of release and inform the person concerning 
     registration obligations under the procedures specified in 
     section 4042(c) of title 18, United States Code.
       (9) Protected witness registration.--Section 3521(b)(1) of 
     title 18, United States Code, is amended--
       (A) by striking ``and'' at the end of subparagraph (G);
       (B) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (C) by inserting after subparagraph (G) the following:
       ``(H) protect the confidentiality of the identity and 
     location of persons subject to registration requirements as 
     convicted offenders under Federal or State law, including 
     prescribing alternative procedures to those otherwise 
     provided by Federal or State law for registration and 
     tracking of such persons; and''.
       (b) Sense of Congress and Report Relating to Stalking 
     Laws.--
       (1) Sense of congress.--It is the sense of Congress that 
     each State should have in effect a law that makes it a crime 
     to stalk any individual, especially children, without 
     requiring that such individual be physically harmed or 
     abducted before a stalker is restrained or punished.
       (2) Report.--The Attorney General shall include in an 
     annual report under section 40610 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14039) 
     information concerning existing or proposed State laws and 
     penalties for stalking crimes against children.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act, except that--
       (1) subparagraphs (A), (B), and (C) of subsection (a)(8) 
     shall take effect 1 year after the date of the enactment of 
     this Act; and
       (2) States shall have 3 years from such date of enactment 
     to implement amendments made by this Act which impose new 
     requirements under the Jacob Wetterling Crimes Against 
     Children and Sexually Violent Offender Registration Act, and 
     the Attorney General may grant an additional 2 years to a 
     State that is making good faith efforts to implement these 
     amendments.
       Sec. 116. (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. 117. For fiscal year 1998, the Attorney General shall 
     provide a magnetometer and not less than one qualified guard 
     at each unsecured 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 for the duration of time that Department of Justice 
     employees are occupants of this building, after which the 
     General Services Administration shall provide the same level 
     of security equipment and personnel at this location until 
     the date on which the new Albuquerque federal building is 
     occupied.
       Sec. 118. 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. 119. 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. 120. Section 212(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(1)) is amended--
       (1) in subparagraph (A)(ii), by inserting ``except as 
     provided in subparagraph (C),'' after ``(ii)''; and
       (2) by adding at the end the following:
       ``(C) Exception from immunization requirement for adopted 
     children 10 years of age or younger.--Clause (ii) of 
     subparagraph (A) shall not apply to a child who--
       ``(i) is 10 years of age or younger,
       ``(ii) is described in section 101(b)(1)(F), and
       ``(iii) is seeking an immigrant visa as an immediate 
     relative under section 201(b),
     if, prior to the admission of the child, an adoptive parent 
     or prospective adoptive parent of the child, who has 
     sponsored the child for admission as an immediate relative, 
     has executed an affidavit stating that the parent is aware of 
     the provisions of subparagraph (A)(ii) and will ensure that, 
     within 30 days of the child's admission, or at the earliest 
     time that is medically appropriate, the child will receive 
     the vaccinations identified in such subparagraph.''.
       Sec. 121. 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. 122. (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. 123. (a) Notwithstanding any other provision of law 
     relating to position classification or employee pay or 
     performance, during the 3-year period beginning on the date 
     of enactment of this Act, the Director of the Federal Bureau 
     of Investigation may, with the approval of the Attorney 
     General, establish a personnel management system providing 
     for the compensation and performance management of not more 
     than 3,000 non-Special Agent employees to fill critical 
     scientific, technical, engineering, intelligence analyst, 
     language translator, and medical positions in the Federal 
     Bureau of Investigation.
       (b) Except as otherwise provided by law, no employee 
     compensated under any system established under this section 
     may be paid at a rate in excess of the rate payable for a 
     position at level III of the Executive Schedule.
       (c) Total payments to employees under any system 
     established under this section shall be subject to the 
     limitation on payments to employees set forth in section 5307 
     of title 5, United States Code.
       (d) Not later than 90 days after the date of enactment of 
     this Act, the Director of the Federal Bureau of Investigation 
     shall submit to the Committees on Appropriations and the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate, the Committee on Government Reform and 
     Oversight of the House of Representatives, and the Committee 
     on Governmental Affairs of the Senate, an operating plan 
     describing the Director's intended use of the authority under 
     this section, and identifying any provisions of title 5, 
     United States Code, being waived for purposes of any 
     personnel management system to be established by the Director 
     under this section.
       (e) Any performance management system established under 
     this section shall have not less than 2 levels of performance 
     above a retention standard.
       (f) Not later than March 31, 2000, the Director of the 
     Federal Bureau of Investigation shall submit to Congress an 
     evaluation of the performance management system established 
     under this section, which shall include--
       (1) a comparison of--
       (A) the compensation, benefits, and performance management 
     provisions governing personnel of similar employment 
     classification series in other departments and agencies of 
     the Federal Government; and
       (B) the costs, consistent with standards prescribed in 
     Office of Management and Budget Circular A-76, of contracting 
     for any services provided through those departments and 
     agencies; and
       (2) if appropriate, a recommendation for legislation to 
     extend the authority under this section.
       (g) Notwithstanding any other provision of law, the 
     Secretary of the Treasury shall have the same authority 
     provided to the Office of Personnel Management under section 
     4703 of title 5, United States Code, to establish, in the 
     discretion of the Secretary, demonstration projects for a 
     period of 3 years, for not to exceed a combined total of 950 
     employees, to fill critical

[[Page S12334]]

     scientific, technical, engineering, intelligence analyst, 
     language translator, and medical positions in the Bureau of 
     Alcohol, Tobacco and Firearms, the United States Customs 
     Service, and the United States Secret Service.
       (h) The authority under this section shall terminate 3 
     years after the date of enactment of this Act.
       Sec. 124. (a) In General.--Section 3626 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B)(i), by striking ``permits'' and 
     inserting ``requires''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking ``no prisoner release 
     order shall be entered unless'' and inserting ``no court 
     shall enter a prisoner release order unless''; and
       (ii) in subparagraph (F)--

       (I) by inserting ``including a legislator'' after ``local 
     official''; and
       (II) by striking ``program'' and inserting ``prison'';

       (2) in subsection (b)(3), by striking ``current or 
     ongoing'' and inserting ``current and ongoing'';
       (3) in subsection (e)--
       (A) in paragraph (1), by adding at the end the following: 
     ``Mandamus shall lie to remedy any failure to issue a prompt 
     ruling on such a motion.'';
       (B) in paragraph (2), by striking ``Any prospective relief 
     subject to a pending motion shall be automatically stayed'' 
     and inserting ``Any motion to modify or terminate prospective 
     relief made under subsection (b) shall operate as a stay''; 
     and
       (C) by adding at the end the following:
       ``(3) Postponement of automatic stay.--The court may 
     postpone the effective date of an automatic stay specified in 
     subsection (e)(2)(A) for not more than 60 days for good 
     cause. No postponement shall be permissible because of 
     general congestion of the court's calendar.
       ``(4) Order blocking the automatic stay.--Any order 
     staying, suspending, delaying, or barring the operation of 
     the automatic stay described in paragraph (2) (other than an 
     order to postpone the effective date of the automatic stay 
     under paragraph (3)) shall be treated as an order refusing to 
     dissolve or modify an injunction and shall be appealable 
     pursuant to section 1292(a)(1) of title 28, United States 
     Code, regardless of how the order is styled or whether the 
     order is termed a preliminary or a final ruling.''.
       (b) Effective Date.--The amendments made by this Act shall 
     take effect upon the date of the enactment of this Act and 
     shall apply to pending cases.
       Sec. 125. Section 524(c)(8)(B) of title 28, United States 
     Code, is amended by deleting ``1996, and 1997,'' and 
     inserting ``and 1996,'' in place thereof.
       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, $23,450,000, 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 total 
     number of political appointees on board as of May 1, 1998, 
     shall not exceed 25 positions.

                     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, 
     $41,200,000 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; $283,066,000, to remain 
     available until expended: Provided, That of the $287,866,000 
     provided for in direct obligations (of which $283,066,000 is 
     appropriated from the General Fund, and $4,800,000 is derived 
     from unobligated balances and deobligations from prior 
     years), $58,986,000 shall be for Trade Development, 
     $17,340,000 shall be for the Market Access and Compliance, 
     $28,770,000 shall be for the Import Administration, 
     $171,070,000 shall be for the United States and Foreign 
     Commercial Service, and $11,700,000 shall be for Executive 
     Direction and Administration: Provided further, That the 
     provisions of the first sentence of section 105(f) and all of 
     section 108(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
     apply in carrying out these activities without regard to 
     section 5412 of the Omnibus Trade and Competitiveness Act of 
     1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
     contributions under the provisions of the Mutual Educational 
     and Cultural Exchange Act shall include payment for 
     assessments for services provided as part of these 
     activities.

                         Export Administration


                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; rental 
     of space abroad for periods not exceeding ten years, and 
     expenses of alteration, repair, or improvement; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     22 U.S.C. 401(b); purchase of passenger motor vehicles for 
     official use and motor vehicles for law enforcement use with 
     special requirement vehicles eligible for purchase without 
     regard to any price limitation otherwise established by law; 
     $43,900,000 to remain available until expended, of which 
     $1,900,000 shall be for inspections and other activities 
     related to national security: Provided, That the provisions 
     of the first sentence of section 105(f) and all of section 
     108(c) of the Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 
     out these activities: Provided further, That payments and 
     contributions collected and accepted for materials or 
     services provided as part of such activities may be retained 
     for use in covering the cost of such activities, and for 
     providing information to the public with respect to the 
     export administration and national security activities of the 
     Department of Commerce and other export control programs of 
     the United States and other governments.

                  Economic Development Administration


                Economic Development Assistance Programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, as 
     amended, Public Law 91-304, and such laws that were in effect 
     immediately before September 30, 1982, and for trade 
     adjustment assistance, $340,000,000: 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, 
     $21,028,000: 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, 
     $25,000,000.

                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, $47,499,000, 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.

[[Page S12335]]

                          Bureau of the Census


                         Salaries and Expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $137,278,000.


                     Periodic Censuses and Programs

       For expenses necessary to conduct the decennial census, 
     $388,074,000, to remain available until expended.
       In addition, for expenses to collect and publish statistics 
     for other periodic censuses and programs provided for by law, 
     $165,926,000, 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), $16,550,000, to remain available until expended: 
     Provided, That notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, and operations, 
     and related services and such fees shall be retained and used 
     as offsetting collections for costs of such spectrum 
     services, to remain available until expended: Provided 
     further, That hereafter, notwithstanding any other provision 
     of law, NTIA shall not authorize spectrum use or provide any 
     spectrum functions pursuant to the NTIA Organization Act, 47 
     U.S.C. Sec. Sec.  902-903, to any Federal entity without 
     reimbursement as required by NTIA for such spectrum 
     management costs, and Federal entities withholding payment of 
     such cost shall not use spectrum: Provided further, That the 
     Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of the NTIA, in furtherance of its assigned 
     functions under this paragraph, and such funds received from 
     other Government agencies shall remain available until 
     expended.


    public telecommunications facilities, planning and construction

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $21,000,000, 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, $20,000,000, 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 
     provided for by law, including defense of suits instituted 
     against the Commissioner of Patents and Trademarks, 
     $691,000,000, to remain available until expended: Provided, 
     That of this amount, $664,000,000 shall be derived from 
     offsetting collections 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 from the General Fund 
     estimated at $0: Provided further, That during fiscal year 
     1998, should the total amount of offsetting fee collections 
     be less than $664,000,000, the total amounts available to the 
     Patent and Trademark Office shall be reduced accordingly: 
     Provided further, That any fees received in excess of 
     $664,000,000 in fiscal year 1998 shall remain available until 
     expended, but shall not be available for obligation until 
     October 1, 1998: Provided further, That the remaining 
     $27,000,000 shall be derived from deposits in the Patent and 
     Trademark Office Fee Surcharge Fund as authorized by law and 
     shall remain available until expended.

                         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, $8,500,000, of which 
     not to exceed $1,600,000 shall remain available until 
     September 30, 1999.

             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 $3,800,000 shall be 
     used to fund a cooperative agreement with Texas Tech 
     University for wind research; and of which not to exceed 
     $5,000,000 of the amount above $268,000,000 shall be used to 
     fund a cooperative agreement with Montana State University 
     for a research program on green buildings; and of which not 
     to exceed $1,625,000 may be transferred to the ``Working 
     Capital Fund''.


                     industrial technology services

       For necessary expenses of the Manufacturing Extension 
     Partnership of the National Institute of Standards and 
     Technology, $113,500,000, to remain available until expended, 
     of which not to exceed $300,000 may be transferred to the 
     ``Working Capital Fund'': Provided, That notwithstanding the 
     time limitations imposed by 15 U.S.C. 278k(c) (1) and (5) on 
     the duration of Federal financial assistance that may be 
     awarded by the Secretary of Commerce to Regional Centers for 
     the transfer of Manufacturing Technology (``Centers''), such 
     Federal financial assistance for a Center may continue beyond 
     six years and may be renewed for additional periods, not to 
     exceed one year, at a rate not to exceed one-third of the 
     Center's total annual costs, subject before any such renewal 
     to a positive evaluation of the Center and to a finding by 
     the Secretary of Commerce that continuation of Federal 
     funding to the Center is in the best interest of the Regional 
     Centers for the transfer of Manufacturing Technology Program: 
     Provided further, That the Center's most recent performance 
     evaluation is positive, and the Center has submitted a 
     reapplication which has successfully passed merit review.
       In addition, for necessary expenses of the Advanced 
     Technology Program of the National Institute of Standards and 
     Technology, $192,500,000, to remain available until expended, 
     of which not to exceed $82,000,000 shall be available for the 
     award of new grants, and of which not to exceed $500,000 may 
     be transferred to the ``Working Capital Fund''.

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation of 
     existing facilities, not otherwise provided for the National 
     Institute of Standards and Technology, as authorized by 15 
     U.S.C. 278c-278e, $95,000,000, to remain available until 
     expended: Provided, That of the amounts provided under this 
     heading, $78,308,000 shall be available for obligation and 
     expenditure only after submission of a plan for the 
     expenditure of these funds, in accordance with section 605 of 
     this Act.

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft; not 
     to exceed 283 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 relocation 
     of facilities as authorized by 33 U.S.C. 883i; 
     $1,500,350,000, to remain available until expended: 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 $1,497,350,000: 
     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: Provided further, That unexpended balances in the 
     accounts ``Construction'' and ``Fleet Modernization, 
     Shipbuilding and Conversion'' shall be transferred to and 
     merged with this account, to remain available until expended 
     for the purposes for which the funds were originally 
     appropriated.


               procurement, acquisition and construction

                     (including transfers of funds)

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $489,609,000, to remain available until expended: Provided, 
     That not to exceed $116,910,000 is available for the advanced 
     weather interactive processing system, and may be available 
     for obligation and expenditure only pursuant to a 
     certification by the Secretary of Commerce that the total 
     cost to complete the acquisition and deployment of the 
     advanced weather interactive processing system and NOAA Port 
     system, including program management, operations and 
     maintenance costs through deployment will not exceed 
     $188,700,000: Provided further, That unexpended balances of

[[Page S12336]]

     amounts previously made available in the ``Operations, 
     Research, and Facilities'' account and the ``Construction'' 
     account for activities funded under this heading may be 
     transferred to and merged with this account, to remain 
     available until expended for the purposes for which the funds 
     were originally appropriated.


                      Coastal Zone Management Fund

       Of amounts collected pursuant to section 308 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
     $7,800,000, for purposes set forth in sections 308(b)(2)(A), 
     308(b)(2)(B)(v), and 315(e) of such Act.


                      fishermen's contingency fund

       For carrying out the provisions of title IV of Public Law 
     95-372, not to exceed $953,000, to be derived from receipts 
     collected pursuant to that Act, to remain available until 
     expended.


                     Foreign Fishing Observer Fund

       For expenses necessary to carry out the provisions of the 
     Atlantic Tunas Convention Act of 1975, as amended (Public Law 
     96-339), the Magnuson-Stevens Fishery Conservation and 
     Management Act of 1976, as amended (Public Law 100-627), and 
     the American Fisheries Promotion Act (Public Law 96-561), to 
     be derived from the fees imposed under the foreign fishery 
     observer program authorized by these Acts, not to exceed 
     $189,000, to remain available until expended.


                   Fisheries Finance Program Account

       For the cost of direct loans, $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 for direct loans for 
     any new fishing vessel that will increase the harvesting 
     capacity in any United States fishery.

                         General Administration


                         Salaries and Expenses

       For expenses necessary for the general administration of 
     the Department of Commerce provided for by law, including not 
     to exceed $3,000 for official entertainment, $27,490,000.


                      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.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                              (rescission)

       Of the unobligated balances available under this heading, 
     $20,000,000 are rescinded.

            United States Travel and Tourism Administration


                         salaries and expenses

                              (rescission)

       Of the unobligated balances available under this heading, 
     $3,000,000 are rescinded.

               General Provisions--Department of Commerce

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 202. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 203. None of the funds made available by this Act may 
     be used to support the hurricane reconnaissance aircraft and 
     activities that are under the control of the United States 
     Air Force or the United States Air Force Reserve.
       Sec. 204. None of the funds provided in this or any 
     previous Act, or hereinafter made available to the Department 
     of Commerce, shall be available to reimburse the Unemployment 
     Trust Fund or any other fund or account of the Treasury to 
     pay for any expenses paid before October 1, 1992, as 
     authorized by section 8501 of title 5, United States Code, 
     for services performed after April 20, 1990, by individuals 
     appointed to temporary positions within the Bureau of the 
     Census for purposes relating to the 1990 decennial census of 
     population.
       Sec. 205. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 206. (a) Should legislation be enacted to dismantle or 
     reorganize the Department of Commerce or any portion thereof, 
     the Secretary of Commerce, no later than 90 days thereafter, 
     shall submit to the Committees on Appropriations of the House 
     and the Senate a plan for transferring funds provided in this 
     Act to the appropriate successor organizations: Provided, 
     That the plan shall include a proposal for transferring or 
     rescinding funds appropriated herein for agencies or programs 
     terminated under such legislation: Provided further, That 
     such plan shall be transmitted in accordance with section 605 
     of this Act.
       (b) The Secretary of Commerce or the appropriate head of 
     any successor organization(s) may use any available funds to 
     carry out legislation dismantling or reorganizing the 
     Department of Commerce or any portion thereof to cover the 
     costs of actions relating to the abolishment, reorganization, 
     or transfer of functions and any related personnel action, 
     including voluntary separation incentives if authorized by 
     such legislation: Provided, That the authority to transfer 
     funds between appropriations accounts that may be necessary 
     to carry out this section is provided in addition to 
     authorities included under section 205 of this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 207. Any costs incurred by a Department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such Department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 208. The Secretary of Commerce 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. 209. (a) Congress finds that--
       (1) it is the constitutional duty of the Congress to ensure 
     that the decennial enumeration of the population is conducted 
     in a manner consistent with the Constitution and laws of the 
     United States;
       (2) the sole constitutional purpose of the decennial 
     enumeration of the population is the apportionment of 
     Representatives in Congress among the several States;
       (3) section 2 of the 14th article of amendment to the 
     Constitution clearly states that Representatives are to be 
     ``apportioned among the several States according to their 
     respective numbers, counting the whole number of persons in 
     each State'';
       (4) article I, section 2, clause 3 of the Constitution 
     clearly requires an ``actual Enumeration'' of the population, 
     and section 195 of title 13, United States Code, clearly 
     provides ``Except for the determination of population for 
     purposes of apportionment of Representatives in Congress 
     among the several States, the Secretary shall, if he 
     considers it feasible, authorize the use of the statistical 
     method known as `sampling' in carrying out the provisions of 
     this title.'';
       (5) the decennial enumeration of the population is one of 
     the most critical constitutional functions our Federal 
     Government performs;
       (6) it is essential that the decennial enumeration of the 
     population be as accurate as possible, consistent with the 
     Constitution and laws of the United States;
       (7) the use of statistical sampling or statistical 
     adjustment in conjunction with an actual enumeration to carry 
     out the census with respect to any segment of the population 
     poses the risk of an inaccurate, invalid, and 
     unconstitutional census;
       (8) the decennial enumeration of the population is a 
     complex and vast undertaking, and if such enumeration is 
     conducted in a manner that does not comply with the 
     requirements of the Constitution or laws of the United 
     States, it would be impracticable for the States to obtain, 
     and the courts of the United States to provide, meaningful 
     relief after such enumeration has been conducted; and
       (9) Congress is committed to providing the level of funding 
     that is required to perform the entire range of 
     constitutional census activities, with a particular emphasis 
     on accurately enumerating all individuals who have 
     historically been undercounted, and toward this end, Congress 
     expects--
       (A) aggressive and innovative promotion and outreach 
     campaigns in hard-to-count communities;
       (B) the hiring of enumerators from within those 
     communities;
       (C) continued cooperation with local government on address 
     list development; and
       (D) maximized census employment opportunities for 
     individuals seeking to make the transition from welfare to 
     work.
       (b) Any person aggrieved by the use of any statistical 
     method in violation of the Constitution or any provision of 
     law (other than this Act), in connection with the 2000 or any 
     later decennial census, to determine the population for 
     purposes of the apportionment or redistricting of members in 
     Congress, may in a civil action obtain declaratory, 
     injunctive, and any other appropriate relief against the use 
     of such method.
       (c) For purposes of this section--
       (1) the use of any statistical method as part of a dress 
     rehearsal or other simulation of a census in preparation for 
     the use of such method, in a decennial census, to determine 
     the population for purposes of the apportionment or 
     redistricting of members in Congress shall be considered the 
     use of such method in connection with that census; and
       (2) the report ordered by title VIII of Public Law 105-18 
     and the Census 2000 Operational Plan shall be deemed to 
     constitute final agency action regarding the use of 
     statistical methods in the 2000 decennial census, thus making 
     the

[[Page S12337]]

     question of their use in such census sufficiently concrete 
     and final to now be reviewable in a judicial proceeding.
       (d) For purposes of this section, an aggrieved person 
     (described in subsection (b)) includes--
       (1) any resident of a State whose congressional 
     representation or district could be changed as a result of 
     the use of a statistical method challenged in the civil 
     action;
       (2) any Representative or Senator in Congress; and
       (3) either House of Congress.
       (e)(1) Any action brought under this section shall be heard 
     and determined by a district court of three judges in 
     accordance with section 2284 of title 28, United States Code. 
     The chief judge of the United States court of appeals for 
     each circuit shall, to the extent practicable and consistent 
     with the avoidance of unnecessary delay, consolidate, for all 
     purposes, in one district court within that circuit, all 
     actions pending in that circuit under this section. Any party 
     to an action under this section shall be precluded from 
     seeking any consolidation of that action other than is 
     provided in this paragraph. In selecting the district court 
     in which to consolidate such actions, the chief judge shall 
     consider the convenience of the parties and witnesses and 
     efficient conduct of such actions. Any final order or 
     injunction of a United States district court that is issued 
     pursuant to an action brought under this section shall be 
     reviewable by appeal directly to the Supreme Court of the 
     United States. Any such appeal shall be taken by a notice of 
     appeal filed within 10 days after such order is entered; and 
     the jurisdictional statement shall be filed within 30 days 
     after such order is entered. No stay of an order issued 
     pursuant to an action brought under this section may be 
     issued by a single Justice of the Supreme Court.
       (2) It shall be the duty of a United States district court 
     hearing an action brought under this section and the Supreme 
     Court of the United States to advance on the docket and to 
     expedite to the greatest possible extent the disposition of 
     any such matter.
       (f) Any agency or entity within the executive branch having 
     authority with respect to the carrying out of a decennial 
     census may in a civil action obtain a declaratory judgment 
     respecting whether or not the use of a statistical method, in 
     connection with such census, to determine the population for 
     the purposes of the apportionment or redistricting of members 
     in Congress is forbidden by the Constitution and laws of the 
     United States.
       (g) The Speaker of the House of Representatives or the 
     Speaker's designee or designees may commence or join in a 
     civil action, for and on behalf of the House of 
     Representatives, under any applicable law, to prevent the use 
     of any statistical method, in connection with the decennial 
     census, to determine the population for purposes of the 
     apportionment or redistricting of members in Congress. It 
     shall be the duty of the Office of the General Counsel of the 
     House of Representatives to represent the House in such civil 
     action, according to the directions of the Speaker. The 
     Office of the General Counsel of the House of Representatives 
     may employ the services of outside counsel and other experts 
     for this purpose.
       (h) For purposes of this section and section 210--
       (1) the term ``statistical method'' means an activity 
     related to the design, planning, testing, or implementation 
     of the use of representative sampling, or any other 
     statistical procedure, including statistical adjustment, to 
     add or subtract counts to or from the enumeration of the 
     population as a result of statistical inference; and
       (2) the term ``census'' or ``decennial census'' means a 
     decennial enumeration of the population.
       (i) Nothing in this Act shall be construed to authorize the 
     use of any statistical method, in connection with a decennial 
     census, for the apportionment or redistricting of members in 
     Congress.
       (j) Sufficient funds appropriated under this Act or under 
     any other Act for purposes of the 2000 decennial census shall 
     be used by the Bureau of the Census to plan, test, and become 
     prepared to implement a 2000 decennial census, without using 
     statistical methods, which shall result in the percentage of 
     the total population actually enumerated being as close to 
     100 percent as possible. In both the 2000 decennial census, 
     and any dress rehearsal or other simulation made in 
     preparation for the 2000 decennial census, the number of 
     persons enumerated without using statistical methods must be 
     publicly available for all levels of census geography which 
     are being released by the Bureau of the Census for (1) all 
     data releases before January 1, 2001, (2) the data contained 
     in the 2000 decennial census Public Law 94-171 data file 
     released for use in redistricting, (3) the Summary Tabulation 
     File One (STF-1) for the 2000 decennial census, and (4) the 
     official populations of the States transmitted from the 
     Secretary of Commerce through the President to the Clerk of 
     the House used to reapportion the districts of the House 
     among the States as a result of the 2000 decennial census. 
     Simultaneously with any other release or reporting of any of 
     the information described in the preceding sentence through 
     other means, such information shall be made available to the 
     public on the Internet. These files of the Bureau of the 
     Census shall be available concurrently to the release of the 
     original files to the same recipients, on identical media, 
     and at a comparable price. They shall contain the number of 
     persons enumerated without using statistical methods and any 
     additions or subtractions thereto. These files shall be based 
     on data gathered and generated by the Bureau of the Census in 
     its official capacity.
       (k) This section shall apply in fiscal year 1998 and 
     succeeding fiscal years.
       Sec. 210. (a) There shall be established a board to be 
     known as the Census Monitoring Board (hereinafter in this 
     section referred to as the ``Board'').
       (b) The function of the Board shall be to observe and 
     monitor all aspects of the preparation and implementation of 
     the 2000 decennial census (including all dress rehearsals and 
     other simulations of a census in preparation therefor).
       (c)(1) The Board shall be composed of 8 members as follows:
       (A) 2 individuals appointed by the majority leader of the 
     Senate.
       (B) 2 individuals appointed by the Speaker of the House of 
     Representatives.
       (C) 4 individuals appointed by the President, of whom--
       (i) 1 shall be on the recommendation of the minority leader 
     of the Senate; and
       (ii) 1 shall be on the recommendation of the minority 
     leader of the House of Representatives.
     All members of the Board shall be appointed within 60 days 
     after the date of enactment of this Act. A vacancy in the 
     Board shall be filled in the manner in which the original 
     appointment was made.
       (2) Members shall not be entitled to any pay by reason of 
     their service on the Board, but shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (3) The Board shall have--
       (A) a co-chairman who shall be appointed jointly by the 
     members under subsection (c)(1)(A) and (B), and
       (B) a co-chairman who shall be appointed jointly by the 
     members under subsection (c)(1)(C).
       (4) The Board shall meet at the call of either co-chairman.
       (5) A quorum shall consist of 5 members of the Board.
       (6) The Board may promulgate any regulations necessary to 
     carry out its duties.
       (d)(1) The Board shall have--
       (A) an executive director who shall be appointed jointly by 
     the members under subsection (c)(1)(A) and (B), and
       (B) an executive director who shall be appointed jointly by 
     the members under subsection (c)(1)(C),
     each of whom shall be paid at a rate not to exceed level IV 
     of the Executive Schedule.
       (2) Subject to such rules as the Board may prescribe, each 
     executive director--
       (A) may appoint and fix the pay of such additional 
     personnel as that executive director considers appropriate; 
     and
       (B) may procure temporary and intermittent services under 
     section 3109(b) of title 5, United States Code, but at rates 
     for individuals not to exceed the daily equivalent of the 
     maximum annual rate of pay payable for grade GS-15 of the 
     General Schedule.
     Such rules shall include provisions to ensure an equitable 
     division or sharing of resources, as appropriate, between the 
     respective staff of the Board.
       (3) The staff of the Board shall be appointed without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and shall 
     be paid without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of such title (relating to 
     classification and General Schedule pay rates).
       (4) The Administrator of the General Services 
     Administration, in coordination with the Secretary of 
     Commerce, shall locate suitable office space for the 
     operation of the Board in the W. Edwards Deming Building in 
     Suitland, Maryland. The facilities shall serve as the 
     headquarters of the Board and shall include all necessary 
     equipment and incidentals required for the proper functioning 
     of the Board.
       (e)(1) For the purpose of carrying out its duties, the 
     Board may hold such hearings (at the call of either co-
     chairman) and undertake such other activities as the Board 
     determines to be necessary to carry out its duties.
       (2) The Board may authorize any member of the Board or of 
     its staff to take any action which the Board is authorized to 
     take by this subsection.
       (3)(A) Each co-chairman of the Board and any members of the 
     staff who may be designated by the Board under this paragraph 
     shall be granted access to any data, files, information, or 
     other matters maintained by the Bureau of the Census (or 
     received by it in the course of conducting a decennial census 
     of population) which they may request, subject to such 
     regulations as the Board may prescribe in consultation with 
     the Secretary of Commerce.
       (B) The Board or the co-chairmen acting jointly may secure 
     directly from any other Federal agency, including the White 
     House, all information that the Board considers necessary to 
     enable the Board to carry out its duties. Upon request of the 
     Board or both co-chairmen, the head of that agency (or other 
     person duly designated for purposes of this paragraph) shall 
     furnish that information to the Board.
       (4) The Board shall prescribe regulations under which any 
     member of the Board or of its staff, and any person whose 
     services are procured under subsection (d)(2)(B), who gains 
     access to any information or other matter pursuant to this 
     subsection shall, to the extent that any provisions of 
     section 9 or 214 of title 13, United States Code, would apply 
     with respect to such matter in the case of an employee of the 
     Department of Commerce, be subject to such provisions.
       (5) Upon the request of the Board, the head of any Federal 
     agency is authorized to detail, without reimbursement, any of 
     the personnel of such agency to the Board to assist the Board 
     in carrying out its duties. Any such detail shall not 
     interrupt or otherwise affect the civil service status or 
     privileges of the Federal employee.
       (6) Upon the request of the Board, the head of a Federal 
     agency shall provide such technical

[[Page S12338]]

     assistance to the Board as the Board determines to be 
     necessary to carry out its duties.
       (7) The Board may use the United States mails in the same 
     manner and under the same conditions as Federal agencies and 
     shall, for purposes of the frank, be considered a commission 
     of Congress as described in section 3215 of title 39, United 
     States Code.
       (8) Upon request of the Board, the Administrator of General 
     Services shall provide to the Board on a reimbursable basis 
     such administrative support services as the Board may 
     request.
       (9) For purposes of costs relating to printing and binding, 
     including the cost of personnel detailed from the Government 
     Printing Office, the Board shall be deemed to be a committee 
     of the Congress.
       (f)(1) The Board shall transmit to the Congress--
       (A) interim reports, with the first such report due by 
     April 1, 1998;
       (B) additional reports, the first of which shall be due by 
     February 1, 1999, the second of which shall be due by April 
     1, 1999, and subsequent reports at least semiannually 
     thereafter;
       (C) a final report which shall be due by September 1, 2001; 
     and
       (D) any other reports which the Board considers 
     appropriate.
     The final report shall contain a detailed statement of the 
     findings and conclusions of the Board with respect to the 
     matters described in subsection (b).
       (2) In addition to any matter otherwise required under this 
     subsection, each such report shall address, with respect to 
     the period covered by such report--
       (A) the degree to which efforts of the Bureau of the Census 
     to prepare to conduct the 2000 census--
       (i) shall achieve maximum possible accuracy at every level 
     of geography;
       (ii) shall be taken by means of an enumeration process 
     designed to count every individual possible; and
       (iii) shall be free from political bias and arbitrary 
     decisions; and
       (B) efforts by the Bureau of the Census intended to 
     contribute to enumeration improvement, specifically, in 
     connection with--
       (i) computer modernization and the appropriate use of 
     automation;
       (ii) address list development;
       (iii) outreach and promotion efforts at all levels designed 
     to maximize response rates, especially among groups that have 
     historically been undercounted (including measures undertaken 
     in conjunction with local government and community and other 
     groups);
       (iv) establishment and operation of field offices; and
       (v) efforts relating to the recruitment, hiring, and 
     training of enumerators.
       (3) Any data or other information obtained by the Board 
     under this section shall be made available to any committee 
     or subcommittee of Congress of appropriate jurisdiction upon 
     request of the chairman or ranking minority member of such 
     committee or subcommittee. No such committee or subcommittee, 
     or member thereof, shall disclose any information obtained 
     under this paragraph which is submitted to it on a 
     confidential basis unless the full committee determines that 
     the withholding of that information is contrary to the 
     national interest.
       (4) The Board shall study and submit to Congress, as part 
     of its first report under paragraph (1)(A), its findings and 
     recommendations as to the feasibility and desirability of 
     using postal personnel or private contractors to help carry 
     out the decennial census.
       (g) There is authorized to be appropriated $4,000,000 for 
     each of fiscal years 1998 through 2001 to carry out this 
     section.
       (h) To the extent practicable, members of the Board shall 
     work to promote the most accurate and complete census 
     possible by using their positions to publicize the need for 
     full and timely responses to census questionnaires.
       (i)(1) No individual described in paragraph (2) shall be 
     eligible--
       (A) to be appointed or to continue serving as a member of 
     the Board or as a member of the staff thereof; or
       (B) to enter into any contract with the Board.
       (2) This subsection applies with respect to any individual 
     who is serving or who has ever served--
       (A) as the Director of the Census; or
       (B) with any committee or subcommittee of either House of 
     Congress, having jurisdiction over any aspect of the 
     decennial census, as--
       (i) a Member of Congress; or
       (ii) a congressional employee.
       (j) The Board shall cease to exist on September 30, 2001.
       (k) Section 9(a) of title 13, United States Code, is 
     amended in the matter before paragraph (1) thereof by 
     striking ``of this title--'' and inserting ``of this title or 
     section 210 of the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1998--''.
       Sec. 211. (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. 212. 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, 
     and, in accordance with section 1557 of title 31, United 
     States Code, funds obligated and awarded in fiscal year 1994 
     under the heading ``Economic Development Administration-
     Economic Development Assistance Programs'' for Metropolitan 
     Dade County, Florida, and subsequently transferred to Miami-
     Dade Community College for Project No. 04-49-04021 shall be 
     exempt from subchapter IV of chapter 15 of such title and 
     shall remain available for expenditure without fiscal year 
     limitation.
       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; $29,245,000.


                    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), 
     $3,400,000, of which $485,000 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, $15,575,000.

               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, $11,449,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

                     (including transfer of funds)

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, as authorized by law, $2,682,400,000 (including the 
     purchase of firearms and ammunition); of which not to exceed 
     $13,454,000 shall remain available until expended for space 
     alteration projects; and of which not to exceed $10,000,000 
     shall remain available until expended for furniture and 
     furnishings related to new space alteration and construction 
     projects.
       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.


                    violent crime reduction programs

       For activities of the Federal Judiciary as authorized by 
     law, $40,000,000, to remain available until expended, which 
     shall be derived from the Violent Crime Reduction Trust Fund, 
     as authorized by section 190001(a) of Public Law 103-322, and 
     sections 818 and 823 of Public Law 104-132.


                           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.

[[Page S12339]]

     1875(d); $329,529,000, to remain available until expended as 
     authorized by 18 U.S.C. 3006A(i).


                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71A(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71A(h)); $64,438,000, 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); $167,214,000, of 
     which not to exceed $10,000,000 shall remain available until 
     expended for security systems, to be expended directly or 
     transferred to the United States Marshals Service which shall 
     be responsible for administering elements of the Judicial 
     Security Program consistent with standards or guidelines 
     agreed to by the Director of the Administrative Office of the 
     United States Courts and the Attorney General.

           Administrative Office of the United States Courts


                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $52,000,000, 
     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, 
     $9,240,000, 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) Commission on Structural Alternatives for the 
     Federal Courts of Appeals.--
       (1) Establishment and functions of commission.--
       (A) Establishment.--There is established a Commission on 
     Structural Alternatives for the Federal Courts of Appeals 
     (hereinafter referred to as the ``Commission'').
       (B) Functions.--The functions of the Commission shall be 
     to--
       (i) study the present division of the United States into 
     the several judicial circuits;
       (ii) study the structure and alignment of the Federal Court 
     of Appeals system, with particular reference to the Ninth 
     Circuit; and
       (iii) report to the President and the Congress its 
     recommendations for such changes in circuit boundaries or 
     structure as may be appropriate for the expeditious and 
     effective disposition of the caseload of the Federal Courts 
     of Appeals, consistent with fundamental concepts of fairness 
     and due process.
       (2) Membership.--
       (A) Composition.--The Commission shall be composed of 5 
     members who shall be appointed by the Chief Justice of the 
     United States.
       (B) Appointment.--The members of the Commission shall be 
     appointed within 30 days after the date of enactment of this 
     Act.
       (C) Vacancy.--Any vacancy in the Commission shall be filled 
     in the same manner as the original appointment.
       (D) Chair.--The Commission shall elect a Chair and Vice 
     Chair from among its members.
       (E) Quorum.--Three members of the Commission shall 
     constitute a quorum, but two may conduct hearings.
       (3) Compensation.--
       (A) In general.--Members of the Commission who are 
     officers, or full-time employees, of the United States shall 
     receive no additional compensation for their services, but 
     shall be reimbursed for travel, subsistence, and other 
     necessary expenses incurred in the performance of duties 
     vested in the Commission, but not in excess of the maximum 
     amounts authorized under section 456 of title 28, United 
     States Code.
       (B) Private members.--Members of the Commission from 
     private life shall receive $200 for each day (including 
     travel time) during which the member is engaged in the actual 
     performance of duties, but not in excess of the maximum 
     amounts authorized under section 456 of title 28, United 
     States Code.
       (4) Personnel.--
       (A) Executive director.--The Commission may appoint an 
     Executive Director who shall receive compensation at a rate 
     not exceeding the rate prescribed for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (B) Staff.--The Executive Director, with the approval of 
     the Commission, may appoint and fix the compensation of such 
     additional personnel as the Executive Director determines 
     necessary, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service or the provisions of chapter 51 and subchapter III of 
     chapter 53 of such title relating to classification and 
     General Schedule pay rates. Compensation under this paragraph 
     shall not exceed the annual maximum rate of basic pay for a 
     position above GS-15 of the General Schedule under section 
     5108 of title 5, United States Code.
       (C) Experts and consultants.--The Executive Director may 
     procure personal services of experts and consultants as 
     authorized by section 3109 of title 5, United States Code, at 
     rates not to exceed the highest level payable under the 
     General Schedule pay rates under section 5332 of title 5, 
     United States Code.
       (D) Services.--The Administrative Office of the United 
     States Courts shall provide administrative services, 
     including financial and budgeting services, to the Commission 
     on a reimbursable basis. The Federal Judicial Center shall 
     provide necessary research services to the Commission on a 
     reimbursable basis.
       (5) Information.--The Commission is authorized to request 
     from any department, agency, or independent instrumentality 
     of the Government any information and assistance the 
     Commission determines necessary to carry out its functions 
     under this section. Each such department, agency, and 
     independent instrumentality is authorized to provide such 
     information and assistance to the extent permitted by law 
     when requested by the Chair of the Commission.
       (6) Report.--The Commission shall conduct the studies 
     required in this section during the 10-month period beginning 
     on the date on which a quorum of the Commission has been 
     appointed. Not later than 2 months following the completion 
     of such 10-month period, the Commission shall submit its 
     report to the President and the Congress. The Commission 
     shall terminate 90 days after the date of the submission of 
     its report.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission such sums, not to exceed 
     $900,000, as may be necessary to carry out the purposes of 
     this section. Such sums as are appropriated shall remain 
     available until expended.
       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: Provided, That $5,000,000 is 
     available for salary adjustments pursuant to this section and 
     such funds shall be transferred to and merged with 
     appropriations in Title III of this Act.
       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.''.
       Sec. 308. 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.

[[Page S12340]]

       ``(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.
       ``(F) Effective date.--The amendment made by paragraph (4) 
     shall become effective 60 days after enactment of this Act, 
     will apply only to cases filed on or after the effective 
     date, and shall be in effect for no longer than twenty-four 
     months after the effective date.''.
       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; $1,705,600,000: 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 
     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 years 1998 and 1999 under the 
     authority of section 140(a)(1) of that Act: Provided further, 
     That all fees collected under the preceding proviso shall be 
     deposited in fiscal years 1998 and 1999 as an offsetting 
     collection to appropriations made under this heading to 
     recover the costs as set forth under section 140(a)(2) of 
     that Act and shall remain available until expended.
       In addition to funds otherwise available, of the funds 
     provided under this heading, $24,856,000 shall be available 
     only for the Diplomatic Telecommunications Service for 
     operation of existing base services and $17,312,000 shall be 
     available only for the enhancement of the Diplomatic 
     Telecommunications Service and shall remain available until 
     expended.
       In addition, not to exceed $700,000 in registration fees 
     collected pursuant to section 38 of the Arms Export Control 
     Act, as amended, may be used in accordance with section 45 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2717); in addition not to exceed $1,252,000 shall be derived 
     from fees collected from other executive agencies for lease 
     or use of facilities located at the International Center in 
     accordance with section 4 of the International Center Act 
     (Public Law 90-553), as amended, and in addition, as 
     authorized by section 5 of such Act $490,000, to be derived 
     from the reserve authorized by that section, to be used for 
     the purposes set out in that section; and in addition not to 
     exceed $15,000 which shall be derived from reimbursements, 
     surcharges, and fees for use of Blair House facilities in 
     accordance with section 46 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2718(a)).
       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.
       In addition, for counterterrorism requirements overseas, 
     including security guards and equipment, $23,700,000, to 
     remain available until expended.


                         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, 
     $86,000,000, 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), $4,200,000.


              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), 
     preserving, maintaining, repairing, and planning for, 
     buildings that are owned or directly leased by the Department 
     of State, 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), $404,000,000, 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)): 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, $14,000,000.


     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, $955,515,000, of which not to 
     exceed $54,000,000 shall remain available until expended for 
     payment of arrearages: Provided, That none of the funds 
     appropriated or otherwise made available by this Act for 
     payment of arrearages may be obligated or expended unless 
     such obligation or expenditure is expressly authorized by the 
     enactment of a subsequent Act that makes payment of 
     arrearages contingent upon reforms that should include the 
     following: a reduction in the United States assessed share of 
     the United Nations regular budget to 20 percent and of 
     peacekeeping operations to 25 percent; reimbursement for 
     goods and services provided by the United States to the 
     United Nations; certification that the United Nations and its 
     specialized or affiliated agencies have not taken any action 
     to infringe on the sovereignty of the United States; a 
     ceiling on United States contributions to international 
     organizations after fiscal year 1998 of $900,000,000; 
     establishment of a merit-based personnel system at the United 
     Nations that includes a code of conduct

[[Page S12341]]

     and a personnel evaluation system; United States membership 
     on the Advisory Committee on Administrative and Budgetary 
     Questions that oversees the United Nations budget; access to 
     United Nations financial data by the General Accounting 
     Office; and achievement of a negative growth budget and the 
     establishment of independent inspectors general for 
     affiliated organizations; and improved consultation 
     procedures with the Congress: Provided further, That any 
     payment of arrearages shall be directed toward special 
     activities that are mutually agreed upon by the United States 
     and the respective international organization: Provided 
     further, That 20 percent of the funds appropriated in this 
     paragraph for the assessed contribution of the United States 
     to the United Nations shall be withheld from obligation and 
     expenditure until a certification is made under section 
     401(b) of Public Law 103-236 and under such other 
     requirements related to the Office of Internal Oversight 
     Services of the United Nations as may be enacted into law for 
     fiscal year 1998: Provided further, That certification under 
     section 401(b) of Public Law 103-236 for fiscal year 1998 may 
     only be made if the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives 
     are notified of the steps taken, and anticipated, to meet the 
     requirements of section 401(b) of Public Law 103-236 at least 
     15 days in advance of the proposed certification: Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for a United States contribution 
     to an international organization for the United States share 
     of interest costs made known to the United States Government 
     by such organization for loans incurred on or after October 
     1, 1984, through external borrowings: Provided further, That 
     of the funds appropriated in this paragraph, $100,000,000 may 
     be made available only on a semi-annual basis pursuant to a 
     certification by the Secretary of State on a semi-annual 
     basis, that the United Nations has taken no action during the 
     preceding six months to increase funding for any United 
     Nations program without identifying an offsetting decrease 
     during that six-month period elsewhere in the United Nations 
     budget and cause the United Nations to exceed the expected 
     reform budget for the biennium 1998-1999 of $2,533,000,000: 
     Provided further, That not to exceed $12,000,000 shall be 
     transferred from funds made available under this heading to 
     the ``International Conferences and Contingencies'' account 
     for U.S. contributions to the Comprehensive Nuclear Test Ban 
     Treaty Preparatory Commission, provided that such transferred 
     funds are obligated or expended only for Commission meetings 
     and sessions, provisional technical secretariat salaries and 
     expenses, other Commission administrative and training 
     activities, including purchase of training equipment, and 
     upgrades to existing internationally-based monitoring systems 
     involved in cooperative data sharing agreements with the 
     United States as of date of enactment of this Act, until the 
     U.S. Senate ratifies the Comprehensive Nuclear Test Ban 
     Treaty.


        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 $256,000,000, 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 payment of 
     arrearages may be obligated or expended unless such 
     obligation or expenditure is expressly authorized by the 
     enactment of a subsequent Act described in the first proviso 
     under the heading ``Contributions to International 
     Organizations'' in this title: Provided further, That none of 
     the funds made available under this Act shall be obligated or 
     expended for any new or expanded United Nations peacekeeping 
     mission unless, at least fifteen days in advance of voting 
     for the new or expanded mission in the United Nations 
     Security Council (or in an emergency, as far in advance as is 
     practicable), (1) the Committees on Appropriations of the 
     House of Representatives and the Senate and other appropriate 
     Committees of the Congress are notified of the estimated cost 
     and length of the mission, the vital national interest that 
     will be served, and the planned exit strategy; and (2) a 
     reprogramming of funds pursuant to section 605 of this Act is 
     submitted, and the procedures therein followed, setting forth 
     the source of funds that will be used to pay for the cost of 
     the new or expanded mission: Provided further, That funds 
     shall be available for peacekeeping expenses only upon a 
     certification by the Secretary of State to the appropriate 
     committees of the Congress that American manufacturers and 
     suppliers are being given opportunities to provide equipment, 
     services, and material for United Nations peacekeeping 
     activities equal to those being given to foreign 
     manufacturers and suppliers.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:


 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:

                         salaries and expenses

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


                              construction

       For detailed plan preparation and construction of 
     authorized projects, $6,463,000, to remain available until 
     expended, as authorized by section 24(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).


              american sections, international commissions

       For necessary expenses, not otherwise provided for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and for the Border Environment Cooperation 
     Commission as authorized by Public Law 103-182; $5,490,000, 
     of which not to exceed $9,000 shall be available for 
     representation expenses incurred by the International Joint 
     Commission.


                  international fisheries commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $14,549,000: Provided, That the United States' share of 
     such expenses may be advanced to the respective commissions, 
     pursuant to 31 U.S.C. 3324.

                                 Other


                     payment to the asia foundation

       For a grant to the Asia Foundation, as authorized by 
     section 501 of Public Law 101-246, $8,000,000, 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, 
     $41,500,000, 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.).

                  Arms Control and Disarmament Agency


                arms control and disarmament activities

                              (Rescission)

       Of the unexpended balances previously appropriated under 
     this heading, $700,000 are rescinded.

                    United States Information Agency


                   international information programs

       For expenses, not otherwise provided for, necessary to 
     enable the United States Information Agency, as authorized by 
     the Mutual Educational and Cultural Exchange Act of 1961, as 
     amended (22 U.S.C. 2451 et seq.), the United States 
     Information and Educational Exchange Act of 1948, as amended 
     (22 U.S.C. 1431 et seq.), and Reorganization Plan No. 2 of 
     1977 (91 Stat. 1636), to carry out international 
     communication, educational and cultural activities; and to 
     carry out related activities authorized by law, including 
     employment, without regard to civil service and 
     classification laws, of persons on a temporary basis (not to 
     exceed $700,000 of this appropriation), as authorized by 
     section 801 of such Act of 1948 (22 U.S.C. 1471), and 
     entertainment, including official receptions, within the 
     United States, not to exceed $25,000 as authorized by section 
     804(3) of such Act of 1948 (22 U.S.C. 1474(3)); $427,097,000: 
     Provided, That not to exceed $1,400,000 may be used for 
     representation abroad as authorized by section 302 of such 
     Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign 
     Service Act of 1980 (22 U.S.C. 4085): Provided further, That 
     not to exceed $6,000,000, to remain available until expended, 
     may be credited to this appropriation from fees or other 
     payments received from or in connection with English 
     teaching, library, motion pictures, and publication programs 
     as authorized by section 810 of such Act of 1948 (22 U.S.C. 
     1475e) and, notwithstanding any other law, fees from 
     educational advising and counseling, and exchange visitor 
     program services: Provided further, That not to exceed 
     $920,000 to remain available until expended may be used to 
     carry out projects involving security construction and 
     related improvements for agency facilities not physically 
     located together with Department of State facilities abroad.


                            technology fund

       For expenses necessary to enable the United States 
     Information Agency to provide for the procurement of 
     information technology improvements, as authorized by the 
     United States Information and Educational Exchange Act of 
     1948, as amended (22 U.S.C. 1431 et seq.), the Mutual 
     Educational and Cultural Exchange Act of 1961, as amended (22 
     U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 
     (91 Stat. 1636), $5,050,000, to remain available until 
     expended.


               educational and cultural exchange programs

       For expenses of educational and cultural exchange programs, 
     as authorized by the Mutual Educational and Cultural Exchange 
     Act of 1961, as amended (22 U.S.C. 2451 et seq.), and 
     Reorganization Plan No. 2 of 1977 (91 Stat. 1636), 
     $197,731,000, to remain available until expended as 
     authorized by section 105 of such Act of 1961 (22 U.S.C. 
     2455): Provided, That not to exceed $800,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching and publication programs as 
     authorized by section 810 of the United States Information 
     and Educational Exchange Act of 1948 (22 U.S.C. 1475e) and, 
     notwithstanding any other provision of law, fees from 
     educational advising and counseling.


           eisenhower exchange fellowship program trust fund

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-

[[Page S12342]]

     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, $364,415,000, of 
     which $12,100,000 shall remain available until expended, not 
     to exceed $16,000 may be used for official receptions within 
     the United States as authorized by section 804(3) of such Act 
     of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be 
     used for representation abroad as authorized by section 302 
     of such Act of 1948 (22 U.S.C. 1452) and section 905 of the 
     Foreign Service Act of 1980 (22 U.S.C. 4085), and not to 
     exceed $39,000 may be used for official reception and 
     representation expenses of Radio Free Europe/Radio Liberty; 
     and in addition, notwithstanding any other provision of law, 
     not to exceed $2,000,000 in receipts from advertising and 
     revenue from business ventures, not to exceed $500,000 in 
     receipts from cooperating international organizations, and 
     not to exceed $1,000,000 in receipts from privatization 
     efforts of the Voice of America and the International 
     Broadcasting Bureau, 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.


                          broadcasting to cuba

       For expenses necessary to enable the United States 
     Information Agency to carry out the Radio Broadcasting to 
     Cuba Act, as amended, the Television Broadcasting to Cuba 
     Act, and the International Broadcasting Act of 1994, 
     including the purchase, rent, construction, and improvement 
     of facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and 
     reception, $22,095,000, to remain available until expended.


                           radio construction

       For the purchase, rent, construction, and improvement of 
     facilities for radio transmission and reception, and purchase 
     and installation of necessary equipment for radio and 
     television transmission and reception as authorized by 
     section 801 of the United States Information and Educational 
     Exchange Act of 1948 (22 U.S.C. 1471), $40,000,000, to remain 
     available until expended, as authorized by section 704(a) of 
     such Act of 1948 (22 U.S.C. 1477b(a)).


                            east-west center

       To enable the Director of the United States Information 
     Agency to provide for carrying out the provisions of the 
     Center for Cultural and Technical Interchange Between East 
     and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the 
     Center for Cultural and Technical Interchange Between East 
     and West in the State of Hawaii, $12,000,000: Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.


                           north/south center

       To enable the Director of the United States Information 
     Agency to provide for carrying out the provisions of the 
     North/South Center Act of 1991 (22 U.S.C. 2075), by grant to 
     an educational institution in Florida known as the North/
     South Center, $1,500,000, to remain available until expended.


                    national endowment for democracy

       For grants made by the United States Information Agency to 
     the National Endowment for Democracy as authorized by the 
     National Endowment for Democacy Act, $30,000,000, 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 title 5, 
     United States Code; for services as authorized by 5 U.S.C. 
     3109; and hire of passenger transportation pursuant to 31 
     U.S.C. 1343(b).
       Sec. 402. Not to exceed 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 appropriation, 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 appropriated by this Act for the United 
     States Information Agency, the Arms Control and Disarmament 
     Agency, and the Department of State may be obligated and 
     expended notwithstanding section 701 of the United States 
     Information and Educational Exchange Act of 1948 and section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995, section 53 of the Arms Control and Disarmament 
     Act, and section 15 of the State Department Basic Authorities 
     Act of 1956.
       Sec. 404. (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

[[Page S12343]]

       (F) for the Comptroller of the Currency, for assessment 
     funds, $29,000.
       (12) Appropriations for the Department of Transportation--
       (A) for the Federal Aviation Administration, for 
     operations, $1,594,000; and
       (B) for the Coast Guard, for operating expenses, $65,000.
       (13) Appropriations for the Department of Labor, for 
     departmental management, for salaries and expenses, $58,000.
       (14) Appropriations for the Department of Health and Human 
     Services--
       (A) for the National Institutes of Health, for the National 
     Cancer Institute, $42,000;
       (B) for the Office of the Secretary, for general 
     departmental management, $71,000; and
       (C) for the Centers for Disease Control and Prevention, for 
     disease control, research, and training, $522,000.
       (15) Appropriations for the Social Security Administration, 
     for administrative expenses, $370,000.
       (16) Appropriations for the Department of the Interior--
       (A) for the United States Fish and Wildlife Service, for 
     resource management, $12,000;
       (B) for the United States Geological Survey, for surveys, 
     investigations, and research, $80,000; and
       (C) for the Bureau of Reclamation, for water and related 
     resources, $101,000.
       (17) Appropriations for the Department of Veterans Affairs, 
     for departmental administration, for general operating 
     expenses, $453,000.
       (18) Appropriations for the National Aeronautics and Space 
     Administration, for mission support, $183,000.
       (19) Appropriations for the National Science Foundation, 
     for research and related activities, $39,000.
       (20) Appropriations for the Federal Emergency Management 
     Agency, for salaries and expenses, $4,000.
       (21) Appropriations for the Department of Energy--
       (A) for departmental administration, $150,000; and
       (B) for atomic energy defense activities, for other defense 
     activities, $54,000.
       (22) Appropriations for the Nuclear Regulatory Commission, 
     for salaries and expenses, $26,000.
       (c)(1) The amount in subsection (a)(2)(A) is reduced by 
     $2,800,000.
       (2) Each amount in subsection (b) is reduced on a pro rata 
     basis in the same proportion as $2,800,000 bears to 
     $112,462,000, rounded to the nearest thousand.
       Sec. 405. (a) An employee who regularly commutes from his 
     or her place of residence in the continental United States to 
     an official duty station in Canada or Mexico shall receive a 
     border equalization adjustment equal to the amount of 
     comparability payments under section 5304 of title V, United 
     States Code, that he or she would receive if assigned to an 
     official duty station within the United States locality pay 
     area closest to the employee's official duty station.
       (b) For purposes of this section, the term ``employee'' 
     shall mean a person who--
       (1) is an ``employee'' as defined under section 2105 of 
     title V, United States Code, and
       (2) is employed by the United States Department of State, 
     the United States Information Agency, the United States 
     Agency for International Development, or the International 
     Joint Commission, except that the term shall not include 
     members of the Foreign Service as defined by section 103 of 
     the Foreign Service Act of 1980 (P.L. 96-465), section 3903 
     of title 22 of the United States Code.
       (c) An equalization adjustment payable under this section 
     shall be considered basic pay for the same purposes as are 
     comparability payments under section 5304 of title V, United 
     States Code, and its implementing regulations.
       (d) The agencies referenced in subsection (c)(2) are 
     authorized to promulgate regulations to carry out the 
     purposes of this section.
       This title may be cited as the ``Department of State and 
     Related Agencies Appropriations Act, 1998''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        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, $51,030,000, 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, $35,500,000, to remain available until 
     expended.


                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $67,600,000: 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, $32,000,000, 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 $3,725,000, 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, $250,000, as authorized by Public 
     Law 99-83, section 1303.

                       Commission on Civil Rights


                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $8,740,000: 
     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; and 
     not to exceed $27,500,000 for payments to State and local 
     enforcement agencies for services to the Commission pursuant 
     to title VII of the Civil Rights Act of 1964, as amended, 
     sections 6 and 14 of the Age Discrimination in Employment 
     Act, the Americans with Disabilities Act of 1990, and the 
     Civil Rights Act of 1991; $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 16) and hire 
     of motor vehicles; special counsel fees; and services as 
     authorized by 5 U.S.C. 3109; $186,514,000, of which not to 
     exceed $300,000 shall remain available until September 30, 
     1999, for research and policy studies: Provided, That 
     $162,523,000 of offsetting collections shall be assessed and 
     collected pursuant to section 9 of title I of the 
     Communications Act of 1934, as amended, and shall be retained 
     and used for necessary expenses in this appropriation, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced as such 
     offsetting collections are received during fiscal year 1998 
     so as to result in a final fiscal year 1998 appropriation 
     estimated at $23,991,000: 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 U.S.C. App. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefor, as

[[Page S12344]]

     authorized by 5 U.S.C. 5901-02; $14,000,000: 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; 
     $88,500,000: 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 1998, so as to result in a 
     final fiscal year 1998 appropriation from the General Fund 
     estimated at not more than $18,500,000, to remain available 
     until expended: 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).

                       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, $283,000,000, of which $274,400,000 is for basic 
     field programs and required independent audits; $1,500,000 is 
     for the Office of Inspector General, of which such amounts as 
     may be necessary may be used to conduct additional audits of 
     recipients; and $7,100,000 is for management and 
     administration.


         Administrative Provisions--Legal Services Corporation

       Sec. 501. (a) Continuation of Competitive Selection 
     Process.--None of the funds appropriated in this Act to the 
     Legal Services Corporation may be used to provide financial 
     assistance to any person or entity except through a 
     competitive selection process conducted in accordance with 
     regulations promulgated by the Corporation in accordance with 
     the criteria set forth in subsections (c), (d), and (e) of 
     section 503 of Public Law 104-134 (110 Stat. 1321-52 et 
     seq.).
       (b) Inapplicability of Certain Procedures.--Sections 
     1007(a)(9) and 1011 of the Legal Services Corporation Act (42 
     U.S.C. 2996f(a)(9) and 2996j) shall not apply to the 
     provision, denial, suspension, or termination of any 
     financial assistance using funds appropriated in this Act.
       (c) Additional Procedures.--If, during any term of a grant 
     or contract awarded to a recipient by the Legal Services 
     Corporation under the competitive selection process referred 
     to in subsection (a) and applicable Corporation regulations, 
     the Corporation finds, after notice and opportunity for the 
     recipient to be heard, that the recipient has failed to 
     comply with any requirement of the Legal Services Corporation 
     Act (42 U.S.C. 2996 et seq.), this Act, or any other 
     applicable law relating to funding for the Corporation, the 
     Corporation may terminate the grant or contract and institute 
     a new competitive selection process for the area served by 
     the recipient, notwithstanding the terms of the recipient's 
     grant or contract.
       Sec. 502. (a) Continuation of Requirements and 
     Restrictions.--None of the funds appropriated in this Act to 
     the Legal Services Corporation shall be expended for any 
     purpose prohibited or limited by, or contrary to any of the 
     provisions of--
       (1) sections 501, 502, 505, 506, and 507 of Public Law 104-
     134 (110 Stat. 1321-51 et seq.), and all funds appropriated 
     in this Act to the Legal Services Corporation shall be 
     subject to the same terms and conditions as set forth in such 
     sections, except that all references in such sections to 1995 
     and 1996 shall be deemed to refer instead to 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 Corporation. Any such action to debar a recipient shall 
     be instituted after the Corporation provides notice and an 
     opportunity for a hearing to the recipient.
       (b) Regulations.--The Legal Services Corporation shall 
     promulgate regulations to implement this section.
       (c) Good Cause.--In this section, the term ``good cause'', 
     used with respect to debarment, includes--
       (1) prior termination of the financial assistance of the 
     recipient, under part 1640 of title 45, Code of Federal 
     Regulations (or any similar corresponding regulation or 
     ruling);
       (2) prior termination in whole, under part 1606 of title 
     45, Code of Federal Regulations (or any similar corresponding 
     regulation or ruling), of the most recent financial 
     assistance received by the recipient, prior to date of the 
     debarment decision;
       (3) substantial violation by the recipient of the statutory 
     or regulatory restrictions that prohibit recipients from 
     using financial assistance made available by the Legal 
     Services Corporation or other financial assistance for 
     purposes prohibited under the Legal Services Corporation Act 
     (42 U.S.C. 2996 et seq.) or for involvement in any activity 
     prohibited by, or inconsistent with, section 504 of Public 
     Law 104-134 (110 Stat. 1321-53 et seq.), section 502(a)(2) of 
     Public Law 104-208 (110 Stat. 3009-59 et seq.), or section 
     502(a)(2) of this Act;
       (4) knowing entry by the recipient into a subgrant, 
     subcontract, or other agreement with an entity that had been 
     debarred by the Corporation; or
       (5) the filing of a lawsuit by the recipient, on behalf of 
     the recipient, as part of any program receiving any Federal 
     funds, naming the Corporation, or any agency or employee of a 
     Federal, State, or local government, as a defendant.
       Sec. 505. (a) Not later than January 1, 1998, the Legal 
     Services Corporation shall implement a system of case 
     information disclosure which shall apply to all basic field 
     programs which receive funds from the Legal Services 
     Corporation from funds appropriated in this Act.
       (b) Any basic field program which receives Federal funds 
     from the Legal Services Corporation from funds appropriated 
     in this Act must disclose to the public in written form, upon 
     request, and to the Legal Services Corporation in semiannual 
     reports, the following information about each case filed by 
     its attorneys in any court:
       (1) The name and full address of each party to the legal 
     action unless such information is protected by an order or 
     rule of a court or by State or Federal law or revealing such 
     information would put the client of the recipient of such 
     Federal funds at risk of physical harm.
       (2) The cause of action in the case.
       (3) The name and address of the court in which the case was 
     filed and the case number assigned to the legal action.
       (c) The case information disclosed in semi-annual reports 
     to the Legal Services Corporation shall be subject to 
     disclosure under section 552 of title 5, United States Code.
       Sec. 506. 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.

                        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, 
     $1,185,000.

                   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, 
     $283,000,000, 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

[[Page S12345]]

     for consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to 
     securities matters, development and implementation of 
     cooperation agreements concerning securities matters and 
     provision of technical assistance for the development of 
     foreign securities markets, such expenses to include 
     necessary logistic and administrative expenses and the 
     expenses of Commission staff and foreign invitees in 
     attendance at such consultations and meetings including: (1) 
     such incidental expenses as meals taken in the course of such 
     attendance, (2) any travel and transportation to or from such 
     meetings, and (3) any other related lodging or subsistance: 
     Provided, That fees and charges authorized by sections 
     6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) 
     and 31(d) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78ee(d)) 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 fees are deposited to 
     this appropriation so as to result in a final total fiscal 
     year 1998 appropriation from the General Fund estimated at 
     not more than $33,477,000.

                     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, 
     $254,200,000, of which: $3,000,000 shall be available for a 
     grant to Lackawanna County, Pennsylvania for infrastructure 
     development to assist in small business development; 
     $3,000,000 shall be available for a grant to the NTTC at 
     Wheeling Jesuit University to continue the outreach program 
     to assist small business development; $2,000,000 shall be for 
     a grant to Western Carolina University to develop a facility 
     to assist in small business and rural economic development; 
     $1,500,000 shall be available for a grant to the State 
     University of New York to develop a facility and operate the 
     Institute of Entrepreneurship for small business and 
     workforce development; $1,000,000 shall be for a grant for 
     the Genesis Small Business Incubator Facility, Fayetteville, 
     Arkansas; and $500,000 shall be available for a continuation 
     grant to the Center for Entrepreneurial Opportunity in 
     Greensburg, Pennsylvania, to provide for small business 
     consulting and assistance: 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 1998 
     or fiscal year 1999 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), $10,000,000.


                     business loans program account

       For the cost of guaranteed loans, $181,232,000, as 
     authorized by 15 U.S.C. 631 note, of which $45,000,000 shall 
     remain available until September 30, 1999: 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: Provided further, That 
     during fiscal year 1998, commitments for general business 
     loans authorized under section 7(a) of the Small Business 
     Act, as amended, shall not exceed $10,000,000,000 without 
     prior notification of the Committees on Appropriations of the 
     House of Representatives and Senate in accordance with 
     section 605 of this Act.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $94,000,000, which may 
     be transferred to and merged with the appropriations for 
     Salaries and Expenses.


                     disaster loans program account

       For the cost of direct loans authorized by section 7(b) of 
     the Small Business Act, as amended, $23,200,000, 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.
       In addition, for administrative expenses to carry out the 
     direct loan program, $150,000,000, including not to exceed 
     $500,000 for the Office of Inspector General of the Small 
     Business Administration for audits and reviews of disaster 
     loans and the disaster loan program, and said sums shall be 
     transferred to and merged with appropriations for the Office 
     of the 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

       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the Small Business 
     Administration in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this paragraph shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                        State Justice Institute


                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1992 (Public Law 102-572 (106 Stat. 4515-4516)), 
     $6,850,000, to remain available until expended: Provided, 
     That not to exceed $2,500 shall be available for official 
     reception and representation expenses.

                      TITLE VI--GENERAL PROVISIONS

       Sec. 601. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 605. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 1998, 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 1998, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Appropriations Committees of 
     both Houses of Congress are notified fifteen days in advance 
     of such reprogramming of funds.
       Sec. 606. None of the funds made available in this Act may 
     be used for the construction, repair (other than emergency 
     repair), overhaul, conversion, or modernization of vessels 
     for the National Oceanic and Atmospheric Administration in 
     shipyards located outside of the United States.
       Sec. 607. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 608. None of the funds made available in this Act may 
     be used to implement, administer, or enforce any guidelines 
     of the Equal Employment Opportunity Commission covering 
     harassment based on religion, when it is made known to the 
     Federal entity or official to which such funds are made 
     available that such guidelines

[[Page S12346]]

     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 appropriated or otherwise made 
     available by this Act may be obligated or expended to pay for 
     any cost incurred for: (1) opening or operating any United 
     States diplomatic or consular post in the Socialist Republic 
     of Vietnam that was not operating on July 11, 1995; (2) 
     expanding any United States diplomatic or consular post in 
     the Socialist Republic of Vietnam that was operating on July 
     11, 1995; or (3) increasing the total number of personnel 
     assigned to United States diplomatic or consular posts in the 
     Socialist Republic of Vietnam above the levels existing on 
     July 11, 1995, unless the President certifies within 60 days 
     the following:
       (A) Based upon all information available to the United 
     States Government, the Government of the Socialist Republic 
     of Vietnam is fully cooperating in good faith with the United 
     States in the following:
       (i) Resolving discrepancy cases, live sightings, and field 
     activities.
       (ii) Recovering and repatriating American remains.
       (iii) Accelerating efforts to provide documents that will 
     help lead to fullest possible accounting of prisoners of war 
     and missing in action.
       (iv) Providing further assistance in implementing 
     trilateral investigations with Laos.
       (B) The remains, artifacts, eyewitness accounts, archival 
     material, and other evidence associated with prisoners of war 
     and missing in action recovered from crash sites, military 
     actions, and other locations in Southeast Asia are being 
     thoroughly analyzed by the appropriate laboratories with the 
     intent of providing surviving relatives with scientifically 
     defensible, legal determinations of death or other 
     accountability that are fully documented and available in 
     unclassified and unredacted form to immediate family members.
       Sec. 610. None of the funds made available by this Act may 
     be used for any United Nations undertaking when it is made 
     known to the Federal official having authority to obligate or 
     expend such funds: (1) that the United Nations undertaking is 
     a peacekeeping mission; (2) that such undertaking will 
     involve United States Armed Forces under the command or 
     operational control of a foreign national; and (3) that the 
     President's military advisors have not submitted to the 
     President a recommendation that such involvement is in the 
     national security interests of the United States and the 
     President has not submitted to the Congress such a 
     recommendation.
       Sec. 611. 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. 612. None of the funds made available in title II for 
     the National Oceanic and Atmospheric Administration (NOAA) 
     under the headings ``Operations, Research, and Facilities'' 
     and ``Procurement, Acquisition and Construction'' may be used 
     to implement sections 603, 604, and 605 of Public Law 102-
     567: Provided, That NOAA may develop a modernization plan for 
     its fisheries research vessels that takes fully into account 
     opportunities for contracting for fisheries surveys.
       Sec. 613. 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. 614. 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. 615. Of the funds appropriated in this Act under the 
     heading ``Office of Justice Programs--state and local law 
     enforcement assistance'', not more than 90 percent of the 
     amount to be awarded to an entity under the Local Law 
     Enforcement Block Grant shall be made available to such an 
     entity when it is made known to the Federal official having 
     authority to obligate or expend such funds that the entity 
     that employs a public safety officer (as such term is defined 
     in section 1204 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968) does not provide such a public 
     safety officer who retires or is separated from service due 
     to injury suffered as the direct and proximate result of a 
     personal injury sustained in the line of duty while 
     responding to an emergency situation or a hot pursuit (as 
     such terms are defined by State law) with the same or better 
     level of health insurance benefits that are paid by the 
     entity at the time of retirement or separation.
       Sec. 616. (a) None of the funds made available in this Act 
     may be used to issue or renew a fishing permit or 
     authorization for any fishing vessel of the United States 
     greater than 165 feet in registered length or of more than 
     750 gross registered tons, and that has an engine or engines 
     capable of producing a total of more than 3,000 shaft 
     horsepower--
       (1) as specified in the permit application required under 
     part 648.4(a)(5) of title 50, Code of Federal Regulations, 
     part 648.12 of title 50, Code of Federal Regulations, and the 
     authorization required under part 648.80(d)(2) of title 50, 
     Code of Federal Regulations, to engage in fishing for 
     Atlantic mackerel or herring (or both) under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.); or
       (2) that would allow such a vessel to engage in the 
     catching, taking, or harvesting of fish in any other fishery 
     within the exclusive economic zone of the United States 
     (except territories), unless a certificate of documentation 
     had been issued for the vessel and endorsed with a fishery 
     endorsement that was effective on September 25, 1997 and such 
     fishery endorsement was not surrendered at any time 
     thereafter.
       (b) Any fishing permit or authorization issued or renewed 
     prior to the date of the enactment of this Act for a fishing 
     vessel to which the prohibition in subsection (a)(1) applies 
     that would allow such vessel to engage in fishing for 
     Atlantic mackerel or herring (or both) during fiscal year 
     1998 shall be null and void, and none of the funds made 
     available in this Act may be used to issue a fishing permit 
     or authorization that would allow a vessel whose permit or 
     authorization was made null and void pursuant to this 
     subsection to engage in the catching, taking, or harvesting 
     of fish in any other fishery within the exclusive economic 
     zone of the United States.
       Sec. 617. During fiscal year 1998 and in any fiscal year 
     thereafter, the court, in any criminal case (other than a 
     case in which the defendant is represented by assigned 
     counsel paid for by the public) pending on or after the date 
     of the enactment of this Act, may award to a prevailing 
     party, other than the United States, a reasonable attorney's 
     fee and other litigation expenses, where the court finds that 
     the position of the United States was vexatious, frivolous, 
     or in bad faith, unless the court finds that special 
     circumstances make such an award unjust. Such awards shall be 
     granted pursuant to the procedures and limitations (but not 
     the burden of proof) provided for an award under section 2412 
     of title 28, United States Code. To determine whether or not 
     to award fees and costs under this section, the court, for 
     good cause shown, may receive evidence ex parte and in camera 
     (which shall include the submission of classified evidence or 
     evidence that reveals or might reveal the identity of an 
     informant or undercover agent or matters occurring before a 
     grand jury) and evidence or testimony so received shall be 
     kept under seal. Fees and other expenses awarded under this 
     provision to a party shall be paid by the agency over which 
     the party prevails from any funds made available to the 
     agency by appropriation. No new appropriations shall be made 
     as a result of this provision.
       Sec. 618. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 619. None of the funds made available in this Act may 
     be used to pay the expenses of an election officer appointed 
     by a court to oversee an election of any officer or trustee 
     for the International Brotherhood of Teamsters.
       Sec. 620. 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. 621. None of the funds appropriated or otherwise made 
     available in this Act shall be used to issue visas to any 
     person who--
       (1) has been credibly alleged to have ordered, carried out, 
     or materially assisted in the extrajudicial and political 
     killings of Antoine Izmery, Guy Malary, Father Jean-Marie 
     Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille 
     Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max 
     Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun, 
     Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-
     Hubert Feuille;
       (2) has been included in the list presented to former 
     President Jean-Bertrand Aristide by former National Security 
     Council Advisor Anthony Lake in December 1995, and acted upon 
     by President Rene Preval;
       (3) was sought for an interview by the Federal Bureau of 
     Investigation as part of its inquiry into the March 28, 1995, 
     murder of Mireille Durocher Bertin and Eugene Baillergeau, 
     Jr., and was credibly alleged to have ordered, carried out, 
     or materially assisted in those murders, per a June 28, 1995, 
     letter to the then Minister of Justice of the Government of 
     Haiti, Jean-Joseph Exume;
       (4) was a member of the Haitian High Command during the 
     period 1991 through 1994, and has been credibly alleged to 
     have planned, ordered, or participated with members of the 
     Haitian Armed Forces in--
       (A) the September 1991 coup against any person who was a 
     duly elected government official of Haiti (or a member of the 
     family of such official), or
       (B) the murders of thousands of Haitians during the period 
     1991 through 1994; or

[[Page S12347]]

       (5) has been credibly alleged to have been a member of the 
     paramilitary organization known as FRAPH who planned, 
     ordered, or participated in acts of violence against the 
     Haitian people.
       (b) Exemption.--Subsection (a) shall not apply if the 
     Secretary of State finds, on a case-by-case basis, that the 
     entry into the United States of a person who would otherwise 
     be excluded under this section is necessary for medical 
     reasons or such person has cooperated fully with the 
     investigation of these political murders. If the Secretary of 
     State exempts any such person, the Secretary shall notify the 
     appropriate congressional committees in writing.
       (c) Reporting Requirement.--(1) The United States chief of 
     mission in Haiti shall provide the Secretary of State a list 
     of those who have been credibly alleged to have ordered or 
     carried out the extrajudicial and political killings 
     mentioned in paragraph (1) of subsection (a).
       (2) The Secretary of State shall submit the list provided 
     under paragraph (1) to the appropriate congressional 
     committees not later than 3 months after the date of 
     enactment of this Act.
       (3) The Secretary of State shall submit to the appropriate 
     congressional committees a list of aliens denied visas, and 
     the Attorney General shall submit to the appropriate 
     congressional committees a list of aliens refused entry to 
     the United States as a result of this provision.
       (4) The Secretary of State shall submit a report under this 
     subsection not later than 6 months after the date of 
     enactment of this Act and not later than March 1 of each year 
     thereafter as long as the Government of Haiti has not 
     completed the investigation of the extrajudicial and 
     political killings and has not prosecuted those implicated 
     for the killings specified in paragraph (1) of subsection 
     (a).
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate.
       Sec. 622. Section 3006 of the Balanced Budget Act of 1997 
     (Public Law 105-33; 111 Stat. 251, 269) is hereby repealed. 
     This section shall be deemed a section of the Balanced Budget 
     Act of 1997 for the purposes of section 10213 of that Act 
     (111 Stat. 712), and shall be scored pursuant to paragraph 
     (2) of such section.
       Sec. 623. (a) Report on Universal Service under the 
     Telecommunications Act of 1996.--The Federal Communications 
     Commission shall undertake a review of the implementation by 
     the Commission of the provisions of the Telecommunications 
     Act of 1996 (Public Law 104-104) relating to universal 
     service. Such review shall be completed and submitted to the 
     Congress no later than April 10, 1998.
       (b) The report required under subsection (a) shall provide 
     a detailed description of the extent to which the Commission 
     interpretations reviewed under paragraphs (1) through (5) are 
     consistent with the plain language of the Communications Act 
     of 1934 (47 U.S.C. 151 et seq.), as amended by the 
     Telecommunications Act of 1996, and shall include a review 
     of--
       (1) the definitions of ``information service,'' ``local 
     exchange carrier,'' ``telecommunications,'' 
     ``telecommunications service,'' ``telecommunications 
     carrier,'' and ``telephone exchange service'' that were added 
     to section 3 of the Communications Act of 1934 (47 U.S.C. 
     153) by the Telecommunications Act of 1996 and the impact of 
     the Commission's interpretation of those definitions on the 
     current and future provision of universal service to 
     consumers in all areas of the nation, including high cost and 
     rural areas;
       (2) the application of those definitions to mixed or hybrid 
     services and the impact of such application on universal 
     service definitions and support, and the consistency of the 
     Commission's application of those definitions, including with 
     respect to Internet access under section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h));
       (3) who is required to contribute to universal service 
     under section 254(d) of the Communications Act of 1934 (47 
     U.S.C. 254(d)) and related existing federal universal service 
     support mechanisms, and of any exemption of providers or 
     exclusion of any service that includes telecommunications 
     from such requirement or support mechanisms;
       (4) who is eligible under sections 254(e), 254(h)(1), and 
     254(h)(2) of the Communications Act of 1934 (47 U.S.C. 
     254(e), 254(h)(1), and 254(h)(2)) to receive specific federal 
     universal service support for the provision of universal 
     service, and the consistency with which the Commission has 
     interpreted each of those provisions of section 254; and
       (5) the Commission's decisions regarding the percentage of 
     universal service support provided by federal mechanisms and 
     the revenue base from which such support is derived.
       Sec. 624. Section 6(d)(1) of the National Foundation on the 
     Arts and the Humanities Act of 1965 (20 U.S.C. 955(d)(1)) is 
     amended by striking the word ``fourteen'' and inserting in 
     lieu thereof ``eight''.
       Sec. 625. (a) Section 814(g)(1) of the Foreign Relations 
     Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 2291 
     note) is amended by striking ``$325,000'' and inserting 
     ``$370,000''.
       (b) Section 814(i) of such section is amended by striking 
     ``September 30, 1997'' and inserting ``September 30, 1999''.
       Sec. 626. In addition to amounts otherwise made available 
     for payment of obligations in carrying out 49 U.S.C. 5338(a), 
     $50,000,000 shall remain available until expended and to be 
     derived from the Highway Trust Fund: Provided, That 
     $50,000,000 shall be paid from the Mass Transit Account of 
     the Highway Trust Fund to the Federal Transit 
     Administration's formula grants account: Provided further, 
     That subsection (c) of section 337 of the Department of 
     Transportation and Related Agencies Appropriations Act, 1998 
     is amended by inserting after ``House and Senate Committees 
     on Appropriations'', the following: ``and the Senate 
     Committee on Commerce, Science, and Transportation''.
       Sec. 627. (a) Section 501(c)(4) of the District of Columbia 
     Police and Firemen's Act of 1958, (District of Columbia Code, 
     section 4-416(c)(4)), is amended by striking ``locality pay'' 
     and inserting ``longevity pay''.
       (b) The amendment made by section (a) is effective on the 
     date of enactment of Public Law 105-61.
       Sec. 628. Section 19(a) of the Indian Gaming Regulatory Act 
     (25 U.S.C. 2718(a)) is amended to read as follows:
       ``(a) Subject to section 18, there are authorized to be 
     appropriated, for fiscal year 1998, and for each fiscal year 
     thereafter, an amount equal to the amount of funds derived 
     from the assessments authorized by section 18(a).''.
       Sec. 629. (a) In General.--The Secretary of Energy shall--
       (1) convey, without consideration, to the Incorporated 
     County of Los Alamos, New Mexico (in this section referred to 
     as the ``County''), or to the designee of the County, fee 
     title to the parcels of land that are allocated for 
     conveyance to the County in the agreement under subsection 
     (e); and
       (2) transfer to the Secretary of the Interior, in trust for 
     the Pueblo of San Ildefonso (in this section referred to as 
     the ``Pueblo''), administrative jurisdiction over the parcels 
     that are allocated for transfer to the Secretary of the 
     Interior in such agreement.
       (b) Preliminary Identification of Parcels of Land for 
     Conveyance or Transfer.--(1) Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     submit to the congressional defense committees a report 
     identifying the parcels of land under the jurisdiction or 
     administrative control of the Secretary at or in the vicinity 
     of Los Alamos National Laboratory that are suitable for 
     conveyance or transfer under this section.
       (2) A parcel is suitable for conveyance or transfer for 
     purposes of paragraph (1) if the parcel--
       (A) is not required to meet the national security mission 
     of the Department of Energy or will not be required for that 
     purpose before the end of the 10-year period beginning on the 
     date of enactment of this Act;
       (B) is likely to be conveyable or transferable, as the case 
     may be, under this section not later than the end of such 
     period; and
       (C) is suitable for use for a purpose specified in 
     subsection (h).
       (c) Review of Title.--(1) Not later than one year after the 
     date of enactment of this Act, the Secretary shall submit to 
     the congressional defense committees a report setting forth 
     the results of a title search on each parcel of land 
     identified as suitable for conveyance or transfer under 
     subsection (b), including an analysis of any claims against 
     or other impairments to the fee title to each such parcel.
       (2) In the period beginning on the date of the completion 
     of the title search with respect to a parcel under paragraph 
     (1) and ending on the date of the submittal of the report 
     under that paragraph, the Secretary shall take appropriate 
     actions to resolve the claims against or other impairments, 
     if any, to fee title that are identified with respect to the 
     parcel in the title search.
       (d) Environmental Restoration.--(1) Not later than 21 
     months after the date of enactment of this Act, the Secretary 
     shall--
       (A) identify the environmental restoration or remediation, 
     if any, that is required with respect to each parcel of land 
     identified under subsection (b) to which the United States 
     has fee title;
       (B) carry out any review of the environmental impact of the 
     conveyance or transfer of each such parcel that is required 
     under the provisions of the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and
       (C) submit to Congress a report setting forth the results 
     of the activities under subparagraphs (A) and (B).
       (2) If the Secretary determines under paragraph (1) that a 
     parcel described in paragraph (1)(A) requires environmental 
     restoration or remediation, the Secretary shall, to the 
     maximum extent practicable, complete the environmental 
     restoration or remediation of the parcel not later than 10 
     years after the date of enactment of this Act.
       (e) Agreement for Allocation of Parcels.--As soon as 
     practicable after completing the review of titles to parcels 
     of land under subsection (c), but not later than 90 days 
     after the submittal of the report under subsection (d)(1)(C), 
     the County and the Pueblo shall submit to the Secretary an 
     agreement between the County and the Pueblo which allocates 
     between the County and the Pueblo the parcels identified for 
     conveyance or transfer under subsection (b).
       (f) Plan for Conveyance and Transfer.--(1) Not later than 
     90 days after the date of the submittal to the Secretary of 
     Energy of the agreement under subsection (e), the Secretary 
     shall submit to the congressional defense committees a plan 
     for conveying or transferring parcels of land under this 
     section in accordance with the allocation specified in the 
     agreement.
       (2) The plan under paragraph (1) shall provide for the 
     completion of the conveyance or transfer of parcels under 
     this section not later than 9 months after the date of the 
     submittal of the plan under that paragraph.
       (g) Conveyance or Transfer.--(1) Subject to paragraphs (2) 
     and (3), the Secretary shall convey or transfer parcels of 
     land in accordance with the allocation specified in the 
     agreement submitted to the Secretary under subsection (e).
       (2) In the case of a parcel allocated under the agreement 
     that is not available for conveyance

[[Page S12348]]

     or transfer in accordance with the requirement in subsection 
     (f)(2) by reason of its requirement to meet the national 
     security mission of the Department, the Secretary shall 
     convey or transfer the parcel, as the case may be, when the 
     parcel is no longer required for that purpose.
       (3)(A) In the case of a parcel allocated under the 
     agreement that is not available for conveyance or transfer in 
     accordance with such requirement by reason of requirements 
     for environmental restoration or remediation, the Secretary 
     shall convey or transfer the parcel, as the case may be, upon 
     the completion of the environmental restoration or 
     remediation that is required with respect to the parcel.
       (B) If the Secretary determines that environmental 
     restoration or remediation cannot reasonably be expected to 
     be completed with respect to a parcel by the end of the 10-
     year period beginning on the date of enactment of this Act, 
     the Secretary shall not convey or transfer the parcel under 
     this section.
       (h) Use of Conveyed or Transferred Land.--The parcels of 
     land conveyed or transferred under this section shall be used 
     for historic, cultural, or environmental preservation 
     purposes, economic diversification purposes, or community 
     self-sufficiency purposes.
       (i) Treatment of Conveyances and Transfers.--(1) The 
     purpose of the conveyances and transfers under this section 
     is to fulfill the obligations of the United States with 
     respect to Los Alamos National Laboratory, New Mexico, under 
     sections 91 and 94 of the Atomic Energy Community Act of 1955 
     (42 U.S.C. 2391, 2394).
       (2) Upon the completion of the conveyance or transfer of 
     the parcels of land available for conveyance or transfer 
     under this section, the Secretary shall make no further 
     payments with respect to Los Alamos National Laboratory under 
     section 91 or section 94 of the Atomic Energy Community Act 
     of 1955.
       (j) Repeal of Superseded Provision.--In the event of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 1998 by reason of the approval of the President 
     of the conference report to accompany the bill (H.R.1119) of 
     the 105th Congress, section 3165 of such Act is repealed.
       Sec. 630. (a) Section 6906 of title 31, United States Code, 
     is amended--
       (1) by inserting ``(a) In General.--'' before 
     ``Necessary''; and
       (2) by adding at the end the following:
       ``(b) Local Exemptions From User Fees Due to Insufficient 
     Appropriations.--
       ``(1) In general.--Unless sufficient funds are appropriated 
     for a fiscal year to provide full payments under this chapter 
     to each unit of general local government that lies in whole 
     or in part within the White Mountain National Forest and is 
     eligible for the payments, persons residing within the 
     boundaries of that unit of general local government shall be 
     exempt during that fiscal year from any requirement to pay a 
     Demonstration Program Fee (parking permit or passport) 
     imposed by the Secretary of Agriculture for access to the 
     Forest.
       ``(2) Administration.--The Secretary of Agriculture shall 
     establish a method of identifying persons who are exempt from 
     requirements to pay user fees under paragraph (1).''.
       Sec. 631. Section 512(b) of Public Law 105-61 is amended by 
     adding before the period: ``unless the President announced 
     his intent to nominate the individual prior to November 30, 
     1997''.
       Sec. 632. Transfers of Unobligated Highway Apportionments. 
     (a) In General.--Notwithstanding any other provision of law, 
     for fiscal year 1998, a State may transfer any funds 
     apportioned to the State for any program under section 104 
     (including amounts apportioned under section 104(b)(3) or set 
     aside or suballocated under section 133(d)), 144, or 402 of 
     title 23, United States Code, granted to the State for any 
     program under section 410 of that title, or allocated to the 
     State for any program under chapter 311 of title 49, United 
     States Code, that are subject to any limitation on 
     obligations, and that are not obligated, to any other of 
     those programs.
       (b) Treatment of Transferred Funds.--Any funds transferred 
     to another program under subsection (a) shall be subject to 
     the provisions of the program to which the funds are 
     transferred, except that funds transferred to the surface 
     transportation program under section 133 of title 23, United 
     States Code, other than paragraphs (1) and (2) of section 
     133(d) of that title, shall not be subject to section 133(d) 
     of that title.
       (c) Restoration of Apportionments.--
       (1) In general.--As soon as practicable after the date of 
     enactment of a law reauthorizing the Federal-aid highway 
     program enacted after the date of enactment of this Act, the 
     Secretary of Transportation (referred to in this section as 
     the ``Secretary'') shall restore any funds that a State 
     transferred under subsection (a) for any project not eligible 
     for the funds but for this section to the program category 
     from which the funds were transferred.
       (2) Program category reconciliation.--The Secretary may 
     establish procedures under which funds transferred under 
     subsection (a) from a program category for which funds are no 
     longer authorized may be restored to the Federal-aid highway 
     program.
       (d) Limitation on Obligations.--
       (1) In general.--The Secretary shall allocate to a State an 
     amount of obligation authority made available under the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-66; 111 Stat. 1425), 
     that is not greater than 75 percent of the State's total 
     fiscal year 1997 obligation authority for funds apportioned 
     for the Federal-aid highway program until the earlier of--
       (A) such time as a multiyear law reauthorizing the Federal-
     aid highway program has been enacted; or
       (B) July 1, 1998.
       (2) Contract authority.--No contract authority made 
     available to the States before July 1, 1998, shall be 
     obligated after that date until such time as a multiyear law 
     reauthorizing the Federal-aid highway program has been 
     enacted.
       (e) Guidance.--The Secretary may issue guidance for use in 
     carrying out this section.
       Sec. 633. Administrative Expenses for Federal-aid Highway 
     Program and Bureau of Transportation Statistics. (a) 
     Authority To Borrow.--
       (1) From unobligated funds available for discretionary 
     allocations.--If unobligated balances of funds deducted by 
     the Secretary of Transportation (referred to in this section 
     as the ``Secretary'') under section 104(a) of title 23, 
     United States Code, for administrative and research expenses 
     of the Federal-aid highway program are insufficient to pay 
     those expenses and the amounts necessary for operation of the 
     Bureau of Transportation Statistics for fiscal year 1998, the 
     Secretary may borrow to pay those expenses and amounts not to 
     exceed $211,000,000 from unobligated funds available to the 
     Secretary for discretionary allocations.
       (2) From certain unobligated balances.--If unobligated 
     funds available to the Secretary for discretionary 
     allocations are insufficient for the purposes described in 
     paragraph (1), the Secretary may borrow for those purposes 
     not to exceed $211,000,000 from the unobligated balances of 
     funds apportioned or allocated to the States for the Federal-
     aid highway program.
       (b) Requirement To Reimburse.--Funds borrowed under 
     subsection (a) shall be reimbursed from amounts made 
     available to the Secretary under section 104(a) of title 23, 
     United States Code, as soon as practicable after the date of 
     enactment of a law reauthorizing the Federal-aid highway 
     program enacted after the date of enactment of this Act.
       Sec. 634. Extension of Federal Transit Programs. (a) Title 
     III of the Intermodal Surface Transportation Efficiency Act 
     of 1991 (105 Stat. 2087-2140) is amended by adding at the end 
     the following:

     ``SEC. 3049. EXTENSION OF FEDERAL TRANSIT PROGRAMS FOR THE 
                   PERIOD OF OCTOBER 1, 1997, THROUGH MARCH 31, 
                   1998.

       ``(a) Allocating Amounts.--Section 5309(m)(1) of title 49, 
     United States Code, is amended by inserting `, and for the 
     period of October 1, 1997, through March 31, 1998' after 
     `1997'.
       ``(b) Apportionment of Appropriations for Fixed Guideway 
     Modernization.--Section 5337 of title 49, United States Code, 
     is amended--
       ``(1) in subsection (a), by inserting `and for the period 
     of October 1, 1997, through March 31, 1998,' after `1997,'; 
     and
       ``(2) by adding at the end the following:
       `` `(e) Special Rule for October 1, 1997, Through March 31, 
     1998.--The Secretary shall determine the amount that each 
     urbanized area is to be apportioned for fixed guideway 
     modernization under this section on a pro rata basis to 
     reflect the partial fiscal year 1998 funding made available 
     by section 5338(b)(1)(F).'.
       ``(c) Authorizations.--Section 5338 of title 49, United 
     States Code, is amended--
       ``(1) in subsection (a)--
       ``(A) in paragraph (1), by adding at the end the following:
       `` `(F) $1,349,395,000 for the period of October 1, 1997, 
     through March 31, 1998.'; and
       ``(B) in paragraph (2), by adding at the end the following:
       `` `(F) $369,000,000 for the period of October 1, 1997, 
     through March 31, 1998.';
       ``(2) in subsection (b)(1), by adding at the end the 
     following:
       `` `(F) $1,110,605,000 for the period of October 1, 1997, 
     through March 31, 1998.';
       ``(3) in subsection (c), by inserting `and not more than 
     $1,500,000 for the period of October 1, 1997, through March 
     31, 1998,' after `1997,';
       ``(4) in subsection (e), by inserting `and not more than 
     $3,000,000 is available from the Fund (except the Account) 
     for the Secretary for the period of October 1, 1997, through 
     March 31, 1998,' after `1997,';
       ``(5) in subsection (h)(3), by inserting `and $3,000,000 is 
     available for section 5317 for the period of October 1, 1997, 
     through March 31, 1998' after `1997';
       ``(6) in subsection (j)(5)--
       ``(A) in subparagraph (B), by striking `and' at the end;
       ``(B) in subparagraph (C), by striking the period at the 
     end and inserting `; and'; and
       ``(C) by adding at the end the following:
       `` `(D) the lesser of $1,500,000 or an amount that the 
     Secretary determines is necessary is available to carry out 
     section 5318 for the period of October 1, 1997, through March 
     31, 1998.';
       ``(7) in subsection (k), by striking `or (e)' and inserting 
     `(e), or (m)'; and
       ``(8) by adding at the end the following:
       `` `(m) Section 5316 for the Period of October 1, 1997, 
     Through March 31, 1998.--Not more than the following amounts 
     may be appropriated to the Secretary from the Fund (except 
     the Account) for the period of October 1, 1997, through March 
     31, 1998:
       `` `(1) $125,000 to carry out section 5316(a).
       `` `(2) $1,500,000 to carry out section 5316(b).
       `` `(3) $500,000 to carry out section 5316(c).
       `` `(4) $500,000 to carry out section 5316(d).
       `` `(5) $500,000 to carry out section 5316(e).'.''.
       (b) Budget Scorekeeping.--For purposes of the Congressional 
     Budget Act of 1974, as amended, the Balanced Budget and 
     Emergency Deficit Control Act, as amended, and the Budget 
     Enforcement Act of 1997, as amounts provided or otherwise 
     made available in this section shall be treated as ``direct 
     spending'' in an authorization Act.

[[Page S12349]]

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                          working capital fund

                              (rescission)

       Of the unobligated balances available under this heading on 
     September 30, 1997, $100,000,000 are rescinded.

           TITLE VIII--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

       For an additional amount for ``Operations, Research, and 
     Facilities''; for emergency expenses to provide disaster 
     assistance pursuant to section 312(a) of the Magnuson-Stevens 
     Fishery Conservation and Management Act for the Bristol Bay 
     and Kuskokwim areas of Alaska, $7,000,000 to remain available 
     until expended: Provided, That the entire amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(D)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that the Secretary of Commerce transmits a 
     determination that there is a commercial fishery failure.
       This division may be cited as the ``Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1998''.

DIVISION C--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 1998

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for foreign 
     operations, export financing, and related programs for the 
     fiscal year ending September 30, 1998, and for other 
     purposes, to be effective as if it had been enacted into law 
     as the regular appropriations Act, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE


                EXPORT-IMPORT BANK OF THE UNITED STATES

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country other than a nuclear-weapon State as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act that has detonated a nuclear explosive after 
     the date of enactment of this Act.


                         subsidy appropriation

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, $683,000,000 to 
     remain available until September 30, 2001: 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 such sums shall remain 
     available until 2013 for the disbursement of direct loans, 
     loan guarantees, insurance and tied-aid grants obligated in 
     fiscal years 1998 and 1999: Provided further, That up to 
     $50,000,000 of funds appropriated by this paragraph shall 
     remain available until expended and may be used for tied-aid 
     grant purposes: Provided further, That none of the funds 
     appropriated by this Act or any prior Act appropriating funds 
     for foreign operations, export financing, or related programs 
     for tied-aid credits or grants may be used for any other 
     purpose except through the regular notification procedures of 
     the Committees on Appropriations: Provided further, That 
     funds appropriated by this paragraph are made available 
     notwithstanding section 2(b)(2) of the Export-Import Bank Act 
     of 1945, in connection with the purchase or lease of any 
     product by any East European country, any Baltic State, or 
     any agency or national thereof.


                        ADMINISTRATIVE EXPENSES

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs (to be computed on an 
     accrual basis), including hire of passenger motor vehicles 
     and services as authorized by 5 U.S.C. 3109, and not to 
     exceed $20,000 for official reception and representation 
     expenses for members of the Board of Directors, $48,614,000: 
     Provided, That necessary expenses (including special services 
     performed on a contract or fee basis, but not including other 
     personal services) in connection with the collection of 
     moneys owed the Export-Import Bank, repossession or sale of 
     pledged collateral or other assets acquired by the Export-
     Import Bank in satisfaction of moneys owed the Export-Import 
     Bank, or the investigation or appraisal of any property, or 
     the evaluation of the legal or technical aspects of any 
     transaction for which an application for a loan, guarantee or 
     insurance commitment has been made, shall be considered 
     nonadministrative expenses for the purposes of this heading: 
     Provided further, That, notwithstanding subsection (b) of 
     section 117 of the Export Enhancement Act of 1992, subsection 
     (a) thereof shall remain in effect until October 1, 1998.


                overseas private investment corporation

                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary: Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $32,000,000: Provided further, That 
     project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.


                            program account

       For the cost of direct and guaranteed loans, $60,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961 to be derived by transfer from the Overseas Private 
     Investment Corporation noncredit account: 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 such sums shall be available for 
     direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 1998 and 1999: Provided 
     further, That such sums shall remain available through fiscal 
     year 2006 for the disbursement of direct and guaranteed loans 
     obligated in fiscal year 1998, and through fiscal year 2007 
     for the disbursement of direct and guaranteed loans obligated 
     in fiscal year 1999: Provided further, That in addition, such 
     sums as may be necessary for administrative expenses to carry 
     out the credit program may be derived from amounts available 
     for administrative expenses to carry out the credit and 
     insurance programs in the Overseas Private Investment 
     Corporation Noncredit Account and merged with said account.

                  Funds Appropriated to the President


                      TRADE AND DEVELOPMENT AGENCY

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $41,500,000, to remain available until September 30, 1999: 
     Provided, That the Trade and Development Agency may receive 
     reimbursements from corporations and other entities for the 
     costs of grants for feasibility studies and other project 
     planning services, to be deposited as an offsetting 
     collection to this account and to be available for obligation 
     until September 30, 1999, for necessary expenses under this 
     paragraph: Provided further, That such reimbursements shall 
     not cover, or be allocated against, direct or indirect 
     administrative costs of the agency.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For expenses necessary to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 1998, 
     unless otherwise specified herein, as follows:


                  AGENCY FOR INTERNATIONAL DEVELOPMENT

                CHILD SURVIVAL AND DISEASE PROGRAMS FUND

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for child survival, basic education, assistance to 
     combat tropical and other diseases, and related activities, 
     in addition to funds otherwise available for such purposes, 
     $650,000,000, to remain available until expended: Provided, 
     That this amount shall be made available for such activities 
     as: (1) immunization programs; (2) oral rehydration programs; 
     (3) health and nutrition programs, and related education 
     programs, which address the needs of mothers and children; 
     (4) water and sanitation programs; (5) assistance for 
     displaced and orphaned children; (6) programs for the 
     prevention, treatment, and control of, and research on, 
     tuberculosis, HIV/AIDS, polio, malaria and other diseases; 
     (7) up to $98,000,000 for basic education programs for 
     children; and (8) a contribution on a grant basis to the 
     United Nations Children's Fund (UNICEF) pursuant to section 
     301 of the Foreign Assistance Act of 1961.


                  agency for international development

                         development assistance

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     sections 103 through 106 and chapter 10 of part I of the 
     Foreign Assistance Act of 1961, title V of the International 
     Security and Development Cooperation Act of 1980 (Public Law 
     96-533) and the provisions of section 401 of the Foreign 
     Assistance Act of 1969, $1,210,000,000, to remain available 
     until September 30, 1999: Provided, That of the amount 
     appropriated under this heading, up to $22,000,000 may be 
     made available for the Inter-American Foundation and shall be 
     apportioned directly to that Agency: Provided further, That 
     of the amount appropriated under this heading, up to 
     $14,000,000 may be made available for the African Development 
     Foundation and shall be apportioned directly to that agency: 
     Provided further, That none of the funds made available in 
     this Act nor any unobligated balances from prior 
     appropriations may be made available to any organization or 
     program which, as determined by the President of the United 
     States, supports or participates in the management of a 
     program of coercive abortion or involuntary sterilization: 
     Provided further, That none of the funds made available under 
     this heading may be used to pay for the performance of 
     abortion as a method of family planning or to motivate or 
     coerce any person to practice abortions; and that in order to 
     reduce reliance on abortion in developing nations, funds 
     shall be available only to voluntary family planning projects 
     which offer, either directly or through referral to, or 
     information

[[Page S12350]]

     about access to, a broad range of family planning methods and 
     services: Provided further, That in awarding grants for 
     natural family planning under section 104 of the Foreign 
     Assistance Act of 1961 no applicant shall be discriminated 
     against because of such applicant's religious or 
     conscientious commitment to offer only natural family 
     planning; and, additionally, all such applicants shall comply 
     with the requirements of the previous proviso: Provided 
     further, That for purposes of this or any other Act 
     authorizing or appropriating funds for foreign operations, 
     export financing, and related programs, the term 
     ``motivate'', as it relates to family planning assistance, 
     shall not be construed to prohibit the provision, consistent 
     with local law, of information or counseling about all 
     pregnancy options: Provided further, That nothing in this 
     paragraph shall be construed to alter any existing statutory 
     prohibitions against abortion under section 104 of the 
     Foreign Assistance Act of 1961: Provided further, That 
     notwithstanding section 109 of the Foreign Assistance Act of 
     1961, of the funds appropriated under this heading in this 
     Act, and of the unobligated balances of funds previously 
     appropriated under this heading, not to exceed $2,500,000 
     shall be transferred to ``International Organizations and 
     Programs'' for a contribution to the International Fund for 
     Agricultural Development (IFAD), and that any such transfer 
     of funds shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That of the funds appropriated under this heading 
     that are made available for assistance programs for displaced 
     and orphaned children and victims of war, not to exceed 
     $25,000, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     such programs: Provided further, That none of the funds made 
     available under this heading may be used for any activity 
     which is in contravention to the Convention on International 
     Trade in Endangered Species of Flora and Fauna (CITES).


                  private and voluntary organizations

       None of the funds appropriated or otherwise made available 
     by this Act for development assistance may be made available 
     to any United States private and voluntary organization, 
     except any cooperative development organization, which 
     obtains less than 20 per centum of its total annual funding 
     for international activities from sources other than the 
     United States Government: Provided, That the requirements of 
     the provisions of section 123(g) of the Foreign Assistance 
     Act of 1961 and the provisions on private and voluntary 
     organizations in title II of the ``Foreign Assistance and 
     Related Programs Appropriations Act, 1985'' (as enacted in 
     Public Law 98-473) shall be superseded by the provisions of 
     this section, except that the authority contained in the last 
     sentence of section 123(g) may be exercised by the 
     Administrator with regard to the requirements of this 
     paragraph.
       Funds appropriated or otherwise made available under title 
     II of this Act should be made available to private and 
     voluntary organizations at a level which is at least 
     equivalent to the level provided in fiscal year 1995. Such 
     private and voluntary organizations shall include those which 
     operate on a not-for-profit basis, receive contributions from 
     private sources, receive voluntary support from the public 
     and are deemed to be among the most cost-effective and 
     successful providers of development assistance.


                                 cyprus

       Of the funds appropriated under the headings ``Development 
     Assistance'' and ``Economic Support Fund'', not less than 
     $15,000,000 shall be made available for Cyprus to be used 
     only for scholarships, administrative support of the 
     scholarship program, bicommunal projects, and measures aimed 
     at reunification of the island and designed to reduce 
     tensions and promote peace and cooperation between the two 
     communities on Cyprus.


                                 burma

       Of the funds appropriated under the headings ``Development 
     Assistance'' and ``Economic Support Fund'', not less than 
     $5,000,000 shall be made available to support activities in 
     Burma, along the Burma-Thailand border, and for activities of 
     Burmese student groups and other organizations located 
     outside Burma: Provided, That funds made available for Burma 
     related activities under this heading may be made available 
     notwithstanding any other provision of law: Provided further, 
     That provision of such funds shall be made available subject 
     to the regular notification procedures of the Committees on 
     Appropriations.


                                CAMBODIA

       None of the funds appropriated in this Act may be made 
     available for the Government of Cambodia: Provided, That the 
     restrictions under this heading shall not apply to 
     humanitarian, demining or election-related programs or 
     activities: Provided further, That such funds shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That 30 days 
     after enactment of this Act, the President shall report to 
     the Committees on Appropriations on the results of the FBI 
     investigation into the bombing attack in Phnom Penh on March 
     30, 1997.


                   INTERNATIONAL DISASTER ASSISTANCE

       For necessary expenses for international disaster relief, 
     rehabilitation, and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, as 
     amended, $190,000,000, to remain available until expended.


                           DEBT RESTRUCTURING

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying direct loans 
     and loan guarantees, as the President may determine, for 
     which funds have been appropriated or otherwise made 
     available for programs within the International Affairs 
     Budget Function 150, including the cost of selling, reducing, 
     or canceling amounts, through debt buybacks and swaps, owed 
     to the United States as a result of concessional loans made 
     to eligible Latin American and Caribbean countries, pursuant 
     to part IV of the Foreign Assistance Act of 1961; of 
     modifying concessional loans extended to least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended; and of modifying any obligation, or portion of such 
     obligation for Latin American countries to pay for purchases 
     of United States agricultural commodities guaranteed by the 
     Commodity Credit Corporation under export credit guarantee 
     programs authorized pursuant to section 5(f) of the Commodity 
     Credit Corporation Charter Act of June 29, 1948, as amended, 
     section 4(b) of the Food for Peace Act of 1966, as amended 
     (Public Law 89-808), or section 202 of the Agricultural Trade 
     Act of 1978, as amended (Public Law 95-501); $27,000,000, to 
     remain available until expended: Provided, That not to exceed 
     $1,500,000 of such funds may be used for implementation of 
     improvements in the foreign credit reporting system of the 
     United States government.


         micro and small enterprise development program account

       For the cost of direct loans and loan guarantees, 
     $1,500,000, as authorized by section 108 of the Foreign 
     Assistance Act of 1961, as amended: Provided, That such costs 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974: Provided further, That guarantees of 
     loans made under this heading in support of microenterprise 
     activities may guarantee up to 70 percent of the principal 
     amount of any such loans notwithstanding section 108 of the 
     Foreign Assistance Act of 1961. In addition, for 
     administrative expenses to carry out programs under this 
     heading, $500,000, all of which may be transferred to and 
     merged with the appropriation for Operating Expenses of the 
     Agency for International Development: Provided further, That 
     funds made available under this heading shall remain 
     available until September 30, 1999.


             URBAN AND ENVIRONMENTAL CREDIT PROGRAM ACCOUNT

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of guaranteed loans 
     authorized by sections 221 and 222 of the Foreign Assistance 
     Act of 1961, including the cost of guaranteed loans designed 
     to promote the urban and environmental policies and 
     objectives of part I of such Act, $3,000,000, to remain 
     available until September 30, 1999: Provided, That these 
     funds are available to subsidize loan principal, 100 percent 
     of which shall be guaranteed, pursuant to the authority of 
     such sections. In addition, for administrative expenses to 
     carry out guaranteed loan programs, $6,000,000, all of which 
     may be transferred to and merged with the appropriation for 
     Operating Expenses of the Agency for International 
     Development: Provided further, That commitments to guarantee 
     loans under this heading may be entered into notwithstanding 
     the second and third sentences of section 222(a) and, with 
     regard to programs for Central and Eastern Europe and 
     programs for the benefit of South Africans disadvantaged by 
     apartheid, section 223(j) of the Foreign Assistance Act of 
     1961.


     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

       For payment to the ``Foreign Service Retirement and 
     Disability Fund'', as authorized by the Foreign Service Act 
     of 1980, $44,208,000.


     operating expenses of the agency for international development

       For necessary expenses to carry out the provisions of 
     section 667, $473,000,000: Provided, That none of the funds 
     appropriated by this Act for programs administered by the 
     Agency for International Development may be used to finance 
     printing costs of any report or study (except feasibility, 
     design, or evaluation reports or studies) in excess of 
     $25,000 without the approval of the Administrator of the 
     Agency or the Administrator's designee.


 OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE 
                          OF INSPECTOR GENERAL

       For necessary expenses to carry out the provisions of 
     section 667, $29,047,000, to remain available until September 
     30, 1999, which sum shall be available for the Office of the 
     Inspector General of the Agency for International 
     Development.

                  Other Bilateral Economic Assistance


                         economic support fund

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II, $2,400,000,000, to remain available 
     until September 30, 1999: Provided, That of the funds 
     appropriated under this heading, not less than $1,200,000,000 
     shall be available only for Israel, which sum shall be 
     available on a grant basis as a cash transfer and shall be 
     disbursed within thirty days of enactment of this Act or by 
     October 31, 1997, whichever is later: Provided further, That 
     not less than $815,000,000 shall be available only for Egypt, 
     which sum shall be provided on a grant basis, and of which 
     sum cash transfer assistance may be provided, with the 
     understanding that Egypt will undertake significant economic 
     reforms which are additional to those which were undertaken 
     in previous fiscal years: Provided further, That in 
     exercising the authority to provide cash transfer assistance 
     for Israel, the President shall ensure that the level of such 
     assistance does not cause an adverse impact on the total 
     level of nonmilitary exports from the United States to such 
     country: Provided further, That of the funds appropriated 
     under this heading, not less than $150,000,000 shall be made 
     available for Jordan: Provided further, That of the funds 
     made available under this heading in previous Acts making 
     appropriations for foreign operations, export financing, and 
     related programs, notwithstanding any provision in any

[[Page S12351]]

     such heading in such previous Acts, up to $116,000,000 may be 
     allocated or made available for programs and activities under 
     this heading including the Middle East Peace and Stability 
     Fund: Provided further, That in carrying out the previous 
     proviso, the President should seek to ensure to the extent 
     feasible that not more than 1 percent of the amount specified 
     in section 586 of this Act should be derived from funds that 
     would otherwise be made available for any single country: 
     Provided further, That funds provided for the Middle East 
     Peace and Stability Fund by a country in the region under the 
     authority of section 635(d) of the Foreign Assistance Act of 
     1961, and funds made available for Jordan following the date 
     of enactment of this Act from previous Acts making 
     appropriations for foreign operations, export financing, and 
     related programs, shall count toward meeting the earmark 
     contained in the fourth proviso under this heading: Provided 
     further, That up to $10,000,000 of funds under this heading 
     in previous foreign operations, export financing, and related 
     programs appropriations Acts that were reprogrammed for 
     Jordan during fiscal year 1997 shall also count toward such 
     earmark: Provided further, That, in order to facilitate the 
     implementation of the fourth proviso under this heading, the 
     requirement of section 515 of this Act or any similar 
     provision of law shall not apply to the making available of 
     funds appropriated for a fiscal year for programs, projects, 
     or activities that were justified for another fiscal year: 
     Provided further, That for fiscal year 1998 such portions of 
     the notification required under section 653 of the Foreign 
     Assistance Act of 1961 that relate to the Middle East may be 
     submitted to the Congress as soon as practicable, but no 
     later than March 1, 1998: Provided further, That during 
     fiscal year 1998, of the local currencies generated from 
     funds made available under this heading for Guatemala by this 
     Act and prior Appropriations Acts, the United States and 
     Guatemala may jointly program the Guatemala quetzales 
     equivalent of a total of up to $10,000,000 for the purpose of 
     retiring the debt owed by universities in Guatemala to the 
     Inter-American Development Bank.


                     international fund for ireland

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $19,600,000, which shall be available for the United States 
     contribution to the International Fund for Ireland and shall 
     be made available in accordance with the provisions of the 
     Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
     415): Provided, That such amount shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities: Provided further, That funds made available 
     under this heading shall remain available until September 30, 
     1999.


          assistance for eastern europe and the baltic states

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 and the Support for East 
     European Democracy (SEED) Act of 1989, $485,000,000, to 
     remain available until September 30, 1999, which shall be 
     available, notwithstanding any other provision of law, for 
     economic assistance and for related programs for Eastern 
     Europe and the Baltic States.
       (b) Funds appropriated under this heading or in prior 
     appropriations Acts that are or have been made available for 
     an Enterprise Fund may be deposited by such Fund in interest-
     bearing accounts prior to the Fund's disbursement of such 
     funds for program purposes. The Fund may retain for such 
     program purposes any interest earned on such deposits without 
     returning such interest to the Treasury of the United States 
     and without further appropriation by the Congress. Funds made 
     available for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities.
       (c) Funds appropriated under this heading shall be 
     considered to be economic assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities contained in that Act for the use 
     of economic assistance.
       (d) None of the funds appropriated under this heading may 
     be made available for new housing construction or repair or 
     reconstruction of existing housing in Bosnia and Herzegovina 
     unless directly related to the efforts of United States 
     troops to promote peace in said country.
       (e) With regard to funds appropriated or otherwise made 
     available under this heading for the economic revitalization 
     program in Bosnia and Herzegovina, and local currencies 
     generated by such funds (including the conversion of funds 
     appropriated under this heading into currency used by Bosnia 
     and Herzegovina as local currency and local currency returned 
     or repaid under such program)--
       (1) the Administrator of the Agency for International 
     Development shall provide written approval for grants and 
     loans prior to the obligation and expenditure of funds for 
     such purposes, and prior to the use of funds that have been 
     returned or repaid to any lending facility or grantee; and
       (2) the provisions of section 532 of this Act shall apply.
       (f) The President is authorized to withhold funds 
     appropriated under this heading made available for economic 
     revitalization programs in Bosnia and Herzegovina, if he 
     determines and certifies to the Committees on Appropriations 
     that the Federation of Bosnia and Herzegovina has not 
     complied with article III of annex 1-A of the General 
     Framework Agreement for Peace in Bosnia and Herzegovina 
     concerning the withdrawal of foreign forces, and that 
     intelligence cooperation on training, investigations, and 
     related activities between Iranian officials and Bosnian 
     officials has not been terminated.
       (g) Not to exceed $200,000,000 of the funds appropriated 
     under this heading may be made available for Bosnia and 
     Herzegovina exclusive of assistance for police training.
       (h) Not to exceed $7,000,000 of the funds made available 
     for Bosnia and Herzegovina may be made available for the 
     cost, as defined in section 502 of the Congressional Budget 
     Act of 1974, of modifying direct loans and loan guarantees 
     for said country.


  assistance for the new independent states of the former soviet union

       (a) For necessary expenses to carry out the provisions of 
     chapter 11 of part I of the Foreign Assistance Act of 1961 
     and the FREEDOM Support Act, for assistance for the new 
     independent states of the former Soviet Union and for related 
     programs, $770,000,000, to remain available until September 
     30, 1999: Provided, That the provisions of such chapter shall 
     apply to funds appropriated by this paragraph.
       (b) None of the funds appropriated under this heading shall 
     be made available to the Government of Russia--
       (1) unless that Government is making progress in 
     implementing comprehensive economic reforms based on market 
     principles, private ownership, negotiating repayment of 
     commercial debt, respect for commercial contracts, and 
     equitable treatment of foreign private investment;
       (2) if that Government applies or transfers United States 
     assistance to any entity for the purpose of expropriating or 
     seizing ownership or control of assets, investments, or 
     ventures; and
       (3) funds may be furnished without regard to this 
     subsection if the President determines that to do so is in 
     the national interest.
       (c) None of the funds appropriated under this heading shall 
     be made available to any government of the new independent 
     states of the former Soviet Union if that government directs 
     any action in violation of the territorial integrity or 
     national sovereignty of any other new independent state, such 
     as those violations included in the Helsinki Final Act: 
     Provided, That such funds may be made available without 
     regard to the restriction in this subsection if the President 
     determines that to do so is in the national security interest 
     of the United States: Provided further, That the restriction 
     of this subsection shall not apply to the use of such funds 
     for the provision of assistance for purposes of humanitarian 
     and refugee relief.
       (d) None of the funds appropriated under this heading for 
     the new independent states of the former Soviet Union shall 
     be made available for any state to enhance its military 
     capability: Provided, That this restriction does not apply to 
     demilitarization, demining, or nonproliferation programs.
       (e) Funds appropriated under this heading shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations.
       (f) Funds made available in this Act for assistance to the 
     new independent states of the former Soviet Union shall be 
     subject to the provisions of section 117 (relating to 
     environment and natural resources) of the Foreign Assistance 
     Act of 1961.
       (g) Funds appropriated under title II of this Act, 
     including funds appropriated under this heading, may be made 
     available for assistance for Mongolia: Provided, That funds 
     made available for assistance for Mongolia may be made 
     available in accordance with the purposes and utilizing the 
     authorities provided in chapter 11 of part I of the Foreign 
     Assistance Act of 1961.
       (h) In issuing new task orders, entering into contracts, or 
     making grants, with funds appropriated under this heading or 
     in prior appropriations Acts, for projects or activities that 
     have as one of their primary purposes the fostering of 
     private sector development, the Coordinator for United States 
     Assistance to the New Independent States and the implementing 
     agency shall encourage the participation of and give 
     significant weight to contractors and grantees who propose 
     investing a significant amount of their own resources 
     (including volunteer services and in-kind contributions) in 
     such projects and activities.
       (i) Funds appropriated under this heading or in prior 
     appropriations Acts that are or have been made available for 
     an Enterprise Fund may be deposited by such Fund in interest-
     bearing accounts prior to the disbursement of such funds by 
     the Fund for program purposes. The Fund may retain for such 
     program proposes any interest earned on such deposits without 
     returning such interest to the Treasury of the United States 
     and without further appropriation by the Congress. Funds made 
     available for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities.
       (j)(1) Of the funds appropriated under this heading that 
     are allocated for assistance for the Government of Russia, 50 
     percent shall be withheld from obligation until the President 
     determines and certifies in writing to the Committees on 
     Appropriations that the Government of Russia has terminated 
     implementation of arrangements to provide Iran with technical 
     expertise, training, technology, or equipment necessary to 
     develop a nuclear reactor, related nuclear research 
     facilities or programs, or ballistic missile capability.
       (2) Notwithstanding paragraph (1) assistance may be 
     provided for the Government of Russia if the President 
     determines and certifies to the Committees on Appropriations 
     that making such funds available (A) is vital to the national 
     security interest of the United States, and (B) that the 
     Government of Russia is taking meaningful steps to limit 
     major supply contracts and to curtail the transfer of 
     technology and technological expertise related to activities 
     referred to in paragraph (1).
       (k) Of the funds appropriated under this heading, not less 
     than $225,000,000 shall be made available for Ukraine, which 
     sum shall be provided with the understanding that Ukraine 
     will

[[Page S12352]]

     undertake significant economic reforms which are additional 
     to those which were undertaken in the previous fiscal year: 
     Provided, That 50 percent of the amount made available in 
     this subsection, exclusive of funds made available for 
     election related initiatives and nuclear reactor safety 
     activities, shall be withheld from obligation and expenditure 
     until the Secretary of State determines and certifies no 
     later than April 30, 1998, that the Government of Ukraine has 
     made significant progress toward resolving complaints made by 
     United States investors to the United States embassy prior to 
     April 30, 1997: Provided further, That funds made available 
     under this subsection, and funds appropriated for Ukraine in 
     the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1997 as contained in Public Law 
     104-208 shall be made available to complete the preparation 
     of safety analysis reports at each nuclear reactor in Ukraine 
     over the next three years.
       (l) Of the funds appropriated under this heading, not less 
     than $250,000,000 shall be made available for assistance for 
     the Southern Caucasus region: Provided, That of the funds 
     provided under this subsection 37 percent shall be made 
     available for Georgia and 35 percent shall be made available 
     for Armenia: Provided further, That of the funds made 
     available for the Southern Caucasus region, 28 percent should 
     be used for reconstruction and remedial activities relating 
     to the consequences of conflicts within the region, 
     especially those in the vicinity of Abkhazia and Nagorno-
     Karabakh: Provided further, That if the Secretary of State 
     after May 30, 1998, determines and reports to the relevant 
     Committees of Congress that the full amount of reconstruction 
     and remedial funds that may be made available under the 
     previous proviso cannot be effectively utilized, up to 62.5 
     percent of the amount provided under the previous proviso for 
     reconstruction and remediation may be used for other purposes 
     under this heading.
       (m) Funds provided under the previous subsection shall be 
     made available for humanitarian assistance for refugees, 
     displaced persons, and needy civilians affected by the 
     conflicts in the Southern Caucasus region, including those in 
     the vicinity of Abkhazia and Nagorno-Karabakh, 
     notwithstanding any other provision of this or any other Act.
       (n) Funds made available under this Act or any other Act 
     may not be provided for assistance to the Government of 
     Azerbaijan until the President determines, and so reports to 
     the Congress, that the Government of Azerbaijan is taking 
     demonstrable steps to cease all blockades against Armenia and 
     Nagorno-Karabakh: Provided, That the restriction of this 
     subsection and section 907 of the FREEDOM Support Act shall 
     not apply to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421); and
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity.
       (o) None of the funds appropriated under this heading or in 
     prior appropriations legislation may be made available to 
     establish a joint public-private entity or organization 
     engaged in the management of activities or projects supported 
     by the Defense Enterprise Fund.

                           Independent Agency


                              PEACE CORPS

       For expenses necessary to carry out the provisions of the 
     Peace Corps Act (75 Stat. 612), $222,000,000, including the 
     purchase of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States: 
     Provided, That none of the funds appropriated under this 
     heading shall be used to pay for abortions: Provided further, 
     That funds appropriated under this heading shall remain 
     available until September 30, 1999.

                          Department of State


                    international narcotics control

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $215,000,000: Provided, That 
     during fiscal year 1998, the Department of State may also use 
     the authority of section 608 of the Act, without regard to 
     its restrictions, to receive non-lethal excess property from 
     an agency of the United States Government for the purpose of 
     providing it to a foreign country under chapter 8 of part I 
     of that Act subject to the regular notification procedures of 
     the Committees on Appropriations: Provided further, That not 
     later than sixty days after the date of enactment of this 
     Act, the Secretary of State in consultation with the Director 
     of the Office of National Drug Control Policy shall submit a 
     report to the Committees on Appropriations containing: (1) a 
     list of all countries in which the United States carries out 
     international counter-narcotics activities; (2) the number, 
     mission and agency affiliation of United States personnel 
     assigned to each such country; and (3) all costs and expenses 
     obligated for each program, project or activity by each 
     United States agency in each country: Provided further, That 
     of the amount made available under this heading not to exceed 
     $5,000,000 shall be allocated to operate the Western 
     Hemisphere International Law Enforcement Academy: Provided 
     further, That 10 percent of the funds appropriated under this 
     heading shall not be available for obligation until the 
     Secretary of State submits a report to the Committees on 
     Appropriations providing a financial plan for the funds 
     appropriated under this heading and under the heading 
     ``Narcotics Interdiction''.


                         Narcotics Interdiction

       For necessary expenses to carry out the provisions of 
     section 481 of the Foreign Assistance Act of 1961, 
     $15,000,000, to remain available until expended, in addition 
     to amounts otherwise available for such purposes, which shall 
     be available for assistance, including procurement, for 
     support of air drug interdiction and eradication and other 
     related purposes: Provided, That funds appropriated under 
     this heading shall be made available subject to the regular 
     notification procedures of the Committees on Appropriations.


                    migration and refugee assistance

       For expenses, not otherwise provided for, necessary to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High Commissioner for Refugees, and other activities 
     to meet refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $650,000,000: 
     Provided, That not more than $12,000,000 shall be available 
     for administrative expenses: Provided further, That not less 
     than $80,000,000 shall be made available for refugees from 
     the former Soviet Union and Eastern Europe and other refugees 
     resettling in Israel.


                    REFUGEE RESETTLEMENT ASSISTANCE

       For necessary expenses for the targeted assistance program 
     authorized by title IV of the Immigration and Nationality Act 
     and section 501 of the Refugee Education Assistance Act of 
     1980 and administered by the Office of Refugee Resettlement 
     of the Department of Health and Human Services, in addition 
     to amounts otherwise available for such purposes, $5,000,000.


     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 260(c)), $50,000,000, to remain 
     available until expended: Provided, That the funds made 
     available under this heading are appropriated notwithstanding 
     the provisions contained in section 2(c)(2) of the Migration 
     and Refugee Assistance Act of 1962 which would limit the 
     amount of funds which could be appropriated for this purpose.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-terrorism 
     and related programs and activities, $133,000,000, to carry 
     out the provisions of chapter 8 of part II of the Foreign 
     Assistance Act of 1961 for anti-terrorism assistance, section 
     504 of the FREEDOM Support Act for the Nonproliferation and 
     Disarmament Fund, section 23 of the Arms Export Control Act 
     or the Foreign Assistance Act of 1961 for demining, the 
     clearance of unexploded ordnance, and related activities, 
     notwithstanding any other provision of law, including 
     activities implemented through nongovernmental and 
     international organizations, section 301 of the Foreign 
     Assistance Act of 1961 for a voluntary contribution to the 
     International Atomic Energy Agency (IAEA) and a voluntary 
     contribution to the Korean Peninsula Energy Development 
     Organization (KEDO): Provided, That of this amount not to 
     exceed $15,000,000, to remain available until expended, may 
     be made available for the Nonproliferation and Disarmament 
     Fund, notwithstanding any other provision of law, to promote 
     bilateral and multilateral activities relating to 
     nonproliferation and disarmament: Provided further, That such 
     funds may also be used for such countries other than the new 
     independent states of the former Soviet Union and 
     international organizations when it is in the national 
     security interest of the United States to do so: Provided 
     further, That such funds shall be subject to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That funds appropriated under this heading 
     may be made available for the International Atomic Energy 
     Agency only if the Secretary of State determines (and so 
     reports to the Congress) that Israel is not being denied its 
     right to participate in the activities of that Agency: 
     Provided further, That not to exceed $30,000,000 may be made 
     available to the Korean Peninsula Energy Development 
     Organization (KEDO) only for the administrative expenses and 
     heavy fuel oil costs associated with the Agreed Framework: 
     Provided further, That such funds may be obligated to KEDO 
     only if, thirty days prior to such obligation of funds, the 
     President certifies and so reports to Congress that: (1)(A) 
     the parties to the Agreed Framework are taking steps to 
     assure that progress is made on the implementation of the 
     January 1, 1992, Joint Declaration on the Denuclearization of 
     the Korean Peninsula and the implementation of the North-
     South dialogue, and (B) North Korea is complying with the 
     other provisions of the Agreed Framework between North Korea 
     and the United States and with the Confidential Minute; (2) 
     North Korea is cooperating fully in the canning and safe 
     storage of all spent fuel from its graphite-moderated nuclear 
     reactors and that such canning and safe storage is scheduled 
     to be completed by April 1, 1998; and (3) North Korea has not 
     significantly diverted assistance provided by the United 
     States for purposes for which it was not intended: Provided 
     further, That the President may waive the certification 
     requirements of the preceding proviso if the President 
     determines that it is vital to the national security 
     interests of the United States: Provided further, That no 
     funds may be obligated for KEDO until thirty calendar days 
     after submission to Congress of the waiver permitted under 
     the preceding proviso: Provided further, That the obligation 
     of

[[Page S12353]]

     any funds for KEDO shall be subject to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That the Secretary of State shall submit to 
     the appropriate congressional committees an annual report (to 
     be submitted with the annual presentation for appropriations) 
     providing a full and detailed accounting of the fiscal year 
     request for the United States contribution to KEDO, the 
     expected operating budget of the Korean Peninsula Energy 
     Development Organization, to include unpaid debt, proposed 
     annual costs associated with heavy fuel oil purchases, and 
     the amount of funds pledged by other donor nations and 
     organizations to support KEDO activities on a per country 
     basis, and other related activities: Provided further, That 
     of the funds made available under this heading, up to 
     $10,000,000 may be made available to the Korean Peninsula 
     Energy Development Organization (KEDO), in addition to funds 
     otherwise made available under this heading for KEDO, if the 
     Secretary of State certifies and reports to the Committees on 
     Appropriations that, except for the funds made available 
     under this proviso, funds sufficient to cover all outstanding 
     debts owed by KEDO for heavy fuel oil have been provided to 
     KEDO by donors other than the United States.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President


             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $50,000,000: Provided, That the civilian personnel for whom 
     military education and training may be provided under this 
     heading may include civilians who are not members of a 
     government whose participation would contribute to improved 
     civil-military relations, civilian control of the military, 
     or respect for human rights: Provided further, That funds 
     appropriated under this heading for grant financed military 
     education and training for Indonesia and Guatemala may only 
     be available for expanded international military education 
     and training and funds made available for Guatemala may only 
     be provided through the regular notification procedures of 
     the Committees on Appropriations: Provided further, That none 
     of the funds appropriated under this heading may be made 
     available to support grant financed military education and 
     training at the School of the Americas unless: (1) the 
     Secretary of Defense certifies that the instruction and 
     training provided by the School of the Americas is fully 
     consistent with training and doctrine, particularly with 
     respect to the observance of human rights, provided by the 
     Department of Defense to United States military students at 
     Department of Defense institutions whose primary purpose is 
     to train United States military personnel; (2) the Secretary 
     of Defense certifies that the Secretary of State, in 
     consultation with the Secretary of Defense, has developed and 
     issued specific guidelines governing the selection and 
     screening of candidates for instruction at the School of the 
     Americas; and (3) the Secretary of Defense submits to the 
     Committees on Appropriations a report detailing the training 
     activities of the School of the Americas and a general 
     assessment regarding the performance of its graduates during 
     1996.


                   foreign military financing program

       For expenses necessary for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $3,296,550,000: Provided, That of the funds 
     appropriated under this heading, not less than $1,800,000,000 
     shall be available for grants only for Israel, and not less 
     than $1,300,000,000 shall be made available for grants only 
     for Egypt: Provided further, That the funds appropriated by 
     this paragraph for Israel shall be disbursed within thirty 
     days of enactment of this Act or by October 31, 1997, 
     whichever is later: Provided further, That to the extent that 
     the Government of Israel requests that funds be used for such 
     purposes, grants made available for Israel by this paragraph 
     shall, as agreed by Israel and the United States, be 
     available for advanced weapons systems, of which not less 
     than $475,000,000 shall be available for the procurement in 
     Israel of defense articles and defense services, including 
     research and development: Provided further, That of the funds 
     appropriated by this paragraph, not less than $75,000,000 
     shall be available for assistance for Jordan: Provided 
     further, That during fiscal year 1998 the President is 
     authorized to, and shall, direct drawdowns of defense 
     articles from the stocks of the Department of Defense, 
     defense services of the Department of Defense, and military 
     education and training of an aggregate value of not less than 
     $25,000,000 under the authority of this proviso for Jordan 
     for the purposes of part II of the Foreign Assistance Act of 
     1961, and any amount so directed shall count toward meeting 
     the earmark in the previous proviso: Provided further, That 
     section 506(c) of the Foreign Assistance Act of 1961 shall 
     apply, and section 632(d) of the Foreign Assistance Act of 
     1961 shall not apply, to any such drawdown: Provided further, 
     That of the funds appropriated by this paragraph, a total of 
     $18,300,000 should be available for assistance for Estonia, 
     Latvia, and Lithuania: Provided further, That none of the 
     funds made available under this heading shall be available 
     for any non-NATO country participating in the Partnership for 
     Peace Program except through the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That funds appropriated by this paragraph shall be 
     nonrepayable notwithstanding any requirement in section 23 of 
     the Arms Export Control Act: Provided further, That funds 
     made available under this paragraph shall be obligated upon 
     apportionment in accordance with paragraph (5)(C) of title 
     31, United States Code, section 1501(a): Provided further, 
     That $50,000,000 of the funds appropriated or otherwise made 
     available under this heading should be made available for the 
     purpose of facilitating the integration of Poland, Hungary, 
     and the Czech Republic into the North Atlantic Treaty 
     Organization.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of direct loans authorized 
     by section 23 of the Arms Export Control Act as follows: cost 
     of direct loans, $60,000,000: Provided, That these funds are 
     available to subsidize gross obligations for the principal 
     amount of direct loans of not to exceed $657,000,000: 
     Provided further, That the rate of interest charged on such 
     loans shall be not less than the current average market yield 
     on outstanding marketable obligations of the United States of 
     comparable maturities: Provided further, That funds 
     appropriated under this paragraph shall be made available for 
     Greece and Turkey only on a loan basis, and the principal 
     amount of direct loans for each country shall not exceed the 
     following: $105,000,000 only for Greece and $150,000,000 only 
     for Turkey.
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurements has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurements may be financed with such funds: 
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 515 of this Act: Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for Sudan and Liberia: Provided 
     further, That funds made available under this heading may be 
     used, notwithstanding any other provision of law, for 
     demining, the clearance of unexploded ordnance, and related 
     activities and may include activities implemented through 
     nongovernmental and international organizations: Provided 
     further, That only those countries for which assistance was 
     justified for the ``Foreign Military Sales Financing 
     Program'' in the fiscal year 1989 congressional presentation 
     for security assistance programs may utilize funds made 
     available under this heading for procurement of defense 
     articles, defense services or design and construction 
     services that are not sold by the United States Government 
     under the Arms Export Control Act: Provided further, That, 
     subject to the regular notification procedures of the 
     Committees on Appropriations, funds made available under this 
     heading for the cost of direct loans may also be used to 
     supplement the funds available under this heading for grants, 
     and funds made available under this heading for grants may 
     also be used to supplement the funds available under this 
     heading for the cost of direct loans: Provided further, That 
     funds appropriated under this heading shall be expended at 
     the minimum rate necessary to make timely payment for defense 
     articles and services: Provided further, That not more than 
     $23,250,000 of the funds appropriated under this heading may 
     be obligated for necessary expenses, including the purchase 
     of passenger motor vehicles for replacement only for use 
     outside of the United States, for the general costs of 
     administering military assistance and sales: Provided 
     further, That none of the funds under this heading shall be 
     available for Guatemala: Provided further, That not more than 
     $350,000,000 of funds realized pursuant to section 
     21(e)(1)(A) of the Arms Export Control Act may be obligated 
     for expenses incurred by the Department of Defense during 
     fiscal year 1998 pursuant to section 43(b) of the Arms Export 
     Control Act, except that this limitation may be exceeded only 
     through the regular notification procedures of the Committees 
     on Appropriations.


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $77,500,000: Provided, That none of the funds appropriated 
     under this heading shall be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president

                  international financial institutions

     contribution to the international bank for reconstruction and 
                              development

       For payment to the International Bank for Reconstruction 
     and Development by the Secretary of the Treasury, for the 
     United States contribution to the Global Environment Facility 
     (GEF), $47,500,000, to remain available until September 30, 
     1999.


       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $1,034,503,100, to remain 
     available until expended, of which $234,503,100 shall be 
     available to pay for the tenth replenishment: Provided, That 
     none of the funds may be obligated or made available until 
     the Secretary of the Treasury certifies to the Committees on 
     Appropriations that procurement restrictions applicable to 
     United States firms under the terms of the Interim Trust Fund 
     have been lifted from all funds which Interim Trust Fund 
     donors proposed to set aside for review of procurement 
     restrictions at the conclusion of the February 1997 IDA 
     Deputies Meeting in Paris.


          contribution to the inter-american development bank

       For payment to the Inter-American Development Bank by the 
     Secretary of the Treasury, for the United States share of the 
     paid-in share portion of the increase in capital stock, 
     $25,610,667, and for the United States share of the increase

[[Page S12354]]

     in the resources of the Fund for Special Operations, 
     $20,835,000, to remain available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the Inter-American 
     Development Bank may subscribe without fiscal year limitation 
     to the callable capital portion of the United States share of 
     such capital stock in an amount not to exceed $1,503,718,910.


contribution to the enterprise for the americas multilateral investment 
                                  fund

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, for the 
     United States contribution to the Fund to be administered by 
     the Inter-American Development Bank, $30,000,000 to remain 
     available until expended, which shall be available for 
     contributions previously due.


               contribution to the asian development bank

       For payment to the Asian Development Bank by the Secretary 
     of the Treasury for the United States share of the paid-in 
     portion of the increase in capital stock, $13,221,596, to 
     remain available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the Asian Development Bank 
     may subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $647,858,204.


               contribution to the asian development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increases in resources of the Asian 
     Development Fund, as authorized by the Asian Development Bank 
     Act, as amended (Public Law 89-369), $150,000,000, of which 
     $50,000,000 shall be available for contributions previously 
     due, to remain available until expended.


              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the African 
     Development Fund, $45,000,000, to remain available until 
     expended and which shall be available for contributions 
     previously due.


  contribution to the european bank for reconstruction and development

       For payment to the European Bank for Reconstruction and 
     Development by the Secretary of the Treasury, $35,778,717, 
     for the United States share of the paid-in portion of the 
     increase in capital stock, to remain available until 
     expended.


              limitation on callable capital subscriptions

       The United States Governor of the European Bank for 
     Reconstruction and Development may subscribe without fiscal 
     year limitation to the callable capital portion of the United 
     States share of such capital stock in an amount not to exceed 
     $123,237,803.

                    North American Development Bank

       For payment to the North American Development Bank by the 
     Secretary of the Treasury, for the United States share of the 
     paid-in portion of the capital stock, $56,500,000, to remain 
     available until expended of which $250,000 shall be available 
     for contributions previously due: Provided, That none of the 
     funds appropriated under this heading that are made available 
     for the Community Adjustment and Investment Program shall be 
     used for purposes other than those set out in the binational 
     agreement establishing the Bank: Provided further, That of 
     the amount appropriated under this heading, not more than 
     $41,250,000 may be expended for the purchase of such capital 
     shares in fiscal year 1998.


              limitation on callable capital subscriptions

       The United States Governor of the North American 
     Development Bank may subscribe without fiscal year limitation 
     to the callable capital portion of the United States share of 
     the capital stock of the North American Development Bank in 
     an amount not to exceed $318,750,000.


                INTERNATIONAL ORGANIZATIONS AND PROGRAMS

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $192,000,000: Provided, That none 
     of the funds appropriated under this heading shall be made 
     available for the United Nations Fund for Science and 
     Technology: Provided further, That none of the funds 
     appropriated under this heading that are made available to 
     the United Nations Population Fund (UNFPA) shall be made 
     available for activities in the People's Republic of China: 
     Provided further, That not more than $25,000,000 of the funds 
     appropriated under this heading may be made available to 
     UNFPA: Provided further, That not more than one-half of this 
     amount may be provided to UNFPA before March 1, 1998, and 
     that no later than February 15, 1998, the Secretary of State 
     shall submit a report to the Committees on Appropriations 
     indicating the amount UNFPA is budgeting for the People's 
     Republic of China in 1998: Provided further, That any amount 
     UNFPA plans to spend in the People's Republic of China in 
     1998 shall be deducted from the amount of funds provided to 
     UNFPA after March 1, 1998, pursuant to the previous provisos: 
     Provided further, That with respect to any funds appropriated 
     under this heading that are made available to UNFPA, UNFPA 
     shall be required to maintain such funds in a separate 
     account and not commingle them with any other funds: Provided 
     further, That none of the funds appropriated under this 
     heading may be made available to the Korean Peninsula Energy 
     Development Organization (KEDO) or the International Atomic 
     Energy Agency (IAEA): Provided further, That not less than 
     $4,000,000 should be made available to the World Food 
     Program.

                      TITLE V--GENERAL PROVISIONS


             OBLIGATIONS DURING LAST MONTH OF AVAILABILITY

       Sec. 501. Except for the appropriations entitled 
     ``International Disaster Assistance'', and ``United States 
     Emergency Refugee and Migration Assistance Fund'', not more 
     than 15 percent of any appropriation item made available by 
     this Act shall be obligated during the last month of 
     availability.


     PROHIBITION OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL 
                              INSTITUTIONS

       Sec. 502. Notwithstanding section 614 of the Foreign 
     Assistance Act of 1961, as amended, none of the funds 
     contained in title II of this Act may be used to carry out 
     the provisions of section 209(d) of the Foreign Assistance 
     Act of 1961.


                    LIMITATION ON RESIDENCE EXPENSES

       Sec. 503. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $126,500 shall be for 
     official residence expenses of the Agency for International 
     Development during the current fiscal year: Provided, That 
     appropriate steps shall be taken to assure that, to the 
     maximum extent possible, United States-owned foreign 
     currencies are utilized in lieu of dollars.


                         LIMITATION ON EXPENSES

       Sec. 504. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $5,000 shall be for 
     entertainment expenses of the Agency for International 
     Development during the current fiscal year.


               LIMITATION ON REPRESENTATIONAL ALLOWANCES

       Sec. 505. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $95,000 shall be 
     available for representation allowances for the Agency for 
     International Development during the current fiscal year: 
     Provided, That appropriate steps shall be taken to assure 
     that, to the maximum extent possible, United States-owned 
     foreign currencies are utilized in lieu of dollars: Provided 
     further, That of the funds made available by this Act for 
     general costs of administering military assistance and sales 
     under the heading ``Foreign Military Financing Program'', not 
     to exceed $2,000 shall be available for entertainment 
     expenses and not to exceed $50,000 shall be available for 
     representation allowances: Provided further, That of the 
     funds made available by this Act under the heading 
     ``International Military Education and Training'', not to 
     exceed $50,000 shall be available for entertainment 
     allowances: Provided further, That of the funds made 
     available by this Act for the Inter-American Foundation, not 
     to exceed $2,000 shall be available for entertainment and 
     representation allowances: Provided further, That of the 
     funds made available by this Act for the Peace Corps, not to 
     exceed a total of $4,000 shall be available for entertainment 
     expenses: Provided further, That of the funds made available 
     by this Act under the heading ``Trade and Development 
     Agency'', not to exceed $2,000 shall be available for 
     representation and entertainment allowances.


                 PROHIBITION ON FINANCING NUCLEAR GOODS

       Sec. 506. None of the funds appropriated or made available 
     (other than funds for ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'') pursuant to this Act, for 
     carrying out the Foreign Assistance Act of 1961, may be used, 
     except for purposes of nuclear safety, to finance the export 
     of nuclear equipment, fuel, or technology.


        PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

       Sec. 507. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance or reparations to Cuba, 
     Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided, 
     That for purposes of this section, the prohibition on 
     obligations or expenditures shall include direct loans, 
     credits, insurance and guarantees of the Export-Import Bank 
     or its agents.


                             MILITARY COUPS

       Sec. 508. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance to any country whose duly 
     elected Head of Government is deposed by military coup or 
     decree: Provided, That assistance may be resumed to such 
     country if the President determines and reports to the 
     Committees on Appropriations that subsequent to the 
     termination of assistance a democratically elected government 
     has taken office.


                       TRANSFERS BETWEEN ACCOUNTS

       Sec. 509. None of the funds made available by this Act may 
     be obligated under an appropriation account to which they 
     were not appropriated, except for transfers specifically 
     provided for in this Act, unless the President, prior to the 
     exercise of any authority contained in the Foreign Assistance 
     Act of 1961 to transfer funds, consults with and provides a 
     written policy justification to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                  DEOBLIGATION/REOBLIGATION AUTHORITY

       Sec. 510. (a) Amounts certified pursuant to section 1311 of 
     the Supplemental Appropriations Act, 1955, as having been 
     obligated against appropriations heretofore made under the 
     authority of the Foreign Assistance Act of 1961 for the same 
     general purpose as any of the headings under title II of this 
     Act are, if deobligated, hereby continued available for the 
     same period as the respective appropriations under such 
     headings or until September 30, 1998, whichever is later, and 
     for the same general purpose, and

[[Page S12355]]

     for countries within the same region as originally obligated: 
     Provided, That the Appropriations Committees of both Houses 
     of the Congress are notified fifteen days in advance of the 
     reobligation of such funds in accordance with regular 
     notification procedures of the Committees on Appropriations.
       (b) Obligated balances of funds appropriated to carry out 
     section 23 of the Arms Export Control Act as of the end of 
     the fiscal year immediately preceding the current fiscal year 
     are, if deobligated, hereby continued available during the 
     current fiscal year for the same purpose under any authority 
     applicable to such appropriations under this Act: Provided, 
     That the authority of this subsection may not be used in 
     fiscal year 1998.


                         Availability of Funds

       Sec. 511. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, and 11 of part I, section 667, 
     and chapter 4 of part II of the Foreign Assistance Act of 
     1961, as amended, and funds provided under the heading 
     ``Assistance for Eastern Europe and the Baltic States'', 
     shall remain available until expended if such funds are 
     initially obligated before the expiration of their respective 
     periods of availability contained in this Act: Provided 
     further, That, notwithstanding any other provision of this 
     Act, any funds made available for the purposes of chapter 1 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 which are allocated or obligated for cash 
     disbursements in order to address balance of payments or 
     economic policy reform objectives, shall remain available 
     until expended: Provided further, That the report required by 
     section 653(a) of the Foreign Assistance Act of 1961 shall 
     designate for each country, to the extent known at the time 
     of submission of such report, those funds allocated for cash 
     disbursement for balance of payment and economic policy 
     reform purposes.


            LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

       Sec. 512. No part of any appropriation contained in this 
     Act shall be used to furnish assistance to any country which 
     is in default during a period in excess of one calendar year 
     in payment to the United States of principal or interest on 
     any loan made to such country by the United States pursuant 
     to a program for which funds are appropriated under this Act: 
     Provided, That this section and section 620(q) of the Foreign 
     Assistance Act of 1961 shall not apply to funds made 
     available in this Act or during the current fiscal year for 
     Nicaragua and Liberia, and for any narcotics-related 
     assistance for Colombia, Bolivia, and Peru authorized by the 
     Foreign Assistance Act of 1961 or the Arms Export Control 
     Act.


                           COMMERCE AND TRADE

       Sec. 513. (a) None of the funds appropriated or made 
     available pursuant to this Act for direct assistance and none 
     of the funds otherwise made available pursuant to this Act to 
     the Export-Import Bank and the Overseas Private Investment 
     Corporation shall be obligated or expended to finance any 
     loan, any assistance or any other financial commitments for 
     establishing or expanding production of any commodity for 
     export by any country other than the United States, if the 
     commodity is likely to be in surplus on world markets at the 
     time the resulting productive capacity is expected to become 
     operative and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity: Provided, That such prohibition shall not apply to 
     the Export-Import Bank if in the judgment of its Board of 
     Directors the benefits to industry and employment in the 
     United States are likely to outweigh the injury to United 
     States producers of the same, similar, or competing 
     commodity, and the Chairman of the Board so notifies the 
     Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact in the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.


                          SURPLUS COMMODITIES

       Sec. 514. The Secretary of the Treasury shall instruct the 
     United States Executive Directors of the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the Asian Development Bank, the 
     Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank, and the African 
     Development Fund to use the voice and vote of the United 
     States to oppose any assistance by these institutions, using 
     funds appropriated or made available pursuant to this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.


                       NOTIFICATION REQUIREMENTS

       Sec. 515. For the purposes of providing the Executive 
     Branch with the necessary administrative flexibility, none of 
     the funds made available under this Act for ``Child Survival 
     and Disease Programs Fund'', ``Development Assistance'', 
     ``International organizations and programs'', ``Trade and 
     Development Agency'', ``International narcotics control'', 
     ``Narcotics interdiction'', ``Assistance for Eastern Europe 
     and the Baltic States'', ``Assistance for the New Independent 
     States of the Former Soviet Union'', ``Economic Support 
     Fund'', ``Peacekeeping operations'', ``Operating expenses of 
     the Agency for International Development'', ``Operating 
     expenses of the Agency for International Development Office 
     of Inspector General'', ``Nonproliferation, anti-terrorism, 
     demining and related programs'', ``Foreign Military Financing 
     Program'', ``International military education and training'', 
     ``Peace Corps'', ``Migration and refugee assistance'', shall 
     be available for obligation for activities, programs, 
     projects, type of materiel assistance, countries, or other 
     operations not justified or in excess of the amount justified 
     to the Appropriations Committees for obligation under any of 
     these specific headings unless the Appropriations Committees 
     of both Houses of Congress are previously notified fifteen 
     days in advance: Provided, That the President shall not enter 
     into any commitment of funds appropriated for the purposes of 
     section 23 of the Arms Export Control Act for the provision 
     of major defense equipment, other than conventional 
     ammunition, or other major defense items defined to be 
     aircraft, ships, missiles, or combat vehicles, not previously 
     justified to Congress or 20 percent in excess of the 
     quantities justified to Congress unless the Committees on 
     Appropriations are notified fifteen days in advance of such 
     commitment: Provided further, That this section shall not 
     apply to any reprogramming for an activity, program, or 
     project under chapter 1 of part I of the Foreign Assistance 
     Act of 1961 of less than 10 percent of the amount previously 
     justified to the Congress for obligation for such activity, 
     program, or project for the current fiscal year: Provided 
     further, That the requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare: Provided further, That in 
     case of any such waiver, notification to the Congress, or the 
     appropriate congressional committees, shall be provided as 
     early as practicable, but in no event later than three days 
     after taking the action to which such notification 
     requirement was applicable, in the context of the 
     circumstances necessitating such waiver: Provided further, 
     That any notification provided pursuant to such a waiver 
     shall contain an explanation of the emergency circumstances.
       Drawdowns made pursuant to section 506(a)(2) of the Foreign 
     Assistance Act of 1961 shall be subject to the regular 
     notification procedures of the Committees on Appropriations.


limitation on availability of funds for international organizations and 
                                programs

       Sec. 516. Notwithstanding any other provision of law or of 
     this Act, none of the funds provided for ``International 
     Organizations and Programs'' shall be available for the 
     United States proportionate share, in accordance with section 
     307(c) of the Foreign Assistance Act of 1961, for any 
     programs identified in section 307, or for Libya, Iran, or, 
     at the discretion of the President, Communist countries 
     listed in section 620(f) of the Foreign Assistance Act of 
     1961, as amended: Provided, That, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     funds appropriated under this Act or any previously enacted 
     Act making appropriations for foreign operations, export 
     financing, and related programs, which are returned or not 
     made available for organizations and programs because of the 
     implementation of this section or any similar provision of 
     law, shall remain available for obligation through September 
     30, 1999.


              economic support fund assistance for israel

       Sec. 517. The Congress finds that progress on the peace 
     process in the Middle East is vitally important to United 
     States security interests in the region. The Congress 
     recognizes that, in fulfilling its obligations under the 
     Treaty of Peace Between the Arab Republic of Egypt and the 
     State of Israel, done at Washington on March 26, 1979, Israel 
     incurred severe economic burdens. Furthermore, the Congress 
     recognizes that an economically and militarily secure Israel 
     serves the security interests of the United States, for a 
     secure Israel is an Israel which has the incentive and 
     confidence to continue pursuing the peace process. Therefore, 
     the Congress declares that, subject to the availability of 
     appropriations, it is the policy and the intention of the 
     United States that the funds provided in annual 
     appropriations for the Economic Support Fund which are 
     allocated to Israel shall not be less than the annual debt 
     repayment (interest and principal) from Israel to the United 
     States Government in recognition that such a principle serves 
     United States interests in the region.


   prohibition on funding for abortions and involuntary sterilization

       Sec. 518. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds

[[Page S12356]]

     made available to carry out part I of the Foreign Assistance 
     Act of 1961, as amended, may be used to pay for any 
     biomedical research which relates in whole or in part, to 
     methods of, or the performance of, abortions or involuntary 
     sterilization as a means of family planning. None of the 
     funds made available to carry out part I of the Foreign 
     Assistance Act of 1961, as amended, may be obligated or 
     expended for any country or organization if the President 
     certifies that the use of these funds by any such country or 
     organization would violate any of the above provisions 
     related to abortions and involuntary sterilizations: 
     Provided, That none of the funds made available under this 
     Act may be used to lobby for or against abortion.


                         reporting requirement

       Sec. 519. Section 25 of the Arms Export Control Act is 
     amended--
       (1) in subsection (a), by striking ``Congress'' and 
     inserting in lieu thereof ``appropriate congressional 
     committees'';
       (2) in subsection (b), by striking ``the Committee on 
     Foreign Relations of the Senate or the Committee on Foreign 
     Affairs of the House of Representatives'' and inserting in 
     lieu thereof ``any of the congressional committees described 
     in subsection (e)''; and
       (3) by adding the following subsection:
       ``(e) As used in this section, the term `appropriate 
     congressional committees' means the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on International Relations and the 
     Committee on Appropriations of the House of 
     Representatives.''.


                   SPECIAL NOTIFICATION REQUIREMENTS

       Sec. 520. None of the funds appropriated in this Act shall 
     be obligated or expended for Colombia, Haiti, Liberia, 
     Pakistan, Panama, Peru, Serbia, Sudan, or the Democratic 
     Republic of Congo except as provided through the regular 
     notification procedures of the Committees on Appropriations.


              DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

       Sec. 521. For the purpose of this Act, ``program, project, 
     and activity'' shall be defined at the Appropriations Act 
     account level and shall include all Appropriations and 
     Authorizations Acts earmarks, ceilings, and limitations with 
     the exception that for the following accounts: Economic 
     Support Fund and Foreign Military Financing Program, 
     ``program, project, and activity'' shall also be considered 
     to include country, regional, and central program level 
     funding within each such account; for the development 
     assistance accounts of the Agency for International 
     Development ``program, project, and activity'' shall also be 
     considered to include central program level funding, either 
     as (1) justified to the Congress, or (2) allocated by the 
     executive branch in accordance with a report, to be provided 
     to the Committees on Appropriations within thirty days of 
     enactment of this Act, as required by section 653(a) of the 
     Foreign Assistance Act of 1961.


               child survival, aids, and other activities

       Sec. 522. Up to $10,000,000 of the funds made available by 
     this Act for assistance for family planning, health, child 
     survival, basic education, and AIDS, may be used to reimburse 
     United States Government agencies, agencies of State 
     governments, institutions of higher learning, and private and 
     voluntary organizations for the full cost of individuals 
     (including for the personal services of such individuals) 
     detailed or assigned to, or contracted by, as the case may 
     be, the Agency for International Development for the purpose 
     of carrying out family planning activities, child survival, 
     and basic education activities, and activities relating to 
     research on, and the treatment and control of acquired immune 
     deficiency syndrome in developing countries: Provided, That 
     funds appropriated by this Act that are made available for 
     child survival activities or activities relating to research 
     on, and the treatment and control of, acquired immune 
     deficiency syndrome may be made available notwithstanding any 
     provision of law that restricts assistance to foreign 
     countries: Provided further, That funds appropriated by this 
     Act that are made available for family planning activities 
     may be made available notwithstanding section 512 of this Act 
     and section 620(q) of the Foreign Assistance Act of 1961.


       PROHIBITION AGAINST INDIRECT FUNDING TO CERTAIN COUNTRIES

       Sec. 523. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated to finance 
     indirectly any assistance or reparations to Cuba, Iraq, 
     Libya, Iran, Syria, North Korea, or the People's Republic of 
     China, unless the President of the United States certifies 
     that the withholding of these funds is contrary to the 
     national interest of the United States.


                           RECIPROCAL LEASING

       Sec. 524. Section 61(a) of the Arms Export Control Act is 
     amended by striking out ``1997'' and inserting in lieu 
     thereof ``1998''.


                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

       Sec. 525. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as are other committees 
     pursuant to subsection (c) of that section: Provided, That 
     before issuing a letter of offer to sell excess defense 
     articles under the Arms Export Control Act, the Department of 
     Defense shall notify the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees: Provided further, That such Committees shall also 
     be informed of the original acquisition cost of such defense 
     articles.


                       AUTHORIZATION REQUIREMENT

       Sec. 526. Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 10 of Public Law 91-672 
     and section 15 of the State Department Basic Authorities Act 
     of 1956.


       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

       Sec. 527. (a) Notwithstanding any other provision of law, 
     funds appropriated for bilateral assistance under any heading 
     of this Act and funds appropriated under any such heading in 
     a provision of law enacted prior to enactment of this Act, 
     shall not be made available to any country which the 
     President determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least fifteen days before the waiver takes effect, 
     shall notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.


                 COMMERCIAL LEASING OF DEFENSE ARTICLES

       Sec. 528. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other than helicopters and other types of aircraft having 
     possible civilian application), if the President determines 
     that there are compelling foreign policy or national security 
     reasons for those defense articles being provided by 
     commercial lease rather than by government-to-government sale 
     under such Act.


                         COMPETITIVE INSURANCE

       Sec. 529. All Agency for International Development 
     contracts and solicitations, and subcontracts entered into 
     under such contracts, shall include a clause requiring that 
     United States insurance companies have a fair opportunity to 
     bid for insurance when such insurance is necessary or 
     appropriate.


                  STINGERS IN THE PERSIAN GULF REGION

       Sec. 530. Except as provided in section 581 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1990, the United States may not sell or 
     otherwise make available any Stingers to any country 
     bordering the Persian Gulf under the Arms Export Control Act 
     or chapter 2 of part II of the Foreign Assistance Act of 
     1961.


                          DEBT-FOR-DEVELOPMENT

       Sec. 531. In order to enhance the continued participation 
     of nongovernmental organizations in economic assistance 
     activities under the Foreign Assistance Act of 1961, 
     including endowments, debt-for-development and debt-for-
     nature exchanges, a nongovernmental organization which is a 
     grantee or contractor of the Agency for International 
     Development may place in interest bearing accounts funds made 
     available under this Act or prior Acts or local currencies 
     which accrue to that organization as a result of economic 
     assistance provided under title II of this Act and any 
     interest earned on such investment shall be used for the 
     purpose for which the assistance was provided to that 
     organization.


                           SEPARATE ACCOUNTS

       Sec. 532. (a) Separate Accounts for Local Currencies.--(1) 
     If assistance is furnished to the government of a foreign 
     country under chapters 1 and 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the Agency for 
     International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the Agency for International Development 
     and that government to monitor and account for deposits into 
     and disbursements from the separate account.
       (2) Uses of Local Currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming Accountability.--The Agency for 
     International Development shall take all necessary steps to 
     ensure that the equivalent of the local currencies disbursed 
     pursuant to subsection (a)(2)(A) from the separate account 
     established pursuant to subsection (a)(1) are used for the 
     purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of Assistance Programs.--Upon termination 
     of assistance to a country under chapters 1 or 10 of part I 
     or chapter 4 of part II (as the case may be), any 
     unencumbered balances of funds which remain in a separate 
     account established pursuant to subsection (a) shall be 
     disposed of for such purposes as may be

[[Page S12357]]

     agreed to by the government of that country and the United 
     States Government.
       (5) Conforming Amendments.--The provisions of this 
     subsection shall supersede the tenth and eleventh provisos 
     contained under the heading ``Sub-Saharan Africa, Development 
     Assistance'' as included in the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1989 and 
     sections 531(d) and 609 of the Foreign Assistance Act of 
     1961.
       (6) Reporting Requirement.--The Administrator of the Agency 
     for International Development shall report on an annual basis 
     as part of the justification documents submitted to the 
     Committees on Appropriations on the use of local currencies 
     for the administrative requirements of the United States 
     Government as authorized in subsection (a)(2)(B), and such 
     report shall include the amount of local currency (and United 
     States dollar equivalent) used and/or to be used for such 
     purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--(1) If 
     assistance is made available to the government of a foreign 
     country, under chapters 1 or 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961, as cash 
     transfer assistance or as nonproject sector assistance, that 
     country shall be required to maintain such funds in a 
     separate account and not commingle them with any other funds.
       (2) Applicability of Other Provisions of Law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (H. Report No. 98-
     1159).
       (3) Notification.--At least fifteen days prior to 
     obligating any such cash transfer or nonproject sector 
     assistance, the President shall submit a notification through 
     the regular notification procedures of the Committees on 
     Appropriations, which shall include a detailed description of 
     how the funds proposed to be made available will be used, 
     with a discussion of the United States interests that will be 
     served by the assistance (including, as appropriate, a 
     description of the economic policy reforms that will be 
     promoted by such assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the notification procedures of the Committees on 
     Appropriations.


  COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL 
                         FINANCIAL INSTITUTIONS

       Sec. 533. (a) No funds appropriated by this Act may be made 
     as payment to any international financial institution while 
     the United States Executive Director to such institution is 
     compensated by the institution at a rate which, together with 
     whatever compensation such Director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States Director to such institution is 
     compensated by the institution at a rate in excess of the 
     rate provided for an individual occupying a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (b) For purposes of this section, ``international financial 
     institutions'' are: the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


         compliance with united nations sanctions against iraq

       Sec. 534. None of the funds appropriated or otherwise made 
     available pursuant to this Act to carry out the Foreign 
     Assistance Act of 1961 (including title IV of chapter 2 of 
     part I, relating to the Overseas Private Investment 
     Corporation) or the Arms Export Control Act may be used to 
     provide assistance to any country that is not in compliance 
     with the United Nations Security Council sanctions against 
     Iraq unless the President determines and so certifies to the 
     Congress that--
       (1) such assistance is in the national interest of the 
     United States;
       (2) such assistance will directly benefit the needy people 
     in that country; or
       (3) the assistance to be provided will be humanitarian 
     assistance for foreign nationals who have fled Iraq and 
     Kuwait.


           competitive pricing for sales of defense articles

       Sec. 535. Direct costs associated with meeting a foreign 
     customer's additional or unique requirements will continue to 
     be allowable under contracts under section 22(d) of the Arms 
     Export Control Act. Loadings applicable to such direct costs 
     shall be permitted at the same rates applicable to 
     procurement of like items purchased by the Department of 
     Defense for its own use.


 EXTENSION OF AUTHORITY TO OBLIGATE FUNDS TO CLOSE THE SPECIAL DEFENSE 
                            ACQUISITION FUND

       Sec. 536. Title III of Public Law 103-306 is amended under 
     the heading ``Special Defense Acquisition Fund'' by striking 
     ``1998'' and inserting ``2000''.


AUTHORITIES FOR THE PEACE CORPS, THE INTER-AMERICAN FOUNDATION AND THE 
                     AFRICAN DEVELOPMENT FOUNDATION

       Sec. 537. Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for foreign operations, export financing, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act, or the African Development 
     Foundation Act. The appropriate agency shall promptly report 
     to the Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.


                  IMPACT ON JOBS IN THE UNITED STATES

       Sec. 538. None of the funds appropriated by this Act may be 
     obligated or expended to provide--
       (a) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States;
       (b) assistance for the purpose of establishing or 
     developing in a foreign country any export processing zone or 
     designated area in which the tax, tariff, labor, environment, 
     and safety laws of that country do not apply, in part or in 
     whole, to activities carried out within that zone or area, 
     unless the President determines and certifies that such 
     assistance is not likely to cause a loss of jobs within the 
     United States; or
       (c) assistance for any project or activity that contributes 
     to the violation of internationally recognized workers 
     rights, as defined in section 502(a)(4) of the Trade Act of 
     1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That in 
     recognition that the application of this subsection should be 
     commensurate with the level of development of the recipient 
     country and sector, the provisions of this subsection shall 
     not preclude assistance for the informal sector in such 
     country, micro and small-scale enterprise, and smallholder 
     agriculture.


                          special authorities

       Sec. 539. (a) Funds appropriated in title II of this Act 
     that are made available for Afghanistan, Lebanon, and for 
     victims of war, displaced children, displaced Burmese, 
     humanitarian assistance for Romania, and humanitarian 
     assistance for the peoples of Bosnia and Herzegovina, 
     Croatia, and Kosova, may be made available notwithstanding 
     any other provision of law.
       (b) Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106 of the Foreign 
     Assistance Act of 1961 may be used, notwithstanding any other 
     provision of law, for the purpose of supporting tropical 
     forestry and energy programs aimed at reducing emissions of 
     greenhouse gases, and for the purpose of supporting 
     biodiversity conservation activities: Provided, That such 
     assistance shall be subject to sections 116, 502B, and 620A 
     of the Foreign Assistance Act of 1961.
       (c) The Agency for International Development may employ 
     personal services contractors, notwithstanding any other 
     provision of law, for the purpose of administering programs 
     for the West Bank and Gaza.
       (d)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President Pro Tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of Application of Waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of six months at a time and shall not apply beyond twelve 
     months after enactment of this Act.


        policy on terminating the arab league boycott of israel

       Sec. 540. It is the sense of the Congress that--
       (1) the Arab League countries should immediately and 
     publicly renounce the primary boycott of Israel and the 
     secondary and tertiary boycott of American firms that have 
     commercial ties with Israel; and
       (2) the decision by the Arab League in 1997 to reinstate 
     the boycott against Israel was deeply troubling and 
     disappointing; and
       (3) the Arab League should immediately rescind its decision 
     on the boycott and its members should develop normal 
     relations with their neighbor Israel; and
       (4) the President should--
       (A) take more concrete steps to encourage vigorously Arab 
     League countries to renounce publicly the primary boycotts of 
     Israel and the secondary and tertiary boycotts of American 
     firms that have commercial relations with Israel as a 
     confidence-building measure;
       (B) take into consideration the participation of any 
     recipient country in the primary boycott of Israel and the 
     secondary and tertiary boycotts of American firms that have 
     commercial relations with Israel when determining whether to 
     sell weapons to said country;
       (C) report to Congress on the specific steps being taken by 
     the President to bring about a public renunciation of the 
     Arab primary boycott of Israel and the secondary and tertiary 
     boycotts of American firms that have commercial relations 
     with Israel and to expand the process of normalizing ties 
     between Arab League countries and Israel; and
       (D) encourage the allies and trading partners of the United 
     States to enact laws prohibiting businesses from complying 
     with the boycott and penalizing businesses that do comply.


                       anti-narcotics activities

       Sec. 541. (a) Of the funds appropriated or otherwise made 
     available by this Act for ``Economic Support Fund'', 
     assistance may be provided to strengthen the administration 
     of justice in countries in Latin America and the Caribbean 
     and in other regions consistent with the provisions of 
     section 534(b) of the Foreign Assistance Act of 1961, except 
     that programs to enhance protection of participants in 
     judicial cases may be

[[Page S12358]]

     conducted notwithstanding section 660 of that Act.
       (b) Funds made available pursuant to this section may be 
     made available notwithstanding section 534(c) and the second 
     and third sentences of section 534(e) of the Foreign 
     Assistance Act of 1961. Funds made available pursuant to 
     subsection (a) for Bolivia, Colombia, and Peru may be made 
     available notwithstanding section 534(c) and the second 
     sentence of section 534(e) of the Foreign Assistance Act of 
     1961.


                       eligibility for assistance

       Sec. 542. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1 and 10 and 11 
     of part I, and chapter 4 of part II, of the Foreign 
     Assistance Act of 1961: Provided, That the President shall 
     take into consideration, in any case in which a restriction 
     on assistance would be applicable but for this subsection, 
     whether assistance in support of programs of nongovernmental 
     organizations is in the national interest of the United 
     States: Provided further, That before using the authority of 
     this subsection to furnish assistance in support of programs 
     of nongovernmental organizations, the President shall notify 
     the Committees on Appropriations under the regular 
     notification procedures of those committees, including a 
     description of the program to be assisted, the assistance to 
     be provided, and the reasons for furnishing such assistance: 
     Provided further, That nothing in this subsection shall be 
     construed to alter any existing statutory prohibitions 
     against abortion or involuntary sterilizations contained in 
     this or any other Act.
       (b) Public Law 480.--During fiscal year 1998, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act or any comparable provision of law prohibiting assistance 
     to countries that support international terrorism; or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that violate internationally 
     recognized human rights.


                                earmarks

       Sec. 543. (a) Funds appropriated by this Act which are 
     earmarked may be reprogrammed for other programs within the 
     same account notwithstanding the earmark if compliance with 
     the earmark is made impossible by operation of any provision 
     of this or any other Act or, with respect to a country with 
     which the United States has an agreement providing the United 
     States with base rights or base access in that country, if 
     the President determines that the recipient for which funds 
     are earmarked has significantly reduced its military or 
     economic cooperation with the United States since enactment 
     of the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1991; however, before exercising 
     the authority of this subsection with regard to a base rights 
     or base access country which has significantly reduced its 
     military or economic cooperation with the United States, the 
     President shall consult with, and shall provide a written 
     policy justification to the Committees on Appropriations: 
     Provided, That any such reprogramming shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That assistance that is 
     reprogrammed pursuant to this subsection shall be made 
     available under the same terms and conditions as originally 
     provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the Agency for 
     International Development that are earmarked for particular 
     programs or activities by this or any other Act shall be 
     extended for an additional fiscal year if the Administrator 
     of such agency determines and reports promptly to the 
     Committees on Appropriations that the termination of 
     assistance to a country or a significant change in 
     circumstances makes it unlikely that such earmarked funds can 
     be obligated during the original period of availability: 
     Provided, That such earmarked funds that are continued 
     available for an additional fiscal year shall be obligated 
     only for the purpose of such earmark.


                         ceilings and earmarks

       Sec. 544. Ceilings and earmarks contained in this Act shall 
     not be applicable to funds or authorities appropriated or 
     otherwise made available by any subsequent Act unless such 
     Act specifically so directs.


                 prohibition on publicity or propaganda

       Sec. 545. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of enactment 
     of this Act by the Congress: Provided, That not to exceed 
     $500,000 may be made available to carry out the provisions of 
     section 316 of Public Law 96-533.


            purchase of american-made equipment and products

       Sec. 546. (a) To the maximum extent possible, assistance 
     provided under this Act should make full use of American 
     resources, including commodities, products, and services.
       (b) 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.
       (c) 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 (b) by the 
     Congress.


           prohibition of payments to united nations members

       Sec. 547. None of the funds appropriated or made available 
     pursuant to this Act for carrying out the Foreign Assistance 
     Act of 1961, may be used to pay in whole or in part any 
     assessments, arrearages, or dues of any member of the United 
     Nations.


                          consulting services

       Sec. 548. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to section 3109 of title 5, United States Code, 
     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 pursuant to existing 
     law.


             private voluntary organizations--documentation

       Sec. 549. None of the funds appropriated or made available 
     pursuant to this Act shall be available to a private 
     voluntary organization which fails to provide upon timely 
     request any document, file, or record necessary to the 
     auditing requirements of the Agency for International 
     Development.


  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

       Sec. 550. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     40(d) of the Arms Export Control Act. The prohibition under 
     this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment. This section applies with respect to 
     lethal military equipment provided under a contract entered 
     into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the waiver of subsection (b) is exercised, the 
     President shall submit to the appropriate congressional 
     committees a report with respect to the furnishing of such 
     assistance. Any such report shall include a detailed 
     explanation of the assistance estimated to be provided, 
     including the estimated dollar amount of such assistance, and 
     an explanation of how the assistance furthers United States 
     national interests.


 withholding of assistance for parking fines owed by foreign countries

       Sec. 551. (a) In General.--Of the funds made available for 
     a foreign country under part I of the Foreign Assistance Act 
     of 1961, an amount equivalent to 110 percent of the total 
     unpaid fully adjudicated parking fines and penalties owed to 
     the District of Columbia by such country as of the date of 
     enactment of this Act shall be withheld from obligation for 
     such country until the Secretary of State certifies and 
     reports in writing to the appropriate congressional 
     committees that such fines and penalties are fully paid to 
     the government of the District of Columbia.
       (b) Definition.--For purposes of this section, the term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives.


    limitation on assistance for the plo for the west bank and gaza

       Sec. 552. None of the funds appropriated by this Act may be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza unless the President 
     has exercised the authority under section 604(a) of the 
     Middle East Peace Facilitation Act of 1995 (title VI of 
     Public Law 104-107) or any other legislation to suspend or 
     make inapplicable section 307 of the Foreign Assistance Act 
     of 1961 and that suspension is still in effect: Provided, 
     That if the President fails to make the certification under 
     section 604(b)(2) of the Middle East Peace Facilitation Act 
     of 1995 or to suspend the prohibition under other 
     legislation, funds appropriated by this Act may not be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza.


                     war crimes tribunals drawdown

       Sec. 553. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961, as amended, of up to 
     $25,000,000 of commodities and services for the United 
     Nations War Crimes Tribunal established with regard to the 
     former Yugoslavia by the United Nations Security Council or 
     such other tribunals or commissions as the Council may 
     establish to deal with such violations, without regard to the 
     ceiling limitation contained in paragraph (2) thereof: 
     Provided, That the determination required under this section 
     shall be in lieu of any determinations otherwise required 
     under section 552(c): Provided further, That sixty days after 
     the date

[[Page S12359]]

     of enactment of this Act, and every one hundred eighty days 
     thereafter, the Secretary of State shall submit a report to 
     the Committees on Appropriations describing the steps the 
     United States Government is taking to collect information 
     regarding allegations of genocide or other violations of 
     international law in the former Yugoslavia and to furnish 
     that information to the United Nations War Crimes Tribunal 
     for the former Yugoslavia.


                               landmines

       Sec. 554. Notwithstanding any other provision of law, 
     demining equipment available to the Agency for International 
     Development and the Department of State and used in support 
     of the clearance of landmines and unexploded ordnance for 
     humanitarian purposes may be disposed of on a grant basis in 
     foreign countries, subject to such terms and conditions as 
     the President may prescribe: Provided, That not later than 90 
     days after the enactment of this Act, the Secretary of 
     Defense, in consultation with the Secretary of State, shall 
     submit a report to the Committees on Appropriations 
     describing potential alternative technologies or tactics and 
     a plan for the development of such alternatives to protect 
     anti-tank mines from tampering in a manner consistent with 
     the ``Convention on the Prohibition, Use, Stockpiling, 
     Production and Transfer of Anti-personnel Mines and on Their 
     Destruction''.


           restrictions concerning the palestinian authority

       Sec. 555. None of the funds appropriated by this Act may be 
     obligated or expended to create in any part of Jerusalem a 
     new office of any department or agency of the United States 
     Government for the purpose of conducting official United 
     States Government business with the Palestinian Authority 
     over Gaza and Jericho or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles: Provided, That this restriction shall not apply 
     to the acquisition of additional space for the existing 
     Consulate General in Jerusalem: Provided further, That 
     meetings between officers and employees of the United States 
     and officials of the Palestinian Authority, or any successor 
     Palestinian governing entity provided for in the Israel-PLO 
     Declaration of Principles, for the purpose of conducting 
     official United States Government business with such 
     authority should continue to take place in locations other 
     than Jerusalem. As has been true in the past, officers and 
     employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.


               prohibition of payment of certain expenses

       Sec. 556. None of the funds appropriated or otherwise made 
     available by this Act under the heading ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities may 
     be obligated or expended to pay for--
       (1) alcoholic beverages;
       (2) food (other than food provided at a military 
     installation) not provided in conjunction with Informational 
     Program trips where students do not stay at a military 
     installation; or
       (3) entertainment expenses for activities that are 
     substantially of a recreational character, including entrance 
     fees at sporting events and amusement parks.


                     equitable allocation of funds

       Sec. 557. Not more than 18 percent of the funds 
     appropriated by this Act to carry out the provisions of 
     sections 103 through 106 and chapter 4 of part II of the 
     Foreign Assistance Act of 1961, that are made available for 
     Latin America and the Caribbean region may be made available, 
     through bilateral and Latin America and the Caribbean 
     regional programs, to provide assistance for any country in 
     such region.


                  special debt relief for the poorest

       Sec. 558. (a) Authority To Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961; or
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act;
       (3) any obligation or portion of such obligation for a 
     Latin American country, to pay for purchases of United States 
     agricultural commodities guaranteed by the Commodity Credit 
     Corporation under export credit guarantee programs authorized 
     pursuant to section 5(f) of the Commodity Credit Corporation 
     Charter Act of June 29, 1948, as amended, section 4(b) of the 
     Food for Peace Act of 1966, as amended (Public Law 89-808), 
     or section 202 of the Agricultural Trade Act of 1978, as 
     amended (Public Law 95-501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for purposes of any provision of law limiting assistance to a 
     country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961.


             authority to engage in debt buybacks or sales

       Sec. 559. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make an adjustment in its accounts 
     to reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     restructuring''.


                  international financial institutions

       Sec. 560. (a) Authorizations.--The Secretary of the 
     Treasury may, to fulfill commitments of the United States: 
     (1) effect the United States participation in the first 
     general capital increase of the European Bank for 
     Reconstruction and Development, subscribe to and make payment 
     for 100,000 additional shares of the capital stock of the 
     Bank on behalf of the United States; and (2) contribute on 
     behalf of the United States to the eleventh replenishment of 
     the resources of the International Development Association, 
     to the sixth replenishment of the resources of the Asian 
     Development Fund, a special fund of the Asian Development 
     Bank. The following amounts are authorized to be appropriated 
     without fiscal year limitation for payment by the Secretary 
     of the Treasury: (1) $285,772,500 for paid-in capital, and 
     $984,327,500 for callable capital of the European Bank for 
     Reconstruction and Development; (2) $1,600,000,000 for the 
     International Development Association; (3) $400,000,000 for 
     the Asian Development Fund; and (4) $76,832,001 for paid-in 
     capital, and $4,511,156,729 for callable capital of the 
     Inter-American Development Bank in connection with the eighth 
     general increase in the

[[Page S12360]]

     resources of that Bank. Each such subscription or 
     contribution shall be subject to obtaining the necessary 
     appropriations.
       (b) Consideration of Environmental Impact of International 
     Finance Corporation Loans.--Section 1307 of the International 
     Financial Institutions Act (Public Law 95-118) is amended as 
     follows:
       (1) in subsection (a)(1)(A) strike ``borrowing country'' 
     and insert in lieu thereof ``borrower'';
       (2) in subsection (a)(2)(A) strike ``country''; and
       (3) at the end of Section 1307, add a new subsection as 
     follows:
       ``(g) For purposes of this section, the term `multilateral 
     development bank' means any of the institutions named in 
     Section 1303(b) of this Act, and the International Finance 
     Corporation.''.
       (c) The Secretary of the Treasury shall instruct the United 
     States Executive Directors of the International Bank for 
     Reconstruction and Development and the International 
     Development Association to use the voice and vote of the 
     United States to strongly encourage their respective 
     institutions to--
       (1) provide timely public information on procurement 
     opportunities available to United States suppliers, with a 
     special emphasis on small business; and
       (2) systematically consult with local communities on the 
     potential impact of loans as part of the normal lending 
     process, and expand the participation of affected peoples and 
     nongovernmental organizations in decisions on the selection, 
     design and implementation of policies and projects.


          sanctions against countries harboring war criminals

       Sec. 561. (a) Bilateral Assistance.--The President is 
     authorized to withhold funds appropriated by this Act under 
     the Foreign Assistance Act of 1961 or the Arms Export Control 
     Act for any country described in subsection (c).
       (b) Multilateral Assistance.--The Secretary of the Treasury 
     should instruct the United States executive directors of the 
     international financial institutions to work in opposition 
     to, and vote against, any extension by such institutions of 
     financing or financial or technical assistance to any country 
     described in subsection (c).
       (c) Sanctioned Countries.--A country described in this 
     subsection is a country the government of which knowingly 
     grants sanctuary to persons in its territory for the purpose 
     of evading prosecution, where such persons--
       (1) have been indicted by the International Criminal 
     Tribunal for Rwanda, or any other international tribunal with 
     similar standing under international law; or
       (2) have been indicted for war crimes or crimes against 
     humanity committed during the period beginning March 23, 1933 
     and ending on May 8, 1945 under the direction of, or in 
     association with--
       (A) the Nazi government of Germany;
       (B) any government in any area occupied by the military 
     forces of the Nazi government of Germany;
       (C) any government which was established with the 
     assistance or cooperation of the Nazi government; or
       (D) any government which was an ally of the Nazi government 
     of Germany.


                   limitation on assistance for haiti

       Sec. 562. (a) Limitation.--None of the funds appropriated 
     or otherwise made available by this Act may be provided to 
     the Government of Haiti unless the President reports to 
     Congress that the Government of Haiti--
       (1) is conducting thorough investigations of extrajudicial 
     and political killings;
       (2) is cooperating with United States authorities in the 
     investigations of political and extrajudicial killings;
       (3) has substantially completed privatization of (or placed 
     under long-term private management or concession) at least 
     three major public enterprises; and
       (4) has taken action to remove from the Haitian National 
     Police, national palace and residential guard, ministerial 
     guard, and any other public security entity of Haiti those 
     individuals who are credibly alleged to have engaged in or 
     conspired to conceal gross violations of internationally 
     recognized human rights.
       (b) Exceptions.--The limitation in subsection (a) does not 
     apply to the provision of humanitarian, electoral, counter-
     narcotics, or law enforcement assistance.
       (c) Waiver.--The President may waive the requirements of 
     this section on a semiannual basis if the President 
     determines and certifies to the appropriate committees of 
     Congress that such waiver is in the national interest of the 
     United States.
       (d) Parastatals Defined.--As used in this section, the term 
     ``parastatal'' means a government-owned enterprise.


  requirement for disclosure of foreign aid in report of secretary of 
                                 state

       Sec. 563. (a) Foreign Aid Reporting Requirement.--In 
     addition to the voting practices of a foreign country, the 
     report required to be submitted to Congress under section 
     406(a) of the Foreign Relations Authorization Act, fiscal 
     years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-
     by-side comparison of individual countries' overall support 
     for the United States at the United Nations and the amount of 
     United States assistance provided to such country in fiscal 
     year 1997.
       (b) United States Assistance.--For purposes of this 
     section, the term ``United States assistance'' has the 
     meaning given the term in section 481(e)(4) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).


   restrictions on voluntary contributions to united nations agencies

       Sec. 564. (a) Prohibition on Voluntary Contributions for 
     the United Nations.--None of the funds appropriated or 
     otherwise made available by this Act may be made available to 
     pay any voluntary contribution of the United States to the 
     United Nations (including the United Nations Development 
     Program) if the United Nations implements or imposes any 
     taxation on any United States persons.
       (b) Certification Required for Disbursement of Funds.--None 
     of the funds appropriated or otherwise made available under 
     this Act may be made available to pay any voluntary 
     contribution of the United States to the United Nations 
     (including the United Nations Development Program) unless the 
     President certifies to the Congress 15 days in advance of 
     such payment that the United Nations is not engaged in any 
     effort to implement or impose any taxation on United States 
     persons in order to raise revenue for the United Nations or 
     any of its specialized agencies.
       (c) Definitions.--As used in this section the term ``United 
     States person'' refers to--
       (1) a natural person who is a citizen or national of the 
     United States; or
       (2) a corporation, partnership, or other legal entity 
     organized under the United States or any State, territory, 
     possession, or district of the United States.


                          assistance to turkey

       Sec. 565. (a) Not more than $40,000,000 of the funds 
     appropriated in this Act under the heading ``Economic Support 
     Fund'' may be made available for Turkey.
       (b) Of the funds made available under the heading 
     ``Economic Support Fund'' for Turkey, not less than fifty 
     percent of these funds shall be made available for the 
     purpose of supporting private nongovernmental organizations 
     engaged in strengthening democratic institutions in Turkey, 
     providing economic assistance for individuals and communities 
     affected by civil unrest, and supporting and promoting 
     peaceful solutions and economic development which will 
     contribute to the settlement of regional problems in Turkey.


         limitation on assistance to the palestinian authority

       Sec. 566. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives and the President Pro 
     Tempore of the Senate that waiving such prohibition is 
     important to the national security interests of the United 
     States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of six months at a time and shall not apply beyond 
     twelve months after enactment of this Act.


         limitation on assistance to the government of croatia

       Sec. 567. None of the funds appropriated or otherwise made 
     available by title II of this Act may be made available to 
     the Government of Croatia to relocate the remains of Croatian 
     Ustashe soldiers, at the site of the World War II 
     concentration camp at Jasenovac, Croatia.


                           burma labor report

       Sec. 568. Not later than one hundred twenty days after 
     enactment of this Act, the Secretary of Labor in consultation 
     with the Secretary of State shall provide to the Committees 
     on Appropriations a report addressing labor practices in 
     Burma.


                                 HAITI

       Sec. 569. The Government of Haiti shall be eligible to 
     purchase defense articles and services under the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.), for the civilian-led 
     Haitian National Police and Coast Guard: Provided, That the 
     authority provided by this section shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


              LIMITATION ON ASSISTANCE TO SECURITY FORCES

       Sec. 570. None of the funds made available by this Act may 
     be provided to any unit of the security forces of a foreign 
     country if the Secretary of State has credible evidence that 
     such unit has committed gross violations of human rights, 
     unless the Secretary determines and reports to the Committees 
     on Appropriations that the government of such country is 
     taking effective measures to bring the responsible members of 
     the security forces unit to justice: Provided, That nothing 
     in this section shall be construed to withhold funds made 
     available by this Act from any unit of the security forces of 
     a foreign country not credibly alleged to be involved in 
     gross violations of human rights: Provided further, That in 
     the event that funds are withheld from any unit pursuant to 
     this section, the Secretary of State shall promptly inform 
     the foreign government of the basis for such action and 
     shall, to the maximum extent practicable, assist the foreign 
     government in taking effective measures to bring the 
     responsible members of the security forces to justice.


      limitations on transfer of military equipment to east timor

       Sec. 571. In any agreement for the sale, transfer, or 
     licensing of any lethal equipment or helicopter for Indonesia 
     entered into by the United States pursuant to the authority 
     of this Act or any other Act, the agreement shall state that 
     the United States expects that the items will not be used in 
     East Timor: Provided, That nothing in this section shall be 
     construed to limit Indonesia's inherent right to legitimate 
     national self-defense as recognized under the United Nations 
     Charter and international law.


                        Transparency of Budgets

       Sec. 572. Section 576(a)(1) of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1997, as contained in

[[Page S12361]]

     Public Law 104-208, is amended to read as follows:
       ``(1) does not have in place a functioning system for 
     reporting to civilian authorities audits of receipts and 
     expenditures that fund activities of the armed forces and 
     security forces;''.
       Section 576(a)(2) of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1997, as 
     contained in Public Law 104-208, is amended to read as 
     follows:
       ``(2) has not provided to the institution information about 
     the audit process requested by the institution.''.


RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING SANCTUARY TO INDICTED 
                             WAR CRIMINALS

       Sec. 573. (a) Bilateral Assistance.--None of the funds made 
     available by this or any prior Act making appropriations for 
     foreign operations, export financing and related programs, 
     may be provided for any country, entity or canton described 
     in subsection (d).
       (b) Multilateral Assistance.--
       (1) Prohibition.--The Secretary of the Treasury shall 
     instruct the United States executive directors of the 
     international financial institutions to work in opposition 
     to, and vote against, any extension by such institutions of 
     any financial or technical assistance or grants of any kind 
     to any country or entity described in subsection (d).
       (2) Notification.--Not less than 15 days before any vote in 
     an international financial institution regarding the 
     extension of financial or technical assistance or grants to 
     any country or entity described in subsection (d), the 
     Secretary of the Treasury, in consultation with the Secretary 
     of State, shall provide to the Committee on Appropriations 
     and the Committee on Foreign Relations of the Senate and the 
     Committee on Appropriations and the Committee on Banking and 
     Financial Services of the House of Representatives a written 
     justification for the proposed assistance, including an 
     explanation of the U.S. position regarding any such vote, as 
     well as a description of the location of the proposed 
     assistance by municipality, its purpose, and its intended 
     beneficiaries.
       (3) Definition.--The term ``international financial 
     institution'' includes the International Monetary Fund, the 
     International Bank for Reconstruction and Development, the 
     International Development Association, the International 
     Finance Corporation, the Multilateral Investment Guaranty 
     Agency, and the European Bank for Reconstruction and 
     Development.
       (c) Exceptions.--
       (1) In general.--Subject to paragraph (2), subsections (a) 
     and (b) shall not apply to the provision of--
       (A) humanitarian assistance;
       (B) democratization assistance;
       (C) assistance for cross border physical infrastructure 
     projects involving activities in both a sanctioned country, 
     entity, or canton and a nonsanctioned contiguous country, 
     entity, or canton, if the project is primarily located in and 
     primarily benefits the nonsanctioned country, entity, or 
     canton and if the portion of the project located in the 
     sanctioned country, entity, or canton is necessary only to 
     complete the project;
       (D) small-scale assistance projects or activities requested 
     by U.S. armed forces that promote good relations between such 
     forces and the officials and citizens of the areas in the 
     U.S. SFOR sector of Bosnia;
       (E) implementation of the Brcko Arbitral Decision;
       (F) lending by the international financial institutions to 
     a country or entity to support common monetary and fiscal 
     policies at the national level as contemplated by the Dayton 
     Agreement; or
       (G) direct lending to a non-sanctioned entity, or lending 
     passed on by the national government to a non-sanctioned 
     entity.
       (2) Further limitations.--Notwithstanding paragraph (1)--
       (A) no assistance may be made available by this Act, or any 
     prior Act making appropriations for foreign operations, 
     export financing and related programs, in any country, 
     entity, or canton described in subsection (d), for a program, 
     project, or activity in which a publicly indicted war 
     criminal is known to have any financial or material interest; 
     and
       (B) no assistance (other than emergency foods or medical 
     assistance or demining assistance) may be made available by 
     this Act, or any prior Act making appropriations for foreign 
     operations, export financing and related programs for any 
     program, project, or activity in a community within any 
     country, entity or canton described in subsection (d) if 
     competent authorities within that community are not complying 
     with the provisions of Article IX and Annex 4, Article II, 
     paragraph 8 of the Dayton Agreement relating to war crimes 
     and the Tribunal.
       (d) Sanctioned Country, Entity, or Canton.--A sanctioned 
     country, entity, or canton described in this section is one 
     whose competent authorities have failed, as determined by the 
     Secretary of State, to take necessary and significant steps 
     to apprehend and transfer to the Tribunal all persons who 
     have been publicly indicted by the Tribunal.
       (e) Waiver.--
       (1) In general.--The Secretary of State may waive the 
     application of subsection (a) or subsection (b) with respect 
     to specified bilateral programs or international financial 
     institution projects or programs in a sanctioned country, 
     entity, or canton upon providing a written determination to 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate and the Committeee on Appropriations 
     and the Committee on International Relations of the House of 
     Representatives that such assistance directly supports the 
     implementation of the Dayton Agreement and its Annexes, which 
     include the obligation to apprehend and transfer indicted war 
     criminals to the Tribunal.
       (2) Report.--Not later than 15 days after the date of any 
     written determination under paragraph (e)(1), the Secretary 
     of State shall submit a report to the Committee on 
     Appropriations and the Committee on Foreign Relations of the 
     Senate and the Committee on Appropriations and the Committee 
     on International Relations of the House of Representatives 
     regarding the status of efforts to secure the voluntary 
     surrender or apprehension and transfer of persons indicted by 
     the Tribunal, in accordance with the Dayton Agreement, and 
     outlining obstacles to achieving this goal.
       (3) Assistance programs and projects affected.--Any waiver 
     made pursuant to this subsection shall be effective only with 
     respect to a specified bilateral program or multilateral 
     assistance project or program identified in the determination 
     of the Secretary of State to Congress.
       (f) Termination of Sanctions.--The sanctions imposed 
     pursuant to subsections (a) and (b) with respect to a country 
     or entity shall cease to apply only if the Secretary of State 
     determines and certifies to Congress that the authorities of 
     that country, entity, or canton have apprehended and 
     transferred to the Tribunal all persons who have been 
     publicly indicted by the Tribunal.
       (g) Definitions.--As used in this section--
       (1) Country.--The term ``country'' means Bosnia-
     Herzegovina, Croatia, and Serbia-Montenegro (Federal Republic 
     of Yugoslavia).
       (2) Entity.--The term ``entity'' refers to the Federation 
     of Bosnia and Herzegovina and the Republika Srpska.
       (3) Canton.--The term ``canton'' means the administrative 
     units in Bosnia and Herzegovina.
       (4) Dayton agreement.--The term ``Dayton Agreement'' means 
     the General Framework Agreement for Peace in Bosnia and 
     Herzegovina, together with annexes relating thereto, done at 
     Dayton, November 10 through 16, 1995.
       (5) Tribunal.--The term ``Tribunal'' means the 
     International Criminal Tribunal for the Former Yugoslavia.
       (h) Role of Human Rights Organizations and Government 
     Agencies.--In carrying out this subsection, the Secretary of 
     State, the Administrator of the Agency for International 
     Development, and the executive directors of the international 
     financial institutions shall consult with representatives of 
     human rights organizations and all government agencies with 
     relevant information to help prevent publicly indicted war 
     criminals from benefitting from any financial or technical 
     assistance or grants provided to any country or entity 
     described in subsection (d).


              EXTENSION OF CERTAIN ADJUDICATION PROVISIONS

       Sec. 574. The Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 1990 (Public Law 101-
     167) is amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 1997'' and 
     inserting ``1997, and 1998''; and
       (B) in subsection (e), by striking ``October 1, 1997'' each 
     place it appears and inserting ``October 1, 1998''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``September 30, 1997'' and inserting 
     ``September 30, 1998''.


ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE ARTICLES FOR 
                           FOREIGN COUNTRIES

       Sec. 575. (a) Value of Additions to Stockpiles.--Section 
     514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321h(b)(2)(A)) is amended by inserting before the period at 
     the end the following: ``and $60,000,000 for fiscal year 
     1998''.
       (b) Requirements Relating to the Republic of Korea and 
     Thailand.--Section 514(b)(2)(B) of such Act (22 U.S.C. 
     2321h(b)(2)(B)) is amended by adding at the end the 
     following: ``Of the amount specified in subparagraph (A) for 
     fiscal year 1998, not more than $40,000,000 may be made 
     available for stockpiles in the Republic of Korea and not 
     more than $20,000,000 may be made available for stockpiles in 
     Thailand.''.


       DELIVERY OF DRAWDOWN BY COMMERCIAL TRANSPORTATION SERVICES

       Sec. 576. Section 506 of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2318) is amended--
       (1) in subsection (b)(2), by striking the period and 
     inserting the following: ``, including providing the Congress 
     with a report detailing all defense articles, defense 
     services, and military education and training delivered to 
     the recipient country or international organization upon 
     delivery of such articles or upon completion of such services 
     or education and training. Such report shall also include 
     whether any savings were realized by utilizing commercial 
     transport services rather than acquiring those services from 
     United States Government transport assets.'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) For the purposes of any provision of law that 
     authorizes the drawdown of defense or other articles or 
     commodities, or defense or other services from an agency of 
     the United States Government, such drawdown may include the 
     supply of commercial transportation and related services that 
     are acquired by contract for the purposes of the drawdown in 
     question if the cost to acquire such commercial 
     transportation and related services is less than the cost to 
     the United States Government of providing such services from 
     existing agency assets.''.

[[Page S12362]]

 To Prohibit Foreign Assistance to the Government of Russia should it 
  implement laws which would discriminate against minority religious 
                    faiths in the Russian Federation

       Sec. 577. (a) None of the funds appropriated under this Act 
     may be made available for the Government of the Russian 
     Federation unless within 30 days of the date this section 
     becomes effective the President determines and certifies in 
     writing to the Committees on Appropriations and the Committee 
     on Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives that 
     the Government of the Russian Federation has implemented no 
     statute, executive order, regulation or similar government 
     action that would discriminate, or would have as its 
     principal effect discrimination, against religious groups or 
     religious communities in the Russian Federation in violation 
     of accepted international agreements on human rights and 
     religious freedoms to which the Russian Federation is a 
     party.
       (b) This section shall become effective one hundred fifty 
     days after the enactment of this Act.


 u.s. policy regarding support for countries of the South Caucasus and 
                              Central Asia

       Sec. 578. (a) Findings.--Congress makes the following 
     findings:
       (1) The ancient Silk Road, once the economic lifeline of 
     Central Asia and the South Caucasus, traversed much of the 
     territory now within the countries of Armenia, Azerbaijan, 
     Georgia, Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and 
     Uzbekistan.
       (2) Economic interdependence spurred mutual cooperation 
     among the peoples along the Silk Road and restoration of the 
     historic relationships and economic ties between those 
     peoples is an important element of ensuring their sovereignty 
     as well as the success of democratic and market reforms.
       (3) The development of strong political and economic ties 
     between countries of the South Caucasus and Central Asia and 
     the West will foster stability in the region.
       (4) The development of open market economies and open 
     democratic systems in the countries of the South Caucasus and 
     Central Asia will provide positive incentives for 
     international private investment, increased trade, and other 
     forms of commercial interactions with the rest of the world.
       (5) The Caspian Sea Basin, overlapping the territory of the 
     countries of the South Caucasus and Central Asia, contains 
     proven oil and gas reserves that may exceed 
     $4,000,000,000,000 in value.
       (6) The region of the South Caucasus and Central Asia will 
     produce oil and gas in sufficient quantities to reduce the 
     dependence of the United States on energy from the volatile 
     Persian Gulf region.
       (7) United States foreign policy and international 
     assistance should be narrowly targeted to support the 
     economic and political independence of the countries of the 
     South Caucasus and Central Asia.
       (b) General.--The policy of the United States in the 
     countries of the South Caucasus and Central Asia should be--
       (1) to promote sovereignty and independence with democratic 
     government;
       (2) to assist actively in the resolution of regional 
     conflicts;
       (3) to promote friendly relations and economic cooperation;
       (4) to help promote market-oriented principles and 
     practices;
       (5) to assist in the development of infrastructure 
     necessary for communications, transportation, and energy and 
     trade on an East-West axis in order to build strong 
     international relations and commerce between those countries 
     and the stable, democratic, and market-oriented countries of 
     the Euro-Atlantic Community; and
       (6) to support United States business interests and 
     investments in the region.
       (c) Definition.--In this section, the term ``countries of 
     the South Caucasus and Central Asia'' means Armenia, 
     Azerbaijan, Georgia, Kazakstan, Kyrgystan, Tajikistan, 
     Turkmenistan, and Uzbekistan.


                                PAKISTAN

       Sec. 579. (a) OPIC.--Section 239(f) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2199(f)) is amended by 
     inserting ``, or Pakistan'' after ``China''.
       (b) Trade and Development.--It is the sense of Congress 
     that the Director of the Trade and Development Agency should 
     use funds made available to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2421) to promote United States exports to Pakistan.


Requirements for the Reporting to Congress of the Costs to the Federal 
Government Associated with the Proposed Agreement to Reduce Greenhouse 
                             Gas Emissions

       Sec. 580. The President shall provide to the Congress a 
     detailed account of all Federal agency obligations and 
     expenditures for climate change programs and activities, 
     domestic and international, for fiscal year 1997, planned 
     obligations for such activities in fiscal year 1998, and any 
     plan for programs thereafter in the context of negotiations 
     to amend the Framework Convention on Climate Change (FCCC) to 
     be provided to the appropriate congressional committees no 
     later than November 15, 1997.


           AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING

       Sec. 581. (a) In General.--Section 235(a) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2195(a)) is amended--
       (1) by striking paragraphs (1) and (2)(A) and inserting the 
     following:
       ``(1) Insurance and financing.--(A) The maximum contingent 
     liability outstanding at any one time pursuant to insurance 
     issued under section 234(a), and the amount of financing 
     issued under sections 234 (b) and (c), shall not exceed in 
     the aggregate $29,000,000,000.'';
       (2) by redesignating paragraph (3) as paragraph (2); and
       (3) by amending paragraph (2) (as so redesignated) by 
     striking ``September 30, 1997'' and inserting ``September 30, 
     1999''.
       (b) Conforming Amendment.--Paragraph (2) of section 235(a) 
     of that Act (22 U.S.C. 2195(a)), as redesignated by 
     subsection (a), is further amended by striking ``(a) and 
     (b)'' and inserting ``(a), (b), and (c)''.
       (c) Extension of Authority.--Section 7 of the Export-Import 
     Bank Act of 1945 (12 U.S.C. 635f) is amended by striking 
     ``October 23, 1997'' and inserting ``September 30, 1998''.
       (d) Tied Aid Credit Fund Authority.--
       (a) Section 10(c)(2) of the Export-Import Bank Act of 1945 
     (12 U.S.C. 635i 3(c)(2)) is amended by striking ``through'' 
     and all that follows through ``1997''.
       (b) Section 10(e) of such Act (12 U.S.C. 635i-3(3)) is 
     amended by striking the first sentence and inserting the 
     following: ``There are authorized to be appropriated to the 
     Fund such sums as may be necessary to carry out the purposes 
     of this section.''.


withholding assistance to countries violating united nations sanctions 
                             against libya

       Sec. 582. (a) Withholding of Assistance.--Except as 
     provided in subsection (b), whenever the President determines 
     and certifies to Congress that the government of any country 
     is violating any sanction against Libya imposed pursuant to 
     United Nations Security Council Resolution 731, 748, or 883, 
     then not less than 5 percent of the funds allocated for the 
     country under section 653(a) of the Foreign Assistance Act of 
     1961 out of appropriations in this Act shall be withheld from 
     obligation and expenditure for that country.
       (b) Exception.--The requirement to withhold funds under 
     subsection (a) shall not apply to funds appropriated in this 
     Act for allocation under section 653(a) of the Foreign 
     Assistance Act of 1961 for development assistance or for 
     humanitarian assistance.
       (c) Waiver.--Funds may be provided for a country without 
     regard to subsection (a) if the President determines that to 
     do so is in the national security interest of the United 
     States.


                         War Crimes Prosecution

       Sec. 583. Section 2401 of title 18, United States Code 
     (Public Law 104-192; the War Crimes Act of 1996) is amended 
     as follows--
       (1) in subsection (a), by striking ``grave breach of the 
     Geneva Conventions'' and inserting ``war crime'';
       (2) in subsection (b), by striking ``breach'' each place it 
     appears and inserting ``war crime''; and
       (3) so that subsection (c) reads as follows:
       ``(c) Definition.--As used in this section the term `war 
     crime' means any conduct--
       ``(1) defined as a grave breach in any of the international 
     conventions signed at Geneva 12 August 1949, or any protocol 
     to such convention to which the United States is a party;
       ``(2) prohibited by Articles 23, 25, 27, or 28 of the Annex 
     to the Hague Convention IV, Respecting the Laws and Customs 
     of War on Land, signed 18 October 1907;
       ``(3) which constitutes a violation of common Article 3 of 
     the international conventions signed at Geneva 12 August 
     1949, or any protocol to such convention to which the United 
     States is a party and which deals with non-international 
     armed conflict; or
       ``(4) of a person who, in relation to an armed conflict and 
     contrary to the provisions of the Protocol on Prohibitions or 
     Restrictions on the Use of Mines, Booby-Traps and Other 
     Devices as amended at Geneva on 3 May 1996 (Protocol II as 
     amended on 3 May 1996), when the United States is a party to 
     such Protocol, willfully kills or causes serious injury to 
     civilians.''.


   INTERNATIONAL MILITARY EDUCATION AND TRAINING PROGRAMS FOR LATIN 
                                AMERICA

       Sec. 584. (a) Expanded IMET.--The Secretary of Defense, in 
     consultation with the Secretary of State, should make every 
     effort to ensure that approximately 30 percent of the funds 
     appropriated in this Act for ``International Military 
     Education and Training'' for the cost of Latin American 
     participants in IMET programs will be disbursed for the 
     purpose of supporting enrollment of such participants in 
     expanded IMET courses.
       (b) Civilian Participation.--The Secretary of State, in 
     consultation with the Secretary of Defense, should identify 
     sufficient numbers of qualified, non-military personnel from 
     countries in Latin America so that approximately 25 percent 
     of the total number of individuals from Latin American 
     countries attending United States supported IMET programs and 
     the Center for Hemispheric Defense Studies at the National 
     Defense University are civilians.
       (c) Report.--Not later than twelve months after the date of 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall report in 
     writing to the appropriate committees of the Congress on the 
     progress made to improve military training of Latin American 
     participants in the areas of human rights and civilian 
     control of the military. The Secretary shall include in the 
     report plans for implementing additional expanded IMET 
     programs for Latin America during the next three fiscal 
     years.


       AID TO THE GOVERNMENT OF the Democratic Republic of CONGO

       Sec. 585. None of the funds appropriated or otherwise made 
     available by this Act may be provided to the central 
     Government of the Democratic Republic of Congo until such 
     time as the President reports in writing to the Congress that 
     the central Government of the Democratic Republic of Congo is 
     cooperating fully with investigators from the United Nations 
     in accounting for human rights violations committed in the

[[Page S12363]]

     Democratic Republic of Congo or adjacent countries.


                     ASSISTANCE FOR THE MIDDLE EAST

       Sec. 586. Of the funds appropriated by this Act under the 
     headings ``Economic Support Fund'', ``Foreign Military 
     Financing'', ``International Military Education and 
     Training'', ``Peacekeeping Operations'', for refugees 
     resettling in Israel under the heading ``Migration and 
     Refugee Assistance'', and for assistance for Israel to carry 
     out provisions of chapter 8 of part II of the Foreign 
     Assistance Act of 1961 under the heading ``Nonproliferation, 
     Anti-Terrorism, Demining, and Related Programs'', not more 
     than a total of $5,402,850,000 may be made available for 
     Israel, Egypt, Jordan, Lebanon, the West Bank and Gaza, the 
     Israel-Lebanon Monitoring Group, the Multinational Force and 
     Observers, the Middle East Regional Democracy Fund, Middle 
     East Regional Cooperation, and Middle East Multilateral 
     Working Groups: Provided, That any funds that were 
     appropriated under such headings in prior fiscal years and 
     that were at the time of enactment of this Act obligated or 
     allocated for other recipients may not during fiscal year 
     1998 be made available for activities that, if funded under 
     this Act, would be required to count against this ceiling: 
     Provided further, That funds may be made available 
     notwithstanding the requirements of this section if the 
     President determines and certifies to the Committees on 
     Appropriations that it is important to the national security 
     interest of the United States to do so and any such 
     additional funds shall only be provided through the regular 
     notification procedures of the Committees on Appropriations.


                              agriculture

       Sec. 587. The first proviso of subsection (k) under the 
     heading ``Assistance for the New Independent States of the 
     Former Soviet Union'' in the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1997, as 
     contained in Public Law 104-208, is amended by striking ``not 
     less than'' and inserting in lieu thereof ``up to''.


                      ENTERPRISE FUND RESTRICTIONS

       Sec. 588. Section 201(l) of the Support for East European 
     Democracy Act (22 U.S.C. 5421(l)) is amended to read as 
     follows:
       ``(l) Limitation on Payments to Enterprise Fund 
     Personnel.--
       ``(1) No part of the funds of an Enterprise Fund shall 
     inure to the benefit of any board member, officer, or 
     employee of such Enterprise Fund, except as salary or 
     reasonable compensation for services subject to paragraph 
     (2).
       ``(2) An Enterprise Fund shall not pay compensation for 
     services to--
       ``(A) any board member of the Enterprise Fund, except for 
     services as a board member; or
       ``(B) any firm, association, or entity in which a board 
     member of the Enterprise Fund serves as partner, director, 
     officer, or employee.
       ``(3) Nothing in paragraph (2) shall preclude payment for 
     services performed before the date of enactment of this 
     subsection nor for arrangements approved by the grantor and 
     notified in writing to the Committees on Appropriations.''.


                                Cambodia

       Sec. 589. The Secretary of the Treasury should instruct the 
     United States Executive Directors of the international 
     financial institutions to use the voice and vote of the 
     United States to oppose loans to the Government of Cambodia, 
     except loans to support basic human needs.


                 export financing transfer authorities

       Sec. 590. Not to exceed 5 percent of any appropriation 
     other than for administrative expenses made available for 
     fiscal year 1998 for programs under title I of this Act may 
     be transferred between such appropriations for use for any of 
     the purposes, programs and activities for which the funds in 
     such receiving account may be used, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 25 percent by any such 
     transfer: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                      development credit authority

       Sec. 591. For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of direct loans and loan 
     guarantees in support of the development objectives of the 
     Foreign Assistance Act of 1961 (FAA), up to $7,500,000, which 
     amount may be derived by transfer from funds appropriated by 
     this Act to carry out part I of the Foreign Assistance Act of 
     1961 and funds appropriated by this Act under the heading 
     ``Assistance for Eastern Europe and the Baltic States'', to 
     remain available until expended: Provided, That up to 
     $500,000 of the funds appropriated by this Act under the 
     heading ``Operating Expenses of the Agency for International 
     Development'' may be made available for administrative 
     expenses to carry out such programs: Provided further, That 
     the provisions of section 107A(d) (relating to general 
     provisions applicable to development credit authority) of the 
     Foreign Assistance Act of 1961, as added by section 306 of 
     H.R. 1486 as reported by the House Committee on International 
     Relations on May 9, 1997, shall be applicable to direct loans 
     and loan guarantees provided under this paragraph: Provided 
     further, That direct loans or loan guarantees under this 
     paragraph may not be provided until the Director of the 
     Office of Management and Budget has certified to the 
     Committees on Appropriations that the Agency for 
     International Development has established a credit management 
     system capable of effectively managing the credit programs 
     funded under this heading, including that such system (1) can 
     provide accurate and timely provision of loan and loan 
     guarantee data, (2) contains information control systems for 
     loan and loan guarantee data, (3) is adequately staffed, and 
     (4) contains appropriate review and monitoring procedures.


    foreign organizations that perform or promote abortion overseas

       Sec. 592. (a) Performance of Abortions.--
       (1) Notwithstanding section 614 of the Foreign Assistance 
     Act of 1961 or any other provision of law, no funds 
     appropriated to the Agency for International Development for 
     population planning activities or other population assistance 
     for fiscal years 1998 and 1999 may be made available for any 
     foreign private, nongovernmental, or multilateral 
     organization until the organization certifies that it will 
     not, during the period for which the funds are made 
     available, perform abortions in any foreign country, except 
     where the life of the mother would be endangered if the 
     pregnancy were carried to term or in cases of forcible rape 
     or incest.
       (2) Paragraph (1) of this subsection may not be construed 
     to apply to the treatment of injuries or illnesses caused by 
     legal or illegal abortions or to assistance provided directly 
     to the government of a country.
       (b) Lobbying Activities.--(1) Notwithstanding section 614 
     of the Foreign Assistance Act of 1961 or any other provision 
     of law, no funds appropriated to the Agency for International 
     Development for population planning activities or other 
     population assistance for fiscal years 1998 and 1999 may be 
     made available for any foreign private, nongovernmental, or 
     multilateral organization until the organization certifies 
     that it will not, during the period for which the funds are 
     made available, violate the laws of any foreign country 
     concerning the circumstances under which abortion is 
     permitted, regulated, or prohibited, or engage in any 
     activity or effort to alter the laws or governmental policies 
     of any foreign country concerning the circumstances under 
     which abortion is permitted, regulated, or prohibited.
       (2) Paragraph (1) of this subsection shall not apply to 
     activities in opposition to coercive abortion or involuntary 
     sterilization.
       (c) Application to Foreign Organizations.--The restrictions 
     in this section apply to funds made available to a foreign 
     organization either directly or as a subcontractor or 
     subgrantee, and the certifications required in subsections 
     (a) and (b) apply to activities in which the organization 
     engages either directly or through a subcontractor or 
     subgrantee.
       (d) For each of fiscal years 1998 and 1999, the President 
     may waive the restrictions in subsections (a) and (b): 
     Provided, That if the President waives the restriction in 
     either subsection (a) or (b), not to exceed $410,000,000 may 
     be made available for population planning activities or other 
     population assistance: Provide further, That if the President 
     waives the restrictions in both subsections (a) and (b), not 
     to exceed $385,000,000 may be made available for population 
     planning activities or other population assistance.


                    INTERNATIONAL MONETARY PROGRAMS

                  LOANS TO INTERNATIONAL MONETARY FUND

       Sec. 593. For loans to the International Monetary Fund 
     under the New Arrangements to Borrow, the dollar equivalent 
     of 2,462,000,000 Special Drawing Rights, to remain available 
     until expended; in addition, up to the dollar equivalent of 
     4,250,000,000 Special Drawing Rights previously appropriated 
     by the Act of November 30, 1983 (Public Law 98-181), and the 
     Act of October 23, 1962 (Public Law 87-872), for the General 
     Arrangements to Borrow, may also be used for the New 
     Arrangements to Borrow.
       Section 17 of the Bretton Woods Agreements Act, as amended 
     (22 U.S.C. 286e-2 et seq.) is amended as follows--
       (1) Section 17(a) is amended by striking ``and February 24, 
     1983'' and inserting instead ``February 24, 1983, and January 
     27, 1997''; and by striking ``4,250,000,000'' and inserting 
     instead ``6,712,000,000''.
       (2) Section 17(b) is amended by striking ``4,250,000,000'' 
     and inserting instead ``6,712,000,000''.
       (3) Section 17(d) is amended by inserting ``or the Decision 
     of January 27, 1997,'' after ``February 24, 1983,''; and by 
     inserting ``or the New Arrangements to Borrow, as 
     applicable'' before the period at the end.
       This division may be cited as the ``Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1998''.
    DIVISION D--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1997

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Foreign Affairs Reform 
     and Restructuring Act of 1997''.

     SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE 
                   OF CONTENTS.

       (a) Subdivisions.--This division is organized into three 
     subdivisions as follows:
       (1) Subdivision 1.--Foreign Affairs Agencies Consolidation 
     Act of 1997.
       (2) Subdivision 2.--Foreign Relations Authorization Act, 
     Fiscal Years 1998 and 1999.
       (3) Subdivision 3.--United Nations Reform Act of 1997.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1001. Short title.
Sec. 1002. Organization of division into subdivisions; table of 
              contents.

        Subdivision 1--Consolidation of Foreign Affairs Agencies

                      TITLE XI--GENERAL PROVISIONS

Sec. 1101. Short title.
Sec. 1102. Purposes.
Sec. 1103. Definitions.
Sec. 1104. Report on budgetary cost savings resulting from 
              reorganization.

      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                     Chapter 1--General Provisions

Sec. 1201. Effective date.

[[Page S12364]]

             Chapter 2--Abolition and Transfer of Functions

Sec. 1211. Abolition of United States Arms Control and Disarmament 
              Agency.
Sec. 1212. Transfer of functions to Secretary of State.
Sec. 1213. Under Secretary for Arms Control and International Security.

                    Chapter 3--Conforming Amendments

Sec. 1221. References.
Sec. 1222. Repeals.
Sec. 1223. Amendments to the Arms Control and Disarmament Act.
Sec. 1224. Compensation of officers.
Sec. 1225. Additional conforming amendments.

              TITLE XIII--UNITED STATES INFORMATION AGENCY

                     Chapter 1--General Provisions

Sec. 1301. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1311. Abolition of United States Information Agency.
Sec. 1312. Transfer of functions.
Sec. 1313. Under Secretary of State for Public Diplomacy.
Sec. 1314. Abolition of Office of Inspector General of United States 
              Information Agency and transfer of functions.

                 Chapter 3--International Broadcasting

Sec. 1321. Congressional findings and declaration of purpose.
Sec. 1322. Continued existence of Broadcasting Board of Governors.
Sec. 1323. Conforming amendments to the United States International 
              Broadcasting Act of 1994.
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 1326. Transfer of broadcasting related funds, property, and 
              personnel.
Sec. 1327. Savings provisions.
Sec. 1328. Report on the privatization of RFE/RL, Incorporated.

                    Chapter 4--Conforming Amendments

Sec. 1331. References.
Sec. 1332. Amendments to title 5, United States Code.
Sec. 1333. Application of certain laws.
Sec. 1334. Abolition of United States Advisory Commission on Public 
              Diplomacy.
Sec. 1335. Conforming amendments.
Sec. 1336. Repeals.

 TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                     Chapter 1--General Provisions

Sec. 1401. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1411. Abolition of United States International Development 
              Cooperation Agency.
Sec. 1412. Transfer of functions and authorities.
Sec. 1413. Status of AID.

                    Chapter 3--Conforming Amendments

Sec. 1421. References.
Sec. 1422. Conforming amendments.

             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                     Chapter 1--General Provisions

Sec. 1501. Effective date.

          Chapter 2--Reorganization and Transfer of Functions

Sec. 1511. Reorganization of Agency for International Development.

            Chapter 3--Authorities of the Secretary of State

Sec. 1521. Definition of United States assistance.
Sec. 1522. Administrator of AID reporting to the Secretary of State.
Sec. 1523. Assistance programs coordination and oversight.

                         TITLE XVI--TRANSITION

                     Chapter 1--Reorganization Plan

Sec. 1601. Reorganization plan and report.

                  Chapter 2--Reorganization Authority

Sec. 1611. Reorganization authority.
Sec. 1612. Transfer and allocation of appropriations.
Sec. 1613. Transfer, appointment, and assignment of personnel.
Sec. 1614. Incidental transfers.
Sec. 1615. Savings provisions.
Sec. 1616. Authority of Secretary of State to facilitate transition.
Sec. 1617. Final report.

             Subdivision 2--Foreign Relations Authorization

                      TITLE XX--GENERAL PROVISIONS

Sec. 2001. Short title.
Sec. 2002. Definition of appropriate congressional committees.

   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

Sec. 2101. Administration of foreign affairs.
Sec. 2102. International commissions.
Sec. 2103. Grants to The Asia Foundation.

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                 Chapter 1--Authorities and Activities

Sec. 2201. Reimbursement of Department of State for assistance to 
              overseas educational facilities.
Sec. 2202. Revision of Department of State rewards program.
Sec. 2203. Retention of additional defense trade controls registration 
              fees.
Sec. 2204. Fees for commercial services.
Sec. 2205. Pilot program for foreign affairs reimbursement.
Sec. 2206. Fee for use of diplomatic reception rooms.
Sec. 2207. Accounting of collections in budget presentation documents.
Sec. 2208. Office of the Inspector General.
Sec. 2209. Capital Investment Fund.
Sec. 2210. Contracting for local guards services overseas.
Sec. 2211. Authority of the Foreign Claims Settlement Commission.
Sec. 2212. Expenses relating to certain international claims and 
              proceedings.
Sec. 2213. Grants to remedy international abductions of children.
Sec. 2214. Counterdrug and anticrime activities of the Department of 
              State.
Sec. 2215. Annual report on overseas surplus properties.
Sec. 2216. Human rights reports.
Sec. 2217. Reports and policy concerning diplomatic immunity.
Sec. 2218. Reaffirming United States international telecommunications 
              policy.
Sec. 2219. Reduction of reporting.

       Chapter 2--Consular Authorities of the Department of State

Sec. 2221. Use of certain passport processing fees for enhanced 
              passport services.
Sec. 2222. Surcharge for processing certain machine readable visas.
Sec. 2223. Consular officers.
Sec. 2224. Repeal of outdated consular receipt requirements.
Sec. 2225. Elimination of duplicate Federal Register publication for 
              travel advisories.
Sec. 2226. Denial of visas to confiscators of American property. 
Sec. 2227. Inadmissibility of any alien supporting an international 
              child abductor.
Sec. 2228. Haiti; exclusion of certain aliens; reporting requirements.

                   Chapter 3--Refugees and Migration


              SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS

Sec. 2231. Migration and refugee assistance.


                        SUBCHAPTER B--AUTHORITIES

Sec. 2241. United States policy regarding the involuntary return of 
              refugees.
Sec. 2242. United States policy with respect to the involuntary return 
              of persons in danger of subjection to torture.
Sec. 2243. Reprogramming of migration and refugee assistance funds.
Sec. 2244. Eligibility for refugee status.
Sec. 2245. Reports to Congress concerning Cuban emigration policies.

  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           Chapter 1--Organization of the Department of State

Sec. 2301. Coordinator for Counterterrorism.
Sec. 2302. Elimination of Deputy Assistant Secretary of State for 
              Burdensharing.
Sec. 2303. Personnel management.
Sec. 2304. Diplomatic security.
Sec. 2305. Number of senior official positions authorized for the 
              Department of State.
Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of 
              State.

  Chapter 2--Personnel of the Department of State; the Foreign Service

Sec. 2311. Foreign Service reform.
Sec. 2312. Retirement benefits for involuntary separation.
Sec. 2313. Authority of Secretary to separate convicted felons from the 
              Foreign Service.
Sec. 2314. Career counseling.
Sec. 2315. Limitations on management assignments.
Sec. 2316. Availability pay for certain criminal investigators within 
              the Diplomatic Security Service.
Sec. 2317. Nonovertime differential pay.
Sec. 2318. Report concerning minorities and the Foreign Service.

  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               Chapter 1--Authorization of Appropriations

Sec. 2401. International information activities and educational and 
              cultural exchange programs.

                 Chapter 2--Authorities and Activities

Sec. 2411. Retention of interest.
Sec. 2412. Use of selected program fees.
Sec. 2413. Muskie Fellowship Program.
Sec. 2414. Working Group on United States Government-Sponsored 
              International Exchanges and Training.
Sec. 2415. Educational and cultural exchanges and scholarships for 
              Tibetans and Burmese.
Sec. 2416. United States-Japan Commission.
Sec. 2417. Surrogate broadcasting study.
Sec. 2418. Radio broadcasting to Iran in the Farsi language.
Sec. 2419. Authority to administer summer travel and work programs.
Sec. 2420. Permanent administrative authorities regarding 
              appropriations.
Sec. 2421. Voice of America broadcasts.

    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

Sec. 2501. International conferences and contingencies.
Sec. 2502. Restriction relating to United States accession to any new 
              international criminal tribunal.

[[Page S12365]]

Sec. 2503. United States membership in the Bureau of the 
              Interparliamentary Union.
Sec. 2504. Service in international organizations.
Sec. 2505. Reports regarding foreign travel.

     TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 2601. Authorization of appropriations.
Sec. 2602. Statutory construction.

               TITLE XXVII--EUROPEAN SECURITY ACT OF 1997

Sec. 2701. Short title.
Sec. 2702. Statement of policy.
Sec. 2703. Authorities relating to NATO enlargement.
Sec. 2704. Sense of Congress with respect to the Treaty on Conventional 
              Armed Forces in Europe.
Sec. 2705. Restrictions and requirements relating to ballistic missile 
              defense.

                 TITLE XXVIII--MISCELLANEOUS PROVISIONS

Sec. 2801. Report on relations with Vietnam.
Sec. 2802. Reports on determinations under title IV of the LIBERTAD 
              Act.

                  Subdivision 3--United Nations Reform

                     TITLE XXX--GENERAL PROVISIONS

Sec. 3001. Short title.
Sec. 3002. Definitions.
Sec. 3003. Nondelegation of certification requirements.

              TITLE XXXI--AUTHORIZATION OF APPROPRIATIONS

Sec. 3101. Contributions to international organizations.
Sec. 3102. Contributions for international peacekeeping activities.

                 TITLE XXXII--UNITED NATIONS ACTIVITIES

Sec. 3201. United Nations policy on Israel and the Palestinians.
Sec. 3202. Data on costs incurred in support of United Nations 
              peacekeeping operations.
Sec. 3203. Reimbursement for goods and services provided by the United 
              States to the United Nations.
Sec. 3204. United States policy regarding United Nations peacekeeping 
              operations.
Sec. 3205. Reform in budget decisionmaking procedures of the United 
              Nations and its specialized agencies.
Sec. 3206. Continued extension of privileges, exemptions, and 
              immunities of the International Organizations Immunities 
              Act to UNIDO.
Sec. 3207. Sense of the Congress regarding compliance with child and 
              spousal support obligations by United Nations personnel.

               TITLE XXXIII--ARREARS PAYMENTS AND REFORM

              Chapter 1--Arrearages to the United Nations


      SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND 
                          EXPENDITURE OF FUNDS

Sec. 3301. Authorization of appropriations.
Sec. 3302. Obligation and expenditure of funds.
Sec. 3303. Forgiveness of amounts owed by the United Nations to the 
              United States.


                 SUBCHAPTER B--UNITED STATES SOVEREIGNTY

Sec. 3311. Certification requirements.


   SUBCHAPTER C--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING 
                               OPERATIONS

Sec. 3321. Certification requirements.


                SUBCHAPTER D--BUDGET AND PERSONNEL REFORM

Sec. 3331. Certification requirements.

                  Chapter 2--Miscellaneous Provisions

Sec. 3341. Statutory construction on relation to existing laws.
Sec. 3342. Prohibition on payments relating to UNIDO and other 
              international organizations from which the United States 
              has withdrawn or rescinded funding.
        SUBDIVISION 1--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
                      TITLE XI--GENERAL PROVISIONS

     SEC. 1101. SHORT TITLE.

       This subdivision may be cited as the ``Foreign Affairs 
     Agencies Consolidation Act of 1997''.

     SEC. 1102. PURPOSES.

       The purposes of this subdivision are--
       (1) to strengthen--
       (A) the coordination of United States foreign policy; and
       (B) the leading role of the Secretary of State in the 
     formulation and articulation of United States foreign policy;
       (2) to consolidate and reinvigorate the foreign affairs 
     functions of the United States within the Department of State 
     by--
       (A) abolishing the United States Arms Control and 
     Disarmament Agency, the United States Information Agency, and 
     the United States International Development Cooperation 
     Agency, and transferring the functions of these agencies to 
     the Department of State while preserving the special missions 
     and skills of these agencies;
       (B) transferring certain functions of the Agency for 
     International Development to the Department of State; and
       (C) providing for the reorganization of the Department of 
     State to maximize the efficient use of resources, which may 
     lead to budget savings, eliminated redundancy in functions, 
     and improvement in the management of the Department of State;
       (3) to ensure that programs critical to the promotion of 
     United States national interests be maintained;
       (4) to assist congressional efforts to balance the Federal 
     budget and reduce the Federal debt;
       (5) to ensure that the United States maintains effective 
     representation abroad within budgetary restraints; and
       (6) to encourage United States foreign affairs agencies to 
     maintain a high percentage of the best qualified, most 
     competent United States citizens serving in the United States 
     Government.

     SEC. 1103. DEFINITIONS.

       In this subdivision:
       (1) ACDA.--The term ``ACDA'' means the United States Arms 
     Control and Disarmament Agency.
       (2) AID.--The term ``AID'' means the United States Agency 
     for International Development.
       (3) Agency; federal agency.--The term ``agency'' or 
     ``Federal agency'' means an Executive agency as defined in 
     section 105 of title 5, United States Code.
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (5) Covered agency.--The term ``covered agency'' means any 
     of the following agencies: ACDA, USIA, IDCA, and AID.
       (6) Department.--The term ``Department'' means the 
     Department of State.
       (7) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program.
       (8) IDCA.--The term ``IDCA'' means the United States 
     International Development Cooperation Agency.
       (9) Office.--The term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (11) USIA.--The term ``USIA'' means the United States 
     Information Agency.

     SEC. 1104. REPORT ON BUDGETARY COST SAVINGS RESULTING FROM 
                   REORGANIZATION.

       The Secretary of State shall submit a report, together with 
     the congressional presentation document for the budget of the 
     Department of State for each of the fiscal years 1999, 2000, 
     and 2001, to the appropriate congressional committees 
     describing the total anticipated and achieved cost savings in 
     budget outlays and budget authority related to the 
     reorganization implemented under this subdivision, including 
     cost savings by each of the following categories:
       (1) Reductions in personnel.
       (2) Administrative consolidation, including procurement.
       (3) Program consolidation.
       (4) Consolidation of real properties and leases.
      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1201. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) October 1, 1998; or
       (2) the date of abolition of the United States Arms Control 
     and Disarmament Agency pursuant to the reorganization plan 
     described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

     SEC. 1211. ABOLITION OF UNITED STATES ARMS CONTROL AND 
                   DISARMAMENT AGENCY.

       The United States Arms Control and Disarmament Agency is 
     abolished.

     SEC. 1212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

       There are transferred to the Secretary of State all 
     functions of the Director of the United States Arms Control 
     and Disarmament Agency, and all functions of the United 
     States Arms Control and Disarmament Agency and any office or 
     component of such agency, under any statute, reorganization 
     plan, Executive order, or other provision of law, as of the 
     day before the effective date of this title.

     SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL 
                   SECURITY.

       Section 1(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2651(b)) is amended--
       (1) by striking ``There'' and inserting the following:
       ``(1) In general.--There''; and
       (2) by adding at the end the following:
       ``(2) Under secretary for arms control and international 
     security.--There shall be in the Department of State, among 
     the Under Secretaries authorized by paragraph (1), an Under 
     Secretary for Arms Control and International Security, who 
     shall assist the Secretary and the Deputy Secretary in 
     matters related to international security policy, arms 
     control, and nonproliferation. Subject to the direction of 
     the President, the Under Secretary may attend and participate 
     in meetings of the National Security Council in his role as 
     advisor on arms control and nonproliferation matters.''.

                    CHAPTER 3--CONFORMING AMENDMENTS

     SEC. 1221. REFERENCES.

       Except as otherwise provided in section 1223 or 1225, any 
     reference in any statute, reorganization plan, Executive 
     order, regulation, agreement, determination, or other 
     official document or proceeding to--
       (1) the Director of the United States Arms Control and 
     Disarmament Agency, the Director of the Arms Control and 
     Disarmament Agency, or any other officer or employee of the 
     United States Arms Control and Disarmament Agency or the Arms 
     Control and Disarmament Agency shall be deemed to refer to 
     the Secretary of State; or

[[Page S12366]]

       (2) the United States Arms Control and Disarmament Agency 
     or the Arms Control and Disarmament Agency shall be deemed to 
     refer to the Department of State.

     SEC. 1222. REPEALS.

       The following sections of the Arms Control and Disarmament 
     Act (22 U.S.C. 2551 et seq.) are repealed: Sections 21 
     through 26 (22 U.S.C. 2561-2566), section 35 (22 U.S.C. 
     2575), section 42 (22 U.S.C. 2582), section 43 (22 U.S.C. 
     2583), sections 45 through 50 (22 U.S.C. 2585-2593), section 
     53 (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), and 
     section 63 (22 U.S.C. 2595b).

     SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT 
                   ACT.

       The Arms Control and Disarmament Act (22 U.S.C. 2551 et 
     seq.) is amended--
       (1) in section 2 (22 U.S.C. 2551)--
       (A) in the first undesignated paragraph, by striking 
     ``creating a new agency of peace to deal with'' and inserting 
     ``addressing'';
       (B) by striking the second undesignated paragraph; and
       (C) in the third undesignated paragraph--
       (i) by striking ``This organization'' and inserting ``The 
     Secretary of State'';
       (ii) by striking ``It shall have'' and inserting ``The 
     Secretary shall have'';
       (iii) by striking ``and the Secretary of State'';
       (iv) by inserting ``, nonproliferation,'' after ``arms 
     control'' in paragraph (1);
       (v) by striking paragraph (2);
       (vi) by redesignating paragraphs (3) through (5) as 
     paragraphs (2) through (4), respectively; and
       (vii) by striking ``, as appropriate,'' in paragraph (3) 
     (as redesignated);
       (2) in section 3 (22 U.S.C. 2552), by striking subsection 
     (c);
       (3) in the heading for title II, by striking 
     ``ORGANIZATION'' and inserting ``SPECIAL REPRESENTATIVES AND 
     VISITING SCHOLARS'';
       (4) in section 27 (22 U.S.C. 2567)--
       (A) by striking the third sentence;
       (B) in the fourth sentence, by striking ``, acting through 
     the Director''; and
       (C) in the fifth sentence, by striking ``Agency'' and 
     inserting ``Department of State'';
       (5) in section 28 (22 U.S.C. 2568)--
       (A) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State'';
       (B) in the second sentence--
       (i) by striking ``Agency'' each place it appears and 
     inserting ``Department of State''; and
       (ii) by striking ``Agency's'' and inserting ``Department of 
     State's''; and
       (C) by striking the fourth sentence;
       (6) in section 31 (22 U.S.C. 2571)--
       (A) by inserting ``this title in'' after ``powers in'';
       (B) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State'';
       (C) by striking ``insure'' each place it appears and 
     inserting ``ensure'';
       (D) in the second sentence, by striking ``in accordance 
     with procedures established under section 35 of this Act'';
       (E) in the fourth sentence by striking ``The authority'' 
     and all that follows through ``disarmament:'' and inserting 
     the following: ``The authority of the Secretary under this 
     Act with respect to research, development, and other studies 
     concerning arms control, nonproliferation, and disarmament 
     shall be limited to participation in the following:''; and
       (F) in subsection (l), by inserting ``and'' at the end;
       (7) in section 32 (22 U.S.C. 2572)--
       (A) by striking ``Director'' and inserting ``Secretary of 
     State''; and
       (B) by striking ``subsection'' and inserting ``section'';
       (8) in section 33(a) (22 U.S.C. 2573(a))--
       (A) by striking ``the Secretary of State,''; and
       (B) by striking ``Director'' and inserting ``Secretary of 
     State'';
       (9) in section 34 (22 U.S.C. 2574)--
       (A) in subsection (a)--
       (i) in the first sentence, by striking ``Director'' and 
     inserting ``Secretary of State'';
       (ii) in the first sentence, by striking ``and the Secretary 
     of State'';
       (iii) in the first sentence, by inserting ``, 
     nonproliferation,'' after ``in the fields of arms control'';
       (iv) in the first sentence, by striking ``and shall have 
     primary responsibility, whenever directed by the President, 
     for the preparation, conduct, and management of the United 
     States participation in international negotiations and 
     implementation fora in the field of nonproliferation'';
       (v) in the second sentence, by striking ``section 27'' and 
     inserting ``section 201''; and
       (vi) in the second sentence, by striking ``the'' after 
     ``serve as'';
       (B) by striking subsection (b);
       (C) by redesignating subsection (c) as subsection (b); and
       (D) in subsection (b) (as redesignated)--
       (i) in the text above paragraph (1), by striking 
     ``Director'' and inserting ``Secretary of State'';
       (ii) by striking paragraph (1); and
       (iii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (10) in section 36 (22 U.S.C. 2576)--
       (A) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State''; and
       (B) by striking ``, in accordance with the procedures 
     established pursuant to section 35 of this Act,'';
       (11) in section 37 (22 U.S.C. 2577)--
       (A) by striking ``Director'' and ``Agency'' each place it 
     appears and inserting ``Secretary of State'' or ``Department 
     of State'', respectively; and
       (B) by striking subsection (d);
       (12) in section 38 (22 U.S.C. 2578)--
       (A) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State''; and
       (B) by striking subsection (c);
       (13) in section 41 (22 U.S.C. 2581)--
       (A) by striking ``In the performance of his functions, the 
     Director'' and inserting ``In addition to any authorities 
     otherwise available, the Secretary of State in the 
     performance of functions under this Act'';
       (B) by striking ``Agency'', ``Agency's'', ``Director'', and 
     ``Director's'' each place they appear and inserting 
     ``Department of State'', ``Department of State's'', 
     ``Secretary of State'', or ``Secretary of State's'', as 
     appropriate;
       (C) in subsection (a), by striking the sentence that begins 
     ``It is the intent'';
       (D) in subsection (b)--
       (i) by striking ``appoint officers and employees, including 
     attorneys, for the Agency in accordance with the provisions 
     of title 5, United States Code, governing appointment in the 
     competitive service, and fix their compensation in accordance 
     with chapter 51 and with subchapter III of chapter 53 of such 
     title, relating to classification and General Schedule pay 
     rates, except that the Director may, to the extent the 
     Director determines necessary to the discharge of his 
     responsibilities,'';
       (ii) in paragraph (1), by striking ``exception'' and 
     inserting ``subsection''; and
       (iii) in paragraph (2)--

       (I) by striking ``exception'' and inserting ``subsection''; 
     and
       (II) by striking ``ceiling'' and inserting ``positions 
     allocated to carry out the purpose of this Act'';

       (E) by striking subsection (g);
       (F) by redesignating subsections (h), (i), and (j) as 
     subsections (g), (h), and (i), respectively;
       (G) by amending subsection (f) to read as follows:
       ``(f) establish a scientific and policy advisory board to 
     advise with and make recommendations to the Secretary of 
     State on United States arms control, nonproliferation, and 
     disarmament policy and activities. A majority of the board 
     shall be composed of individuals who have a demonstrated 
     knowledge and technical expertise with respect to arms 
     control, nonproliferation, and disarmament matters and who 
     have distinguished themselves in any of the fields of 
     physics, chemistry, mathematics, biology, or engineering, 
     including weapons engineering. The members of the board may 
     receive the compensation and reimbursement for expenses 
     specified for consultants by subsection (d) of this 
     section;''; and
       (H) in subsection (h) (as redesignated), by striking 
     ``Deputy Director'' and inserting ``Under Secretary for Arms 
     Control and International Security'';
       (14) in section 44 (22 U.S.C. 2584)--
       (A) by striking ``conflict-of-interest and'';
       (B) by striking ``The members'' and all that follows 
     through ``(5 U.S.C. 2263), or any other'' and inserting 
     ``Members of advisory boards and consultants may serve as 
     such without regard to any''; and
       (C) by inserting at the end the following new sentence: 
     ``This section shall apply only to individuals carrying out 
     activities related to arms control, nonproliferation, and 
     disarmament.'';
       (15) in section 51 (22 U.S.C. 2593a)--
       (A) in subsection (a)--
       (i) in paragraphs (1) and (3), by inserting ``, 
     nonproliferation,'' after ``arms control'' each place it 
     appears;
       (ii) by striking ``Director, in consultation with the 
     Secretary of State,'' and inserting ``Secretary of State with 
     the concurrence of the Director of Central Intelligence and 
     in consultation with'';
       (iii) by striking ``the Chairman of the Joint Chiefs of 
     Staff, and the Director of Central Intelligence'' and 
     inserting ``and the Chairman of the Joint Chiefs of Staff'';
       (iv) by striking paragraphs (2) and (4); and
       (v) by redesignating paragraphs (3), (5), (6), and (7) as 
     paragraphs (2) through (5), respectively; and
       (B) by adding at the end of subsection (b) the following: 
     ``The portions of this report described in paragraphs (4) and 
     (5) of subsection (a) shall summarize in detail, at least in 
     classified annexes, the information, analysis, and 
     conclusions relevant to possible noncompliance by other 
     nations that are provided by United States intelligence 
     agencies.'';
       (16) in section 52 (22 U.S.C. 2593b), by striking 
     ``Director'' and inserting ``Secretary of State'';
       (17) in section 61 (22 U.S.C. 2593a)--
       (A) in paragraph (1), by striking ``United States Arms 
     Control and Disarmament Agency'' and inserting ``Department 
     of State'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraphs (3) through (7) as 
     paragraphs (2) through (6), respectively;
       (D) in paragraph (4) (as redesignated), by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (E) in paragraph (6) (as redesignated), by striking 
     ``United States Arms Control and Disarmament Agency and 
     the'';
       (18) in section 62 (22 U.S.C. 2595a)--
       (A) in subsection (c)--
       (i) in the subsection heading, by striking ``Director'' and 
     inserting ``Secretary of State''; and
       (ii) by striking ``2(d), 22, and 34(c)'' and inserting 
     ``102(3) and 304(b)''; and
       (B) by striking ``Director'' and inserting ``Secretary of 
     State'';
       (19) in section 64 (22 U.S.C. 2595b-1)--
       (A) by striking the section title and inserting ``sec. 503. 
     review of certain reprogramming notifications.'';
       (B) by striking subsection (a); and
       (C) in subsection (b)--
       (i) by striking ``(b) Review of Certain Reprogramming 
     Notifications.--''; and
       (ii) by striking ``Foreign Affairs'' and inserting 
     ``International Relations'';
       (20) in section 65(1) (22 U.S.C. 2595c(1)) by inserting 
     ``of America'' after ``United States''; and

[[Page S12367]]

       (21) by redesignating sections 1, 2, 3, 27, 28, 31, 32, 33, 
     34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, and 65, as 
     amended by this section, as sections 101, 102, 103, 201, 202, 
     301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 
     501, 502, 503, and 504, respectively.

     SEC. 1224. COMPENSATION OF OFFICERS.

       Title 5, United States Code, is amended--
       (1) in section 5313, by striking ``Director of the United 
     States Arms Control and Disarmament Agency.'';
       (2) in section 5314, by striking ``Deputy Director of the 
     United States Arms Control and Disarmament Agency.'';
       (3) in section 5315--
       (A) by striking ``Assistant Directors, United States Arms 
     Control and Disarmament Agency (4).''; and
       (B) by striking ``Special Representatives of the President 
     for arms control, nonproliferation, and disarmament matters, 
     United States Arms Control and Disarmament Agency'', and 
     inserting ``Special Representatives of the President for arms 
     control, nonproliferation, and disarmament matters, 
     Department of State''; and
       (4) in section 5316, by striking ``General Counsel of the 
     United States Arms Control and Disarmament Agency.''.

     SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.

       (a) Arms Export Control Act.--The Arms Export Control Act 
     is amended--
       (1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by 
     striking ``Director of the Arms Control and Disarmament 
     Agency in consultation with the Secretary of State and the 
     Secretary of Defense'' and inserting ``Secretary of State in 
     consultation with the Secretary of Defense and the Director 
     of Central Intelligence'';
       (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
       (A) in the first sentence, by striking ``be made in 
     coordination with the Director of the United States Arms 
     Control and Disarmament Agency, taking into account the 
     Director's assessment as to'' and inserting ``take into 
     account''; and
       (B) by striking the second sentence;
       (3) in section 42(a) (22 U.S.C. 2791(a))--
       (A) in paragraph (1)(C), by striking ``the assessment of 
     the Director of the United States Arms Control and 
     Disarmament Agency as to'';
       (B) by striking ``(1)'' after ``(a)''; and
       (C) by striking paragraph (2);
       (4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``, 
     the Director of the Arms Control and Disarmament Agency,'';
       (5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking 
     ``and the Director of the United States Arms Control and 
     Disarmament Agency'';
       (6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
       (A) by striking ``, the Secretary of Commerce, and the 
     Director of the United States Arms Control and Disarmament 
     Agency'' and inserting ``and the Secretary of Commerce''; and
       (B) by striking ``or the Director'';
       (7) in section 71(c) (22 U.S.C. 2797(c)), by striking 
     ``with the Director of the United States Arms Control and 
     Disarmament Agency,''; and
       (8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``, 
     the Secretary of Commerce, and the Director of the United 
     States Arms Control and Disarmament Agency'' and inserting 
     ``and the Secretary of Commerce''.
       (b) Foreign Assistance Act.--Section 511 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321d) is amended by 
     striking ``be made in coordination with the Director of the 
     United States Arms Control and Disarmament Agency and shall 
     take into account his opinion as to'' and inserting ``take 
     into account''.
       (c) United States Institute of Peace Act.--
       (1) Section 1706(b) of the United States Institute of Peace 
     Act (22 U.S.C. 4605(b)) is amended--
       (A) by striking paragraph (3);
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (C) in paragraph (4) (as redesignated), by striking 
     ``Eleven'' and inserting ``Twelve''.
       (2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) 
     is amended by striking ``, Director of the Arms Control and 
     Disarmament Agency''.
       (d) Atomic Energy Act of 1954.--The Atomic Energy Act of 
     1954 is amended--
       (1) in section 57b. (42 U.S.C. 2077(b))--
       (A) in the first sentence, by striking ``the Arms Control 
     and Disarmament Agency,''; and
       (B) in the second sentence, by striking ``the Director of 
     the Arms Control and Disarmament Agency,'';
       (2) in section 109b. (42 U.S.C. 2129(b)), by striking ``and 
     the Director'';
       (3) in section 111b. (42 U.S.C. 2131(b)) by striking ``the 
     Arms Control and Disarmament Agency, the Nuclear Regulatory 
     Commission,'' and inserting ``the Nuclear Regulatory 
     Commission'';
       (4) in section 123 (42 U.S.C. 2153)--
       (A) in subsection a., in the third sentence--
       (i) by striking ``and in consultation with the Director of 
     the Arms Control and Disarmament Agency (`the Director')'';
       (ii) by inserting ``and'' after ``Energy,'';
       (iii) by striking ``Commission, and the Director, who'' and 
     inserting ``Commission. The Secretary of State''; and
       (iv) after ``nuclear explosive purpose.'', by inserting the 
     following new sentence: ``Each Nuclear Proliferation 
     Assessment Statement prepared pursuant to this Act shall be 
     accompanied by a classified annex, prepared in consultation 
     with the Director of Central Intelligence, summarizing 
     relevant classified information.'';
       (B) in subsection d., in the first proviso--
       (i) by striking `` Nuclear Proliferation Assessment 
     Statement prepared by the Director of the Arms Control and 
     Disarmament Agency,'' and inserting ``Nuclear Proliferation 
     Assessment Statement prepared by the Secretary of State, and 
     any annexes thereto,''; and
       (ii) by striking ``has been'' and inserting ``have been''; 
     and
       (C) in the first undesignated paragraph following 
     subsection d., by striking ``the Arms Control and Disarmament 
     Agency,'';
       (5) in section 126a.(1), by striking ``the Director of the 
     Arms Control and Disarmament Agency, and the Nuclear 
     Regulatory Commission'' and inserting ``and the Nuclear 
     Regulatory Commission,'';
       (6) in section 131a. (42 U.S.C. 2160(a))--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``the Director,'';
       (ii) in the third sentence, by striking ``the Director 
     declares that he intends'' and inserting ``the Secretary of 
     State is required''; and
       (iii) in the third sentence, by striking ``the Director's 
     declaration'' and inserting ``the requirement to prepare a 
     Nuclear Proliferation Assessment Statement'';
       (B) in paragraph (2)--
       (i) by striking ``Director's view'' and inserting ``view of 
     the Secretary of State, Secretary of Energy, Secretary of 
     Defense, or the Commission''; and
       (ii) by striking ``he may prepare'' and inserting ``the 
     Secretary of State, in consultation with such Secretary or 
     the Commission, shall prepare''; and
       (7) in section 131c. (42 U.S.C. 2160(c))--
       (A) in the first sentence, by striking ``, the Director of 
     the Arms Control and Disarmament Agency,'';
       (B) in the sixth and seventh sentences, by striking 
     ``Director'' each place it appears and inserting ``Secretary 
     of State''; and
       (C) in the seventh sentence, by striking ``Director's'' and 
     inserting ``Secretary of State's''.
       (e) Nuclear Non-Proliferation Act of 1978.--The Nuclear 
     Non-Proliferation Act of 1978 is amended--
       (1) in section 4 (22 U.S.C. 3203)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) through (8) as 
     paragraphs (2) through (7), respectively;
       (2) in section 102 (22 U.S.C. 3222), by striking ``, the 
     Secretary of State, and the Director of the Arms Control and 
     Disarmament Agency'' and inserting ``and the Secretary of 
     State'';
       (3) in section 304(d) (42 U.S.C. 2156a), by striking ``the 
     Secretary of Defense, and the Director,'' and inserting ``and 
     the Secretary of Defense,'';
       (4) in section 309 (42 U.S.C. 2139a)--
       (A) in subsection (b), by striking ``the Department of 
     Commerce, and the Arms Control and Disarmament Agency'' and 
     inserting ``and the Department of Commerce''; and
       (B) in subsection (c), by striking ``the Arms Control and 
     Disarmament Agency,'';
       (5) in section 406 (42 U.S.C. 2160a), by inserting ``, or 
     any annexes thereto,'' after ``Statement''; and
       (6) in section 602 (22 U.S.C. 3282)--
       (A) in subsection (c), by striking ``the Arms Control and 
     Disarmament Agency,''; and
       (B) in subsection (e), by striking ``and the Director''.
       (f) State Department Basic Authorities Act of 1956.--
     Section 23(a) of the State Department basic Authorities Act 
     of 1956 (22 U.S.C. 2695(a)) is amended by striking ``the 
     Agency for International Development, and the Arms Control 
     and Disarmament Agency'' and inserting ``and the Agency for 
     International Development''.
       (g) Foreign Relations Authorization Act of 1972.--Section 
     502 of the Foreign Relations Authorization Act of 1972 (2 
     U.S.C. 194a) is amended by striking ``the United States Arms 
     Control and Disarmament Agency,''.
       (h) Title 49.--Section 40118(d) of title 49, United States 
     Code, is amended by striking ``, or the Director of the Arms 
     Control and Disarmament Agency''.
              TITLE XIII--UNITED STATES INFORMATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1301. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) October 1, 1999; or
       (2) the date of abolition of the United States Information 
     Agency pursuant to the reorganization plan described in 
     section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

     SEC. 1311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

       The United States Information Agency (other than the 
     Broadcasting Board of Governors and the International 
     Broadcasting Bureau) is abolished.

     SEC. 1312. TRANSFER OF FUNCTIONS.

       (a) In General.--There are transferred to the Secretary of 
     State all functions of the Director of the United States 
     Information Agency and all functions of the United States 
     Information Agency and any office or component of such 
     agency, under any statute, reorganization plan, Executive 
     order, or other provision of law, as of the day before the 
     effective date of this title.
       (b) Exception.--Subsection (a) does not apply to the 
     Broadcasting Board of Governors, the International 
     Broadcasting Bureau, or any function performed by the Board 
     or the Bureau.

     SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

       Section 1(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is 
     further amended by adding at the end the following new 
     paragraph:
       ``(3) Under secretary for public diplomacy.--There shall be 
     in the Department of State, among the Under Secretaries 
     authorized by paragraph (1), an Under Secretary for Public 
     Diplomacy, who shall have primary responsibility to assist 
     the Secretary and the Deputy Secretary in the formation and 
     implementation of United States public diplomacy policies and 
     activities, including international educational and cultural 
     exchange programs, information, and international 
     broadcasting.''.

[[Page S12368]]

     SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED 
                   STATES INFORMATION AGENCY AND TRANSFER OF 
                   FUNCTIONS.

       (a) Abolition of Office.--The Office of Inspector General 
     of the United States Information Agency is abolished.
       (b) Amendments to Inspector General Act of 1978.--Section 
     11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in paragraph (1), by striking ``the Office of Personnel 
     Management, the United States Information Agency'' and 
     inserting ``or the Office of Personnel Management''; and
       (2) in paragraph (2), by striking ``the United States 
     Information Agency,''.
       (c) Executive Schedule.--Section 5315 of title 5, United 
     States Code, is amended by striking the following:
       ``Inspector General, United States Information Agency.''.
       (d) Amendments to Public Law 103-236.--Subsections (i) and 
     (j) of section 308 of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are 
     amended--
       (1) by striking ``Inspector General of the United States 
     Information Agency'' each place it appears and inserting 
     ``Inspector General of the Department of State and the 
     Foreign Service''; and
       (2) by striking ``, the Director of the United States 
     Information Agency,''.
       (e) Transfer of Functions.--There are transferred to the 
     Office of the Inspector General of the Department of State 
     and the Foreign Service the functions that the Office of 
     Inspector General of the United States Information Agency 
     exercised before the effective date of this title (including 
     all related functions of the Inspector General of the United 
     States Information Agency).

                 CHAPTER 3--INTERNATIONAL BROADCASTING

     SEC. 1321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

       Congress finds that--
       (1) it is the policy of the United States to promote the 
     right of freedom of opinion and expression, including the 
     freedom ``to seek, receive, and impart information and ideas 
     through any media and regardless of frontiers'', in 
     accordance with Article 19 of the Universal Declaration of 
     Human Rights;
       (2) open communication of information and ideas among the 
     peoples of the world contributes to international peace and 
     stability, and the promotion of such communication is in the 
     interests of the United States;
       (3) it is in the interest of the United States to support 
     broadcasting to other nations consistent with the 
     requirements of this chapter and the United States 
     International Broadcasting Act of 1994; and
       (4) international broadcasting is, and should remain, an 
     essential instrument of United States foreign policy.

     SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF 
                   GOVERNORS.

       Section 304(a) of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to 
     read as follows:
       ``(a) Continued Existence Within Executive Branch.--
       ``(1) In general.--The Broadcasting Board of Governors 
     shall continue to exist within the Executive branch of 
     Government as an entity described in section 104 of title 5, 
     United States Code.
       ``(2) Retention of existing board members.--The members of 
     the Broadcasting Board of Governors appointed by the 
     President pursuant to subsection (b)(1)(A) before the 
     effective date of title XIII of the Foreign Affairs Agencies 
     Consolidation Act of 1997 and holding office as of that date 
     may serve the remainder of their terms of office without 
     reappointment.
       ``(3) Inspector general authorities.--
       ``(A) In general.--The Inspector General of the Department 
     of State and the Foreign Service shall exercise the same 
     authorities with respect to the Broadcasting Board of 
     Governors and the International Broadcasting Bureau as the 
     Inspector General exercises under the Inspector General Act 
     of 1978 and section 209 of the Foreign Service Act of 1980 
     with respect to the Department of State.
       ``(B) Respect for journalistic integrity of broadcasters.--
     The Inspector General shall respect the journalistic 
     integrity of all the broadcasters covered by this title and 
     may not evaluate the philosophical or political perspectives 
     reflected in the content of broadcasts.''.

     SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES 
                   INTERNATIONAL BROADCASTING ACT OF 1994.

       (a) References in Section.--Whenever in this section an 
     amendment or repeal is expressed as an amendment or repeal of 
     a provision, the reference shall be deemed to be made to the 
     United States International Broadcasting Act of 1994 (22 
     U.S.C. 6201 et seq.).
       (b) Substitution of Secretary of State.--Sections 
     304(b)(1)(B), 304(b) (2) and (3), 304(c), and 304(e) (22 
     U.S.C. 6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), and 
     6203(e)) are amended by striking ``Director of the United 
     States Information Agency'' each place it appears and 
     inserting ``Secretary of State''.
       (c) Substitution of Acting Secretary of State.--Section 
     304(c) (22 U.S.C. 6203(c)) is amended by striking ``acting 
     Director of the agency'' and inserting ``Acting Secretary of 
     State''.
       (d) Standards and Principles of International 
     Broadcasting.--Section 303(b) (22 U.S.C. 6202(b)) is 
     amended--
       (1) in paragraph (3), by inserting ``, including 
     editorials, broadcast by the Voice of America, which present 
     the views of the United States Government'' after 
     ``policies'';
       (2) by redesignating paragraphs (4) through (9) as 
     paragraphs (5) through (10), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) the capability to provide a surge capacity to support 
     United States foreign policy objectives during crises 
     abroad;'';
       (e) Authorities of the Board.--Section 305(a) (22 U.S.C. 
     6204(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``direct and''; and
       (B) by striking ``and the Television Broadcasting to Cuba 
     Act'' and inserting ``, the Television Broadcasting to Cuba 
     Act, and Worldnet Television, except as provided in section 
     306(b)'';
       (2) in paragraph (4), by inserting ``, after consultation 
     with the Secretary of State,'' after ``annually,'';
       (3) in paragraph (9)--
       (A) by striking ``, through the Director of the United 
     States Information Agency,''; and
       (B) by adding at the end the following new sentence: ``Each 
     annual report shall place special emphasis on the assessment 
     described in paragraph (2).'';
       (4) in paragraph (12)--
       (A) by striking ``1994 and 1995'' and inserting ``1998 and 
     1999''; and
       (B) by striking ``to the Board for International 
     Broadcasting for such purposes for fiscal year 1993'' and 
     inserting ``to the Board and the International Broadcasting 
     Bureau for such purposes for fiscal year 1997''; and
       (5) by adding at the end the following new paragraphs:
       ``(15)(A) To procure temporary and intermittent personal 
     services to the same extent as is authorized by section 3109 
     of title 5, United States Code, at rates not to exceed the 
     daily equivalent of the rate provided for positions 
     classified above grade GS-15 of the General Schedule under 
     section 5108 of title 5, United States Code.
       ``(B) To allow those providing such services, while away 
     from their homes or their regular places of business, travel 
     expenses (including per diem in lieu of subsistence) as 
     authorized by section 5703 of title 5, United States Code, 
     for persons in the Government service employed 
     intermittently, while so employed.
       ``(16) To procure, pursuant to section 1535 of title 31, 
     United States Code (commonly known as the `Economy Act'), 
     such goods and services from other departments or agencies 
     for the Board and the International Broadcasting Bureau as 
     the Board determines are appropriate.
       ``(17) To utilize the provisions of titles III, IV, V, VII, 
     VIII, IX, and X of the United States Information and 
     Educational Exchange Act of 1948, and section 6 of 
     Reorganization Plan Number 2 of 1977, as in effect on the day 
     before the effective date of title XIII of the Foreign 
     Affairs Agencies Consolidation Act of 1997, to the extent the 
     Board considers necessary in carrying out the provisions and 
     purposes of this title.
       ``(18) To utilize the authorities of any other statute, 
     reorganization plan, Executive order, regulation, agreement, 
     determination, or other official document or proceeding that 
     had been available to the Director of the United States 
     Information Agency, the Bureau, or the Board before the 
     effective date of title XIII of the Foreign Affairs 
     Consolidation Act of 1997 for carrying out the broadcasting 
     activities covered by this title.''.
       (f) Delegation of Authority.--Section 305 (22 U.S.C. 6204) 
     is amended--
       (1) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Delegation of Authority.--The Board may delegate to 
     the Director of the International Broadcasting Bureau, or any 
     other officer or employee of the United States, to the extent 
     the Board determines to be appropriate, the authorities 
     provided in this section, except those authorities provided 
     in paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of 
     subsection (a).''.
       (g) Broadcasting Budgets.--Section 305(c)(1) (as 
     redesignated) is amended--
       (1) by striking ``(1)'' before ``The Director''; and
       (2) by striking ``the Director of the United States 
     Information Agency for the consideration of the Director as a 
     part of the Agency's budget submission to''.
       (h) Repeal.--Section 305(c)(2) (as redesignated) is 
     repealed.
       (i) Implementation.--Section 305(d) (as redesignated) is 
     amended to read as follows:
       ``(d) Professional Independence of Broadcasters.--The 
     Secretary of State and the Board, in carrying out their 
     functions, shall respect the professional independence and 
     integrity of the International Broadcasting Bureau, its 
     broadcasting services, and the grantees of the Board.''.
       (j) Foreign Policy Guidance.--Section 306 (22 U.S.C. 6205) 
     is amended--
       (1) in the section heading, by striking ``FOREIGN POLICY 
     GUIDANCE'' and inserting ``ROLE OF THE SECRETARY OF STATE'';
       (2) by inserting ``(a) Foreign Policy Guidance.--'' 
     immediately before ``To'';
       (3) by striking ``State, acting through the Director of the 
     United States Information Agency,'' and inserting ``State'';
       (4) by inserting before the period at the end the 
     following: ``, as the Secretary may deem appropriate''; and
       (5) by adding at the end the following:
       ``(b) Certain Worldnet Programming.--The Secretary of State 
     is authorized to use Worldnet broadcasts for the purposes of 
     continuing interactive dialogues with foreign media and other 
     similar overseas public diplomacy programs sponsored by the 
     Department of State. The Chairman of the Broadcasting Board 
     of Governors shall provide access to Worldnet for this 
     purpose on a nonreimbursable basis.''.
       (k) International Broadcasting Bureau.--Section 307 (22 
     U.S.C. 6206) is amended--

[[Page S12369]]

       (1) in subsection (a), by striking ``within the United 
     States Information Agency'' and inserting ``under the 
     Board'';
       (2) in subsection (b)(1), by striking ``Chairman of the 
     Board, in consultation with the Director of the United States 
     Information Agency and with the concurrence of a majority of 
     the Board'' and inserting ``President, by and with the advice 
     and consent of the Senate'';
       (3) by redesignating subsection (b)(1) as subsection (b);
       (4) by striking subsection (b)(2); and
       (5) by adding at the end the following new subsection:
       ``(c) Responsibilities of the Director.--The Director shall 
     organize and chair a coordinating committee to examine and 
     make recommendations to the Board on long-term strategies for 
     the future of international broadcasting, including the use 
     of new technologies, further consolidation of broadcast 
     services, and consolidation of currently existing public 
     affairs and legislative relations functions in the various 
     international broadcasting entities. The coordinating 
     committee shall include representatives of Radio Free Asia, 
     RFE/RL, Incorporated, the Broadcasting Board of Governors, 
     and, as appropriate, the Office of Cuba Broadcasting, the 
     Voice of America, and Worldnet.''.
       (l) Repeals.--The following provisions of law are repealed:
       (1) Subsections (k) and (l) of section 308 (22 U.S.C. 6207 
     (k), (l)).
       (2) Section 310 (22 U.S.C. 6209).

     SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.

       The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) 
     is amended--
       (1) by striking ``United States Information Agency'' each 
     place it appears and inserting ``Broadcasting Board of 
     Governors'';
       (2) by striking ``Agency'' each place it appears and 
     inserting ``Board'';
       (3) by striking ``the Director of the United States 
     Information Agency'' each place it appears and inserting 
     ``the Broadcasting Board of Governors'';
       (4) in section 4 (22 U.S.C. 1465b), by striking ``the Voice 
     of America'' and inserting ``the International Broadcasting 
     Bureau'';
       (5) in section 5 (22 U.S.C. 1465c)--
       (A) by striking ``Board'' each place it appears and 
     inserting ``Advisory Board''; and
       (B) in subsection (a), by striking the first sentence and 
     inserting ``There is established within the Office of the 
     President the Advisory Board for Cuba Broadcasting (in this 
     Act referred to as the `Advisory Board').''; and
       (6) by striking any other reference to ``Director'' not 
     amended by paragraph (3) each place it appears and inserting 
     ``Board''.

     SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA 
                   ACT.

       The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa 
     et seq.) is amended--
       (1) in section 243(a) (22 U.S.C. 1465bb(a)) and section 246 
     (22 U.S.C. 1465dd), by striking ``United States Information 
     Agency'' each place it appears and inserting ``Broadcasting 
     Board of Governors'';
       (2) in section 243(c) (22 U.S.C. 1465bb(c))--
       (A) in the subsection heading, by striking ``USIA''; and
       (B) by striking `` `USIA Television'' and inserting ``the 
     `Television'';
       (3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246 
     (22 U.S.C. 1465dd), by striking ``Agency'' each place it 
     appears and inserting ``Board'';
       (4) in section 244 (22 U.S.C. 1465cc)--
       (A) in the section heading, by striking ``OF THE UNITED 
     STATES INFORMATION AGENCY'';
       (B) in subsection (a)--
       (i) in the first sentence, by striking ``The Director of 
     the United States Information Agency shall establish'' and 
     inserting ``There is''; and
       (ii) in the second sentence--

       (I) by striking ``Director of the United States Information 
     Agency'' and inserting ``Broadcasting Board of Governors''; 
     and
       (II) by striking ``the Director of the Voice of America'' 
     and inserting ``the International Broadcasting Bureau'';

       (C) in subsection (b)--
       (i) by striking ``Agency facilities'' and inserting ``Board 
     facilities''; and
       (ii) by striking ``Information Agency'' and inserting 
     ``International''; and
       (D) in the heading of subsection (c), by striking ``USIA''; 
     and
       (5) in section 245(d) (22 U.S.C. 1465c note), by striking 
     ``Board'' and inserting ``Advisory Board''.

     SEC. 1326. TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, 
                   AND PERSONNEL.

       (a) Transfer and Allocation of Property and 
     Appropriations.--
       (1) In general.--The assets, liabilities (including 
     contingent liabilities arising from suits continued with a 
     substitution or addition of parties under section 1327(d)), 
     contracts, property, records, and unexpended balance of 
     appropriations, authorizations, allocations, and other funds 
     employed, held, used, arising from, available to, or to be 
     made available in connection with the functions and offices 
     of USIA transferred to the Broadcasting Board of Governors by 
     this chapter shall be transferred to the Broadcasting Board 
     of Governors for appropriate allocation.
       (2) Additional transfers.--In addition to the transfers 
     made under paragraph (1), there shall be transferred to the 
     Chairman of the Broadcasting Board of Governors the assets, 
     contracts, property, records, and unexpended balance of 
     appropriations, authorizations, allocations, and other funds, 
     as determined by the Secretary, in concurrence with the 
     Broadcasting Board of Governors, to support the functions 
     transferred by this chapter.
       (b) Transfer of Personnel.--Notwithstanding any other 
     provision of law--
       (1) except as provided in subsection (c), all personnel and 
     positions of USIA employed or maintained to carry out the 
     functions transferred by this chapter to the Broadcasting 
     Board of Governors shall be transferred to the Broadcasting 
     Board of Governors at the same grade or class and the same 
     rate of basic pay or basic salary rate and with the same 
     tenure held immediately preceding transfer; and
       (2) the personnel and positions of USIA, as determined by 
     the Secretary of State, with the concurrence of the 
     Broadcasting Board of Governors and the Director of USIA, to 
     support the functions transferred by this chapter shall be 
     transferred to the Broadcasting Board of Governors, including 
     the International Broadcasting Bureau, at the same grade or 
     class and the same rate of basic pay or basic salary rate and 
     with the same tenure held immediately preceding transfer.
       (c) Transfer and Allocation of Property, Appropriations, 
     and Personnel Associated With Worldnet.--USIA personnel 
     responsible for carrying out interactive dialogs with foreign 
     media and other similar overseas public diplomacy programs 
     using the Worldnet television broadcasting system, and funds 
     associated with such personnel, shall be transferred to the 
     Department of State in accordance with the provisions of 
     title XVI of this subdivision.
       (d) Incidental Transfers.--The Director of the Office of 
     Management and Budget, when requested by the Broadcasting 
     Board of Governors, is authorized to make such incidental 
     dispositions of personnel, assets, liabilities, grants, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     held, used, arising from, available to, or to be made 
     available in connection with functions and offices 
     transferred from USIA, as may be necessary to carry out the 
     provisions of this section.

     SEC. 1327. SAVINGS PROVISIONS.

       (a) Continuing Legal Force and Effect.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions exercised by the Broadcasting 
     Board of Governors of the United States Information Agency on 
     the day before the effective date of this title, and
       (2) that are in effect at the time this title takes effect, 
     or were final before the effective date of this title and are 
     to become effective on or after the effective date of this 
     title,
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Broadcasting Board 
     of Governors, or other authorized official, a court of 
     competent jurisdiction, or by operation of law.
       (b) Pending Proceedings.--
       (1) In general.--The provisions of this chapter, or 
     amendments made by this chapter, shall not affect any 
     proceedings, including notices of proposed rulemaking, or any 
     application for any license, permit, certificate, or 
     financial assistance pending before the Broadcasting Board of 
     Governors of the United States Information Agency at the time 
     this title takes effect, with respect to functions exercised 
     by the Board as of the effective date of this title but such 
     proceedings and applications shall be continued.
       (2) Orders, appeals, and payments.--Orders shall be issued 
     in such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     chapter had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law.
       (3) Statutory construction.--Nothing in this subsection 
     shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this chapter had not 
     been enacted.
       (c) Nonabatement of Proceedings.--No suit, action, or other 
     proceeding commenced by or against any officer in the 
     official capacity of such individual as an officer of the 
     Broadcasting Board of Governors, or any commission or 
     component thereof, shall abate by reason of the enactment of 
     this chapter. No cause of action by or against the 
     Broadcasting Board of Governors, or any commission or 
     component thereof, or by or against any officer thereof in 
     the official capacity of such officer, shall abate by reason 
     of the enactment of this chapter.
       (d) Continuation of Proceedings With Substitution of 
     Parties.--
       (1) Substitution of parties.--If, before the effective date 
     of this title, USIA or the Broadcasting Board of Governors, 
     or any officer thereof in the official capacity of such 
     officer, is a party to a suit which is related to the 
     functions transferred by this chapter, then effective on such 
     date such suit shall be continued with the Broadcasting Board 
     of Governors or other appropriate official of the Board 
     substituted or added as a party.
       (2) Liability of the board.--The Board shall participate in 
     suits continued under paragraph (1) where the Broadcasting 
     Board of Governors or other appropriate official of the Board 
     is added as a party and shall be liable for any judgments or 
     remedies in those suits or proceedings arising from the 
     exercise of the functions transferred by this chapter to the 
     same extent that USIA would have been liable if such judgment 
     or remedy had been rendered on the day before the abolition 
     of USIA.

[[Page S12370]]

       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the 
     Broadcasting Board of Governors relating to a function 
     exercised by the Board before the effective date of this 
     title may be continued by the Board with the same effect as 
     if this chapter had not been enacted.
       (f) References.--Reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the Broadcasting 
     Board of Governors of the United States Information Agency 
     with regard to functions exercised before the effective date 
     of this title, shall be deemed to refer to the Board.

     SEC. 1328. REPORT ON THE PRIVATIZATION OF RFE/RL, 
                   INCORPORATED.

       Not later than March 1 of each year, the Broadcasting Board 
     of Governors shall submit to the appropriate congressional 
     committees a report on the progress of the Board and of RFE/
     RL, Incorporated, on any steps taken to further the policy 
     declared in section 312(a) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995. The report 
     under this subsection shall include the following:
       (1) Efforts by RFE/RL, Incorporated, to terminate 
     individual language services.
       (2) A detailed description of steps taken with regard to 
     section 312(a) of that Act.
       (3) An analysis of prospects for privatization over the 
     coming year.
       (4) An assessment of the extent to which United States 
     Government funding may be appropriate in the year 2000 and 
     subsequent years for surrogate broadcasting to the countries 
     to which RFE/RL, Incorporated, broadcast during the year. 
     This assessment shall include an analysis of the environment 
     for independent media in those countries, noting the extent 
     of government control of the media, the ability of 
     independent journalists and news organizations to operate, 
     relevant domestic legislation, level of government harassment 
     and efforts to censor, and other indications of whether the 
     people of such countries enjoy freedom of expression.

                    CHAPTER 4--CONFORMING AMENDMENTS

     SEC. 1331. REFERENCES.

       (a) In General.--Except as otherwise provided in this 
     subdivision, any reference in any statute, reorganization 
     plan, Executive order, regulation, agreement, determination, 
     or other official document or proceeding to--
       (1) the Director of the United States Information Agency or 
     the Director of the International Communication Agency shall 
     be deemed to refer to the Secretary of State; and
       (2) the United States Information Agency, USIA, or the 
     International Communication Agency shall be deemed to refer 
     to the Department of State.
       (b) Continuing References to USIA or Director.--Subsection 
     (a) shall not apply to section 146 (a), (b), or (c) of the 
     Foreign Relations Authorization Act, Fiscal Years 1990 and 
     1991 (22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)).

     SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

       Title 5, United States Code, is amended--
       (1) in section 5313, by striking ``Director of the United 
     States Information Agency.'';
       (2) in section 5315--
       (A) by striking ``Deputy Director of the United States 
     Information Agency.''; and
       (B) by striking ``Director of the International 
     Broadcasting Bureau, the United States Information Agency.'' 
     and inserting ``Director of the International Broadcasting 
     Bureau.''; and
       (3) in section 5316--
       (A) by striking ``Deputy Director, Policy and Plans, United 
     States Information Agency.''; and
       (B) by striking ``Associate Director (Policy and Plans), 
     United States Information Agency.''.

     SEC. 1333. APPLICATION OF CERTAIN LAWS.

       (a) Application to Functions of Department of State.--
     Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 
     202 of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 
     of Public Law 99-93 (22 U.S.C. 1461-1a) shall not apply to 
     public affairs and other information dissemination functions 
     of the Secretary of State as carried out prior to any 
     transfer of functions pursuant to this subdivision.
       (b) Application to Functions Transferred to Department of 
     State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), 
     section 202 of Public Law 95-426 (22 U.S.C. 1461-1), and 
     section 208 of Public Law 99-93 (22 U.S.C. 1461-1a) shall 
     apply only to public diplomacy programs, personnel and 
     support of the Director of the United States Information 
     Agency as carried out prior to any transfer of functions 
     pursuant to this subdivision to the same extent that such 
     programs were covered by these provisions prior to such 
     transfer.
       (c) Limitation on Use of Funds.--Except as provided in 
     section 501 of Public Law 80-402 and section 208 of Public 
     Law 99-93, funds specifically authorized to be appropriated 
     for such public diplomacy programs shall not be used to 
     influence public opinion in the United States, and no program 
     material prepared using such funds shall be distributed or 
     disseminated in the United States.
       (d) Reporting Requirements.--The report submitted pursuant 
     to section 1601(f) of this subdivision shall include a 
     detailed statement of the manner in which the special mission 
     of public diplomacy carried out by USIA prior to the transfer 
     of functions under this subdivision shall be preserved within 
     the Department of State, including the planned duties and 
     responsibilities of any new bureaus that will perform such 
     public diplomacy functions. Such report shall also include 
     the best available estimates of--
       (1) the amounts to be expended by the Department of State 
     for public affairs programs during fiscal year 1998, and on 
     the personnel and support costs for such programs;
       (2) the amounts to be expended by USIA for its public 
     diplomacy programs during fiscal year 1998, and on the 
     personnel and support costs for such programs; and
       (3) the amounts, including funds to be transferred from 
     USIA and funds appropriated to the Department, that will be 
     allocated for the programs described in paragraphs (1) and 
     (2), respectively, during the fiscal year in which the 
     transfer of functions from USIA to the Department occurs.
       (e) Congressional Presentation Document.--The Department of 
     State's Congressional Presentation Document for fiscal year 
     2000 and each fiscal year thereafter shall include--
       (1) the aggregated amounts that the Department will spend 
     on such public diplomacy programs and on costs of personnel 
     for such programs, and a detailed description of the goals 
     and purposes for which such funds shall be expended; and
       (2) the amount of funds allocated to and the positions 
     authorized for such public diplomacy programs, including 
     bureaus to be created upon the transfer of functions from 
     USIA to the Department.

     SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON 
                   PUBLIC DIPLOMACY.

       (a) Abolition.--The United States Advisory Commission on 
     Public Diplomacy is abolished.
       (b) Repeals.--Section 604 of the United States Information 
     and Educational Exchange Act of 1948 (22 U.S.C. 1469) and 
     section 8 of Reorganization Plan Numbered 2 of 1977 are 
     repealed.

     SEC. 1335. CONFORMING AMENDMENTS.

       (a) The United States Information and Educational Exchange 
     Act of 1948 (22 U.S.C. 1431 et seq.) is amended--
       (1) in section 505 (22 U.S.C. 1464a)--
       (A) by striking ``Director of the United States Information 
     Agency'' each place it appears and inserting ``Broadcasting 
     Board of Governors'';
       (B) by striking ``United States Information Agency'' each 
     place it appears and inserting ``Broadcasting Board of 
     Governors'';
       (C) in subsection (b)--
       (i) by striking ``Agency's'' and all that follows through 
     `` `USIA-TV')'' and inserting ``television broadcasts of the 
     United States International Television Service''; and
       (ii) in paragraphs (1), (2), and (3), by striking ``USIA-
     TV'' each place it appears and inserting ``The United States 
     International Television Service''; and
       (D) in subsections (d) and (e), by striking ``USIA-TV'' 
     each place it appears and inserting ``the United States 
     International Television Service'';
       (2) in section 506(c) (22 U.S.C. 1464b(c))--
       (A) by striking ``Director of the United States Information 
     Agency'' and inserting ``Broadcasting Board of Governors'';
       (B) by striking ``Agency'' and inserting ``Board''; and
       (C) by striking ``Director'' and inserting ``Board''.
       (3) in section 705 (22 U.S.C 1477c)--
       (A) by striking subsections (a) and (c); and
       (B) in subsection (b)--
       (i) by striking ``(b) In addition, the United State 
     Information Agency'' and inserting ``The Department of 
     State''; and
       (ii) by striking ``program grants'' and inserting ``grants 
     for overseas public diplomacy programs'';
       (4) in section 801(7) (22 U.S.C. 1471(7))--
       (A) by striking ``Agency'' and inserting ``overseas public 
     diplomacy''; and
       (B) by inserting ``other'' after ``together with''; and
       (5) in section 812 (22 U.S.C. 1475g)--
       (A) by striking ``United States Information Agency post'' 
     each place it appears and inserting ``overseas public 
     diplomacy post'';
       (B) in subsection (a), by striking ``United States 
     Information Agency'' the first place it appears and inserting 
     ``Department of State'';
       (C) in subsection (b), by striking ``Director of the United 
     States Information Agency'' and inserting ``Secretary of 
     State''; and
       (D) in the section heading, by striking ``USIA'' and 
     inserting ``OVERSEAS PUBLIC DIPLOMACY''.
       (b) Section 212 of the Foreign Relations Authorization Act, 
     Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
       (1) by striking ``United States Information Agency'' each 
     place it appears and inserting ``Department of State'';
       (2) in subsection (a), by inserting ``for carrying out its 
     overseas public diplomacy functions'' after ``grants'';
       (3) in subsection (b)--
       (A) by striking ``a grant'' the first time it appears and 
     inserting ``an overseas public diplomacy grant''; and
       (B) in paragraph (1), by inserting ``such'' before ``a 
     grant'' the first place it appears;
       (4) in subsection (c)(1), by inserting ``overseas public 
     diplomacy'' before ``grants'';
       (5) in subsection (c)(3), by inserting ``such'' before 
     ``grant''; and
       (6) by striking subsection (d).
       (c) Section 602 of the National and Community Service Act 
     of 1990 (22 U.S.C. 2452a) is amended--
       (1) in the second sentence of subsection (a), by striking 
     ``United States Information Agency'' and inserting 
     ``Department of State''; and
       (2) in subsection (b)--
       (A) by striking ``appropriations account of the United 
     States Information Agency'' and inserting ``appropriate 
     appropriations account of the Department of State''; and
       (B) by striking ``and the United States Information 
     Agency''.
       (d) Section 305 of Public Law 97-446 (19 U.S.C. 2604) is 
     amended in the first sentence, by striking ``, after 
     consultation with the Director of the United States 
     Information Agency,''.
       (e) Section 601 of Public Law 103-227 (20 U.S.C. 5951(a)) 
     is amended by striking ``of the

[[Page S12371]]

     Director of the United States Information Agency and with'' 
     and inserting ``and''.
       (f) Section 1003(b) of the Fascell Fellowship Act (22 
     U.S.C. 4902(b)) is amended--
       (1) in the text above paragraph (1), by striking ``9 
     members'' and inserting ``7 members'';
       (2) in paragraph (4), by striking ``Six'' and inserting 
     ``Five'';
       (3) by striking paragraph (3); and
       (4) by redesignating paragraph (4) as paragraph (3).
       (g) Section 803 of the Intelligence Authorization Act, 
     Fiscal Year 1992 (50 U.S.C. 1903) is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (6); and
       (B) by redesignating paragraphs (7) and (8) as paragraphs 
     (6) and (7), respectively; and
       (2) in subsection (c), by striking ``subsection (b)(7)'' 
     and inserting ``subsection (b)(6)''.
       (h) Section 7 of the Federal Triangle Development Act (40 
     U.S.C. 1106) is amended--
       (1) in subsection (c)(1)--
       (A) in the text above subparagraph (A), by striking ``15 
     members'' and inserting ``14 members'';
       (B) by striking subparagraph (F); and
       (C) by redesignating subparagraphs (G) through (J) as 
     subparagraphs (F) through (I), respectively;
       (2) in paragraphs (3) and (5) of subsection (c), by 
     striking ``paragraph (1)(J)'' each place it appears and 
     inserting ``paragraph (1)(I)''; and
       (3) in subsection (d)(3) and subsection (e), by striking 
     ``the Administrator and the Director of the United States 
     Information Agency'' each place it appears and inserting 
     ``and the Administrator''.
       (i) Section 3 of the Woodrow Wilson Memorial Act of 1968 
     (Public Law 90-637; 20 U.S.C. 80f) is amended--
       (1) in subsection (b)--
       (A) in the text preceding paragraph (1), by striking ``19 
     members'' and inserting ``17 members'';
       (B) by striking paragraph (7);
       (C) by striking ``10'' in paragraph (10) and inserting 
     ``9''; and
       (D) by redesignating paragraphs (8) through (10) as 
     paragraphs (7) through (9), respectively; and
       (2) in subsection (c), by striking ``(9)'' and inserting 
     ``(8)''.
       (j) Section 624 of Public Law 89-329 (20 U.S.C. 1131c) is 
     amended by striking ``the United States Information 
     Agency,''.
       (k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et 
     seq.) is amended--
       (1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by 
     striking ``Director of the United States Information Agency'' 
     and inserting ``Broadcasting Board of Governors'';
       (2) in section 210 (22 U.S.C. 3930), by striking ``United 
     States Information Agency'' and inserting ``Broadcasting 
     Board of Governors'';
       (3) in section 1003(a) (22 U.S.C. 4103(a)), by striking 
     ``United States Information Agency'' and inserting 
     ``Broadcasting Board of Governors''; and
       (4) in section 1101(c) (22 U.S.C. 4131(c)), by striking 
     ``the United States Information Agency,'' and inserting 
     ``Broadcasting Board of Governors,''.
       (l) The Department of State Basic Authorities Act of 1956, 
     as amended by this division, is further amended--
       (1) in section 23(a) (22 U.S.C. 2695(a)), by striking 
     ``United States Information Agency'' and inserting 
     ``Broadcasting Board of Governors'';
       (2) in section 25(f) (22 U.S.C. 2697(f))--
       (A) by striking ``Director of the United States Information 
     Agency'' and inserting ``Broadcasting Board of Governors''; 
     and
       (B) by striking ``with respect to their respective 
     agencies'' and inserting ``with respect to the Board and the 
     Agency'';
       (3) in section 26(b) (22 U.S.C. 2698(b)), as amended by 
     this division--
       (A) by striking ``Director of the United States Information 
     Agency, the chairman of the Board for International 
     Broadcasting,'' and inserting ``Broadcasting Board of 
     Governors,''; and
       (B) by striking ``with respect to their respective 
     agencies'' and inserting ``with respect to the Board and the 
     Agency''; and
       (4) in section 32 (22 U.S.C. 2704), as amended by this 
     division, by striking ``the Director of the United States 
     Information Agency'' and inserting ``the Broadcasting Board 
     of Governors''.
       (m) Section 507(b)(3) of Public Law 103-317 (22 U.S.C. 
     2669a(b)(3)) is amended by striking ``, the United States 
     Information Agency,''.
       (n) Section 502 of Public Law 92-352 (2 U.S.C. 194a) is 
     amended by striking ``the United States Information 
     Agency,''.
       (o) Section 6 of Public Law 104-288 (22 U.S.C. 2141d) is 
     amended--
       (1) in subsection (a), by striking ``Director of the United 
     States Information Agency,''; and
       (2) in subsection (b), by striking ``the Director of the 
     United States Information Agency'' and inserting ``the Under 
     Secretary of State for Public Diplomacy''.
       (p) Section 40118(d) of title 49, United States Code, is 
     amended by striking ``, the Director of the United States 
     Information Agency,''.
       (q) Section 155 of Public Law 102-138 is amended--
       (1) by striking the comma before ``Department of Commerce'' 
     and inserting ``and''; and
       (2) by striking ``, and the United States Information 
     Agency''.
       (r) Section 107 of the Cuban Liberty and Democratic 
     Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended 
     by striking ``Director of the United States Information 
     Agency'' each place it appears and inserting ``Director of 
     the International Broadcasting Bureau''.

     SEC. 1336. REPEALS.

       The following provisions are repealed:
       (1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b), 
     807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C 
     1475f), and 1009 (22 U.S.C. 1440) of the United States 
     Information and Educational Exchange Act of 1948.
       (2) Section 106(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2456(c)).
       (3) Section 565(e) of the Anti-Economic Discrimination Act 
     of 1994 (22 U.S.C. 2679c(e)).
       (4) Section 206(b) of Public Law 102-138.
       (5) Section 2241 of Public Law 104-66.
       (6) Sections 1 through 6 of Reorganization Plan Numbered 2 
     of 1977 (91 Stat. 636).
       (7) Section 207 of the Foreign Relations Authorization Act, 
     Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 
     1463 note).
 TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1401. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) October 1, 1998; or
       (2) the date of abolition of the United States 
     International Development Cooperation Agency pursuant to the 
     reorganization plan described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

     SEC. 1411. ABOLITION OF UNITED STATES INTERNATIONAL 
                   DEVELOPMENT COOPERATION AGENCY.

       (a) In General.--Except for the components specified in 
     subsection (b), the United States International Development 
     Cooperation Agency (including the Institute for Scientific 
     and Technological Cooperation) is abolished.
       (b) AID and OPIC Exempted.--Subsection (a) does not apply 
     to the Agency for International Development or the Overseas 
     Private Investment Corporation.

     SEC. 1412. TRANSFER OF FUNCTIONS AND AUTHORITIES.

       (a) Allocation of Funds.--
       (1) Allocation to the secretary of state.--Funds made 
     available under the categories of assistance deemed allocated 
     to the Director of the International Development Cooperation 
     Agency under section 1-801 of Executive Order No. 12163 (22 
     U.S.C. 2381 note) as of October 1, 1997, shall be allocated 
     to the Secretary of State on and after the effective date of 
     this title without further action by the President.
       (2) Procedures for reallocations or transfers.--The 
     Secretary of State may allocate or transfer as appropriate 
     any funds received under paragraph (1) in the same manner as 
     previously provided for the Director of the International 
     Development Cooperation Agency under section 1-802 of that 
     Executive Order, as in effect on October 1, 1997.
       (b) With Respect to the Overseas Private Investment 
     Corporation.--There are transferred to the Administrator of 
     the Agency for International Development all functions of the 
     Director of the United States International Development 
     Cooperation Agency as of the day before the effective date of 
     this title with respect to the Overseas Private Investment 
     Corporation.
       (c) Other Activities.--The authorities and functions 
     transferred to the United States International Development 
     Cooperation Agency or the Director of that Agency by section 
     6 of Reorganization Plan Numbered 2 of 1979 shall, to the 
     extent such authorities and functions have not been repealed, 
     be transferred to those agencies or heads of agencies, as the 
     case may be, in which those authorities and functions were 
     vested by statute as of the day before the effective date of 
     such reorganization plan.

     SEC. 1413. STATUS OF AID.

       (a) In General.--Unless abolished pursuant to the 
     reorganization plan submitted under section 1601, and except 
     as provided in section 1412, there is within the Executive 
     branch of Government the United States Agency for 
     International Development as an entity described in section 
     104 of title 5, United States Code.
       (b) Retention of Officers.--Nothing in this section shall 
     require the reappointment of any officer of the United States 
     serving in the Agency for International Development of the 
     United States International Development Cooperation Agency as 
     of the day before the effective date of this title.

                    CHAPTER 3--CONFORMING AMENDMENTS

     SEC. 1421. REFERENCES.

       Except as otherwise provided in this subdivision, any 
     reference in any statute, reorganization plan, Executive 
     order, regulation, agreement, determination, or other 
     official document or proceeding to the United States 
     International Development Cooperation Agency (IDCA) or to the 
     Director or any other officer or employee of IDCA--
       (1) insofar as such reference relates to any function or 
     authority transferred under section 1412(a), shall be deemed 
     to refer to the Secretary of State;
       (2) insofar as such reference relates to any function or 
     authority transferred under section 1412(b), shall be deemed 
     to refer to the Administrator of the Agency for International 
     Development;
       (3) insofar as such reference relates to any function or 
     authority transferred under section 1412(c), shall be deemed 
     to refer to the head of the agency to which such function or 
     authority is transferred under such section; and
       (4) insofar as such reference relates to any function or 
     authority not transferred by this title, shall be deemed to 
     refer to the President or such agency or agencies as may be 
     specified by Executive order.

     SEC. 1422. CONFORMING AMENDMENTS.

       (a) Termination of Reorganization Plans and Delegations.--
     The following shall cease to be effective:
       (1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).

[[Page S12372]]

       (2) Section 1-101 through 1-103, sections 1-401 through 1-
     403, section 1-801(a), and such other provisions that relate 
     to the United States International Development Cooperation 
     Agency or the Director of IDCA, of Executive Order No. 12163 
     (22 U.S.C. 2381 note; relating to administration of foreign 
     assistance and related functions).
       (3) The International Development Cooperation Agency 
     Delegation of Authority Numbered 1 (44 Fed. Reg. 57521), 
     except for section 1-6 of such Delegation of Authority.
       (4) Section 3 of Executive Order No. 12884 (58 Fed. Reg. 
     64099; relating to the delegation of functions under the 
     Freedom for Russia and Emerging Eurasian Democracies and Open 
     Markets Support Act of 1992, the Foreign Assistance Act of 
     1961, the Foreign Operations, Export Financing and Related 
     Programs Appropriations Act, 1993, and section 301 of title 
     3, United States Code).
       (b) Other Statutory Amendments and Repeal.--
       (1) Title 5.--Section 7103(a)(2)(B)(iv) of title 5, United 
     States Code, is amended by striking ``United States 
     International Development Cooperation Agency'' and inserting 
     ``Agency for International Development''.
       (2) Inspector general act of 1978.--Section 8A of the 
     Inspector General Act of 1978 (5 U.S.C. App. 3) is amended--
       (A) in subsection (a)--
       (i) by striking ``Development'' through ``(1) shall'' and 
     inserting ``Development shall'';
       (ii) by striking ``; and'' at the end of subsection (a)(1) 
     and inserting a period; and
       (iii) by striking paragraph (2);
       (B) by striking subsections (c) and (f); and
       (C) by redesignating subsections (d), (e), (g), and (h) as 
     subsections (c), (d), (e), and (f), respectively.
       (3) State department basic authorities act of 1956.--The 
     State Department Basic Authorities Act of 1956 is amended--
       (A) in section 25(f) (22 U.S.C. 2697(f)), as amended by 
     this division, by striking ``Director of the United States 
     International Development Cooperation Agency'' and inserting 
     ``Administrator of the Agency for International 
     Development'';
       (B) in section 26(b) (22 U.S.C. 2698(b)), as amended by 
     this division, by striking ``Director of the United States 
     International Development Cooperation Agency'' and inserting 
     ``Administrator of the Agency for International 
     Development''; and
       (C) in section 32 (22 U.S.C. 2704), by striking ``Director 
     of the United States International Development Cooperation 
     Agency'' and inserting ``Administrator of the Agency for 
     International Development''.
       (4) Foreign service act of 1980.--The Foreign Service Act 
     of 1980 is amended--
       (A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by 
     striking ``Director of the United States International 
     Development Cooperation Agency'' and inserting 
     ``Administrator of the Agency for International 
     Development'';
       (B) in section 210 (22 U.S.C. 3930), by striking ``United 
     States International Development Cooperation Agency'' and 
     inserting ``Agency for International Development'';
       (C) in section 1003(a) (22 U.S.C. 4103(a)), by striking 
     ``United States International Development Cooperation 
     Agency'' and inserting ``Agency for International 
     Development''; and
       (D) in section 1101(c) (22 U.S.C. 4131(c)), by striking 
     ``United States International Development Cooperation 
     Agency'' and inserting ``Agency for International 
     Development''.
       (5) Repeal.--Section 413 of Public Law 96-53 (22 U.S.C. 
     3512) is repealed.
       (6) Title 49.--Section 40118(d) of title 49, United States 
     Code, is amended by striking ``the Director of the United 
     States International Development Cooperation Agency'' and 
     inserting ``or the Administrator of the Agency for 
     International Development''.
       (7) Export administration act of 1979.--Section 2405(g) of 
     the Export Administration Act of 1979 (50 U.S.C. App. 
     2405(g)) is amended--
       (A) by striking ``Director of the United States 
     International Development Cooperation Agency'' each place it 
     appears and inserting ``Administrator of the Agency for 
     International Development''; and
       (B) in the fourth sentence, by striking ``Director'' and 
     inserting ``Administrator''.
             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1501. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) October 1, 1998; or
       (2) the date of reorganization of the Agency for 
     International Development pursuant to the reorganization plan 
     described in section 1601.

          CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS

     SEC. 1511. REORGANIZATION OF AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT.

       (a) In General.--The Agency for International Development 
     shall be reorganized in accordance with this subdivision and 
     the reorganization plan transmitted pursuant to section 1601.
       (b) Functions To Be Transferred.--The reorganization of the 
     Agency for International Development shall provide, at a 
     minimum, for the transfer to and consolidation with the 
     Department of State of the following functions of AID:
       (1) The Press office.
       (2) Certain administrative functions.

            CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE

     SEC. 1521. DEFINITION OF UNITED STATES ASSISTANCE.

       In this chapter, the term ``United States assistance'' 
     means development and other economic assistance, including 
     assistance made available under the following provisions of 
     law:
       (1) Chapter 1 of part I of the Foreign Assistance Act of 
     1961 (relating to development assistance).
       (2) Chapter 4 of part II of the Foreign Assistance Act of 
     1961 (relating to the economic support fund).
       (3) Chapter 10 of part I of the Foreign Assistance Act of 
     1961 (relating to the Development Fund for Africa).
       (4) Chapter 11 of part I of the Foreign Assistance Act of 
     1961 (relating to assistance for the independent states of 
     the former Soviet Union).
       (5) The Support for East European Democracy Act (22 U.S.C. 
     5401 et seq.).

     SEC. 1522. ADMINISTRATOR OF AID REPORTING TO THE SECRETARY OF 
                   STATE.

       The Administrator of the Agency for International 
     Development, appointed pursuant to section 624(a) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall 
     report to and be under the direct authority and foreign 
     policy guidance of the Secretary of State.

     SEC. 1523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.

       (a) Authority of the Secretary of State.--
       (1) In general.--Under the direction of the President, the 
     Secretary of State shall coordinate all United States 
     assistance in accordance with this section, except as 
     provided in paragraphs (2) and (3).
       (2) Export promotion activities.--Coordination of 
     activities relating to promotion of exports of United States 
     goods and services shall continue to be primarily the 
     responsibility of the Secretary of Commerce.
       (3) International economic activities.--Coordination of 
     activities relating to United States participation in 
     international financial institutions and relating to 
     organization of multilateral efforts aimed at currency 
     stabilization, currency convertibility, debt reduction, and 
     comprehensive economic reform programs shall continue to be 
     primarily the responsibility of the Secretary of the 
     Treasury.
       (4) Authorities and powers of the secretary of state.--The 
     powers and authorities of the Secretary provided in this 
     chapter are in addition to the powers and authorities 
     provided to the Secretary under any other Act, including 
     section 101(b) and section 622(c) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151(b), 2382(c)).
       (b) Coordination Activities.--Coordination activities of 
     the Secretary of State under subsection (a) shall include--
       (1) approving an overall assistance and economic 
     cooperation strategy;
       (2) ensuring program and policy coordination among agencies 
     of the United States Government in carrying out the policies 
     set forth in the Foreign Assistance Act of 1961, the Arms 
     Export Control Act, and other relevant assistance Acts;
       (3) pursuing coordination with other countries and 
     international organizations; and
       (4) resolving policy, program, and funding disputes among 
     United States Government agencies.
       (c) Statutory Construction.--Nothing in this section may be 
     construed to lessen the accountability of any Federal agency 
     administering any program, project, or activity of United 
     States assistance for any funds made available to the Federal 
     agency for that purpose.
       (d) Authority To Provide Personnel of the Agency for 
     International Development.--The Administrator of the Agency 
     for International Development is authorized to detail to the 
     Department of State on a nonreimbursable basis such personnel 
     employed by the Agency as the Secretary of State may require 
     to carry out this section.
                         TITLE XVI--TRANSITION

                     CHAPTER 1--REORGANIZATION PLAN

     SEC. 1601. REORGANIZATION PLAN AND REPORT.

       (a) Submission of Plan and Report.--Not later than 60 days 
     after the date of the enactment of this Act, the President 
     shall transmit to the appropriate congressional committees a 
     reorganization plan and report regarding--
       (1) the abolition of the United States Arms Control and 
     Disarmament Agency, the United States Information Agency, and 
     the United States International Development Cooperation 
     Agency in accordance with this subdivision;
       (2) with respect to the Agency for International 
     Development, the consolidation and streamlining of the Agency 
     and the transfer of certain functions of the Agency to the 
     Department in accordance with section 1511;
       (3) the termination of functions of each covered agency as 
     may be necessary to effectuate the reorganization under this 
     subdivision, and the termination of the affairs of each 
     agency abolished under this subdivision;
       (4) the transfer to the Department of the functions and 
     personnel of each covered agency consistent with the 
     provisions of this subdivision; and
       (5) the consolidation, reorganization, and streamlining of 
     the Department in connection with the transfer of such 
     functions and personnel in order to carry out such functions.
       (b) Covered Agencies.--The agencies covered by this section 
     are the following:
       (1) The United States Arms Control and Disarmament Agency.
       (2) The United States Information Agency.
       (3) The United States International Development Cooperation 
     Agency.
       (4) The Agency for International Development.
       (c) Plan Elements.--The plan transmitted under subsection 
     (a) shall contain, consistent with this subdivision, such 
     elements as the President deems appropriate, including 
     elements that--
       (1) identify the functions of each covered agency that will 
     be transferred to the Department under the plan;

[[Page S12373]]

       (2) specify the steps to be taken by the Secretary of State 
     to reorganize internally the functions of the Department, 
     including the consolidation of offices and functions, that 
     will be required under the plan in order to permit the 
     Department to carry out the functions transferred to it under 
     the plan;
       (3) specify the funds available to each covered agency that 
     will be transferred to the Department as a result of the 
     transfer of functions of such agency to the Department;
       (4) specify the proposed allocations within the Department 
     of unexpended funds transferred in connection with the 
     transfer of functions under the plan; and
       (5) specify the proposed disposition of the property, 
     facilities, contracts, records, and other assets and 
     liabilities of each covered agency in connection with the 
     transfer of the functions of such agency to the Department.
       (d) Reorganization Plan of Agency for International 
     Development.--In addition to applicable provisions of 
     subsection (c), the reorganization plan transmitted under 
     this section for the Agency for International Development--
       (1) may provide for the abolition of the Agency for 
     International Development and the transfer of all its 
     functions to the Department of State; or
       (2) in lieu of the abolition and transfer of functions 
     under paragraph (1)--
       (A) shall provide for the transfer to and consolidation 
     within the Department of the functions set forth in section 
     1511; and
       (B) may provide for additional consolidation, 
     reorganization, and streamlining of AID, including--
       (i) the termination of functions and reductions in 
     personnel of AID;
       (ii) the transfer of functions of AID, and the personnel 
     associated with such functions, to the Department; and
       (iii) the consolidation, reorganization, and streamlining 
     of the Department upon the transfer of such functions and 
     personnel in order to carry out the functions transferred.
       (e) Modification of Plan.--The President may, on the basis 
     of consultations with the appropriate congressional 
     committees, modify or revise any part of the plan transmitted 
     under subsection (a) until that part of the plan becomes 
     effective in accordance with subsection (g).
       (f) Report.--The report accompanying the reorganization 
     plan for the Department and the covered agencies submitted 
     pursuant to this section shall describe the implementation of 
     the plan and shall include--
       (1) a detailed description of--
       (A) the actions necessary or planned to complete the 
     reorganization,
       (B) the anticipated nature and substance of any orders, 
     directives, and other administrative and operational actions 
     which are expected to be required for completing or 
     implementing the reorganization, and
       (C) any preliminary actions which have been taken in the 
     implementation process;
       (2) the number of personnel and positions of each covered 
     agency (including civil service personnel, Foreign Service 
     personnel, and detailees) that are expected to be transferred 
     to the Department, separated from service with such agency, 
     or eliminated under the plan, and a projected schedule for 
     such transfers, separations, and terminations;
       (3) the number of personnel and positions of the Department 
     (including civil service personnel, Foreign Service 
     personnel, and detailees) that are expected to be transferred 
     within the Department, separated from service with the 
     Department, or eliminated under the plan, and a projected 
     schedule for such transfers, separations, and terminations;
       (4) a projected schedule for completion of the 
     implementation process; and
       (5) recommendations, if any, for legislation necessary to 
     carry out changes made by this subdivision relating to 
     personnel and to incidental transfers.
       (g) Effective Date.--
       (1) In general.--The reorganization plan described in this 
     section, including any modifications or revisions of the plan 
     under subsection (e), shall become effective on the earlier 
     of the date for the respective covered agency specified in 
     paragraph (2) or the date announced by the President under 
     paragraph (3).
       (2) Statutory effective dates.--The effective dates under 
     this paragraph for the reorganization plan described in this 
     section are the following:
       (A) October 1, 1998, with respect to functions of the 
     Agency for International Development described in section 
     1511.
       (B) October 1, 1998, with respect to the abolition of the 
     United States Arms Control and Disarmament Agency and the 
     United States International Development Cooperation Agency.
       (C) October 1, 1999, with respect to the abolition of the 
     United States Information Agency.
       (3) Effective date by presidential determination.--An 
     effective date under this paragraph for a reorganization plan 
     described in this section is such date as the President shall 
     determine to be appropriate and announce by notice published 
     in the Federal Register, which date may be not earlier than 
     90 calendar days after the President has transmitted the 
     reorganization plan to the appropriate congressional 
     committees pursuant to subsection (a).
       (4) Statutory construction.--Nothing in this subsection may 
     be construed to require the transfer of functions, personnel, 
     records, balance of appropriations, or other assets of a 
     covered agency on a single date.
       (5) Supersedes existing law.--Paragraph (1) shall apply 
     notwithstanding section 905(b) of title 5, United States 
     Code.
       (h) Publication.--The reorganization plan described in this 
     section shall be printed in the Federal Register after the 
     date upon which it first becomes effective.

                  CHAPTER 2--REORGANIZATION AUTHORITY

     SEC. 1611. REORGANIZATION AUTHORITY.

       (a) In General.--The Secretary is authorized, subject to 
     the requirements of this subdivision, to allocate or 
     reallocate any function transferred to the Department under 
     any title of this subdivision, and to establish, consolidate, 
     alter, or discontinue such organizational entities within the 
     Department as may be necessary or appropriate to carry out 
     any reorganization under this subdivision, but this 
     subsection does not authorize the Secretary to modify the 
     terms of any statute that establishes or defines the 
     functions of any bureau, office, or officer of the 
     Department.
       (b) Requirements and Limitations on Reorganization Plan.--
     The reorganization plan transmitted under section 1601 may 
     not have the effect of--
       (1) creating a new executive department;
       (2) continuing a function beyond the period authorized by 
     law for its exercise or beyond the time when it would have 
     terminated if the reorganization had not been made;
       (3) authorizing a Federal agency to exercise a function 
     which is not authorized by law at the time the plan is 
     transmitted to Congress;
       (4) creating a new Federal agency which is not a component 
     or part of an existing executive department or independent 
     agency; or
       (5) increasing the term of an office beyond that provided 
     by law for the office.

     SEC. 1612. TRANSFER AND ALLOCATION OF APPROPRIATIONS.

       (a) In General.--Except as otherwise provided in this 
     subdivision, the assets, liabilities (including contingent 
     liabilities arising from suits continued with a substitution 
     or addition of parties under section 1615(e)), contracts, 
     property, records, and unexpended balance of appropriations, 
     authorizations, allocations, and other funds employed, held, 
     used, arising from, available to, or to be made available in 
     connection with the functions and offices, or portions 
     thereof, transferred by any title of this subdivision shall 
     be transferred to the Secretary for appropriate allocation.
       (b) Limitation on Use of Transferred Funds.--Except as 
     provided in subsection (c), unexpended and unobligated funds 
     transferred pursuant to any title of this subdivision shall 
     be used only for the purposes for which the funds were 
     originally authorized and appropriated.
       (c) Funds To Facilitate Transition.--
       (1) Congressional notification.--Funds transferred pursuant 
     to subsection (a) may be available for the purposes of 
     reorganization subject to notification of the appropriate 
     congressional committees in accordance with the procedures 
     applicable to a reprogramming of funds under section 34 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2706).
       (2) Transfer authority.--Funds in any account appropriated 
     to the Department of State may be transferred to another such 
     account for the purposes of reorganization, subject to 
     notification of the appropriate congressional committees in 
     accordance with the procedures applicable to a reprogramming 
     of funds under section 34 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2706). The authority in 
     this paragraph is in addition to any other transfer authority 
     available to the Secretary of State and shall expire 
     September 30, 2000.

     SEC. 1613. TRANSFER, APPOINTMENT, AND ASSIGNMENT OF 
                   PERSONNEL.

       (a) Transfer of Personnel From ACDA and USIA.--Except as 
     otherwise provided in title XIII--
       (1) not later than the date of abolition of ACDA, all 
     personnel and positions of ACDA, and
       (2) not later than the date of abolition of USIA, all 
     personnel and positions of USIA,

     shall be transferred to the Department of State at the same 
     grade or class and the same rate of basic pay or basic salary 
     rate and with the same tenure held immediately preceding 
     transfer.
       (b) Transfer of Personnel From AID.--Except as otherwise 
     provided in title XIII, not later than the date of transfer 
     of any function of AID to the Department of State under this 
     subdivision, all AID personnel performing such functions and 
     all positions associated with such functions shall be 
     transferred to the Department of State at the same grade or 
     class and the same rate of basic pay or basic salary rate and 
     with the same tenure held immediately preceding transfer.
       (c) Assignment Authority.--The Secretary, for a period of 
     not more than 6 months commencing on the effective date of 
     the transfer to the Department of State of personnel under 
     subsections (a) and (b), is authorized to assign such 
     personnel to any position or set of duties in the Department 
     of State regardless of the position held or duties performed 
     by such personnel prior to transfer, except that, by virtue 
     of such assignment, such personnel shall not have their grade 
     or class or their rate of basic pay or basic salary rate 
     reduced, nor their tenure changed. The Secretary shall 
     consult with the relevant exclusive representatives (as 
     defined in section 1002 of the Foreign Service Act and in 
     section 7103 of title 5, United States Code) with regard to 
     the exercise of this authority. This subsection does not 
     authorize the Secretary to assign any individual to any 
     position that by law requires appointment by the President, 
     by and with the advice and consent of the Senate.
       (d) Superseding Other Provisions of Law.--Subsections (a) 
     through (c) shall be exercised notwithstanding any other 
     provision of law.

     SEC. 1614. INCIDENTAL TRANSFERS.

       The Director of the Office of Management and Budget, when 
     requested by the Secretary, is authorized to make such 
     incidental dispositions of

[[Page S12374]]

     personnel, assets, liabilities, grants, contracts, property, 
     records, and unexpended balances of appropriations, 
     authorizations, allocations, and other funds held, used, 
     arising from, available to, or to be made available in 
     connection with such functions, as may be necessary to carry 
     out the provisions of any title of this subdivision. The 
     Director of the Office of Management and Budget, in 
     consultation with the Secretary, shall provide for the 
     termination of the affairs of all entities terminated by this 
     subdivision and for such further measures and dispositions as 
     may be necessary to effectuate the purposes of any title of 
     this subdivision.

     SEC. 1615. SAVINGS PROVISIONS.

       (a) Continuing Legal Force and Effect.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions that are transferred under any 
     title of this subdivision; and
       (2) that are in effect as of the effective date of such 
     title, or were final before the effective date of such title 
     and are to become effective on or after the effective date of 
     such title,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary, or other 
     authorized official, a court of competent jurisdiction, or by 
     operation of law.
       (b) Pending Proceedings.--
       (1) In general.--The provisions of any title of this 
     subdivision shall not affect any proceedings, including 
     notices of proposed rulemaking, or any application for any 
     license, permit, certificate, or financial assistance pending 
     on the effective date of any title of this subdivision before 
     any Federal agency, commission, or component thereof, 
     functions of which are transferred by any title of this 
     subdivision. Such proceedings and applications, to the extent 
     that they relate to functions so transferred, shall be 
     continued.
       (2) Orders, appeals, payments.--Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     subdivision had not been enacted. Orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by the Secretary, by a 
     court of competent jurisdiction, or by operation of law.
       (3) Statutory construction.--Nothing in this subdivision 
     shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this subdivision had 
     not been enacted.
       (4) Regulations.--The Secretary is authorized to promulgate 
     regulations providing for the orderly transfer of proceedings 
     continued under this subsection to the Department.
       (c) No Effect on Judicial or Administrative Proceedings.--
     Except as provided in subsection (e) and section 1327(d)--
       (1) the provisions of this subdivision shall not affect 
     suits commenced prior to the effective dates of the 
     respective titles of this subdivision; and
       (2) in all such suits, proceedings shall be had, appeals 
     taken, and judgments rendered in the same manner and effect 
     as if this subdivision had not been enacted.
       (d) Nonabatement of Proceedings.--No suit, action, or other 
     proceeding commenced by or against any officer in the 
     official capacity of such individual as an officer of any 
     Federal agency, or any commission or component thereof, 
     functions of which are transferred by any title of this 
     subdivision, shall abate by reason of the enactment of this 
     subdivision. No cause of action by or against any Federal 
     agency, or any commission or component thereof, functions of 
     which are transferred by any title of this subdivision, or by 
     or against any officer thereof in the official capacity of 
     such officer shall abate by reason of the enactment of this 
     subdivision.
       (e) Continuation of Proceeding With Substitution of 
     Parties.--If, before the effective date of any title of this 
     subdivision, any Federal agency, or officer thereof in the 
     official capacity of such officer, is a party to a suit, and 
     under this subdivision any function of such department, 
     agency, or officer is transferred to the Secretary or any 
     other official of the Department, then effective on such date 
     such suit shall be continued with the Secretary or other 
     appropriate official of the Department substituted or added 
     as a party.
       (f) Reviewability of Orders and Actions Under Transferred 
     Functions.--Orders and actions of the Secretary in the 
     exercise of functions transferred under any title of this 
     subdivision shall be subject to judicial review to the same 
     extent and in the same manner as if such orders and actions 
     had been by the Federal agency or office, or part thereof, 
     exercising such functions immediately preceding their 
     transfer. Any statutory requirements relating to notice, 
     hearings, action upon the record, or administrative review 
     that apply to any function transferred by any title of this 
     subdivision shall apply to the exercise of such function by 
     the Secretary.

     SEC. 1616. AUTHORITY OF SECRETARY OF STATE TO FACILITATE 
                   TRANSITION.

       Notwithstanding any provision of this subdivision, the 
     Secretary of State, with the concurrence of the head of the 
     appropriate Federal agency exercising functions transferred 
     under this subdivision, may transfer the whole or part of 
     such functions prior to the effective dates established in 
     this subdivision, including the transfer of personnel and 
     funds associated with such functions.

     SEC. 1617. FINAL REPORT.

       Not later than January 1, 2001, the President, in 
     consultation with the Secretary of the Treasury and the 
     Director of the Office of Management and Budget, shall submit 
     to the appropriate congressional committees a report which 
     provides a final accounting of the finances and operations of 
     the agencies abolished under this subdivision.
             SUBDIVISION 2--FOREIGN RELATIONS AUTHORIZATION
                      TITLE XX--GENERAL PROVISIONS

     SEC. 2001. SHORT TITLE.

       This subdivision may be cited as the ``Foreign Relations 
     Authorization Act, Fiscal Years 1998 and 1999''.

     SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL 
                   COMMITTEES.

       In this subdivision, the term ``appropriate congressional 
     committees'' means the Committee on International Relations 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Foreign Relations and 
     the Committee on Appropriations of the Senate.
   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

     SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

       The following amounts are authorized to be appropriated for 
     the Department of State under ``Administration of Foreign 
     Affairs'' to carry out the authorities, functions, duties, 
     and responsibilities in the conduct of the foreign affairs of 
     the United States and for other purposes authorized by law, 
     including the diplomatic security program:
       (1) Diplomatic and consular programs.--For ``Diplomatic and 
     Consular Programs'', of the Department of State 
     $1,746,977,000 for the fiscal year 1998.
       (2) Salaries and expenses.--
       (A) Authorization of appropriations.--For ``Salaries and 
     Expenses'', of the Department of State $363,513,000 for the 
     fiscal year 1998.
       (B) Limitations.--Of the amounts authorized to be 
     appropriated by subparagraph (A) $2,000,000 for fiscal year 
     1998 are authorized to be appropriated only for the 
     recruitment of minorities for careers in the Foreign Service 
     and international affairs.
       (3) Capital investment fund.--For ``Capital Investment 
     Fund'', of the Department of State $86,000,000 for the fiscal 
     year 1998.
       (4) Security and maintenance of buildings abroad.--(A) For 
     ``Security and Maintenance of Buildings Abroad'', 
     $404,000,000 for the fiscal year 1998.
       (B) Of the amounts authorized to be appropriated for the 
     period ending September 30, 1999, by subparagraph (A), up to 
     $90,000,000 are authorized to be appropriated for the 
     renovation, acquisition, and construction of housing and 
     secure diplomatic facilities at the United States Embassy in 
     Beijing, and the United States Consulate in Shanghai, the 
     People's Republic of China.
       (5) Representation allowances.--For ``Representation 
     Allowances'', $4,300,000 for the fiscal year 1998.
       (6) Emergencies in the diplomatic and consular service.--
     For ``Emergencies in the Diplomatic and Consular Service'', 
     $5,500,000 for the fiscal year 1998.
       (7) Office of the inspector general.--For ``Office of the 
     Inspector General'', $28,300,000 for the fiscal year 1998.
       (8) Payment to the american institute in taiwan.--For 
     ``Payment to the American Institute in Taiwan'', $14,490,000 
     for the fiscal year 1998.
       (9) Protection of foreign missions and officials.--(A) For 
     ``Protection of Foreign Missions and Officials'', $7,900,000 
     for the fiscal year 1998.
       (B) Each amount appropriated pursuant to this paragraph is 
     authorized to remain available through September 30 of the 
     fiscal year following the fiscal year for which the amount 
     appropriated was made.
       (10) Repatriation loans.--For ``Repatriation Loans'', 
     $1,200,000 for the fiscal year 1998.

     SEC. 2102. INTERNATIONAL COMMISSIONS.

       The following amounts are authorized to be appropriated 
     under ``International Commissions'' for the Department of 
     State to carry out the authorities, functions, duties, and 
     responsibilities in the conduct of the foreign affairs of the 
     United States and for other purposes authorized by law:
       (1) International boundary and water commission, united 
     states and mexico.--For ``International Boundary and Water 
     Commission, United States and Mexico''--
       (A) for ``Salaries and Expenses'' $18,200,000 for the 
     fiscal year 1998; and
       (B) for ``Construction'' $6,463,000 for the fiscal year 
     1998.
       (2) International boundary commission, united states and 
     canada.--For ``International Boundary Commission, United 
     States and Canada'', $785,000 for the fiscal year 1998.
       (3) International joint commission.--For ``International 
     Joint Commission'', $3,225,000 for the fiscal year 1998.
       (4) International fisheries commissions.--For 
     ``International Fisheries Commissions'', $14,549,000 for the 
     fiscal year 1998.

     SEC. 2103. GRANTS TO THE ASIA FOUNDATION.

       Section 404 of The Asia Foundation Act (title IV of Public 
     Law 98-164) is amended to read as follows:
       ``Sec. 404. There are authorized to be appropriated to the 
     Secretary of State $10,000,000 for the fiscal year 1998 for 
     grants to The Asia Foundation pursuant to this title.''.

[[Page S12375]]

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                 CHAPTER 1--AUTHORITIES AND ACTIVITIES

     SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR 
                   ASSISTANCE TO OVERSEAS EDUCATIONAL FACILITIES.

       Section 29 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2701) is amended by adding at the end the 
     following: ``Notwithstanding any other provision of law, 
     where the child of a United States citizen employee of an 
     agency of the United States Government who is stationed 
     outside the United States attends an educational facility 
     assisted by the Secretary of State under this section, the 
     head of that agency is authorized to reimburse, or credit 
     with advance payment, the Department of State for funds used 
     in providing assistance to such educational facilities, by 
     grant or otherwise, under this section.''.

     SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

       Section 36 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2708) is amended to read as follows:

     ``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--There is established a program for the 
     payment of rewards to carry out the purposes of this section.
       ``(2) Purpose.--The rewards program shall be designed to 
     assist in the prevention of acts of international terrorism, 
     international narcotics trafficking, and other related 
     criminal acts.
       ``(3) Implementation.--The rewards program shall be 
     administered by the Secretary of State, in consultation, as 
     appropriate, with the Attorney General.
       ``(b) Rewards Authorized.--In the sole discretion of the 
     Secretary (except as provided in subsection (c)(2)) and in 
     consultation, as appropriate, with the Attorney General, the 
     Secretary may pay a reward to any individual who furnishes 
     information leading to--
       ``(1) the arrest or conviction in any country of any 
     individual for the commission of an act of international 
     terrorism against a United States person or United States 
     property;
       ``(2) the arrest or conviction in any country of any 
     individual conspiring or attempting to commit an act of 
     international terrorism against a United States person or 
     United States property;
       ``(3) the arrest or conviction in any country of any 
     individual for committing, primarily outside the territorial 
     jurisdiction of the United States, any narcotics-related 
     offense if that offense involves or is a significant part of 
     conduct that involves--
       ``(A) a violation of United States narcotics laws such that 
     the individual would be a major violator of such laws;
       ``(B) the killing or kidnapping of--
       ``(i) any officer, employee, or contract employee of the 
     United States Government while such individual is engaged in 
     official duties, or on account of that individual's official 
     duties, in connection with the enforcement of United States 
     narcotics laws or the implementing of United States narcotics 
     control objectives; or
       ``(ii) a member of the immediate family of any such 
     individual on account of that individual's official duties, 
     in connection with the enforcement of United States narcotics 
     laws or the implementing of United States narcotics control 
     objectives; or
       ``(C) an attempt or conspiracy to commit any act described 
     in subparagraph (A) or (B);
       ``(4) the arrest or conviction in any country of any 
     individual aiding or abetting in the commission of an act 
     described in paragraph (1), (2), or (3); or
       ``(5) the prevention, frustration, or favorable resolution 
     of an act described in paragraph (1), (2), or (3).
       ``(c) Coordination.--
       ``(1) Procedures.--To ensure that the payment of rewards 
     pursuant to this section does not duplicate or interfere with 
     the payment of informants or the obtaining of evidence or 
     information, as authorized to the Department of Justice, the 
     offering, administration, and payment of rewards under this 
     section, including procedures for--
       ``(A) identifying individuals, organizations, and offenses 
     with respect to which rewards will be offered;
       ``(B) the publication of rewards;
       ``(C) the offering of joint rewards with foreign 
     governments;
       ``(D) the receipt and analysis of data; and
       ``(E) the payment and approval of payment,

     shall be governed by procedures developed by the Secretary of 
     State, in consultation with the Attorney General.
       ``(2) Prior approval of attorney general required.--Before 
     making a reward under this section in a matter over which 
     there is Federal criminal jurisdiction, the Secretary of 
     State shall obtain the concurrence of the Attorney General.
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--Notwithstanding 
     section 102 of the Foreign Relations Authorization Act, 
     Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408), 
     but subject to paragraph (2), there are authorized to be 
     appropriated to the Department of State from time to time 
     such amounts as may be necessary to carry out this section.
       ``(2) Limitation.--No amount of funds may be appropriated 
     under paragraph (1) which, when added to the unobligated 
     balance of amounts previously appropriated to carry out this 
     section, would cause such amounts to exceed $15,000,000.
       ``(3) Allocation of funds.--To the maximum extent 
     practicable, funds made available to carry out this section 
     should be distributed equally for the purpose of preventing 
     acts of international terrorism and for the purpose of 
     preventing international narcotics trafficking.
       ``(4) Period of availability.--Amounts appropriated under 
     paragraph (1) shall remain available until expended.
       ``(e) Limitations and Certification.--
       ``(1) Maximum amount.--No reward paid under this section 
     may exceed $2,000,000.
       ``(2) Approval.--A reward under this section of more than 
     $100,000 may not be made without the approval of the 
     Secretary.
       ``(3) Certification for payment.--Any reward granted under 
     this section shall be approved and certified for payment by 
     the Secretary.
       ``(4) Nondelegation of authority.--The authority to approve 
     rewards of more than $100,000 set forth in paragraph (2) may 
     not be delegated.
       ``(5) Protection measures.--If the Secretary determines 
     that the identity of the recipient of a reward or of the 
     members of the recipient's immediate family must be 
     protected, the Secretary may take such measures in connection 
     with the payment of the reward as he considers necessary to 
     effect such protection.
       ``(f) Ineligibility.--An officer or employee of any entity 
     of Federal, State, or local government or of a foreign 
     government who, while in the performance of his or her 
     official duties, furnishes information described in 
     subsection (b) shall not be eligible for a reward under this 
     section.
       ``(g) Reports.--
       ``(1) Reports on payment of rewards.--Not later than 30 
     days after the payment of any reward under this section, the 
     Secretary shall submit a report to the appropriate 
     congressional committees with respect to such reward. The 
     report, which may be submitted in classified form if 
     necessary, shall specify the amount of the reward paid, to 
     whom the reward was paid, and the acts with respect to which 
     the reward was paid. The report shall also discuss the 
     significance of the information for which the reward was paid 
     in dealing with those acts.
       ``(2) Annual reports.--Not later than 60 days after the end 
     of each fiscal year, the Secretary shall submit a report to 
     the appropriate congressional committees with respect to the 
     operation of the rewards program. The report shall provide 
     information on the total amounts expended during the fiscal 
     year ending in that year to carry out this section, including 
     amounts expended to publicize the availability of rewards.
       ``(h) Publication Regarding Rewards Offered by Foreign 
     Governments.--Notwithstanding any other provision of this 
     section, in the sole discretion of the Secretary, the 
     resources of the rewards program shall be available for the 
     publication of rewards offered by foreign governments 
     regarding acts of international terrorism which do not 
     involve United States persons or property or a violation of 
     the narcotics laws of the United States.
       ``(i) Determinations of the Secretary.--A determination 
     made by the Secretary under this section shall be final and 
     conclusive and shall not be subject to judicial review.
       ``(j) Definitions.--As used in this section:
       ``(1) Act of international terrorism.--The term `act of 
     international terrorism' includes--
       ``(A) any act substantially contributing to the acquisition 
     of unsafeguarded special nuclear material (as defined in 
     paragraph (8) of section 830 of the Nuclear Proliferation 
     Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear 
     explosive device (as defined in paragraph (4) of that 
     section) by an individual, group, or non-nuclear-weapon state 
     (as defined in paragraph (5) of that section); and
       ``(B) any act, as determined by the Secretary, which 
     materially supports the conduct of international terrorism, 
     including the counterfeiting of United States currency or the 
     illegal use of other monetary instruments by an individual, 
     group, or country supporting international terrorism as 
     determined for purposes of section 6(j)(1)(A) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)).
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate.
       ``(3) Member of the immediate family.--The term `member of 
     the immediate family', with respect to an individual, 
     includes--
       ``(A) a spouse, parent, brother, sister, or child of the 
     individual;
       ``(B) a person with respect to whom the individual stands 
     in loco parentis; and
       ``(C) any person not covered by subparagraph (A) or (B) who 
     is living in the individual's household and is related to the 
     individual by blood or marriage.
       ``(4) Rewards program.--The term `rewards program' means 
     the program established in subsection (a)(1).
       ``(5) United states narcotics laws.--The term `United 
     States narcotics laws' means the laws of the United States 
     for the prevention and control of illicit trafficking in 
     controlled substances (as such term is defined in section 
     102(6) of the Controlled Substances Act (21 U.S.C. 802(6))).
       ``(6) United states person.--The term `United States 
     person' means--
       ``(A) a citizen or national of the United States; and
       ``(B) an alien lawfully present in the United States.''.

     SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS 
                   REGISTRATION FEES.

       Section 45(a) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2717(a)) is amended--
       (1) by striking ``$700,000 of the'' and inserting ``all'';

[[Page S12376]]

       (2) at the end of paragraph (1), by striking ``and'';
       (3) in paragraph (2)--
       (A) by striking ``functions'' and inserting ``functions, 
     including compliance and enforcement activities,''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following new paragraph:
       ``(3) the enhancement of defense trade export compliance 
     and enforcement activities, including compliance audits of 
     United States and foreign parties, the conduct of 
     administrative proceedings, monitoring of end-uses in cases 
     of direct commercial arms sales or other transfers, and 
     cooperation in proceedings for enforcement of criminal laws 
     related to defense trade export controls.''.

     SEC. 2204. FEES FOR COMMERCIAL SERVICES.

       Section 52(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2724(b)) is amended by adding at the end 
     the following: ``Funds deposited under this subsection shall 
     remain available for obligation through September 30 of the 
     fiscal year following the fiscal year in which the funds were 
     deposited.''.

     SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.

       (a) Foreign Affairs Reimbursement.--
       (1) In general.--Section 701 of the Foreign Service Act of 
     1980 (22 U.S.C. 4021) is amended--
       (A) by redesignating subsection (d)(4) as subsection (g); 
     and
       (B) by inserting after subsection (d) the following new 
     subsections:
       ``(e)(1) The Secretary may provide appropriate training or 
     related services, except foreign language training, through 
     the institution to any United States person (or any employee 
     or family member thereof) that is engaged in business abroad.
       ``(2) The Secretary may provide job-related training or 
     related services, including foreign language training, 
     through the institution to a United States person under 
     contract to provide services to the United States Government 
     or to any employee thereof that is performing such services.
       ``(3) Training under this subsection may be provided only 
     to the extent that space is available and only on a 
     reimbursable or advance-of-funds basis. Reimbursements and 
     advances shall be credited to the currently available 
     applicable appropriation account.
       ``(4) Training and related services under this subsection 
     is authorized only to the extent that it will not interfere 
     with the institution's primary mission of training employees 
     of the Department and of other agencies in the field of 
     foreign relations.
       ``(5) In this subsection, the term `United States person' 
     means--
       ``(A) any individual who is a citizen or national of the 
     United States; or
       ``(B) any corporation, company, partnership, association, 
     or other legal entity that is 50 percent or more beneficially 
     owned by citizens or nationals of the United States.
       ``(f)(1) The Secretary is authorized to provide, on a 
     reimbursable basis, training programs to Members of Congress 
     or the Judiciary.
       ``(2) Employees of the legislative branch and employees of 
     the judicial branch may participate, on a reimbursable basis, 
     in training programs offered by the institution.
       ``(3) Reimbursements collected under this subsection shall 
     be credited to the currently available applicable 
     appropriation account.
       ``(4) Training under this subsection is authorized only to 
     the extent that it will not interfere with the institution's 
     primary mission of training employees of the Department and 
     of other agencies in the field of foreign relations.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on October 1, 1997.
       (3) Termination of pilot program.--Effective October 1, 
     2001, section 701 of the Foreign Service Act of 1980 (22 
     U.S.C. 4021), as amended by this subsection, is further 
     amended--
       (A) by striking subsections (e) and (f); and
       (B) by redesignating subsection (g) as paragraph (4) of 
     subsection (d).
       (b) Fees for Use of National Foreign Affairs Training 
     Center.--Title I of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS 
                   TRAINING CENTER.

       ``The Secretary is authorized to charge a fee for use of 
     the National Foreign Affairs Training Center of the 
     Department of State. Amounts collected under this section 
     (including reimbursements and surcharges) shall be deposited 
     as an offsetting collection to any Department of State 
     appropriation to recover the costs of such use and shall 
     remain available for obligation until expended.''.
       (c) Reporting on Pilot Program.--Two years after the date 
     of enactment of this Act, the Secretary of State shall submit 
     a report to the appropriate congressional committees 
     containing--
       (1) the number of persons who have taken advantage of the 
     pilot program established under subsections (e) and (f) of 
     section 701 of the Foreign Service Act of 1980 and section 53 
     of the State Department Basic Authorities Act of 1956, as 
     added by this section;
       (2) the business or government affiliation of such persons;
       (3) the amount of fees collected; and
       (4) the impact of the program on the primary mission of the 
     National Foreign Affairs Training Center.

     SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.), as amended by this division, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

       ``The Secretary is authorized to charge a fee for use of 
     the diplomatic reception rooms of the Department of State. 
     Amounts collected under this section (including 
     reimbursements and surcharges) shall be deposited as an 
     offsetting collection to any Department of State 
     appropriation to recover the costs of such use and shall 
     remain available for obligation until expended.''.

     SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION 
                   DOCUMENTS.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.), as amended by this division, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION 
                   DOCUMENTS.

       ``The Secretary shall include in the annual Congressional 
     Presentation Document and the Budget in Brief a detailed 
     accounting of the- total collections received by the 
     Department of State from all sources, including fee 
     collections. Reporting on total collections shall also cover 
     collections from the preceding fiscal year and the projected 
     expenditures from all collections accounts.''.

     SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.

       (a) Procedures.--Section 209(c) of the Foreign Service Act 
     of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end 
     the following:
       ``(4) The Inspector General shall develop and provide to 
     employees--
       ``(A) information detailing their rights to counsel; and
       ``(B) guidelines describing in general terms the policies 
     and procedures of the Office of Inspector General with 
     respect to individuals under investigation other than matters 
     exempt from disclosure under other provisions of law.''.
       (b) Notice.--Section 209(e) of the Foreign Service Act of 
     1980 (22 U.S.C. 3929(e)) is amended by adding at the end the 
     following new paragraph:
       ``(3) The Inspector General shall ensure that only 
     officials from the Office of the Inspector General may 
     participate in formal interviews or other formal meetings 
     with the individual who is the subject of an investigation, 
     other than an intelligence-related or sensitive undercover 
     investigation, or except in those situations when the 
     Inspector General has a reasonable basis to believe that such 
     notice would cause tampering with witnesses, destroying 
     evidence, or endangering the lives of individuals, unless 
     that individual receives prior adequate notice regarding 
     participation by officials of any other agency, including the 
     Department of Justice, in such interviews or meetings.''.
       (c) Report.--
       (1) In general.--Not later than April 30, 1998, the 
     Inspector General of the Department of State and the Foreign 
     Service shall submit a report to the appropriate 
     congressional committees which includes the following:
       (A) Detailed descriptions of the internal guidance 
     developed or used by the Office of the Inspector General with 
     respect to public disclosure of any information related to an 
     ongoing investigation of any officer or employee of the 
     Department of State, the United States Information Agency, or 
     the United States Arms Control and Disarmament Agency.
       (B) Detailed descriptions of those instances for the year 
     ending December 31, 1997, in which any disclosure of 
     information to the public by an employee of the Office of 
     Inspector General about an ongoing investigation occurred, 
     including details on the recipient of the information, the 
     date of the disclosure, and the internal clearance process 
     for the disclosure.
       (2) Statutory construction.--Disclosure of information to 
     the public under this section shall not be construed to 
     include information shared with Congress by an employee of 
     the Office of the Inspector General.

     SEC. 2209. CAPITAL INVESTMENT FUND.

       Section 135 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
       (1) in subsection (a), by inserting ``and enhancement'' 
     after ``procurement'';
       (2) in subsection (c), by striking ``are authorized to'' 
     and inserting ``shall'';
       (3) in subsection (d), by striking ``for expenditure to 
     procure capital equipment and information technology'' and 
     inserting ``for purposes of subsection (a)''; and
       (4) by amending subsection (e) to read as follows:
       ``(e) Reprogramming Procedures.--Funds credited to the 
     Capital Investment Fund shall not be available for obligation 
     or expenditure except in compliance with the procedures 
     applicable to reprogramming notifications under section 34 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2706).''.

     SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.

       Section 136(c) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended--
       (1) by amending paragraph (3) to read as follows:
       ``(3) in evaluating proposals for such contracts, award 
     contracts to the technically acceptable firm offering the 
     lowest evaluated price, except that proposals of United 
     States persons and qualified United States joint venture 
     persons (as defined in subsection (d)) shall be evaluated by 
     reducing the bid price by 10 percent;'';
       (2) by inserting ``and'' at the end of paragraph (5);
       (3) by striking ``; and'' at the end of paragraph (6) and 
     inserting a period; and

[[Page S12377]]

       (4) by striking paragraph (7).

     SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT 
                   COMMISSION.

       Section 4(a) of the International Claims Settlement Act of 
     1949 (22 U.S.C. 1623(a)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) in the first sentence, by striking ``(a) The'' and all 
     that follows through the period and inserting the following:
       ``(a)(1) The Commission shall have jurisdiction to receive, 
     examine, adjudicate, and render a final decision with respect 
     to any claim of the Government of the United States or of any 
     national of the United States--
       ``(A) included within the terms of the Yugoslav Claims 
     Agreement of 1948;
       ``(B) included within the terms of any claims agreement 
     concluded on or after March 10, 1954, between the Government 
     of the United States and a foreign government (exclusive of 
     governments against which the United States declared the 
     existence of a state of war during World War II) similarly 
     providing for the settlement and discharge of claims of the 
     Government of the United States and of nationals of the 
     United States against a foreign government, arising out of 
     the nationalization or other taking of property, by the 
     agreement of the Government of the United States to accept 
     from that government a sum in en bloc settlement thereof; or
       ``(C) included in a category of claims against a foreign 
     government which is referred to the Commission by the 
     Secretary of State.''; and
       (3) by redesignating the second sentence as paragraph (2).

     SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS 
                   AND PROCEEDINGS.

       (a) Recovery of Certain Expenses.--The Department of State 
     Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the 
     fifth undesignated paragraph under the heading entitled 
     ``international fisheries commission'' by inserting 
     ``(including such expenses as salaries and other personnel 
     expenses)'' after ``extraordinary expenses''.
       (b) Procurement of Services.--Section 38(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) 
     is amended in the first sentence by inserting ``personal 
     and'' before ``other support services''.

     SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF 
                   CHILDREN.

       Section 7 of the International Child Abduction Remedies Act 
     (42 U.S.C. 11606; Public Law 100-300) is amended by adding at 
     the end the following new subsection:
       ``(e) Grant Authority.--The United States Central Authority 
     is authorized to make grants to, or enter into contracts or 
     agreements with, any individual, corporation, other Federal, 
     State, or local agency, or private entity or organization in 
     the United States for purposes of accomplishing its 
     responsibilities under the Convention and this Act.''.

     SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE 
                   DEPARTMENT OF STATE.

       (a) Counterdrug and Law Enforcement Strategy.--
       (1) Requirement.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall 
     establish, implement, and submit to Congress a comprehensive, 
     long-term strategy to carry out the counterdrug 
     responsibilities of the Department of State in a manner 
     consistent with the National Drug Control Strategy. The 
     strategy shall involve all elements of the Department in the 
     United States and abroad.
       (2) Objectives.--In establishing the strategy, the 
     Secretary shall--
       (A) coordinate with the Office of National Drug Control 
     Policy in the development of clear, specific, and measurable 
     counterdrug objectives for the Department that support the 
     goals and objectives of the National Drug Control Strategy;
       (B) develop specific and, to the maximum extent 
     practicable, quantifiable measures of performance relating to 
     the objectives, including annual and long-term measures of 
     performance, for purposes of assessing the success of the 
     Department in meeting the objectives;
       (C) assign responsibilities for meeting the objectives to 
     appropriate elements of the Department;
       (D) develop an operational structure within the Department 
     that minimizes impediments to meeting the objectives;
       (E) ensure that every United States ambassador or chief of 
     mission is fully briefed on the strategy, and works to 
     achieve the objectives; and
       (F) ensure that--
       (i) all budgetary requests and transfers of equipment 
     (including the financing of foreign military sales and the 
     transfer of excess defense articles) relating to 
     international counterdrug efforts conforms with the 
     objectives; and
       (ii) the recommendations of the Department regarding 
     certification determinations made by the President on March 1 
     as to the counterdrug cooperation, or adequate steps on its 
     own, of each major illicit drug producing and drug 
     trafficking country to achieve full compliance with the goals 
     and objectives established by the United Nations Convention 
     Against Illicit Traffic in Narcotic Drugs and Psychotropic 
     Substances also conform to meet such objectives.
       (3) Reports.--Not later than February 15 of each year 
     subsequent to the submission of the strategy described in 
     paragraph (1), the Secretary shall submit to Congress an 
     update of the strategy. The update shall include--
       (A) an outline of the proposed activities with respect to 
     the strategy during the succeeding year, including the manner 
     in which such activities will meet the objectives set forth 
     in paragraph (2); and
       (B) detailed information on how certification 
     determinations described in paragraph (2)(F) made the 
     previous year affected achievement of the objectives set 
     forth in paragraph (2) for the previous calendar year.
       (4) Limitation on delegation.--The Secretary shall 
     designate an official in the Department who reports directly 
     to the Secretary to oversee the implementation of the 
     strategy throughout the Department.
       (b) Information on International Criminals.--
       (1) Information system.--The Secretary shall, in 
     consultation with the heads of appropriate United States law 
     enforcement agencies, including the Attorney General and the 
     Secretary of the Treasury, take appropriate actions to 
     establish an information system or improve existing 
     information systems containing comprehensive information on 
     serious crimes committed by foreign nationals. The 
     information system shall be available to United States 
     embassies and missions abroad for use in consideration of 
     applications for visas for entry into the United States.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report on the actions 
     taken under paragraph (1).
       (c) Overseas Coordination of Counterdrug and Anticrime 
     Programs, Policy, and Assistance.--
       (1) Strengthening coordination.--The responsibilities of 
     every diplomatic mission of the United States shall include 
     the strengthening of cooperation between and among the United 
     States and foreign governmental entities and multilateral 
     entities with respect to activities relating to international 
     narcotics and crime.
       (2) Designation of officers.--
       (A) In general.--Consistent with existing memoranda of 
     understanding between the Department of State and other 
     departments and agencies of the United States, including the 
     Department of Justice, the chief of mission of every 
     diplomatic mission of the United States shall designate an 
     officer or officers within the mission to carry out the 
     responsibility of the mission under paragraph (1), including 
     the coordination of counterdrug, law enforcement, rule of 
     law, and administration of justice programs, policy, and 
     assistance. Such officer or officers shall report to the 
     chief of mission, or the designee of the chief of mission, on 
     a regular basis regarding activities undertaken in carrying 
     out such responsibility.
       (B) Reports.--The chief of mission of every diplomatic 
     mission of the United States shall submit to the Secretary on 
     a regular basis a report on the actions undertaken by the 
     mission to carry out such responsibility.
       (3) Report to congress.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives a report on the status of any proposals for 
     action or on action undertaken to improve staffing and 
     personnel management at diplomatic missions of the United 
     States in order to carry out the responsibility set forth in 
     paragraph (1).

     SEC. 2215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES.

       The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et 
     seq.) is amended by adding at the end the following new 
     section:
       ``Sec. 12. Not later than March 1 of each year, the 
     Secretary of State shall submit to Congress a report listing 
     overseas United States surplus properties that are 
     administered under this Act and that have been identified for 
     sale.''.

     SEC. 2216. HUMAN RIGHTS REPORTS.

       Section 116(d) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(d)) is amended--
       (1) by striking ``January 31'' and inserting ``February 
     25'';
       (2) redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (3) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) the status of child labor practices in each country, 
     including--
       ``(A) whether such country has adopted policies to protect 
     children from exploitation in the workplace, including a 
     prohibition of forced and bonded labor and policies regarding 
     acceptable working conditions; and
       ``(B) the extent to which each country enforces such 
     policies, including the adequacy of the resources and 
     oversight dedicated to such policies;''.

     SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.), as amended by this division, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 56. CRIMES COMMITTED BY DIPLOMATS.

       ``(a) Annual Report Concerning Diplomatic Immunity.--
       ``(1) Report to congress.--The Secretary of State shall 
     prepare and submit to the Congress, annually, a report 
     concerning diplomatic immunity entitled ``Report on Cases 
     Involving Diplomatic Immunity''.
       ``(2) Content of report.--In addition to such other 
     information as the Secretary of State may consider 
     appropriate, the report under paragraph (1) shall include the 
     following:
       ``(A) The number of persons residing in the United States 
     who enjoy full immunity from the criminal jurisdiction of the 
     United States under laws extending diplomatic privileges and 
     immunities.
       ``(B) Each case involving an alien described in 
     subparagraph (A) in which an appropriate authority of a 
     State, a political subdivision of a State, or the United 
     States reported to the Department of State that the authority 
     had reasonable cause to believe the alien committed a

[[Page S12378]]

     serious criminal offense within the United States, and any 
     additional information provided to the Secretary relating to 
     other serious criminal offenses that any such authority had 
     reasonable cause to believe the alien committed before the 
     period covered by the report. The Secretary may omit from 
     such report any matter the provision of which the Secretary 
     reasonably believes would compromise a criminal investigation 
     or prosecution or which would directly compromise law 
     enforcement or intelligence sources or methods.
       ``(C) Each case described in subparagraph (B) in which the 
     Secretary of State has certified that a person enjoys full 
     immunity from the criminal jurisdiction of the United States 
     under laws extending diplomatic privileges and immunities.
       ``(D) The number of United States citizens who are residing 
     in a receiving state and who enjoy full immunity from the 
     criminal jurisdiction of such state under laws extending 
     diplomatic privileges and immunities.
       ``(E) Each case involving a United States citizen under 
     subparagraph (D) in which the United States has been 
     requested by the government of a receiving state to waive the 
     immunity from criminal jurisdiction of the United States 
     citizen.
       ``(F) Whether the Secretary has made the notifications 
     referred to in subsection (c) during the period covered by 
     the report.
       ``(3) Serious criminal offense defined.--For the purposes 
     of this section, the term `serious criminal offense' means--
       ``(A) any felony under Federal, State, or local law;
       ``(B) any Federal, State, or local offense punishable by a 
     term of imprisonment of more than 1 year;
       ``(C) any crime of violence as defined for purposes of 
     section 16 of title 18, United States Code; or
       ``(D)(i) driving under the influence of alcohol or drugs;
       ``(ii) reckless driving; or
       ``(iii) driving while intoxicated.
       ``(b) United States Policy Concerning Reform of Diplomatic 
     Immunity.--It is the sense of the Congress that the Secretary 
     of State should explore, in appropriate fora, whether states 
     should enter into agreements and adopt legislation--
       ``(1) to provide jurisdiction in the sending state to 
     prosecute crimes committed in the receiving state by persons 
     entitled to immunity from criminal jurisdiction under laws 
     extending diplomatic privileges and immunities; and
       ``(2) to provide that where there is probable cause to 
     believe that an individual who is entitled to immunity from 
     the criminal jurisdiction of the receiving state under laws 
     extending diplomatic privileges and immunities committed a 
     serious crime, the sending state will waive such immunity or 
     the sending state will prosecute such individual.
       ``(c) Notification of Diplomatic Corps.--The Secretary 
     should periodically notify each foreign mission of United 
     States policies relating to criminal offenses committed by 
     individuals with immunity from the criminal jurisdiction of 
     the United States under laws extending diplomatic privileges 
     and immunities.''.

     SEC. 2218. REAFFIRMING UNITED STATES INTERNATIONAL 
                   TELECOMMUNICATIONS POLICY.

       (a) Procurement Policy.--It is the policy of the United 
     States to foster and support procurement of goods and 
     services from private, commercial companies.
       (b) Implementation.--In order to achieve the policy set 
     forth in subsection (a), the Diplomatic Telecommunications 
     Service Program Office (DTS-PO) shall--
       (1) utilize full and open competition in the procurement of 
     telecommunications services, including satellite space 
     segment, for the Department of State and each other Federal 
     entity represented at United States diplomatic missions and 
     consular posts overseas;
       (2) make every effort to ensure and promote the 
     participation in the competition for such procurement of 
     commercial private sector providers of satellite space 
     segment who have no ownership or other connection with an 
     intergovernmental satellite organization; and
       (3) implement the competitive procedures required by 
     paragraphs (1) and (2) at the prime contracting level and, to 
     the maximum extent practicable, the subcontracting level.

     SEC. 2219. REDUCTION OF REPORTING.

       (a) Repeals.--The following provisions of law are repealed:
       (1) Model foreign language competence posts.--The second 
     sentence of section 161(c) of the Foreign Relations 
     Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171 
     note).
       (2) Actions of the government of haiti.--Section 705(c) of 
     the International Security and Development Cooperation Act of 
     1985 (Public Law 99-83).
       (3) Training facility for the foreign service institute.--
     Section 123(e)(2) of the Foreign Relations Authorization Act, 
     Fiscal Years 1986 and 1987 (Public Law 99-93).
       (4) Military assistance for haiti.--Section 203(c) of the 
     Special Foreign Assistance Act of 1986 (Public Law 99-529).
       (5) International sugar agreement, 1977.--Section 5 of the 
     Act entitled ``An Act providing for the implementation of the 
     International Sugar Agreement, 1977, and for other purposes'' 
     (Public Law 96-236; 7 U.S.C. 3605 and 3606).
       (6) Audience survey of worldnet program.--Section 209 (c) 
     and (d) of the Foreign Relations Authorization Act, Fiscal 
     Years 1988 and 1989 (Public Law 100-204).
       (7) Research on the near and middle east.--Section 228(b) 
     of the Foreign Relations Authorization Act, Fiscal Years 1992 
     and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).
       (b) Progress Toward Regional Nonproliferation.--Section 
     620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2376(c); relating to periodic reports on progress toward 
     regional nonproliferation) is amended by striking ``Not later 
     than April 1, 1993 and every six months thereafter,'' and 
     inserting ``Not later than April 1 of each year,''.
       (c) Report on Participation by United States Military 
     Personnel Abroad in United States Elections.--Section 
     101(b)(6) of the Uniformed and Overseas Citizens Absentee 
     Voting Act of 1986 (42 U.S.C. 1973ff(b)(6)) is amended by 
     striking ``of voter participation'' and inserting ``of 
     uniformed services voter participation, a general assessment 
     of overseas nonmilitary participation,''.

       CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

     SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR 
                   ENHANCED PASSPORT SERVICES.

       For the fiscal year 1998, of the fees collected for 
     expedited passport processing and deposited to an offsetting 
     collection pursuant to title V of the Department of State and 
     Related Agencies Appropriations Act for Fiscal Year 1995 
     (Public Law 103-317; 22 U.S.C. 214 note), 30 percent shall be 
     available only for enhancing passport services for United 
     States citizens, improving the integrity and efficiency of 
     the passport issuance process, improving the secure nature of 
     the United States passport, investigating passport fraud, and 
     deterring entry into the United States by terrorists, drug 
     traffickers, or other criminals.

     SEC. 2222. SURCHARGE FOR PROCESSING CERTAIN MACHINE READABLE 
                   VISAS.

       Section 140(a) of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
       (1) in paragraph (2), by striking ``providing consular 
     services'' and inserting ``the Department of State's border 
     security program, including the costs of the installation and 
     operation of the machine readable visa and automated name-
     check process, improving the quality and security of the 
     United States passport, investigations of passport and visa 
     fraud, and the technological infrastructure to support the 
     programs referred to in this sentence'';
       (2) by striking the first sentence of paragraph (3) and 
     inserting ``For the fiscal year 1998, any amount collected 
     under paragraph (1) that exceeds $140,000,000 may be made 
     available only if a notification is submitted to Congress in 
     accordance with the procedures applicable to reprogramming 
     notifications under section 34 of the State Department Basic 
     Authorities Act of 1956.''; and
       (3) by striking paragraphs (4) and (5).

     SEC. 2223. CONSULAR OFFICERS.

       (a) Persons Authorized to Issue Reports of Births Abroad.--
     Section 33 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding 
     at the end the following: ``For purposes of this paragraph, 
     the term `consular officer' includes any United States 
     citizen employee of the Department of State who is designated 
     by the Secretary of State to adjudicate nationality abroad 
     pursuant to such regulations as the Secretary may 
     prescribe.''.
       (b) Provisions Applicable to Consular Officers.--Section 
     1689 of the Revised Statutes (22 U.S.C. 4191) is amended by 
     inserting ``and to such other United States citizen employees 
     of the Department of State as may be designated by the 
     Secretary of State pursuant to such regulations as the 
     Secretary may prescribe'' after ``such officers''.
       (c) Persons Authorized To Authenticate Foreign Documents.--
       (1) Designated united states citizens performing notarial 
     acts.--Section 1750 of the Revised Statutes, as amended (22 
     U.S.C. 4221) is further amended by inserting after the first 
     sentence: ``At any post, port, or place where there is no 
     consular officer, the Secretary of State may authorize any 
     other officer or employee of the United States Government who 
     is a United States citizen serving overseas, including any 
     contract employee of the United States Government, to perform 
     such acts, and any such contractor so authorized shall not be 
     considered to be a consular officer.''.
       (2) Definition of consular officers.--Section 3492(c) of 
     title 18, United States Code, is amended by adding at the end 
     the following: ``For purposes of this section and sections 
     3493 through 3496 of this title, the term `consular officers' 
     includes any United States citizen who is designated to 
     perform notarial functions pursuant to section 1750 of the 
     Revised Statutes, as amended (22 U.S.C. 4221).''.
       (d) Persons Authorized to Administer Oaths.--Section 115 of 
     title 35, United States Code, is amended by adding at the end 
     the following: ``For purposes of this section, a consular 
     officer shall include any United States citizen serving 
     overseas, authorized to perform notarial functions pursuant 
     to section 1750 of the Revised Statutes, as amended (22 
     U.S.C. 4221).''.
       (e) Definition of Consular Officer.--Section 101(a)(9) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is 
     amended by--
       (1) inserting ``or employee'' after ``officer'' the second 
     place it appears; and
       (2) inserting before the period at the end of the sentence 
     ``or, when used in title III, for the purpose of adjudicating 
     nationality''.
       (f) Training for Employees Performing Consular Functions.--
     Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 
     4024) is amended by adding at the end the following new 
     subsection:
       ``(d)(1) Before a United States citizen employee (other 
     than a diplomatic or consular officer of the United States) 
     may be designated by the Secretary of State, pursuant to 
     regulation, to perform a consular function abroad, the United 
     States citizen employee shall--

[[Page S12379]]

       ``(A) be required to complete successfully a program of 
     training essentially equivalent to the training that a 
     consular officer who is a member of the Foreign Service would 
     receive for purposes of performing such function; and
       ``(B) be certified by an appropriate official of the 
     Department of State to be qualified by knowledge and 
     experience to perform such function.
       ``(2) As used in this subsection, the term `consular 
     function' includes the issuance of visas, the performance of 
     notarial and other legalization functions, the adjudication 
     of passport applications, the adjudication of nationality, 
     and the issuance of citizenship documentation.''.

     SEC. 2224. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.

       Sections 1726, 1727, and 1728 of the Revised Statutes of 
     the United States (22 U.S.C. 4212, 4213, and 4214), as 
     amended (relating to accounting for consular fees) are 
     repealed.

     SEC. 2225. ELIMINATION OF DUPLICATE FEDERAL REGISTER 
                   PUBLICATION FOR TRAVEL ADVISORIES.

       (a) Foreign Airports.--Section 44908(a) of title 49, United 
     States Code, is amended--
       (1) by inserting ``and'' at the end of paragraph (1);
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) Foreign Ports.--Section 908(a) of the International 
     Maritime and Port Security Act of 1986 (46 U.S.C. App. 
     1804(a)) is amended by striking the second sentence, relating 
     to Federal Register publication by the Secretary of State.

     SEC. 2226. DENIAL OF VISAS TO CONFISCATORS OF AMERICAN 
                   PROPERTY.

       (a) Denial of Visas.--Except as otherwise provided in 
     section 401 of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (Public Law 104-114), and subject to 
     subsection (b), the Secretary of State may deny the issuance 
     of a visa to any alien who--
       (1) through the abuse of position, including a governmental 
     or political party position, converts or has converted for 
     personal gain real property that has been confiscated or 
     expropriated, a claim to which is owned by a national of the 
     United States, or who is complicit in such a conversion; or
       (2) induces any of the actions or omissions described in 
     paragraph (1) by any person.
       (b) Exceptions.--Subsection (a) shall not apply to--
       (1) any country established by international mandate 
     through the United Nations; or
       (2) any territory recognized by the United States 
     Government to be in dispute.
       (c) Reporting Requirement.--Not later than 6 months after 
     the date of enactment of this Act, and every 12 months 
     thereafter, the Secretary of State shall submit to the 
     Speaker of the House of Representatives and to the chairman 
     of the Committee on Foreign Relations of the Senate a report, 
     including--
       (1) a list of aliens who have been denied a visa under this 
     subsection; and
       (2) a list of aliens who could have been denied a visa 
     under subsection (a) but were issued a visa and an 
     explanation as to why each such visa was issued.

     SEC. 2227. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN 
                   INTERNATIONAL CHILD ABDUCTOR.

       (a) Amendment of Immigration and Nationality Act.--Section 
     212(a)(10)(C) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and 
     inserting the following:
       ``(ii) Aliens supporting abductors and relatives of 
     abductors.--Any alien who--

       ``(I) is known by the Secretary of State to have 
     intentionally assisted an alien in the conduct described in 
     clause (i),
       ``(II) is known by the Secretary of State to be 
     intentionally providing material support or safe haven to an 
     alien described in clause (i), or
       ``(III) is a spouse (other than the spouse who is the 
     parent of the abducted child), child (other than the abducted 
     child), parent, sibling, or agent of an alien described in 
     clause (i), if such person has been designated by the 
     Secretary of State at the Secretary's sole and unreviewable 
     discretion,

     is inadmissible until the child described in clause (i) is 
     surrendered to the person granted custody by the order 
     described in that clause, and such person and child are 
     permitted to return to the United States or such person's 
     place of residence.
       ``(iii) Exceptions.--Clauses (i) and (ii) shall not apply--

       ``(I) to a government official of the United States who is 
     acting within the scope of his or her official duties;
       ``(II) to a government official of any foreign government 
     if the official has been designated by the Secretary of State 
     at the Secretary's sole and unreviewable discretion; or
       ``(III) so long as the child is located in a foreign state 
     that is a party to the Convention on the Civil Aspects of 
     International Child Abduction, done at The Hague on October 
     25, 1980.''.

       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to aliens seeking admission to the United States 
     on or after the date of enactment of this Act.

     SEC. 2228. HAITI; EXCLUSION OF CERTAIN ALIENS; REPORTING 
                   REQUIREMENTS.

       (a) Grounds for Exclusion.--Except as provided in 
     subsection (c), a consular officer shall not issue a visa to, 
     and the Attorney General shall exclude from the United 
     States, any alien who the Secretary of State, in the 
     Secretary's sole and unreviewable discretion, has reason to 
     believe is a 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) was included in the list presented to former president 
     Jean-Bertrand Aristide by former National Security Council 
     Advisor Anthony Lake in December 1995, and acted upon by 
     President Rene Preval;
       (3) was sought for an interview by the Federal Bureau of 
     Investigation as part of its inquiry into the March 28, 1995, 
     murder of Mireille Durocher Bertin and Eugene Baillergeau, 
     Jr., and was credibly alleged to have ordered, carried out, 
     or materially assisted, in those murders, per a June 28, 
     1995, letter to the then Minister of Justice of the 
     Government of Haiti, Jean-Joseph Exume;
       (4)(A) was a member of the Haitian High Command during the 
     period 1991-1994, who has been credibly alleged to have 
     planned, ordered, or participated with members of the Haitian 
     Armed Forces in the September 1991 coup against the duly 
     elected Government of Haiti or the subsequent murders of as 
     many as three thousand Haitians during that period; or
       (B) is an immediate relative of an individual described in 
     subparagraph (A); or
       (5) has been credibly alleged to have been a member of the 
     paramilitary organization known as FRAPH who planned, 
     ordered, or participated in acts of violence against the 
     Haitian people.
       (b) Exemption.--Subsection (a) shall not apply where the 
     Secretary of State finds, on a case by case basis, that the 
     entry into the United States of the person who would 
     otherwise be excluded under subsection (a) is necessary for 
     medical reasons, or such person has cooperated fully with the 
     investigation of the political murders or acts of violence 
     described in subsection (a). If the Secretary of State 
     exempts such a person, the Secretary shall notify the 
     appropriate congressional committees in writing.
       (c) Reporting Requirement on Exclusion of Certain Haitian 
     Aliens.--
       (1) Preparation of list.--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 referred 
     to in paragraph (1) of subsection (a).
       (2) Submission of list to congress.--Not later than 3 
     months after the date of enactment of this Act, the Secretary 
     of State shall submit the list provided under paragraph (1) 
     to the appropriate congressional committees.
       (3) Lists of visa denials and exclusions.--The Secretary of 
     State shall submit to the Committee on Foreign Relations and 
     the Committee on the Judiciary of the Senate and the 
     Committee on International Relations and the Committee on the 
     Judiciary of the House of Representatives 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 subsection (a).
       (4) Duration for submission of lists.--The Secretary shall 
     submit the list under paragraph (3) not later than six 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) Report on the Cost of United States Activities in 
     Haiti.--(1) Not later than January 1, 1998, and every 6 
     months thereafter, the President shall submit a report to 
     Congress on the situation in Haiti, including--
       (A) a listing of the units of the United States Armed 
     Forces or Coast Guard and of the police and military units of 
     other nations participating in operations in and around 
     Haiti;
       (B) incidents of the use of force in Haiti involving 
     hostile acts against United States Armed Forces or Coast 
     Guard personnel during the period covered by the report;
       (C) the estimated cumulative program costs of all United 
     States activities in Haiti during the period covered by the 
     report, including--
       (i) the incremental cost of deployments of United States 
     Armed Forces and Coast Guard personnel training, exercises, 
     mobilization, and preparation activities, including the 
     United States contribution to the training and transportation 
     of police and military units of other nations of any 
     multilateral force involved in activities in Haiti;
       (ii) the costs of all other activities relating to United 
     States policy toward Haiti, including humanitarian 
     assistance, reconstruction assistance, assistance under part 
     I of the Foreign Assistance Act of 1961, and other financial 
     assistance, and all other costs to the United States 
     Government; and
       (D) a detailed accounting of the source of funds obligated 
     or expended to meet the costs described in paragraph (3), 
     including--
       (i) in the case of amounts expended out of funds available 
     to the Department of Defense budget, by military service or 
     defense agency, line item, and program; and
       (ii) in the case of amounts expended out of funds available 
     to departments and agencies other than the Department of 
     Defense, by department or agency and program.
       (2) Definition.--In this section, the term ``period covered 
     by the report'' means the 6-month period prior to the date 
     the report is required to be submitted, except that, in the 
     case of the initial report, the term means the period since 
     the date of enactment of the Foreign Relations Authorization 
     Act, Fiscal Years 1998 and 1999.

[[Page S12380]]

                   CHAPTER 3--REFUGEES AND MIGRATION

             Subchapter A--Authorization of Appropriations

     SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.

       (a) Migration and Refugee Assistance.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated for ``Migration and Refugee Assistance'' 
     for authorized activities, $650,000,000 for the fiscal year 
     1998 and $704,500,000 for the fiscal year 1999.
       (2) Limitations.--
       (A) Limitation regarding tibetan refugees in india and 
     nepal.--Of the amounts authorized to be appropriated in 
     paragraph (1), $1,000,000 for the fiscal year 1998 and 
     $1,000,000 for the fiscal year 1999 are authorized to be 
     available only for humanitarian assistance, including food, 
     medicine, clothing, and medical and vocational training, to 
     Tibetan refugees in India and Nepal who have fled Chinese-
     occupied Tibet.
       (B) Refugees resettling in israel.--Of the amounts 
     authorized to be appropriated in paragraph (1), $80,000,000 
     for the fiscal year 1998 and $80,000,000 for the fiscal year 
     1999 are authorized to be available for assistance for 
     refugees resettling in Israel from other countries.
       (C) Humanitarian assistance for displaced burmese.--Of the 
     amounts authorized to be appropriated in paragraph (1), 
     $1,500,000 for the fiscal year 1998 and $1,500,000 for the 
     fiscal year 1999 for humanitarian assistance are authorized 
     to be available, including food, medicine, clothing, and 
     medical and vocational training, to persons displaced as a 
     result of civil conflict in Burma, including persons still 
     within Burma.
       (b) Availability of Funds.--Funds appropriated pursuant to 
     this section are authorized to remain available until 
     expended.

                       Subchapter B--Authorities

     SEC. 2241. UNITED STATES POLICY REGARDING THE INVOLUNTARY 
                   RETURN OF REFUGEES.

       (a) In General.--None of the funds made available by this 
     subdivision shall be available to effect the involuntary 
     return by the United States of any person to a country in 
     which the person has a well-founded fear of persecution on 
     account of race, religion, nationality, membership in a 
     particular social group, or political opinion, except on 
     grounds recognized as precluding protection as a refugee 
     under the United Nations Convention Relating to the Status of 
     Refugees of July 28, 1951, and the Protocol Relating to the 
     Status of Refugees of January 31, 1967, subject to the 
     reservations contained in the United States Senate Resolution 
     of Ratification.
       (b) Migration and Refugee Assistance.--None of the funds 
     made available by section 2231 of this division or by section 
     2(c) of the Migration and Refugee Assistance Act of 1962 (22 
     U.S.C. 2601(c)) shall be available to effect the involuntary 
     return of any person to any country unless the Secretary of 
     State first notifies the appropriate congressional 
     committees, except that in the case of an emergency involving 
     a threat to human life the Secretary of State shall notify 
     the appropriate congressional committees as soon as 
     practicable.
       (c) Involuntary Return Defined.--As used in this section, 
     the term ``to effect the involuntary return'' means to 
     require, by means of physical force or circumstances 
     amounting to a threat thereof, a person to return to a 
     country against the person's will, regardless of whether the 
     person is physically present in the United States and 
     regardless of whether the United States acts directly or 
     through an agent.

     SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE 
                   INVOLUNTARY RETURN OF PERSONS IN DANGER OF 
                   SUBJECTION TO TORTURE.

       (a) Policy.--It shall be the policy of the United States 
     not to expel, extradite, or otherwise effect the involuntary 
     return of any person to a country in which there are 
     substantial grounds for believing the person would be in 
     danger of being subjected to torture, regardless of whether 
     the person is physically present in the United States.
       (b) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the heads of the appropriate agencies 
     shall prescribe regulations to implement the obligations of 
     the United States under Article 3 of the United Nations 
     Convention Against Torture and Other Forms of Cruel, Inhuman 
     or Degrading Treatment or Punishment, subject to any 
     reservations, understandings, declarations, and provisos 
     contained in the United States Senate resolution of 
     ratification of the Convention.
       (c) Exclusion of Certain Aliens.--To the maximum extent 
     consistent with the obligations of the United States under 
     the Convention, subject to any reservations, understandings, 
     declarations, and provisos contained in the United States 
     Senate resolution of ratification of the Convention, the 
     regulations described in subsection (b) shall exclude from 
     the protection of such regulations aliens described in 
     section 241(b)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(b)(3)(B)).
       (d) Review and Construction.--Notwithstanding any other 
     provision of law, and except as provided in the regulations 
     described in subsection (b), no court shall have jurisdiction 
     to review the regulations adopted to implement this section, 
     and nothing in this section shall be construed as providing 
     any court jurisdiction to consider or review claims raised 
     under the Convention or this section, or any other 
     determination made with respect to the application of the 
     policy set forth in subsection (a), except as part of the 
     review of a final order of removal pursuant to section 242 of 
     the Immigration and Nationality Act (8 U.S.C. 1252).
       (e) Authority To Detain.--Nothing in this section shall be 
     construed as limiting the authority of the Attorney General 
     to detain any person under any provision of law, including, 
     but not limited to, any provision of the Immigration and 
     Nationality Act.
       (f) Definitions.--
       (1) Convention defined.--In this section, the term 
     ``Convention'' means the United Nations Convention Against 
     Torture and Other Forms of Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York on December 10, 
     1984.
       (2) Same terms as in the convention.--Except as otherwise 
     provided, the terms used in this section have the meanings 
     given those terms in the Convention, subject to any 
     reservations, understandings, declarations, and provisos 
     contained in the United States Senate resolution of 
     ratification of the Convention.

     SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE 
                   FUNDS.

       Section 34 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2706) is amended--
       (1) in subsection (a)--
       (A) by striking ``Foreign Affairs'' and inserting 
     ``International Relations and the Committee on 
     Appropriations''; and
       (B) by inserting ``and the Committee on Appropriations'' 
     after ``Foreign Relations''; and
       (2) by adding at the end the following new subsection:
       ``(c) The Secretary of State may waive the notification 
     requirement of subsection (a), if the Secretary determines 
     that failure to do so would pose a substantial risk to human 
     health or welfare. In the case of any waiver under this 
     subsection, notification to the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives 
     shall be provided as soon as practicable, but not later than 
     3 days after taking the action to which the notification 
     requirement was applicable, and shall contain an explanation 
     of the emergency circumstances.''.

     SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.

       Section 584 of the Foreign Operations, Export Financing, 
     and Related Programs Appropriations Act, 1997 (Public Law 
     104-208; 110 Stat. 3009-171) is amended--
       (1) in subsection (a)--
       (A) by striking ``For purposes'' and inserting 
     ``Notwithstanding any other provision of law, for purposes''; 
     and
       (B) by striking ``fiscal year 1997'' and inserting ``fiscal 
     years 1997 and 1998''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Aliens Covered.--
       ``(1) In general.-- An alien described in this subsection 
     is an alien who--
       ``(A) is the son or daughter of a qualified national;
       ``(B) is 21 years of age or older; and
       ``(C) was unmarried as of the date of acceptance of the 
     alien's parent for resettlement under the Orderly Departure 
     Program.
       ``(2) Qualified national.--For purposes of paragraph (1), 
     the term `qualified national' means a national of Vietnam 
     who--
       ``(A)(i) was formerly interned in a reeducation camp in 
     Vietnam by the Government of the Socialist Republic of 
     Vietnam; or
       ``(ii) is the widow or widower of an individual described 
     in clause (i); and
       ``(B)(i) qualified for refugee processing under the 
     reeducation camp internees subprogram of the Orderly 
     Departure Program; and
       ``(ii) on or after April 1, 1995, is or has been accepted--
       ``(I) for resettlement as a refugee; or
       ``(II) for admission as an immigrant under the Orderly 
     Departure Program.''.

     SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION 
                   POLICIES.

       Beginning not later than 6 months after the date of 
     enactment of this Act, and every 6 months thereafter, the 
     Secretary of State shall supplement the monthly report to 
     Congress entitled ``Update on Monitoring of Cuban Migrant 
     Returnees'' with additional information concerning the 
     methods employed by the Government of Cuba to enforce the 
     United States-Cuba agreement of September 1994 and the 
     treatment by the Government of Cuba of persons who have 
     returned to Cuba pursuant to the United States-Cuba agreement 
     of May 1995.
  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE

     SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

       (a) Establishment.--Section 1 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a) is amended by 
     adding at the end the following new subsection:
       ``(f) Coordinator for Counterterrorism.--
       ``(1) In general.--There is within the office of the 
     Secretary of State a Coordinator for Counterterrorism (in 
     this paragraph referred to as the `Coordinator') who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(2) Duties.--
       ``(A) In general.--The Coordinator shall perform such 
     duties and exercise such powers as the Secretary of State 
     shall prescribe.
       ``(B) Duties described.--The principal duty of the 
     Coordinator shall be the overall supervision (including 
     policy oversight of resources) of international 
     counterterrorism activities. The Coordinator shall be the 
     principal adviser to the Secretary of State on international 
     counterterrorism matters. The Coordinator shall be the 
     principal counterterrorism official within the senior 
     management of the Department of State and shall report 
     directly to the Secretary of State.
       ``(3) Rank and status of ambassador.--The Coordinator shall 
     have the rank and status of Ambassador at Large.''.

[[Page S12381]]

       (b) Technical and Conforming Amendments.--Section 161 of 
     the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995 (Public Law 103-236) is amended by striking 
     subsection (e).

     SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE 
                   FOR BURDENSHARING.

       Section 161 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is amended 
     by striking subsection (f).

     SEC. 2303. PERSONNEL MANAGEMENT.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a), as amended by this division, is 
     further amended by adding at the end the following new 
     subsection:
       ``(g) Qualifications of Officer Having Primary 
     Responsibility for Personnel Management.--The officer of the 
     Department of State with primary responsibility for assisting 
     the Secretary of State with respect to matters relating to 
     personnel in the Department of State, or that officer's 
     principal deputy, shall have substantial professional 
     qualifications in the field of human resource policy and 
     management.''.

     SEC. 2304. DIPLOMATIC SECURITY.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a), as amended by this division, is 
     further amended by adding at the end the following new 
     subsection:
       ``(h) Qualifications of Officer Having Primary 
     Responsibility for Diplomatic Security.--The officer of the 
     Department of State with primary responsibility for assisting 
     the Secretary of State with respect to diplomatic security, 
     or that officer's principal deputy, shall have substantial 
     professional qualifications in the fields of (1) management, 
     and (2) Federal law enforcement, intelligence, or 
     security.''.

     SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR 
                   THE DEPARTMENT OF STATE.

       (a) Under Secretaries.--
       (1) In general.--Section 1(b) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by 
     striking ``5'' and inserting ``6''.
       (2) Conforming amendment to title 5.--Section 5314 of title 
     5, United States Code, is amended by striking ``Under 
     Secretaries of State (5)'' and inserting ``Under Secretaries 
     of State (6)''.
       (b) Assistant Secretaries.--
       (1) In general.--Section 1(c)(1) of the State Department 
     Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is 
     amended by striking ``20'' and inserting ``24''.
       (2) Conforming amendment to title 5.--Section 5315 of title 
     5, United States Code, is amended by striking ``Assistant 
     Secretaries of State (20)'' and inserting ``Assistant 
     Secretaries of State (24)''.
       (c) Deputy Assistant Secretaries.--Section 1 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), 
     as amended by this division, is further amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (d), (e), (f), and (g), respectively.

     SEC. 2306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT 
                   SECRETARIES OF STATE.

       (a) Under Secretaries of State.--Section 1(b) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(c)), as amended by this division, is further amended by 
     adding at the end the following new paragraph:
       ``(4) Nomination of Under Secretaries.--Whenever the 
     President submits to the Senate a nomination of an individual 
     for appointment to a position in the Department of State that 
     is described in paragraph (1), the President shall designate 
     the particular Under Secretary position in the Department of 
     State that the individual shall have.''.
       (b) Assistant Secretaries of State.--Section 1(c) of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(c)), as amended by this division, is further amended by 
     adding at the end the following new paragraph:
       ``(3) Nomination of Assistant Secretaries.--Whenever the 
     President submits to the Senate a nomination of an individual 
     for appointment to a position in the Department of State that 
     is described in paragraph (1), the President shall designate 
     the regional or functional bureau or bureaus of the 
     Department of State with respect to which the individual 
     shall have responsibility.''.

  CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE

     SEC. 2311. FOREIGN SERVICE REFORM.

       (a) Performance Pay.--Section 405 of the Foreign Service 
     Act of 1980 (22 U.S.C. 3965) is amended--
       (1) in subsection (a), by striking ``Members'' and 
     inserting ``Subject to subsection (e), members''; and
       (2) by adding at the end the following new subsection:
       ``(e) Notwithstanding any other provision of law, the 
     Secretary of State may provide for recognition of the 
     meritorious or distinguished service of any member of the 
     Foreign Service described in subsection (a) (including any 
     member of the Senior Foreign Service) by means other than an 
     award of performance pay in lieu of making such an award 
     under this section.''.
       (b) Expedited Separation Out.--
       (1) Separation of lowest ranked foreign service members.--
     Not later than 90 days after the date of enactment of this 
     Act, the Secretary of State shall develop and implement 
     procedures to identify, and recommend for separation, any 
     member of the Foreign Service ranked by promotion boards of 
     the Department of State in the bottom 5 percent of his or her 
     class for 2 or more of the 5 years preceding the date of 
     enactment of this Act (in this subsection referred to as the 
     ``years of lowest ranking'') if the rating official for such 
     member was not the same individual for any two of the years 
     of lowest ranking.
       (2) Special internal reviews.--In any case where the member 
     was evaluated by the same rating official in any 2 of the 
     years of lowest ranking, an internal review of the member's 
     file shall be conducted to determine whether the member 
     should be considered for action leading to separation.
       (3) Procedures.--The Secretary of State shall develop 
     procedures for the internal reviews required under paragraph 
     (2).

     SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.

       (a) Benefits.--Section 609 of the Foreign Service Act of 
     1980 (22 U.S.C. 4009) is amended--
       (1) in subsection (a)(2)(A), by inserting ``or any other 
     applicable provision of chapter 84 of title 5, United States 
     Code,'' after ``section 811'';
       (2) in subsection (a), by inserting ``or section 855, as 
     appropriate'' after ``section 806''; and
       (3) in subsection (b)(2)--
       (A) by striking ``(2)'' and inserting ``(2)(A) for those 
     participants in the Foreign Service Retirement and Disability 
     System,''; and
       (B) by inserting before the period at the end ``; and (B) 
     for those participants in the Foreign Service Pension System, 
     benefits as provided in section 851''; and
       (4) in subsection (b) in the matter following paragraph 
     (2), by inserting ``(for participants in the Foreign Service 
     Retirement and Disability System) or age 62 (for participants 
     in the Foreign Service Pension System)'' after ``age 60''.
       (b) Entitlement to Annuity.--Section 855(b) of the Foreign 
     Service Act of 1980 (22 U.S.C. 4071d(b)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``611,'' after ``608,'';
       (B) by inserting ``or for participants in the Foreign 
     Service Pension System,'' after ``for participants in the 
     Foreign Service Retirement and Disability System''; and
       (C) by striking ``Service shall'' and inserting ``Service, 
     shall''; and
       (2) in paragraph (3), by striking ``or 610'' and inserting 
     ``610, or 611''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (2) Exceptions.--The amendments made by paragraphs (2) and 
     (3) of subsection (a) and paragraphs (1)(A) and (2) of 
     subsection (b) shall apply with respect to any actions taken 
     under section 611 of the Foreign Service Act of 1980 on or 
     after January 1, 1996.

     SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED 
                   FELONS FROM THE FOREIGN SERVICE.

       Section 610(a)(2) of the Foreign Service Act of 1980 (22 
     U.S.C. 4010(a)(2)) is amended in the first sentence by 
     striking ``A member'' and inserting ``Except in the case of 
     an individual who has been convicted of a crime for which a 
     sentence of imprisonment of more than 1 year may be imposed, 
     a member''.

     SEC. 2314. CAREER COUNSELING.

       (a) In General.--Section 706(a) of the Foreign Service Act 
     of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end 
     the following new sentence: ``Career counseling and related 
     services provided pursuant to this Act shall not be construed 
     to permit an assignment that consists primarily of paid time 
     to conduct a job search and without other substantive duties 
     for more than one month.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective 180 days after the date of the enactment 
     of this Act.

     SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

       Section 1017(e)(2) of the Foreign Service Act of 1980 (22 
     U.S.C. 4117(e)(2)) is amended to read as follows:
       ``(2) For the purposes of paragraph (1)(A)(ii) and 
     paragraph (1)(B), the term `management official' does not 
     include--
       ``(A) any chief of mission;
       ``(B) any principal officer or deputy principal officer;
       ``(C) any administrative or personnel officer abroad; or
       ``(D) any individual described in section 1002(12) (B), 
     (C), or (D) who is not involved in the administration of this 
     chapter or in the formulation of the personnel policies and 
     programs of the Department.''.

     SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL 
                   INVESTIGATORS WITHIN THE DIPLOMATIC SECURITY 
                   SERVICE.

       (a) In General.--Section 5545a of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(k)(1) For purposes of this section, the term `criminal 
     investigator' includes a special agent occupying a position 
     under title II of Public Law 99-399 if such special agent--
       ``(A) meets the definition of such term under paragraph (2) 
     of subsection (a) (applied disregarding the parenthetical 
     matter before subparagraph (A) thereof); and
       ``(B) such special agent satisfies the requirements of 
     subsection (d) without taking into account any hours 
     described in paragraph (2)(B) thereof.
       ``(2) In applying subsection (h) with respect to a special 
     agent under this subsection--
       ``(A) any reference in such subsection to `basic pay' shall 
     be considered to include amounts designated as `salary';
       ``(B) paragraph (2)(A) of such subsection shall be 
     considered to include (in addition to the provisions of law 
     specified therein) sections 609(b)(1), 805, 806, and 856 of 
     the Foreign Service Act of 1980; and
       ``(C) paragraph (2)(B) of such subsection shall be applied 
     by substituting for `Office of Personnel Management' the 
     following: `Office of Personnel Management or the Secretary 
     of State (to

[[Page S12382]]

     the extent that matters exclusively within the jurisdiction 
     of the Secretary are concerned)'.''.
       (b) Implementation.--Not later than the date on which the 
     amendments made by this section take effect, each special 
     agent of the Diplomatic Security Service who satisfies the 
     requirements of subsection (k)(1) of section 5545a of title 
     5, United States Code, as amended by this section, and the 
     appropriate supervisory officer, to be designated by the 
     Secretary of State, shall make an initial certification to 
     the Secretary of State that the special agent is expected to 
     meet the requirements of subsection (d) of such section 
     5545a. The Secretary of State may prescribe procedures 
     necessary to administer this subsection.
       (c) Technical and Conforming Amendments.--(1) Paragraph (2) 
     of section 5545a(a) of title 5, United States Code, is 
     amended (in the matter before subparagraph (A)) by striking 
     ``Public Law 99-399)'' and inserting ``Public Law 99-399, 
     subject to subsection (k))''.
       (2) Section 5542(e) of such title is amended by striking 
     ``title 18, United States Code,'' and inserting ``title 18 or 
     section 37(a)(3) of the State Department Basic Authorities 
     Act of 1956,''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first applicable 
     pay period--
       (1) which begins on or after the 90th day following the 
     date of the enactment of this Act; and
       (2) on which date all regulations necessary to carry out 
     such amendments are (in the judgment of the Director of the 
     Office of Personnel Management and the Secretary of State) in 
     effect.

     SEC. 2317. NONOVERTIME DIFFERENTIAL PAY.

       Title 5 of the United States Code is amended--
       (1) in section 5544(a), by inserting after the fourth 
     sentence the following new sentence: ``For employees serving 
     outside the United States in areas where Sunday is a routine 
     workday and another day of the week is officially recognized 
     as the day of rest and worship, the Secretary of State may 
     designate the officially recognized day of rest and worship 
     as the day with respect to which the preceding sentence shall 
     apply instead of Sunday.''; and
       (2) at the end of section 5546(a), by adding the following 
     new sentence: ``For employees serving outside the United 
     States in areas where Sunday is a routine workday and another 
     day of the week is officially recognized as the day of rest 
     and worship, the Secretary of State may designate the 
     officially recognized day of rest and worship as the day with 
     respect to which the preceding sentence shall apply instead 
     of Sunday.''.

     SEC. 2318. REPORT CONCERNING MINORITIES AND THE FOREIGN 
                   SERVICE.

       The Secretary of State shall during each of calendar years 
     1998 and 1999 submit a report to the Congress concerning 
     minorities and the Foreign Service officer corps. In addition 
     to such other information as is relevant to this issue, the 
     report shall include the following data for the last 
     preceding examination and promotion cycles for which such 
     information is available (reported in terms of real numbers 
     and percentages and not as ratios):
       (1) The numbers and percentages of all minorities taking 
     the written Foreign Service examination.
       (2) The numbers and percentages of all minorities 
     successfully completing and passing the written Foreign 
     Service examination.
       (3) The numbers and percentages of all minorities 
     successfully completing and passing the oral Foreign Service 
     examination.
       (4) The numbers and percentages of all minorities entering 
     the junior officers class of the Foreign Service.
       (5) The numbers and percentages of all minority Foreign 
     Service officers at each grade.
       (6) The numbers of and percentages of minorities promoted 
     at each grade of the Foreign Service officer corps.
  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS

     SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND 
                   EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

       The following amounts are authorized to be appropriated to 
     carry out international information activities and 
     educational and cultural exchange programs under the United 
     States Information and Educational Exchange Act of 1948, the 
     Mutual Educational and Cultural Exchange Act of 1961, 
     Reorganization Plan Number 2 of 1977, the United States 
     International Broadcasting Act of 1994, the Radio 
     Broadcasting to Cuba Act, the Television Broadcasting to Cuba 
     Act, the Board for International Broadcasting Act, the North/
     South Center Act of 1991, and the National Endowment for 
     Democracy Act, and to carry out other authorities in law 
     consistent with such purposes:
       (1) International information program.--For ``International 
     Information Program'', $431,000,000 for the fiscal year 1998.
       (2) Technology fund.--For the ``Technology Fund'' for the 
     United States Information Agency, $6,350,000 for the fiscal 
     year 1998.
       (3) Educational and cultural exchange programs.--
       (A) Fulbright academic exchange programs.--
       (i) Fulbright academic exchange programs.--There are 
     authorized to be appropriated for the ``Fulbright Academic 
     Exchange Programs'' (other than programs described in 
     subparagraph (B)), $99,236,000 for the fiscal year 1998.
       (ii) Vietnam fulbright academic exchange programs.--Of the 
     amounts authorized to be appropriated under clause (i), 
     $5,000,000 for the fiscal year 1998 is authorized to be 
     available for the Vietnam scholarship program established by 
     section 229 of the Foreign Relations Authorization Act, 
     Fiscal Years 1992 and 1993 (Public Law 102-138).
       (B) Other educational and cultural exchange programs.--
       (i) In general.--There are authorized to be appropriated 
     for other educational and cultural exchange programs 
     authorized by law, $103,495,000 for the fiscal year 1998.
       (ii) South pacific exchanges.--Of the amounts authorized to 
     be appropriated under clause (i), $500,000 for the fiscal 
     year 1998 is authorized to be available for ``South Pacific 
     Exchanges''.
       (iii) East timorese scholarships.--Of the amounts 
     authorized to be appropriated under clause (i), $500,000 for 
     the fiscal year 1998 is authorized to be available for ``East 
     Timorese Scholarships''.
       (iv) Tibetan exchanges.--Of the amounts authorized to be 
     appropriated under clause (i), $500,000 for the fiscal year 
     1998 is authorized to be available for ``Educational and 
     Cultural Exchanges with Tibet'' under section 236 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236).
       (4) International broadcasting activities.--
       (A) Authorization of appropriations.--For ``International 
     Broadcasting Operations'', $364,415,000 for the fiscal year 
     1998.
       (B) Allocation.--Of the amounts authorized to be 
     appropriated under subparagraph (A), the Director of the 
     United States Information Agency and the Broadcasting Board 
     of Governors shall seek to ensure that the amounts made 
     available for broadcasting to nations whose people do not 
     fully enjoy freedom of expression do not decline in 
     proportion to the amounts made available for broadcasting to 
     other nations.
       (5) Radio construction.--For ``Radio Construction'', 
     $40,000,000 for the fiscal year 1998.
       (6) Radio free asia.--For ``Radio Free Asia'', $22,000,000 
     for the fiscal year 1998 and an additional $8,000,000 in 
     fiscal year 1998 for one-time capital costs.
       (7) Broadcasting to cuba.--For ``Broadcasting to Cuba'', 
     $22,095,000 for the fiscal year 1998.
       (8) Center for cultural and technical interchange between 
     east and west.--For the ``Center for Cultural and Technical 
     Interchange between East and West'', $12,000,000 for the 
     fiscal year 1998.
       (9) National endowment for democracy.--For the ``National 
     Endowment for Democracy'', $30,000,000 for the fiscal year 
     1998.
       (10) Center for cultural and technical interchange between 
     north and south.--For ``Center for Cultural and Technical 
     Interchange between North and South'' $1,500,000 for the 
     fiscal year 1998.

                 CHAPTER 2--AUTHORITIES AND ACTIVITIES

     SEC. 2411. RETENTION OF INTEREST.

       Notwithstanding any other provision of law, with the 
     approval of the National Endowment for Democracy, grant funds 
     made available by the National Endowment for Democracy may be 
     deposited in interest-bearing accounts pending disbursement, 
     and any interest which accrues may be retained by the grantee 
     without returning such interest to the Treasury of the United 
     States and interest earned may be obligated and expended for 
     the purposes for which the grant was made without further 
     appropriation.

     SEC. 2412. USE OF SELECTED PROGRAM FEES.

       Section 810 of the United States Information and 
     Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended 
     to read as follows:


                 ``use of english-teaching program fees

       ``Sec. 810. (a) In General.--Notwithstanding section 3302 
     of title 31, United States Code, or any other law or 
     limitation of authority, fees and receipts described in 
     subsection (b) are authorized to be credited each fiscal year 
     for authorized purposes to the appropriate appropriations of 
     the United States Information Agency to such extent as may be 
     provided in advance in appropriations acts.
       ``(b) Fees and Receipts Described.--The fees and receipts 
     described in this subsection are fees and payments received 
     by or for the use of the United States Information Agency 
     from or in connection with--
       ``(1) English-teaching and library services,
       ``(2) educational advising and counseling,
       ``(3) Exchange Visitor Program Services,
       ``(4) advertising and business ventures of the Voice of 
     America and the International Broadcasting Bureau,
       ``(5) cooperating international organizations, and
       ``(6) Agency-produced publications,
       ``(7) an amount not to exceed $100,000 of the payments from 
     motion picture and television programs produced or conducted 
     by or on behalf of the Agency under the authority of this Act 
     or the Mutual Education and Cultural Exchange Act of 1961.''.

     SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.

       (a) Guidelines.--Section 227(c)(5) of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 
     note) is amended by inserting ``journalism and 
     communications, education administration, public policy, 
     library and information science,'' after ``business 
     administration,'' each of the two places it appears.
       (b) Redesignation of Soviet Union.--Section 227 of the 
     Foreign Relations Authorization Act, Fiscal Years 1992 and 
     1993 (22 U.S.C. 2452 note) is amended--
       (1) in subsections (a), (b), and (c)(5), by striking 
     ``Soviet Union'' each place it appears and inserting 
     ``independent states of the former Soviet Union'';
       (2) in subsection (c)(11), by striking ``Soviet republics'' 
     and inserting ``independent states of the former Soviet 
     Union''; and
       (3) in the section heading, by inserting ``INDEPENDENT 
     STATES OF THE FORMER'' after ``FROM THE''.

[[Page S12383]]

     SEC. 2414. WORKING GROUP ON UNITED STATES GOVERNMENT-
                   SPONSORED INTERNATIONAL EXCHANGES AND TRAINING.

       Section 112 of the Mutual Educational and Cultural Exchange 
     Act of 1961 (22 U.S.C. 2460) is amended by adding at the end 
     the following new subsection:
       ``(g) Working Group on United States Government Sponsored 
     International Exchanges and Training.--(1) In order to carry 
     out the purposes of subsection (f) and to improve the 
     coordination, efficiency, and effectiveness of United States 
     Government-sponsored international exchanges and training, 
     there is established within the United States Information 
     Agency a senior-level interagency working group to be known 
     as the Working Group on United States Government-Sponsored 
     International Exchanges and Training (in this section 
     referred to as the `Working Group').
       ``(2) For purposes of this subsection, the term 
     `Government-sponsored international exchanges and training' 
     means the movement of people between countries to promote the 
     sharing of ideas, to develop skills, and to foster mutual 
     understanding and cooperation, financed wholly or in part, 
     directly or indirectly, with United States Government funds.
       ``(3) The Working Group shall be composed as follows:
       ``(A) The Associate Director for Educational and Cultural 
     Affairs of the United States Information Agency, who shall 
     act as Chair.
       ``(B) A senior representative of the Department of State, 
     who shall be designated by the Secretary of State.
       ``(C) A senior representative of the Department of Defense, 
     who shall be designated by the Secretary of Defense.
       ``(D) A senior representative of the Department of 
     Education, who shall be designated by the Secretary of 
     Education.
       ``(E) A senior representative of the Department of Justice, 
     who shall be designated by the Attorney General.
       ``(F) A senior representative of the Agency for 
     International Development, who shall be designated by the 
     Administrator of the Agency.
       ``(G) Senior representatives of such other departments and 
     agencies as the Chair determines to be appropriate.
       ``(4) Representatives of the National Security Adviser and 
     the Director of the Office of Management and Budget may 
     participate in the Working Group at the discretion of the 
     Adviser and the Director, respectively.
       ``(5) The Working Group shall be supported by an 
     interagency staff office established in the Bureau of 
     Educational and Cultural Affairs of the United States 
     Information Agency.
       ``(6) The Working Group shall have the following purposes 
     and responsibilities:
       ``(A) To collect, analyze, and report data provided by all 
     United States Government departments and agencies conducting 
     international exchanges and training programs.
       ``(B) To promote greater understanding and cooperation 
     among concerned United States Government departments and 
     agencies of common issues and challenges in conducting 
     international exchanges and training programs, including 
     through the establishment of a clearinghouse for information 
     on international exchange and training activities in the 
     governmental and nongovernmental sectors.
       ``(C) In order to achieve the most efficient and cost-
     effective use of Federal resources, to identify 
     administrative and programmatic duplication and overlap of 
     activities by the various United States Government 
     departments and agencies involved in Government-sponsored 
     international exchange and training programs, to identify how 
     each Government-sponsored international exchange and training 
     program promotes United States foreign policy, and to report 
     thereon.
       ``(D)(i) Not later than 1 year after the date of the 
     enactment of the Foreign Relations Authorization Act, Fiscal 
     Years 1998 and 1999, the Working Group shall develop a 
     coordinated and cost-effective strategy for all United States 
     Government-sponsored international exchange and training 
     programs, including an action plan with the objective of 
     achieving a minimum of 10 percent cost savings through 
     greater efficiency, the consolidation of programs, or the 
     elimination of duplication, or any combination thereof.
       ``(ii) Not later than 1 year after the date of enactment of 
     the Foreign Relations Authorization Act, Fiscal Years 1998 
     and 1999, the Working Group shall submit a report to the 
     appropriate congressional committees setting forth the 
     strategy and action plan required by clause (i).
       ``(iii) Each year thereafter the Working Group shall assess 
     the strategy and plan required by clause (i).
       ``(E) Not later than 2 years after the date of the 
     enactment of the Foreign Relations Authorization Act, Fiscal 
     Years 1998 and 1999, to develop recommendations on common 
     performance measures for all United States Government-
     sponsored international exchange and training programs, and 
     to issue a report.
       ``(F) To conduct a survey of private sector international 
     exchange activities and develop strategies for expanding 
     public and private partnerships in, and leveraging private 
     sector support for, United States Government-sponsored 
     international exchange and training activities.
       ``(G) Not later than 6 months after the date of the 
     enactment of the Foreign Relations Authorization Act, Fiscal 
     Years 1998 and 1999, to report on the feasibility and 
     advisability of transferring funds and program management for 
     the ATLAS or the Mandela Fellows programs, or both, in South 
     Africa from the Agency for International Development to the 
     United States Information Agency. The report shall include an 
     assessment of the capabilities of the South African Fulbright 
     Commission to manage such programs and the cost effects of 
     consolidating such programs under one entity.
       ``(7) All reports prepared by the Working Group shall be 
     submitted to the President, through the Director of the 
     United States Information Agency.
       ``(8) The Working Group shall meet at least on a quarterly 
     basis.
       ``(9) All decisions of the Working Group shall be by 
     majority vote of the members present and voting.
       ``(10) The members of the Working Group shall serve without 
     additional compensation for their service on the Working 
     Group. Any expenses incurred by a member of the Working Group 
     in connection with service on the Working Group shall be 
     compensated by that member's department or agency.
       ``(11) With respect to any report issued under paragraph 
     (6), a member may submit dissenting views to be submitted as 
     part of the report of the Working Group.''.

     SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND 
                   SCHOLARSHIPS FOR TIBETANS AND BURMESE.

       (a) In General.--Section 103(b)(1) of the Human Rights, 
     Refugee, and Other Foreign Relations Provisions Act of 1996 
     (Public Law 104-319; 22 U.S.C. 2151 note) is amended--
       (1) by striking ``for fiscal year 1997'' and inserting 
     ``for each of the fiscal years 1998 and 1999''; and
       (2) by inserting after ``who are outside Tibet'' the 
     following: ``(if practicable, including individuals active in 
     the preservation of Tibet's unique culture, religion, and 
     language)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1997.

     SEC. 2416. UNITED STATES-JAPAN COMMISSION.

       (a) Relief From Restriction of Interchangeability of 
     Funds.--
       (1) Elimination of restriction.--Section 6(4) of the Japan-
     United States Friendship Act (22 U.S.C. 2905(4)) is amended 
     by striking ``needed, except'' and all that follows through 
     ``United States'' and inserting ``needed''.
       (2) Authorized investments.--The second sentence of section 
     7(b) of the Japan-United States Friendship Act (22 U.S.C. 
     2906(b)) is amended to read as follows: ``Such investment may 
     be made only in interest-bearing obligations of the United 
     States, in obligations guaranteed as to both principal and 
     interest by the United States, in interest-bearing 
     obligations of Japan, or in obligations guaranteed as to both 
     principal and interest by Japan.''.
       (b) Redesignation of Commission.--
       (1) Redesignation.--Effective on the date of enactment of 
     this Act, the Japan-United States Friendship Commission shall 
     be redesignated as the ``United States-Japan Commission''. 
     Any reference in any provision of law, Executive order, 
     regulation, delegation of authority, or other document to the 
     Japan-United States Friendship Commission shall be considered 
     to be a reference to the United States-Japan Commission.
       (2) Conforming amendment.--The heading of section 4 of the 
     Japan-United States Friendship Act (22 U.S.C. 2903) is 
     amended to read as follows:


                  ``united states-japan commission''.

       (3) Conforming amendment.--The Japan-United States 
     Friendship Act is amended by striking ``Japan-United States 
     Friendship Commission'' each place such term appears and 
     inserting ``United States-Japan Commission''.
       (c) Redesignation of Trust Fund.--
       (1) Redesignation.--Effective on the date of enactment of 
     this Act, the Japan-United States Friendship Trust Fund shall 
     be redesignated as the ``United States-Japan Trust Fund''. 
     Any reference in any provision of law, Executive order, 
     regulation, delegation of authority, or other document to the 
     Japan-United States Friendship Trust Fund shall be considered 
     to be a reference to the United States-Japan Trust Fund.
       (2) Conforming amendment.--Section 3(a) of the Japan-United 
     States Friendship Act (22 U.S.C. 2902(a)) is amended by 
     striking ``Japan-United States Friendship Trust Fund'' and 
     inserting ``United States-Japan Trust Fund''.

     SEC. 2417. SURROGATE BROADCASTING STUDY.

       Not later than 6 months after the date of enactment of this 
     Act, the Broadcasting Board of Governors, acting through the 
     International Broadcasting Bureau, should conduct and 
     complete a study of the appropriateness, feasibility, and 
     projected costs of providing surrogate broadcasting service 
     to Africa and transmit the results of the study to the 
     appropriate congressional committees.

     SEC. 2418. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

       (a) Radio Free Iran.--Not more than $4,000,000 of the funds 
     made available under section 2401(4) of this division for the 
     fiscal year 1998 for grants to RFE/RL, Incorporated, shall be 
     available only for surrogate radio broadcasting by RFE/RL, 
     Incorporated, to the Iranian people in the Farsi language, 
     such broadcasts to be designated as ``Radio Free Iran''.
       (b) Report to Congress.--Not later than 60 days after the 
     date of enactment of this Act, the Broadcasting Board of 
     Governors of the United States Information Agency shall 
     submit a detailed report to Congress describing the costs, 
     implementation, and plans for creation of the surrogate 
     broadcasting service described in subsection (a).
       (c) Availability of Funds.--None of the funds made 
     available under subsection (a) may be made available until 
     submission of the report required under subsection (b).

     SEC. 2419. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK 
                   PROGRAMS.

       The Director of the United States Information Agency is 
     authorized to administer summer travel and work programs 
     without regard to preplacement requirements.

[[Page S12384]]

     SEC. 2420. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING 
                   APPROPRIATIONS.

       Section 701(f) of the United States Information and 
     Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is 
     amended by striking paragraph (4).

     SEC. 2421. VOICE OF AMERICA BROADCASTS.

       (a) In General.--The Voice of America shall devote 
     programming each day to broadcasting information on the 
     individual States of the United States. The broadcasts shall 
     include--
       (1) information on the products, tourism, and cultural and 
     educational facilities of each State;
       (2) information on the potential for trade with each State; 
     and
       (3) discussions with State officials with respect to the 
     matters described in paragraphs (1) and (2).
       (b) Report.--Not later than July 1, 1998, the Broadcasting 
     Board of Governors of the United States Information Agency 
     shall submit a report to Congress detailing the actions that 
     have been taken to carry out subsection (a).
       (c) State Defined.--In this section, the term ``State'' 
     means any of the several States of the United States, the 
     District of Columbia, or any commonwealth or territory of the 
     United States.
    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

     SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES.

       There are authorized to be appropriated for ``International 
     Conferences and Contingencies'', $12,000,000 for the fiscal 
     year 1998 for the Department of State to carry out the 
     authorities, functions, duties, and responsibilities in the 
     conduct of the foreign affairs of the United States with 
     respect to international conferences and contingencies and to 
     carry out other authorities in law consistent with such 
     purposes.

     SEC. 2502. RESTRICTION RELATING TO UNITED STATES ACCESSION TO 
                   ANY NEW INTERNATIONAL CRIMINAL TRIBUNAL.

       (a) Prohibition.--The United States shall not become a 
     party to any new international criminal tribunal, nor give 
     legal effect to the jurisdiction of such a tribunal over any 
     matter described in subsection (b), except pursuant to--
       (1) a treaty made under Article II, section 2, clause 2 of 
     the Constitution of the United States on or after the date of 
     enactment of this Act; or
       (2) any statute enacted by Congress on or after the date of 
     enactment of this Act.
       (b) Jurisdiction Described.--The jurisdiction described in 
     this subsection is jurisdiction over--
       (1) persons found, property located, or acts or omissions 
     committed, within the territory of the United States; or
       (2) nationals of the United States, wherever found.
       (c) Statutory Construction.--Nothing in this section 
     precludes sharing information, expertise, or other forms of 
     assistance with such tribunal.
       (d) Definition.--The term ``new international criminal 
     tribunal'' means any permanent international criminal 
     tribunal established on or after the date of enactment of 
     this Act and does not include--
       (1) the International Tribunal for the Prosecution of 
     Persons Responsible for Serious Violations of International 
     Humanitarian Law in the Territory of the Former Yugoslavia, 
     as established by United Nations Security Council Resolution 
     827 of May 25, 1993; or
       (2) the International Tribunal for the Prosecution of 
     Persons Responsible for Genocide and Other Serious Violations 
     of International Humanitarian Law Committed in the Territory 
     of Rwanda and Rwandan Citizens Responsible for Genocide and 
     Other Such Violations Committed in the Territory of 
     Neighboring States, as established by United Nations Security 
     Council Resolution 955 of November 8, 1994.

     SEC. 2503. UNITED STATES MEMBERSHIP IN THE BUREAU OF THE 
                   INTERPARLIAMENTARY UNION.

       (a) Interparliamentary Union Limitation.--Unless the 
     Secretary of State certifies to Congress that the United 
     States will be assessed not more than $500,000 for its annual 
     contribution to the Bureau of the Interparliamentary Union 
     during fiscal year 1998, then effective October 1, 1998, the 
     authority for further participation by the United States in 
     the Bureau shall terminate in accordance with subsection (d).
       (b) Elimination of Authority To Pay Expenses of the 
     American Group.--Section 1 of the Act entitled ``An Act to 
     authorize participation by the United States in the 
     Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 
     276) is amended--
       (1) in the first sentence--
       (A) by striking ``fiscal year'' and all that follows 
     through ``(1) for'' and inserting ``fiscal year for'';
       (B) by striking ``; and''; and
       (C) by striking paragraph (2); and
       (2) by striking the second sentence.
       (c) Elimination of Permanent Appropriation.--Section 303 of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1988 (as 
     contained in section 101(a) of the Continuing Appropriations 
     Act, 1988 (Public Law 100-202; 22 U.S.C. 276 note)) is 
     amended--
       (1) by striking ``$440,000'' and inserting ``$350,000''; 
     and
       (2) by striking ``paragraph (2) of the first section of 
     Public Law 74-170,''.
       (d) Conditional Termination of Authority.--Unless Congress 
     receives the certification described in subsection (a) before 
     October 1, 1998, effective on that date the Act entitled ``An 
     Act to authorize participation by the United States in the 
     Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 
     276-276a-4) is repealed.
       (e) Transfer of Funds to the Treasury.--Unobligated 
     balances of appropriations made under section 303 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act 1988 (as contained in 
     section 101(a) of the Continuing Appropriations Act, 1988; 
     Public Law 100-202) that are available as of the day before 
     the date of enactment of this Act shall be transferred on 
     such date to the general fund of the Treasury of the United 
     States.

     SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS.

       (a) In General.--Section 3582(b) of title 5, United States 
     Code, is amended by striking all after the first sentence and 
     inserting the following: ``On reemployment, an employee 
     entitled to the benefits of subsection (a) is entitled to the 
     rate of basic pay to which the employee would have been 
     entitled had the employee remained in the civil service. On 
     reemployment, the agency shall restore the sick leave account 
     of the employee, by credit or charge, to its status at the 
     time of transfer. The period of separation caused by the 
     employment of the employee with the international 
     organization and the period necessary to effect reemployment 
     are deemed creditable service for all appropriate civil 
     service employment purposes. This subsection does not apply 
     to a congressional employee.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to transfers that take effect on or 
     after the date of enactment of this Act.

     SEC. 2505. REPORTS REGARDING FOREIGN TRAVEL.

       (a) Prohibition.--Except as provided in subsection (e), 
     none of the funds authorized to be appropriated by this 
     division may be used to pay for the expenses of foreign 
     travel by an officer or employee of an Executive branch 
     agency to attend an international conference, or for the 
     routine services that a United States diplomatic mission or 
     consular post provides in support of foreign travel by such 
     an officer or employee to attend an international conference, 
     unless that officer or employee has submitted a preliminary 
     report with respect to that foreign travel in accordance with 
     subsection (b), and has not previously failed to submit a 
     final report with respect to foreign travel to attend an 
     international conference required by subsection (c).
       (b) Preliminary Reports.--A preliminary report referred to 
     in subsection (a) is a report by an officer or employee of an 
     Executive branch agency with respect to proposed foreign 
     travel to attend an international conference, submitted to 
     the Director prior to commencement of the travel, setting 
     forth--
       (1) the name and employing agency of the officer or 
     employee;
       (2) the name of the official who authorized the travel; and
       (3) the purpose and duration of the travel.
       (c) Final Reports.--A final report referred to in 
     subsection (a) is a report by an officer or employee of an 
     Executive branch agency with respect to foreign travel to 
     attend an international conference, submitted to the Director 
     not later than 30 days after the conclusion of the travel--
       (1) setting forth the actual duration and cost of the 
     travel; and
       (2) updating any other information included in the 
     preliminary report.
       (d) Reports to Congress.--The Director shall submit a 
     report no later than October 1 and April 1 of each year to 
     the Committees on Foreign Relations and Appropriations of the 
     Senate and the Committees on International Relations and 
     Appropriations of the House of Representatives, setting forth 
     with respect to each international conference for which 
     reports described in subsection (c) were required to be 
     submitted to the Director during the preceding six months--
       (1) the names and employing agencies of all officers and 
     employees of Executive branch agencies who attended the 
     international conference;
       (2) the names of all officials who authorized travel to the 
     international conference, and the total number of officers 
     and employees who were authorized to travel to the conference 
     by each such official; and
       (3) the total cost of travel by officers and employees of 
     Executive branch agencies to the international conference.
       (e) Exceptions.--This section shall not apply to travel 
     by--
       (1) the President or the Vice President; or
       (2) any officer or employee who is carrying out an 
     intelligence or intelligence-related activity, who is 
     performing a protective function, or who is engaged in a 
     sensitive diplomatic mission.
       (f) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Office of International Conferences of the Department of 
     State.
       (2) Executive branch agency.--The terms ``Executive branch 
     agency'' and ``Executive branch agencies'' mean--
       (A) an entity or entities, other than the General 
     Accounting Office, defined in section 105 of title 5, United 
     States Code; and
       (B) the Executive Office of the President (except as 
     provided in subsection (e)).
       (3) International conference.--The term ``international 
     conference'' means any meeting held under the auspices of an 
     international organization or foreign government, at which 
     representatives of more than two foreign governments are 
     expected to be in attendance, and to which United States 
     Executive branch agencies will send a total of ten or more 
     representatives.
       (g) Report.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the President 
     shall submit to the appropriate congressional committees a 
     report describing--
       (1) the total Federal expenditure of all official 
     international travel in each Executive branch agency during 
     the previous fiscal year; and

[[Page S12385]]

       (2) the total number of individuals in each agency who 
     engaged in such travel.
     TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

     SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     purposes of the Arms Control and Disarmament Act $41,500,000 
     for the fiscal year 1998.

     SEC. 2602. STATUTORY CONSTRUCTION.

       Section 303 of the Arms Control and Disarmament Act (22 
     U.S.C. 2573), as redesignated by section 1223 of this 
     division, is amended by adding at the end the following new 
     subsection:
       ``(c) Statutory Construction.--Nothing contained in this 
     chapter shall be construed to authorize any policy or action 
     by any Government agency which would interfere with, 
     restrict, or prohibit the acquisition, possession, or use of 
     firearms by an individual for the lawful purpose of personal 
     defense, sport, recreation, education, or training.''.
               TITLE XXVII--EUROPEAN SECURITY ACT OF 1997

     SEC. 2701. SHORT TITLE.

       This title may be cited as the ``European Security Act of 
     1997''.

     SEC. 2702. STATEMENT OF POLICY.

       (a) Policy With Respect to NATO Enlargement.--Congress 
     urges the President to outline a clear and complete strategic 
     rationale for the enlargement of the North Atlantic Treaty 
     Organization (NATO), and declares that--
       (1) Poland, Hungary, and the Czech Republic should not be 
     the last emerging democracies in Central and Eastern Europe 
     invited to join NATO;
       (2) the United States should ensure that NATO continues a 
     process whereby all other emerging democracies in Central and 
     Eastern Europe that wish to join NATO will be considered for 
     membership in NATO as soon as they meet the criteria for such 
     membership;
       (3) the United States should ensure that no limitations are 
     placed on the numbers of NATO troops or types of equipment, 
     including tactical nuclear weapons, to be deployed on the 
     territory of new member states;
       (4) the United States should reject all efforts to 
     condition NATO decisions on review or approval by the United 
     Nations Security Council;
       (5) the United States should clearly delineate those NATO 
     deliberations, including but not limited to discussions on 
     arms control, further Alliance enlargement, procurement 
     matters, and strategic doctrine, that are not subject to 
     review or discussion in the NATO-Russia Permanent Joint 
     Council;
       (6) the United States should work to ensure that countries 
     invited to join the Alliance are provided an immediate seat 
     in NATO discussions; and
       (7) the United States already pays more than a 
     proportionate share of the costs of the common defense of 
     Europe and should obtain, in advance, agreement on an 
     equitable distribution of the cost of NATO enlargement to 
     ensure that the United States does not continue to bear a 
     disproportionate burden.
       (b) Policy With Respect to Negotiations With Russia.--
       (1) Implementation.--NATO enlargement should be carried out 
     in such a manner as to underscore the Alliance's defensive 
     nature and demonstrate to Russia that NATO enlargement will 
     enhance the security of all countries in Europe, including 
     Russia. Accordingly, the United States and its NATO allies 
     should make this intention clear in negotiations with Russia, 
     including negotiations regarding adaptation of the 
     Conventional Armed Forces in Europe (CFE) Treaty of November 
     19, 1990.
       (2) Limitations on commitments to russia.--In seeking to 
     demonstrate to Russia NATO's defensive and security-enhancing 
     intentions, it is essential that neither fundamental United 
     States security interests in Europe nor the effectiveness and 
     flexibility of NATO as a defensive alliance be jeopardized. 
     In particular, no commitments should be made to Russia that 
     would have the effect of--
       (A) extending rights or imposing responsibilities on new 
     NATO members different from those applicable to current NATO 
     members, including rights or responsibilities with respect to 
     the deployment of nuclear weapons and the stationing of 
     troops and equipment from other NATO members;
       (B) limiting the ability of NATO to defend the territory of 
     new NATO members by, for example, restricting the 
     construction of defense infrastructure or limiting the 
     ability of NATO to deploy necessary reinforcements;
       (C) providing any international organization, or any 
     country that is not a member of NATO, with authority to 
     delay, veto, or otherwise impede deliberations and decisions 
     of the North Atlantic Council or the implementation of such 
     decisions, including deliberations and decisions with respect 
     to the deployment of NATO forces or the admission of 
     additional members to NATO;
       (D) impeding the development of enhanced relations between 
     NATO and other European countries that do not belong to the 
     Alliance;
       (E) establishing a nuclear weapons-free zone in Central or 
     Eastern Europe;
       (F) requiring NATO to subsidize Russian arms sales, 
     service, or support to the militaries of those former Warsaw 
     Pact countries invited to join the Alliance; or
       (G) legitimizing Russian efforts to link concessions in 
     arms control negotiations to NATO enlargement.
       (3) Commitments from russia.--In order to enhance security 
     and stability in Europe, the United States should seek 
     commitments from Russia--
       (A) to demarcate and respect all its borders with 
     neighboring states;
       (B) to achieve the immediate and complete withdrawal of any 
     armed forces and military equipment under the control of 
     Russia that are deployed on the territories of the 
     independent states of the former Soviet Union without the 
     full and complete agreement of those states;
       (C) to station its armed forces on the territory of other 
     states only with the full and complete agreement of that 
     state and in strict accordance with international law; and
       (D) to take steps to reduce further its nuclear and 
     conventional forces in Kaliningrad.
       (4) Consultations.--As negotiations on adaptation of the 
     Treaty on Conventional Armed Forces in Europe proceed, the 
     United States should engage in close and continuous 
     consultations not only with its NATO allies, but also with 
     the emerging democracies of Central and Eastern Europe, 
     Ukraine, and the South Caucasus.
       (c) Policy With Respect to Ballistic Missile Defense 
     Cooperation.--
       (1) In general.--As the United States proceeds with efforts 
     to develop defenses against ballistic missile attack, it 
     should seek to foster a climate of cooperation with Russia on 
     matters related to missile defense. In particular, the United 
     States and its NATO allies should seek to cooperate with 
     Russia in such areas as early warning.
       (2) Discussions with nato allies.--The United States should 
     initiate discussions with its NATO allies for the purpose of 
     examining the feasibility of deploying a ballistic missile 
     defense capable of protecting NATO's southern and eastern 
     flanks from a limited ballistic missile attack.
       (3) Constitutional prerogatives.--Even as the Congress 
     seeks to promote ballistic missile defense cooperation with 
     Russia, it must insist on its constitutional prerogatives 
     regarding consideration of arms control agreements with 
     Russia that bear on ballistic missile defense.

     SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.

       (a) Policy of Section.--This section is enacted in order to 
     implement the policy set forth in section 2702(a).
       (b) Designation of Additional Countries Eligible for NATO 
     Enlargement Assistance.--
       (1) Designation of additional countries.--Romania, Estonia, 
     Latvia, Lithuania, and Bulgaria are each designated as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994 
     (22 U.S.C. 1928 note) and shall be deemed to have been so 
     designated pursuant to section 203(d)(1) of such Act.
       (2) Rule of construction.--The designation of countries 
     pursuant to paragraph (1) as eligible to receive assistance 
     under the program established under section 203(a) of the 
     NATO Participation Act of 1994--
       (A) is in addition to the designation of other countries by 
     law or pursuant to section 203(d)(2) of such Act as eligible 
     to receive assistance under the program established under 
     section 203(a) of such Act; and
       (B) shall not preclude the designation by the President of 
     other emerging democracies in Central and Eastern Europe 
     pursuant to section 203(d)(2) of such Act as eligible to 
     receive assistance under the program established under 
     section 203(a) of such Act.
       (3) Sense of congress.--It is the sense of Congress that 
     Romania, Estonia, Latvia, Lithuania, and Bulgaria--
       (A) are to be commended for their progress toward political 
     and economic reform and meeting the guidelines for 
     prospective NATO members;
       (B) would make an outstanding contribution to furthering 
     the goals of NATO and enhancing stability, freedom, and peace 
     in Europe should they become NATO members; and
       (C) upon complete satisfaction of all relevant criteria 
     should be invited to become full NATO members at the earliest 
     possible date.
       (c) Regional Airspace Initiative and Partnership for Peace 
     Information Management System.--
       (1) In general.--Funds described in paragraph (2) are 
     authorized to be made available to support the implementation 
     of the Regional Airspace Initiative and the Partnership for 
     Peace Information Management System, including--
       (A) the procurement of items in support of these programs; 
     and
       (B) the transfer of such items to countries participating 
     in these programs.
       (2) Funds described.--Funds described in this paragraph are 
     funds that are available--
       (A) during any fiscal year under the NATO Participation Act 
     of 1994 with respect to countries eligible for assistance 
     under that Act; or
       (B) during fiscal year 1998 under any Act to carry out the 
     Warsaw Initiative.
       (d) Extension of Authority Regarding Excess Defense 
     Articles.--Section 105 of Public Law 104-164 (110 Stat. 1427) 
     is amended by striking ``1996 and 1997'' and inserting 
     ``1997, 1998, and 1999''.
       (e) Conforming Amendments to the NATO Participation Act of 
     1994.--Section 203(c) of the NATO Participation Act of 1994 
     (22 U.S.C. 1928 note) is amended--
       (1) in paragraph (1), by striking ``, without regard to the 
     restrictions'' and all that follows through ``section)'';
       (2) by striking paragraph (2);
       (3) in paragraph (6), by striking ``appropriated under the 
     `Nonproliferation and Disarmament Fund' account'' and 
     inserting ``made available for the `Nonproliferation and 
     Disarmament Fund' ''; and
       (4) in paragraph (8)--
       (A) by striking ``any restrictions in sections 516 and 
     519'' and inserting ``section 516(e)'';
       (B) by striking ``as amended,''; and
       (C) by striking ``paragraphs (1) and (2)'' and inserting 
     ``paragraph (1)''; and

[[Page S12386]]

       (5) by redesignating paragraphs (3) through (8) as 
     paragraphs (2) through (7), respectively.

     SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON 
                   CONVENTIONAL ARMED FORCES IN EUROPE.

       It is the sense of Congress that no revisions to the Treaty 
     on Conventional Armed Forces in Europe will be approved for 
     entry into force with respect to the United States that 
     jeopardize fundamental United States security interests in 
     Europe or the effectiveness and flexibility of NATO as a 
     defensive alliance by--
       (1) extending rights or imposing responsibilities on new 
     NATO members different from those applicable to current NATO 
     members, including rights or responsibilities with respect to 
     the deployment of nuclear weapons and the stationing of 
     troops and equipment from other NATO members;
       (2) limiting the ability of NATO to defend the territory of 
     new NATO members by, for example, restricting the 
     construction of defense infrastructure or limiting the 
     ability of NATO to deploy necessary reinforcements;
       (3) providing any international organization, or any 
     country that is not a member of NATO, with the authority to 
     delay, veto, or otherwise impede deliberations and decisions 
     of the North Atlantic Council or the implementation of such 
     decisions, including deliberations and decisions with respect 
     to the deployment of NATO forces or the admission of 
     additional members to NATO; or
       (4) impeding the development of enhanced relations between 
     NATO and other European countries that do not belong to the 
     Alliance.

     SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO 
                   BALLISTIC MISSILE DEFENSE.

       (a) Policy of Section.--This section is enacted in order to 
     implement the policy set forth in section 2702(c).
       (b) Restriction on Entry Into Force of ABM/TMD Demarcation 
     Agreements.--An ABM/TMD demarcation agreement shall not be 
     binding on the United States, and shall not enter into force 
     with respect to the United States, unless, after the date of 
     enactment of this Act, that agreement is specifically 
     approved with the advice and consent of the United States 
     Senate pursuant to Article II, section 2, clause 2 of the 
     Constitution.
       (c) Sense of Congress With Respect to Demarcation 
     Agreements.--
       (1) Relationship to multilateralization of abm treaty.--It 
     is the sense of Congress that no ABM/TMD demarcation 
     agreement will be considered for advice and consent to 
     ratification unless, consistent with the certification of the 
     President pursuant to condition (9) of the resolution of 
     ratification of the CFE Flank Document, the President submits 
     for Senate advice and consent to ratification any agreement, 
     arrangement, or understanding that would--
       (A) add one or more countries as State Parties to the ABM 
     Treaty, or otherwise convert the ABM Treaty from a bilateral 
     treaty to a multilateral treaty; or
       (B) change the geographic scope or coverage of the ABM 
     Treaty, or otherwise modify the meaning of the term 
     ``national territory'' as used in Article VI and Article IX 
     of the ABM Treaty.
       (2) Preservation of united states theater ballistic missile 
     defense potential.--It is the sense of Congress that no ABM/
     TMD demarcation agreement that would reduce the capabilities 
     of United States theater missile defense systems, or the 
     numbers or deployment patterns of such systems, will be 
     approved for entry into force with respect to the United 
     States.
       (d) Report on Cooperative Projects With Russia.--Not later 
     than January 1, 1998, January 1, 1999, and January 1, 2000, 
     the President shall submit to the Committees on International 
     Relations, National Security, and Appropriations of the House 
     of Representatives and the Committees on Foreign Relations, 
     Armed Services, and Appropriations of the Senate a report on 
     cooperative projects with Russia in the area of ballistic 
     missile defense, including in the area of early warning. Each 
     such report shall include the following:
       (1) Cooperative projects.--A description of all cooperative 
     projects conducted in the area of early warning and ballistic 
     missile defense during the preceding fiscal year and the 
     fiscal year during which the report is submitted.
       (2) Funding.--A description of the funding for such 
     projects during the preceding fiscal year and the year during 
     which the report is submitted and the proposed funding for 
     such projects for the next fiscal year.
       (3) Status of dialogue or discussions.--A description of 
     the status of any dialogue or discussions conducted during 
     the preceding fiscal year between the United States and 
     Russia aimed at exploring the potential for mutual 
     accommodation of outstanding issues between the two nations 
     on matters relating to ballistic missile defense and the ABM 
     Treaty, including the possibility of developing a strategic 
     relationship not based on mutual nuclear threats.
       (e) Definitions.--In this section:
       (1) ABM/TMD demarcation agreement.--The term ``ABM/TMD 
     demarcation agreement'' means any agreement that establishes 
     a demarcation between theater ballistic missile defense 
     systems and strategic antiballistic missile defense systems 
     for purposes of the ABM Treaty.
       (2) ABM treaty.--The term ``ABM Treaty'' means the Treaty 
     Between the United States of American and the Union of Soviet 
     Socialist Republics on the Limitation of Anti-Ballistic 
     Missile Systems, signed at Moscow on May 26, 1972 (23 UST 
     3435), and includes the Protocols to that Treaty, signed at 
     Moscow on July 3, 1974 (27 UST 1645).
                 TITLE XXVIII--MISCELLANEOUS PROVISIONS

     SEC. 2801. REPORT ON RELATIONS WITH VIETNAM.

       In order to provide Congress with the necessary information 
     by which to evaluate the relationship between the United 
     States and Vietnam, the Secretary of State shall submit a 
     report to the appropriate congressional committees, not later 
     than 90 days after the date of enactment of this Act and 
     every 180 days thereafter during the period ending September 
     30, 1999, on the extent to which--
       (1) the Government of the Socialist Republic of Vietnam is 
     cooperating with the United States in providing the fullest 
     possible accounting of all unresolved cases of prisoners of 
     war (POWs) or persons missing-in-action (MIAs) through the 
     provision of records and the unilateral and joint recovery 
     and repatriation of American remains;
       (2) the Government of the Socialist Republic of Vietnam has 
     made progress toward the release of all political and 
     religious prisoners, including Catholic, Protestant, and 
     Buddhist clergy;
       (3) the Government of the Socialist Republic of Vietnam is 
     cooperating with requests by the United States to obtain full 
     and free access to persons of humanitarian interest to the 
     United States for interviews under the Orderly Departure 
     (ODP) and Resettlement Opportunities for Vietnamese Refugees 
     (ROVR) programs, and in providing exit visas for such 
     persons;
       (4) the Government of the Socialist Republic of Vietnam has 
     taken vigorous action to end extortion, bribery, and other 
     corrupt practices in connection with such exit visas; and
       (5) the Government of the United States is making vigorous 
     efforts to interview and resettle former reeducation camp 
     victims, their immediate families including unmarried sons 
     and daughters, former United States Government employees, and 
     other persons eligible for the ODP program, and to give such 
     persons the full benefit of all applicable United States laws 
     including sections 599D and 599E of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act of 
     1990 (Public Law 101-167).

     SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE 
                   LIBERTAD ACT.

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act and every 3 months 
     thereafter during the period ending September 30, 1999, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report on the implementation of 
     section 401 of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each report shall 
     include--
       (1) an unclassified list, by economic sector, of the number 
     of entities then under review pursuant to that section;
       (2) an unclassified list of all entities and a classified 
     list of all individuals that the Secretary of State has 
     determined to be subject to that section;
       (3) an unclassified list of all entities and a classified 
     list of all individuals that the Secretary of State has 
     determined are no longer subject to that section;
       (4) an explanation of the status of the review underway for 
     the cases referred to in paragraph (1); and
       (5) an unclassified explanation of each determination of 
     the Secretary of State under section 401(a) of that Act and 
     each finding of the Secretary under section 401(c) of that 
     Act--
       (A) since the date of the enactment of this Act, in the 
     case of the first report under this subsection; and
       (B) in the preceding 3-month period, in the case of each 
     subsequent report.
       (b) Protection of Identity of Concerned Entities.--In 
     preparing the report under subsection (a), the names of 
     entities shall not be identified under paragraph (1) or (4).
                  SUBDIVISION 3--UNITED NATIONS REFORM
                     TITLE XXX--GENERAL PROVISIONS

     SEC. 3001. SHORT TITLE.

       This subdivision may be cited as the ``United Nations 
     Reform Act of 1997''.

     SEC. 3002. DEFINITIONS.

       In this subdivision:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives.
       (2) Designated specialized agency defined.--The term 
     ``designated specialized agency'' means the International 
     Labor Organization, the World Health Organization, and the 
     Food and Agriculture Organization.
       (3) General assembly.--The term ``General Assembly'' means 
     the General Assembly of the United Nations.
       (4) Secretary general.--The term ``Secretary General'' 
     means the Secretary General of the United Nations.
       (5) Security council.--The term ``Security Council'' means 
     the Security Council of the United Nations.
       (6) United nations member.--The term ``United Nations 
     member'' means any country that is a member of the United 
     Nations.
       (7) United nations peacekeeping operation.--The term 
     ``United Nations peacekeeping operation'' means any United 
     Nations-led operation to maintain or restore international 
     peace or security that--
       (A) is authorized by the Security Council; and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping 
     activities.

     SEC. 3003. NONDELEGATION OF CERTIFICATION REQUIREMENTS.

       The Secretary of State may not delegate the authority in 
     this subdivision to make any certification.

[[Page S12387]]

              TITLE XXXI--AUTHORIZATION OF APPROPRIATIONS

     SEC. 3101. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated under the heading ``Contributions to 
     International Organizations'' $938,000,000 for the fiscal 
     year 1998 and $900,000,000 for the fiscal year 1999 for the 
     Department of State to carry out the authorities, functions, 
     duties, and responsibilities in the conduct of the foreign 
     affairs of the United States with respect to international 
     organizations and to carry out other authorities in law 
     consistent with such purposes.
       (b) No Growth Budget.--
       (1) Fiscal year 1998.--Of the funds made available for 
     fiscal year 1998 under subsection (a), $80,000,000 may be 
     made available only after the Secretary of State certifies 
     that the United Nations has taken no action during calendar 
     year 1997 to increase funding for any United Nations program 
     without identifying an offsetting decrease elsewhere in the 
     United Nations budget and cause the United Nations to exceed 
     its no growth budget of $2,603,290,900 for the biennieum 
     1996-97 adopted in December 1996.
       (2) Fiscal year 1999.--Of the funds made available for 
     fiscal year 1999 under subsection (a), $80,000,000 may be 
     made available only after the Secretary of State certifies 
     that the United Nations has taken no action during calendar 
     year 1998 to increase funding for any United Nations program 
     without identifying an offsetting decrease elsewhere in the 
     United Nations budget of $2,533,000,000 and cause the United 
     Nations to exceed that budget.
       (c) Inspector General of the United Nations.--
       (1) Withholding of funds.--Twenty percent of the funds made 
     available in each fiscal year under subsection (a) for the 
     assessed contribution of the United States to the United 
     Nations shall be withheld from obligation and expenditure 
     until a certification is made under paragraph (2).
       (2) Certification.--A certification under this paragraph is 
     a certification by the Secretary of State in the fiscal year 
     concerned that the following conditions are satisfied:
       (A) Action by the united nations.--The United Nations--
       (i) has met the requirements of paragraphs (1) through (6) 
     of section 401(b) of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 287e note), as amended 
     by paragraph (3);
       (ii) has established procedures that require the Under 
     Secretary General of the Office of Internal Oversight Service 
     to report directly to the Secretary General on the adequacy 
     of the Office's resources to enable the Office to fulfill its 
     mandate; and
       (iii) has made available an adequate amount of funds to the 
     Office for carrying out its functions.
       (B) Authority of oios.--The Office of Internal Oversight 
     Services has authority to audit, inspect, or investigate each 
     program, project, or activity funded by the United Nations, 
     and each executive board created under the United Nations has 
     been notified, in writing, of that authority.
       (3) Amendment of the foreign relations authorization act, 
     fiscal years 1994 and 1995.--Section 401(b) of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 is 
     amended--
       (A) by amending paragraph (6) to read as follows:
       ``(6) the United Nations has procedures in place to ensure 
     that all reports submitted by the Office of Internal 
     Oversight Service are made available to the member states of 
     the United Nations without modification except to the extent 
     necessary to protect the privacy rights of individuals.''; 
     and
       (B) by striking ``Inspector General'' each place it appears 
     and inserting ``Office of Internal Oversight Service''.
       (d) Prohibition on Certain Global Conferences.--None of the 
     funds made available under subsection (a) shall be available 
     for any United States contribution to pay for any expenses 
     related to the holding of a United Nations Global Conference.
       (e) Reduction in Number of Posts.--
       (1) Fiscal year 1998.--Of the funds authorized to be 
     appropriated for fiscal year 1998 for the United Nations by 
     subsection (a), $50,000,000 shall be withheld from obligation 
     and expenditure until the Secretary of State certifies to 
     Congress that the number of posts authorized under the 1998-
     99 regular budget of the United Nations, and authorized by 
     the General Assembly, has resulted in a net reduction of at 
     least 1,000 posts from the 10,012 posts authorized under the 
     1996-97 United Nations biennium budget, as a result of a 
     suppression of that number of posts.
       (2) Fiscal year 1999.--Not later than October 1, 1998, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees specifying--
       (A) the budget savings associated with the reduction of the 
     1,000 posts specified in paragraph (1), including any 
     reduction in the United States assessed contribution for the 
     United Nations regular budget resulting from those savings;
       (B) the vacancy rates for United Nations professional and 
     general service staff contained in the United Nations 
     biennium budget for 1998-99, including any reduction in the 
     United States assessed contribution for the United Nations 
     regular budget resulting from those vacancy rates; and
       (C) the goals of the United States for further staff 
     reductions and associated budget savings for the 1998-99 
     United Nations biennium budget.
       (f) Prohibition on Funding Other Framework Treaty-Based 
     Organizations.--None of the funds made available for the 
     1998-1999 biennium budget under subsection (a) for United 
     States contributions to the regular budget of the United 
     Nations shall be available for the United States 
     proportionate share of any other framework treaty-based 
     organization, including the Framework Convention on Global 
     Climate Change, the International Seabed Authority, and the 
     1998 Desertification Convention.
       (g) Limitations for Fiscal Years 1999 and 2000.--
       (1) In general.--The total amount of funds made available 
     for all United States memberships in international 
     organizations under the heading ``Contributions to 
     International Organizations'' may not exceed $900,000,000 for 
     each of fiscal years 1999 and 2000.
       (2) Consultations with congress.--The Secretary of State 
     shall regularly consult with the appropriate congressional 
     committees regarding the impact, if any, of the limitation in 
     paragraph (1) on the maintenance of United States membership 
     in such international organizations.
       (h) Foreign Currency Exchange Rates.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated by subsection (a), 
     there are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 1998 and 1999 to offset 
     adverse fluctuations in foreign currency exchange rates.
       (2) Availability of funds.--Amounts appropriated under this 
     subsection shall be available for obligation and expenditure 
     only to the extent that the Director of the Office of 
     Management and Budget determines and certifies to Congress 
     that such amounts are necessary due to such fluctuations.
       (i) Refund of Excess Contributions.--The United States 
     shall continue to insist that the United Nations and its 
     specialized and affiliated agencies shall credit or refund to 
     each member of the agency concerned its proportionate share 
     of the amount by which the total contributions to the agency 
     exceed the expenditures of the regular assessed budgets of 
     these agencies.

     SEC. 3102. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 
                   ACTIVITIES.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated under the heading ``Contributions for 
     International Peacekeeping Activities'' $220,000,000 for the 
     fiscal year 1998 and $220,000,000 for the fiscal year 1999 
     for the Department of State to carry out the authorities, 
     functions, duties, and responsibilities in the conduct of the 
     foreign affairs of the United States with respect to 
     international peacekeeping activities and to carry out other 
     authorities in law consistent with such purposes.
       (b) Codification of Required Notice of Proposed United 
     Nations Peacekeeping Operations.--
       (1) Codification.--Section 4 of the United Nations 
     Participation Act of 1945 (22 U.S.C. 287b) is amended--
       (A) in subsection (a), by striking the second sentence; and
       (B) by striking subsection (e) and inserting the following:
       ``(e) Consultations and Reports on United Nations 
     Peacekeeping Operations.--
       ``(1) Consultations.--Each month the President shall 
     consult with Congress on the status of United Nations 
     peacekeeping operations.
       ``(2) Information to be provided.--In connection with such 
     consultations, the following information shall be provided 
     each month to the designated congressional committees:
       ``(A) With respect to ongoing United Nations peacekeeping 
     operations, the following:
       ``(i) A list of all resolutions of the United Nations 
     Security Council anticipated to be voted on during such month 
     that would extend or change the mandate of any United Nations 
     peacekeeping operation.
       ``(ii) For each such operation, any changes in the 
     duration, mandate, and command and control arrangements that 
     are anticipated as a result of the adoption of the 
     resolution.
       ``(iii) An estimate of the total cost to the United Nations 
     of each such operation for the period covered by the 
     resolution, and an estimate of the amount of that cost that 
     will be assessed to the United States.
       ``(iv) Any anticipated significant changes in United States 
     participation in or support for each such operation during 
     the period covered by the resolution (including the provision 
     of facilities, training, transportation, communication, and 
     logistical support, but not including intelligence activities 
     reportable under title V of the National Security Act of 1947 
     (50 U.S.C. 413 et seq.)), and the estimated costs to the 
     United States of such changes.
       ``(B) With respect to each new United Nations peacekeeping 
     operation that is anticipated to be authorized by a Security 
     Council resolution during such month, the following 
     information for the period covered by the resolution:
       ``(i) The anticipated duration, mandate, the command and 
     control arrangements of such operation, the planned exit 
     strategy, and the vital national interest to be served.
       ``(ii) An estimate of the total cost to the United Nations 
     of the operation, and an estimate of the amount of that cost 
     that will be assessed to the United States.
       ``(iii) A description of the functions that would be 
     performed by any United States Armed Forces participating in 
     or otherwise operating in support of the operation, an 
     estimate of the number of members of the Armed Forces that 
     will participate in or otherwise operate in support of the 
     operation, and an estimate of the cost to the United States 
     of such participation or support.
       ``(iv) A description of any other United States assistance 
     to or support for the operation (including the provision of 
     facilities, training, transportation, communication, and 
     logistical support, but not including intelligence activities

[[Page S12388]]

     reportable under title V of the National Security Act of 1947 
     (50 U.S.C. 413 et seq.)) and an estimate of the cost to the 
     United States of such assistance or support.
       ``(v) A reprogramming of funds pursuant to section 34 of 
     the State Department Basic Authorities Act of 1956, submitted 
     in accordance with the procedures set forth in such section, 
     describing the source of funds that will be used to pay for 
     the cost of the new United Nations peacekeeping operation, 
     provided that such notification shall also be submitted to 
     the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate.
       ``(3) Form and timing of information.--
       ``(A) Form.--The President shall submit information under 
     clauses (i) and (iii) of paragraph (2)(A) in writing.
       ``(B) Timing.--
       ``(i) Ongoing operations.--The information required under 
     paragraph (2)(A) for a month shall be submitted not later 
     than the 10th day of the month.
       ``(ii) New operations.--The information required under 
     paragraph (2)(B) shall be submitted in writing with respect 
     to each new United Nations peacekeeping operation not less 
     than 15 days before the anticipated date of the vote on the 
     resolution concerned unless the President determines that 
     exceptional circumstances prevent compliance with the 
     requirement to report 15 days in advance. If the President 
     makes such a determination, the information required under 
     paragraph (2)(B) shall be submitted as far in advance of the 
     vote as is practicable.
       ``(4) New united nations peacekeeping operation defined.--
     As used in paragraph (2), the term `new United Nations 
     peacekeeping operation' includes any existing or otherwise 
     ongoing United Nations peacekeeping operation--
       ``(A) where the authorized force strength is to be 
     expanded;
       ``(B) that is to be authorized to operate in a country in 
     which it was not previously authorized to operate; or
       ``(C) the mandate of which is to be changed so that the 
     operation would be engaged in significant additional or 
     significantly different functions.
       ``(5) Notification and quarterly reports regarding united 
     states assistance.--
       ``(A) Notification of certain assistance.--
       ``(i) In general.--The President shall notify the 
     designated congressional committees at least 15 days before 
     the United States provides any assistance to the United 
     Nations to support peacekeeping operations.
       ``(ii) Exception.--This subparagraph does not apply to--

       ``(I) assistance having a value of less than $3,000,000 in 
     the case of nonreimbursable assistance or less than 
     $14,000,000 in the case of reimbursable assistance; or
       ``(II) assistance provided under the emergency drawdown 
     authority of sections 506(a)(1) and 552(c)(2) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2318(a)(1) and 
     2348a(c)(2)).

       ``(B) Quarterly reports.--
       ``(i) In general.--The President shall submit quarterly 
     reports to the designated congressional committees on all 
     assistance provided by the United States during the preceding 
     calendar quarter to the United Nations to support 
     peacekeeping operations.
       ``(ii) Matters included.--Each report under this 
     subparagraph shall describe the assistance provided for each 
     such operation, listed by category of assistance.
       ``(iii) Fourth quarter report.--The report under this 
     subparagraph for the fourth calendar quarter of each year 
     shall be submitted as part of the annual report required by 
     subsection (d) and shall include cumulative information for 
     the preceding calendar year.
       ``(f) Designated Congressional Committees.--In this 
     section, the term `designated congressional committees' means 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives.''.
       (2) Conforming repeal.--Subsection (a) of section 407 of 
     the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995 (Public Law 103-236; 22 U.S.C. 287b note; 108 Stat. 
     448) is repealed.
       (c) Relationship to Other Notice Requirements.--Section 4 
     of the United Nations Participation Act of 1945, as amended 
     by subsection (b), is further amended by adding at the end 
     the following:
       ``(g) Relationship to Other Notification Requirements.--
     Nothing in this section is intended to alter or supersede any 
     notification requirement with respect to peacekeeping 
     operations that is established under any other provision of 
     law.''.
                 TITLE XXXII--UNITED NATIONS ACTIVITIES

     SEC. 3201. UNITED NATIONS POLICY ON ISRAEL AND THE 
                   PALESTINIANS.

       (a) Congressional Statement.--It shall be the policy of the 
     United States to promote an end to the persistent inequity 
     experienced by Israel in the United Nations whereby Israel is 
     the only longstanding member of the organization to be denied 
     acceptance into any of the United Nation's regional blocs.
       (b) Policy on Abolition of Certain United Nations Groups.--
     It shall be the policy of the United States to seek abolition 
     of certain United Nations groups the existence of which is 
     inimical to the ongoing Middle East peace process, those 
     groups being the Special Committee to Investigate Israeli 
     Practices Affecting the Human Rights of the Palestinian 
     People and other Arabs of the Occupied Territories; the 
     Committee on the Exercise of the Inalienable Rights of the 
     Palestinian People; the Division for the Palestinian Rights; 
     and the Division on Public Information on the Question of 
     Palestine.
       (c) Annual Reports.--On January 15 of each year, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees (in classified or unclassified form 
     as appropriate) on--
       (1) actions taken by representatives of the United States 
     to encourage the nations of the Western Europe and Others 
     Group (WEOG) to accept Israel into their regional bloc;
       (2) other measures being undertaken, and which will be 
     undertaken, to ensure and promote Israel's full and equal 
     participation in the United Nations; and
       (3) steps taken by the United States to secure abolition by 
     the United Nations of groups under subsection (b).
       (d) Annual Consultation.--At the time of the submission of 
     each annual report under subsection (c), the Secretary of 
     State shall consult with the appropriate congressional 
     committees on specific responses received by the Secretary of 
     State from each of the nations of the Western Europe and 
     Others Group (WEOG) on their position concerning Israel's 
     acceptance into their organization.

     SEC. 3202. DATA ON COSTS INCURRED IN SUPPORT OF UNITED 
                   NATIONS PEACEKEEPING OPERATIONS.

       Chapter 6 of part II of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2348 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF UNITED 
                   NATIONS PEACEKEEPING OPERATIONS.

       ``(a) United States Costs.--The United States shall 
     annually provide to the Secretary General of the United 
     Nations data regarding all costs incurred by the United 
     States in support of all United Nations peacekeeping 
     operations.
       ``(b) United Nations Member Costs.--The United States shall 
     request that the United Nations compile and publish 
     information concerning costs incurred by United Nations 
     members in support of such operations.''.

     SEC. 3203. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY 
                   THE UNITED STATES TO THE UNITED NATIONS.

       The United Nations Participation Act of 1945 (22 U.S.C. 287 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY 
                   THE UNITED STATES TO THE UNITED NATIONS.

       ``(a) Requirement To Obtain Reimbursement.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     President shall seek and obtain in a timely fashion a 
     commitment from the United Nations to provide reimbursement 
     to the United States from the United Nations whenever the 
     United States Government furnishes assistance pursuant to the 
     provisions of law described in subsection (c)--
       ``(A) to the United Nations when the assistance is designed 
     to facilitate or assist in carrying out an assessed 
     peacekeeping operation;
       ``(B) for any United Nations peacekeeping operation that is 
     authorized by the United Nations Security Council under 
     Chapter VI or Chapter VII of the United Nations Charter and 
     paid for by peacekeeping or regular budget assessment of the 
     United Nations members; or
       ``(C) to any country participating in any operation 
     authorized by the United Nations Security Council under 
     Chapter VI or Chapter VII of the United Nations Charter and 
     paid for by peacekeeping assessments of United Nations 
     members when the assistance is designed to facilitate or 
     assist the participation of that country in the operation.
       ``(2) Exceptions.--(A) The requirement in paragraph (1) 
     shall not apply to--
       ``(i) goods and services provided to the United States 
     Armed Forces;
       ``(ii) assistance having a value of less than $3,000,000 
     per fiscal year per operation;
       ``(iii) assistance furnished before the date of enactment 
     of this section;
       ``(iv) salaries and expenses of civilian police and other 
     civilian and military monitors where United Nations policy is 
     to require payment by contributing members for similar 
     assistance to United Nations peacekeeping operations; or
       ``(v) any assistance commitment made before the date of 
     enactment of this Act if such commitment will not extend 
     beyond January 1, 1998.
       ``(B) The requirements of subsection (d)(1)(B) shall not 
     apply to the deployment of United States military forces when 
     the President determines that such deployment is important to 
     the security interests of the United States. The cost of such 
     deployment shall be included in the data provided under 
     section 554 of the Foreign Assistance Act of 1961.
       ``(3) Form and amount.--
       ``(A) Amount.--The amount of any reimbursement under this 
     subsection shall be determined at the usual rate established 
     by the United Nations.
       ``(B) Form.--Reimbursement under this subsection may 
     include credits against the United States assessed 
     contributions for United States peacekeeping operations, if 
     the expenses incurred by any United States department or 
     agency providing the assistance have first been reimbursed.
       ``(b) Treatment of Reimbursements.--
       ``(1) Credit.--The amount of any reimbursement paid the 
     United States under subsection (a) shall be credited to the 
     current applicable appropriation, fund, or account of the 
     United States department or agency providing the assistance 
     for which the reimbursement is paid.
       ``(2) Availability.--Amounts credited under paragraph (1) 
     shall be merged with the appropriations, or with 
     appropriations in the fund or account, to which credited and 
     shall be available for the same purposes, and subject to the

[[Page S12389]]

     same conditions and limitations, as the appropriations with 
     which merged.
       ``(c) Covered Assistance.--Subsection (a) applies to 
     assistance provided under the following provisions of law:
       ``(1) Sections 6 and 7 of this Act.
       ``(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of the 
     Foreign Assistance Act of 1961.
       ``(3) Any other provisions of law pursuant to which 
     assistance is provided by the United States to carry out the 
     mandate of an assessed United Nations peacekeeping operation.
       ``(d) Waiver.--
       ``(1) Authority.--
       ``(A) In general.--The President may authorize the 
     furnishing of assistance covered by this section without 
     regard to subsection (a) if the President determines, and so 
     notifies in writing the Committee on Foreign Relations of the 
     Senate and the Speaker of the House of Representatives, that 
     to do so is important to the security interests of the United 
     States.
       ``(B) Congressional notification.--When exercising the 
     authorities of subparagraph (A), the President shall notify 
     the appropriate congressional committees in accordance with 
     the procedures applicable to reprogramming notifications 
     under section 634A of the Foreign Assistance Act of 1961.
       ``(2) Congressional review.--Notwithstanding a notice under 
     paragraph (1) with respect to assistance covered by this 
     section, subsection (a) shall apply to the furnishing of the 
     assistance if, not later than 15 calendar days after receipt 
     of a notification under that paragraph, the Congress enacts a 
     joint resolution disapproving the determination of the 
     President contained in the notification.
       ``(3) Senate procedures.--Any joint resolution described in 
     paragraph (2) shall be considered in the Senate in accordance 
     with the provisions of section 601(b) of the International 
     Security Assistance and Arms Export Control Act of 1976.
       ``(e) Relationship to Other Reimbursement Authority.--
     Nothing in this section shall preclude the President from 
     seeking reimbursement for assistance covered by this section 
     that is in addition to the reimbursement sought for the 
     assistance under subsection (a).
       ``(f) Definition.--In this section, the term `assistance' 
     includes personnel, services, supplies, equipment, 
     facilities, and other assistance if such assistance is 
     provided by the Department of Defense or any other United 
     States Government agency.''.

     SEC. 3204. UNITED STATES POLICY REGARDING UNITED NATIONS 
                   PEACEKEEPING OPERATIONS.

       It shall be the policy of the United States--
       (1) to ensure that major peacekeeping operations (in 
     general, those comprised of more than 10,000 troops) 
     authorized by the United Nations Security Council under 
     Chapter VII of the United Nations Charter (or missions such 
     as the United Nations Protection Force (UNPROFOR)) are 
     undertaken by a competent regional organization or a 
     multinational force, and not established as a peacekeeping 
     operation under United Nations operational control which 
     would be paid for by assessment of United Nations members;
       (2) to consider, on a case-by-case basis, whether it is in 
     the national interest of the United States to agree that 
     smaller peacekeeping operations authorized by the United 
     Nations Security Council under Chapter VII of the United 
     Nations Charter and paid for by assessment of United Nations 
     members (such as the United Nations Transitional Authority in 
     Slavonia (UNTAES)) should be established as peacekeeping 
     operations under United Nations operational control which 
     would be paid for by assessment of United Nations members; 
     and
       (3) to oppose the establishment of United Nations peace 
     operations approved by the General Assembly and funded out of 
     the regular budget of the United Nations.

     SEC. 3205. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE 
                   UNITED NATIONS AND ITS SPECIALIZED AGENCIES.

       For the fiscal years 1998 and 1999, the President may 
     withhold funds for the United States assessed contribution to 
     the United Nations or to any of its specialized agencies in 
     the same percentage and subject to the same requirements as 
     are applicable to the withholding of funds under section 409 
     of the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995 (22 U.S.C. 287e note).

     SEC. 3206. CONTINUED EXTENSION OF PRIVILEGES, EXEMPTIONS, AND 
                   IMMUNITIES OF THE INTERNATIONAL ORGANIZATIONS 
                   IMMUNITIES ACT TO UNIDO.

       Section 12 of the International Organizations Immunities 
     Act (22 U.S.C. 288f-2) is amended by inserting ``and the 
     United Nations Industrial Development Organization'' after 
     ``International Labor Organization''.

     SEC. 3207. SENSE OF THE CONGRESS REGARDING COMPLIANCE WITH 
                   CHILD AND SPOUSAL SUPPORT OBLIGATIONS BY UNITED 
                   NATIONS PERSONNEL.

       (a) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) all United Nations staff, including diplomats, should 
     comply with binding United States Federal, State, and local 
     court orders regarding child and spousal support obligations;
       (2) the internal regulations of the United Nations allows--
       (A) the United Nations to release staff salary information 
     to the courts in spousal and child support cases;
       (B) the Secretary General to authorize deduction of 
     dependency related allowances from staff salary;
       (C) the United Nations to cooperate with appropriate 
     authorities to facilitate proper legal or judicial resolution 
     of the family's claim.
       (b) Congressional Statement.--The Secretary of State should 
     urge the United Nations to comply fully with regulations 
     regarding compliance with child and spousal support 
     obligations by United Nations personnel, in a timely manner 
     and to the fullest extent possible.
               TITLE XXXIII--ARREARS PAYMENTS AND REFORM

              CHAPTER 1--ARREARAGES TO THE UNITED NATIONS

     Subchapter A--Authorization of Appropriations; Obligation and 
                          Expenditure of Funds

     SEC. 3301. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Department of State for payment of arrearages owed by the 
     United States described in subsection (b) as of September 30, 
     1997--
       (1) $100,000,000 for fiscal year 1998;
       (2) $475,000,000 for fiscal year 1999; and
       (3) $244,000,000 for fiscal year 2000.
       (b) Limitation.--Amounts made available under subsection 
     (a) are authorized to be available only--
       (1) to pay the United States share of assessments for the 
     regular budget of the United Nations;
       (2) to pay the United States share of United Nations 
     peacekeeping operations;
       (3) to pay the United States share of United Nations 
     specialized agencies; and
       (4) to pay the United States share of other international 
     organizations.
       (c) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.
       (d) Statutory Construction.--For purposes of payments made 
     pursuant to subsection (a), section 404(b)(2) of the Foreign 
     Relations Authorization Act, Fiscal Years 1994 and 1995 
     (Public Law 103-236) shall not apply to United Nations 
     peacekeeping operation assessments received by the United 
     States prior to October 1, 1995.

     SEC. 3302. OBLIGATION AND EXPENDITURE OF FUNDS.

       (a) In General.--Funds made available pursuant to section 
     3301 may be obligated and expended only if the requirements 
     of subsections (b) and (c) of this section are satisfied.
       (b) Obligation and Expenditure Upon Satisfaction of 
     Certification Requirements.--Subject to subsection (e), funds 
     made available pursuant to section 3301 may be obligated and 
     expended only in the following allotments and upon the 
     following certifications:
       (1) Amounts authorized to be appropriated for fiscal year 
     1998, upon the certification described in section 3311.
       (2) Amounts authorized to be appropriated for fiscal year 
     1999, upon the certification described in section 3321.
       (3) Amounts authorized to be appropriated for fiscal year 
     2000, upon the certification described in section 3331.
       (c) Advance Congressional Notification.--Funds made 
     available pursuant to section 3301 may be obligated and 
     expended only if the appropriate certification has been 
     submitted to the appropriate congressional committees 30 days 
     prior to the payment of the funds.
       (d) Transmittal of Certifications.--Certifications made 
     under this chapter shall be transmitted by the Secretary of 
     State to the appropriate congressional committees.
       (e) Waiver Authority.--
       (1) Fiscal Year 1999 Funds.--Subject to paragraph (3) and 
     notwithstanding subsection (b), funds made available under 
     section 3301 may be obligated or expended pursuant to 
     subsection (b)(2) even if the Secretary of State cannot 
     certify that one of the following three conditions has been 
     satisfied:
       (A) The condition described in section 3321(b)(1).
       (B) The condition described in section 3321(b)(4).
       (C) The condition described in section 3321(b)(5).
       (2) Fiscal Year 2000 Funds.--Subject to paragraph (3) and 
     notwithstanding subsection (b), funds made available under 
     section 3301 may be obligated or expended pursuant to 
     subsection (b)(3) even if the Secretary of State cannot 
     certify that one of the following seven conditions has been 
     satisfied: A condition described in paragraph (3), (4), (5), 
     (6), (7), (8),or (9) of section 3331(b).
       (3) Requirements.--
       (A) In general.--The authority to waive a condition under 
     paragraph (1) or (2) of this subsection may be exercised only 
     if--
       (i) the Secretary of State determines that substantial 
     progress towards satisfying the condition has been made and 
     that the expenditure of funds pursuant to that paragraph is 
     important to the interests of the United States; and
       (ii) the Secretary of State has notified, and consulted 
     with, the appropriate congressional committees prior to 
     exercising the authority.
       (B) Effect on subsequent certification.--If the Secretary 
     of State exercises the authority of paragraph (1) with 
     respect to a condition, such condition shall be deemed to 
     have been satisfied for purposes of making any certification 
     under section 3331.
       (4) Additional requirement.--If the authority to waive a 
     condition under paragraph 1(A) is exercised, the Secretary 
     shall notify the United Nations that the Congress does not 
     consider the United States obligated to pay, and does not 
     intend to pay, arrearages that have not been included in the 
     contested arrearages account or other mechanism described in 
     section 3321(b)(1).

     SEC. 3303. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS 
                   TO THE UNITED STATES.

       (a) Forgiveness of Indebtedness.--Subject to subsection 
     (b), the President is authorized to forgive or reduce any 
     amount owed by the United Nations to the United States as a 
     reimbursement, including any reimbursement payable

[[Page S12390]]

     under the Foreign Assistance Act of 1961 or the United 
     Nations Participation Act of 1945.
       (b) Limitations.--
       (1) Total amount.--The total of amounts forgiven or reduced 
     under subsection (a) may not exceed $107,000,000.
       (2) Relation to United States arrearages.--Amounts shall be 
     forgiven or reduced under this section only to the same 
     extent as the United Nations forgives or reduces amounts owed 
     by the United States to the United Nations as of September 
     30, 1997.
       (c) Requirements.--The authority in subsection (a) shall be 
     available only to the extent and in the amounts provided in 
     advance in appropriations Acts.
       (d) Congressional Notification.--Before exercising any 
     authority in subsection (a), the President shall notify the 
     appropriate congressional committees in accordance with the 
     same procedures as are applicable to reprogramming 
     notifications under section 634A of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2394-1).
       (e) Effective Date.--This section shall take effect on the 
     later of--
       (1) the date a certification is transmitted to the 
     appropriate congressional committees under section 3331; or
       (2) October 1, 1999.

                Subchapter B--United States Sovereignty

     SEC. 3311. CERTIFICATION REQUIREMENTS.

       (a) Contents of certification.--A certification described 
     in this section is a certification by the Secretary of State 
     that the following conditions are satisfied:
       (1) Limitation on assessed share of regular budget.--The 
     share of the total of all assessed contributions for the 
     regular budget of the United Nations does not exceed 22 
     percent for any single United Nations member.
       (2) Supremacy of the united states constitution.--No action 
     has been taken by the United Nations or any of its 
     specialized or affiliated agencies that requires the United 
     States to violate the United States Constitution or any law 
     of the United States.
       (3) No united nations sovereignty.--Neither the United 
     Nations nor any of its specialized or affiliated agencies--
       (A) has exercised sovereignty over the United States; or
       (B) has taken any steps that require the United States to 
     cede sovereignty.
       (4) No united nations taxation.--
       (A) No legal authority.--Except as provided in subparagraph 
     (D), neither the United Nations nor any of its specialized or 
     affiliated agencies has the authority under United States law 
     to impose taxes or fees on United States nationals.
       (B) No taxes or fees.--Except as provided in subparagraph 
     (D), a tax or fee has not been imposed on any United States 
     national by the United Nations or any of its specialized or 
     affiliated agencies.
       (C) No taxation proposals.--Except as provided in 
     subparagraph (D), neither the United Nations nor any of its 
     specialized or affiliated agencies has, on or after October 
     1, 1996, officially approved any formal effort to develop, 
     advocate, or promote any proposal concerning the imposition 
     of a tax or fee on any United States national in order to 
     raise revenue for the United Nations or any such agency.
       (D) Exception.--This paragraph does not apply to--
       (i) fees for publications or other kinds of fees that are 
     not tantamount to a tax on United States citizens;
       (ii) the World Intellectual Property Organization; or
       (iii) the staff assessment costs of the United Nations and 
     its specialized or affiliated agencies.
       (5) No standing army.--The United Nations has not, on or 
     after October 1, 1996, budgeted any funds for, nor taken any 
     official steps to develop, create, or establish any special 
     agreement under Article 43 of the United Nations Charter to 
     make available to the United Nations, on its call, the armed 
     forces of any member of the United Nations.
       (6) No interest fees.--The United Nations has not, on or 
     after October 1, 1996, levied interest penalties against the 
     United States or any interest on arrearages on the annual 
     assessment of the United States, and neither the United 
     Nations nor its specialized agencies have, on or after 
     October 1, 1996, amended their financial regulations or taken 
     any other action that would permit interest penalties to be 
     levied against the United States or otherwise charge the 
     United States any interest on arrearages on its annual 
     assessment.
       (7) United states real property rights.--Neither the United 
     Nations nor any of its specialized or affiliated agencies has 
     exercised authority or control over any United States 
     national park, wildlife preserve, monument, or real property, 
     nor has the United Nations nor any of its specialized or 
     affiliated agencies implemented plans, regulations, programs, 
     or agreements that exercise control or authority over the 
     private real property of United States citizens located in 
     the United States without the approval of the property owner.
       (8) Termination of borrowing authority.--
       (A) Prohibition on authorization of external borrowing.--On 
     or after the date of enactment of this Act, neither the 
     United Nations nor any specialized agency of the United 
     Nations has amended its financial regulations to permit 
     external borrowing.
       (B) Prohibition of united states payment of interest 
     costs.--The United States has not, on or after October 1, 
     1984, paid its share of any interest costs made known to or 
     identified by the United States Government for loans 
     incurred, on or after October 1, 1984, by the United Nations 
     or any specialized agency of the United Nations through 
     external borrowing.
       (b) Transmittal.--The Secretary of State may transmit a 
     certification under subsection (a) at any time during fiscal 
     year 1998 or thereafter if the requirements of the 
     certification are satisfied.

  Subchapter C--Reform of Assessments and United Nations Peacekeeping 
                               Operations

     SEC. 3321. CERTIFICATION REQUIREMENTS.

       (a) In General.--A certification described in this section 
     is a certification by the Secretary of State that the 
     conditions in subsection (b) are satisfied. Such 
     certification shall not be made by the Secretary if the 
     Secretary determines that any of the conditions set forth in 
     section 3311 are no longer satisfied.
       (b) Conditions.--The conditions under this subsection are 
     the following:
       (1) Contested arrearages.--The United Nations has 
     established an account or other appropriate mechanism with 
     respect to all United States arrearages incurred before the 
     date of enactment of this Act with respect to which payments 
     are not authorized by this division, and the failure to pay 
     amounts specified in the account do not affect the 
     application of Article 19 of the Charter of the United 
     Nations. The account established under this paragraph may be 
     referred to as the ``contested arrearages account''.
       (2) Limitation on assessed share of budget for United 
     Nations peacekeeping operations.--The assessed share of the 
     budget for each assessed United Nations peacekeeping 
     operation does not exceed 25 percent for any single United 
     Nations member.
       (3) Limitation on assessed share of regular budget for the 
     designated specialized agencies.--The share of the total of 
     all assessed contributions for the regular budget of any 
     designated specialized agency does not exceed 22 percent for 
     any single United Nations member.
       (4) Review of regular budget-funded peace operations.--The 
     mandates of the United Nations Truce Supervision Organization 
     (UNTSO) and the United Nations Military Observer Group in 
     India and Pakistan (UNMOGIP) are reviewed annually by the 
     Security Council, and are subject to the notification 
     requirements pursuant to section 4(e) of the United Nations 
     Participation Act of 1945, as amended by section 3102(b) of 
     this division.
       (5) Procurement.--
       (A) Prohibition on punitive actions.--The United Nations 
     has implemented a system that prohibits punitive actions, 
     such as suspension of contract eligibility, against 
     contractors on the basis that they have challenged contract 
     awards or complained about delayed payments.
       (B) Public announcement of certain contract awards.--The 
     United Nations has implemented a system for public 
     announcement of the award of any contract over $100,000.
       (C) Notification of unsuccessful bidders.--The United 
     Nations has implemented a system to notify unsuccessful 
     bidders for contracts and to provide an explanation upon 
     request of the reason for rejection of their bids.
       (D) Periodic reporting to united nations members.--The 
     United Nations reports to all United Nations members on a 
     regular basis the value and a brief description of local 
     procurement contracts awarded in excess of $70,000.

               Subchapter D--Budget and Personnel Reform

     SEC. 3331. CERTIFICATION REQUIREMENTS.

       (a) In General.--A certification described in this section 
     is a certification by the Secretary of State that the 
     following conditions in subsection (b) are satisfied. Such 
     certification shall not be made by the Secretary if the 
     Secretary determines that any of the conditions set forth in 
     sections 3311 and 3321 are no longer satisfied.
       (b) Conditions.--The conditions under this subsection are 
     the following:
       (1) Limitation on assessed share of regular budget.--The 
     share of the total of all assessed contributions for the 
     regular budget of the United Nations, or any designated 
     specialized agency of the United Nations, does not exceed 20 
     percent for any single United Nations member.
       (2) Inspectors general for certain organizations.--
       (A) Establishment of offices.--Each designated specialized 
     agency has established an independent office of inspector 
     general to conduct and supervise objective audits, 
     inspections, and investigations relating to the programs and 
     operations of the organization.
       (B) Appointment of inspectors general.--The Director 
     General of each designated specialized agency has appointed 
     an inspector general, with the approval of the member states, 
     and that appointment was made principally on the basis of the 
     appointee's integrity and demonstrated ability in accounting, 
     auditing, financial analysis, law, management analysis, 
     public administration, or investigations.
       (C) Assigned functions.--Each inspector general appointed 
     under subparagraph (A) is authorized to--
       (i) make investigations and reports relating to the 
     administration of the programs and operations of the agency 
     concerned;
       (ii) have access to all records, documents, and other 
     available materials relating to those programs and operations 
     of the agency concerned; and
       (iii) have direct and prompt access to any official of the 
     agency concerned.
       (D) Complaints.--Each designated specialized agency has 
     procedures in place designed to protect the identity of, and 
     to prevent reprisals against, any staff member making a 
     complaint or disclosing information to, or cooperating in any 
     investigation or inspection by, the inspector general of the 
     agency.
       (E) Compliance with recommendations.--Each designated 
     specialized agency has in place procedures designed to ensure 
     compliance with the recommendations of the inspector general 
     of the agency.

[[Page S12391]]

       (F) Availability of reports.--Each designated specialized 
     agency has in place procedures to ensure that all annual and 
     other relevant reports submitted by the inspector general to 
     the agency are made available to the member states without 
     modification except to the extent necessary to protect the 
     privacy rights of individuals.
       (3) New budget procedures for the united nations.--The 
     United Nations has established and is implementing budget 
     procedures that--
       (A) require the maintenance of a budget not in excess of 
     the level agreed to by the General Assembly at the beginning 
     of each United Nations budgetary biennium, unless increases 
     are agreed to by consensus; and
       (B) require the systemwide identification of expenditures 
     by functional categories such as personnel, travel, and 
     equipment.
       (4) Sunset policy for certain united nations programs.--
       (A) Existing authority.--The Secretary General and the 
     Director General of each designated specialized agency have 
     used their existing authorities to require program managers 
     within the United Nations Secretariat and the Secretariats of 
     the designated specialized agencies to conduct evaluations of 
     United Nations programs approved by the General Assembly and 
     of programs of the designated specialized agencies in 
     accordance with the standardized methodology referred to in 
     subparagraph (B).
       (B) Development of evaluation criteria.--
       (i) United nations.--The Office of Internal Oversight 
     Services has developed a standardized methodology for the 
     evaluation of United Nations programs approved by the General 
     Assembly, including specific criteria for determining the 
     continuing relevance and effectiveness of the programs.
       (ii) Designated specialized agencies.--Patterned on the 
     work of the Office of Internal Oversight Services of the 
     United Nations, each designated specialized agency has 
     developed a standardized methodology for the evaluation of 
     programs of designated specialized agencies, including 
     specific criteria for determining the continuing relevance 
     and effectiveness of the programs.
       (C) Procedures.--Consistent with the July 16, 1997, 
     recommendations of the Secretary General of the United 
     Nations regarding a sunset policy and results-based budgeting 
     for United Nations programs, the United Nations and each 
     designated specialized agency has established and is 
     implementing procedures--
       (i) requiring the Secretary General and the Director 
     General of the agency, as the case may be, to report on the 
     results of evaluations referred to in this paragraph, 
     including the identification of programs that have met 
     criteria for continuing relevance and effectiveness and 
     proposals to terminate or modify programs that have not met 
     such criteria; and
       (ii) authorizing an appropriate body within the United 
     Nations or the agency, as the case may be, to review each 
     evaluation referred to in this paragraph and report to the 
     General Assembly on means of improving the program concerned 
     or on terminating the program.
       (D) United states policy.--It shall be the policy of the 
     United States to seek adoption by the United Nations of a 
     resolution requiring that each United Nations program 
     approved by the General Assembly, and to seek adoption by 
     each designated specialized agency of a resolution requiring 
     that each program of the agency, be subject to an evaluation 
     referred to in this paragraph and have a specific termination 
     date so that the program will not be renewed unless the 
     evaluation demonstrates the continuing relevance and 
     effectiveness of the program.
       (E) Definition.--For purposes of this paragraph, the term 
     ``United Nations program approved by the General Assembly'' 
     means a program approved by the General Assembly of the 
     United Nations, which is administered or funded by the United 
     Nations.
       (5) United nations advisory committee on administrative and 
     budgetary questions.--
       (A) In general.--The United States has a seat on the United 
     Nations Advisory Committee on Administrative and Budgetary 
     Questions or the five largest member contributors each have a 
     seat on the Advisory Committee.
       (B) Definition.--As used in this paragraph, the term ``5 
     largest member contributors'' means the 5 United Nations 
     member states that, during a United Nations budgetary 
     biennium, have more total assessed contributions than any 
     other United Nations member state to the aggregate of the 
     United Nations regular budget and the budget (or budgets) for 
     United Nations peacekeeping operations.
       (6) Access by the general accounting office.--The United 
     Nations has in effect procedures providing access by the 
     United States General Accounting Office to United Nations 
     financial data to assist the Office in performing nationally 
     mandated reviews of United Nations operations.
       (7) Personnel.--
       (A) Appointment and service of personnel.--The Secretary 
     General--
       (i) has established and is implementing procedures that 
     ensure that staff employed by the United Nations is appointed 
     on the basis of merit consistent with Article 101 of the 
     United Nations Charter; and
       (ii) is enforcing those contractual obligations requiring 
     worldwide availability of all professional staff of the 
     United Nations to serve and be relocated based on the needs 
     of the United Nations.
       (B) Code of conduct.--The General Assembly has adopted, and 
     the Secretary General has the authority to enforce and is 
     effectively enforcing, a code of conduct binding on all 
     United Nations personnel, including the requirement of 
     financial disclosure statements binding on senior United 
     Nations personnel and the establishment of rules against 
     nepotism that are binding on all United Nations personnel.
       (C) Personnel evaluation system.--The United Nations has 
     adopted and is enforcing a personnel evaluation system.
       (D) Periodic assessments.--The United Nations has 
     established and is implementing a mechanism to conduct 
     periodic assessments of the United Nations payroll to 
     determine total staffing, and the results of such assessments 
     are reported in an unabridged form to the General Assembly.
       (E) Review of united nations allowance system.--The United 
     States has completed a thorough review of the United Nations 
     personnel allowance system. The review shall include a 
     comparison of that system with the United States civil 
     service, and shall make recommendations to reduce 
     entitlements to allowances and allowance funding levels from 
     the levels in effect on January 1, 1998.
       (8) Reduction in budget authorities.--The designated 
     specialized agencies have achieved a negative growth budget 
     in their biennium budgets for 2000-01 from the 1998-99 
     biennium budget levels of the respective agencies.
       (9) New budget procedures and financial regulations.--Each 
     designated specialized agency has established procedures to--
       (A) require the maintenance of a budget that does not 
     exceed the level agreed to by the member states of the 
     organization at the beginning of each budgetary biennium, 
     unless increases are agreed to by consensus;
       (B) require the identification of expenditures by 
     functional categories such as personnel, travel, and 
     equipment; and
       (C) require approval by the member states of the agency's 
     supplemental budget requests to the Secretariat in advance of 
     expenditures under those requests.

                  CHAPTER 2--MISCELLANEOUS PROVISIONS

     SEC. 3341. STATUTORY CONSTRUCTION ON RELATION TO EXISTING 
                   LAWS.

       Except as otherwise specifically provided, nothing in this 
     title may be construed to make available funds in violation 
     of any provision of law containing a specific prohibition or 
     restriction on the use of the funds, including section 114 of 
     the Department of State Authorization Act, Fiscal Years 1984 
     and 1985 (22 U.S.C. 287e note) and section 151 of the Foreign 
     Relations Authorization Act, Fiscal Years 1986 and 1987 (22 
     U.S.C. 287e note), and section 404 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e 
     note).

     SEC. 3342. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND 
                   OTHER INTERNATIONAL ORGANIZATIONS FROM WHICH 
                   THE UNITED STATES HAS WITHDRAWN OR RESCINDED 
                   FUNDING.

       None of the funds authorized to be appropriated by this 
     subdivision shall be used to pay any arrearage for--
       (1) the United Nations Industrial Development Organization;
       (2) any costs to merge that organization into the United 
     Nations;
       (3) the costs associated with any other organization of the 
     United Nations from which the United States has withdrawn 
     including the costs of the merger of such organization into 
     the United Nations; or
       (4) the World Tourism Organization, or any other 
     international organization with respect to which Congress has 
     rescinded funding.

                          ____________________