[Congressional Record Volume 143, Number 159 (Wednesday, November 12, 1997)]
[House]
[Pages H10676-H10763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1998
Mrs. MYRICK, from the Committee on Rules, submitted a privileged
report (Rept. No. 105-403) on the resolution (H. Res. 324) providing
for consideration of the Senate amendments 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, which was referred to the House Calendar
and ordered to be printed.
Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 324 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 324
Resolved, That upon adoption of this resolution it shall be
in order to take from the Speaker's table 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, with Senate amendments thereto, and
[[Page H10677]]
to consider in the House, any rule of the House to the
contrary notwithstanding, a single motion offered by the
chairman of the Committee on Appropriations or his designee
that the House concur in the Senate amendment to the text
with the amendment printed in the report of the Committee on
Rules accompanying this resolution and disagree to the Senate
amendment to the title. The Senate amendments and the motion
shall be considered as read. The motion shall be debatable
for one hour equally divided and controlled by the chairman
and ranking minority member of the Committee on the
Appropriations. The previous question shall be considered as
ordered on the motion to final adoption without intervening
motion or demand for division of the question.
The SPEAKER pro tempore. The gentlewoman from North Carolina [Mrs.
Myrick] is recognized for 1 hour.
Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Texas [Mr. Frost], pending
which I yield myself such time as I may consume. During consideration
of this resolution, all time is yielded for the purpose of debate only.
Mr. Speaker, while considering the final appropriations bills, the
Senate rolled the Commerce, State, Justice appropriations bill and the
Foreign Operations appropriations bill into the D.C. appropriations
bill and, therefore, created an omnibus appropriations bill.
The House amendment we will consider tonight strikes all provisions
out of the omnibus appropriations bill, except for the District of
Columbia, and amends that bill with the recommendation of the House
Committee on Appropriations.
The rule provides for a single motion by the Chairman of the
Committee on Appropriations, or his designee, to concur in the Senate
amendment to the text, any rule of the House to the contrary
notwithstanding, with the amendment printed in the Committee on Rules
report and disagree to the Senate amendment to the title.
The rule further provides that the Senate amendments to the House
bill and the motion are considered as read. The motion is debatable for
1 hour equally divided and controlled by the gentleman from Louisiana
[Mr. Livingston], chairman of the Committee on Appropriations, and the
ranking minority member of the Committee on Appropriations.
There is little argument that the District of Columbia is in bad
shape. The city suffers from deteriorating infrastructure, high crime
rates, a shrinking population, and poor services. We must take bold
steps to reform the way this city operates so that it can again take
its place among the great cities of the world.
As a former mayor, I know the challenges that come with running a
city. It will not be easy to reform, but we must start now.
I was very supportive of the bill that originally passed in the
House. I believe that it contains some tough language that will go a
long way to changing the face of our Nation's Capital. The bill met
with stiff resistance and has been replaced.
This is a good rule. It allows us to debate D.C. appropriations as a
single issue, rather than as part of an omnibus package. We need to
take a step toward restoring some of the luster our Nation's Capital
city has lost in recent years.
Mr. Speaker, I urge my colleagues to support the rule, and I look
forward to the debate about the future of our Nation's Capital.
Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is late in the day and it is late in the session. We
are now 43 days into fiscal year 1998 and it is high time that we
finish our business for the year. With any luck, we will be able to
finish the District of Columbia appropriations this evening, leaving
only 1 other appropriations bill outstanding.
The Republican majority has finally seen the light and has given up
for the time being, at least, its desire to use the District and its
residents as a grand experiment in Republican social engineering on
school vouchers.
As I said, Mr. Speaker, it is late in the day and it is late in the
session. It is time for the Republican majority to govern. It is time
to stop using appropriations to move a legislative agenda that is not
supported by a majority of the American people.
Mr. Speaker, the negotiating process on District of Columbia
appropriations has resulted in creating a bill which is vastly superior
to the product originally passed by 1 vote in the House. I will support
this rule only because the bill passed by the Senate and the amendment
which is now being recommended as a further amendment address the
issues of providing the Federal payment to the District of Columbia,
the Nation's Capital, and not the Republican social agenda. It is
unfortunate, however, that it has taken this long to reach this point.
Mr. Speaker, because it is late, I will reserve the balance of my
time.
Mrs. MYRICK. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia [Mr. Davis].
(Mr. DAVIS of Virginia asked and was given permission to revise and
extend his remarks.)
Mr. DAVIS of Virginia. Mr. Speaker, let me just note, I have further
comments in my revisions, but I am happy we have gotten to this point.
It has taken a long time. The city of Washington has had to borrow
money during the time that we have not been able to move forward with
the appropriation, but with a lot of work of people on both sides of
the aisle we have come to the conclusion this evening that we have an
appropriation bill that I am proud to support.
I want to thank my ranking member of the authorizing committee, the
gentlewoman from the District of Columbia [Ms. Norton], and the
gentleman from Virginia [Mr. Moran], who have worked very closely with
us on appropriations to bring this to where it is tonight. The city
needs this money. We have an appropriations bill that I would urge all
of my colleagues to support.
Our Nation's capital desperately needs this budget bill to be enacted
now. Failure to do so would have major negative consequences.
Failure to pass this budget now would cause the District of Columbia
to slide even further backward.
Failure to pass this budget now would be reckless and tragic. This is
especially so because this Congress and the last Congress have done so
much to get the Nation's Capital on the right track.
To defeat the bill at this point would risk doing irreparable harm to
our fundamental goals of reform and revitalization of our Nation's
Capital.
It is wrong to gamble with the lives of millions in this region who
depend on an orderly budget process.
We all know of the D.C. Revitalization Act which passed this Congress
as part of the Balanced Budget Act of 1997. Strong management reform
measures, Medicaid changes and tax incentives were included as well in
that enactment and in the equally Historic Tax Reform Act of 1997. To
have enacted such significant reforms, and to see them signed by the
President, is a legislative accomplishment we can all take pride in
helping to achieve.
With patience and perseverance the reforms we have enacted for the
District of Columbia have begun to have their intended effect.
We now have a rare opportunity, sanctioned by both Congress and the
White House, to restructure and improve the complex relationship
between the Federal Government and the Nation's Capital. But time is of
the essence. And we are at a moment of truth.
Many of the issues addressed in the D.C. Revitalization Act are
particularly urgent and time sensitive. To take just one example, a
Federal trustee must be up and running to help establish reforms in the
District's prison system. Just last month the court-appointed monitor
said of the medium-security facility at Lorton that ``it has
deteriorated to a level of depravity that is unparalleled in its
troubled history.''
It is tragic enough when Congress reaches an impasse in consideration
of a budget for one of our executive departments. But if we are unable
to enact a budget for the Nation's Capital, that real city which exists
just beyond the monuments is placed at a grave risk of immediate harm.
And when you consider that most of the District's budget consists of
self-generated funds, it makes the spectacle of congressional delay
even more difficult to explain.
Some of us have differences with various sections of the bill before
us. Many have reservations which I share. But I appeal to you, as
chairman of the authorizing subcommittee for the District of Columbia,
to join me in voting for this budget bill so we can give the Nation's
Capital a chance to survive as a city.
I am pleased that the Victims of Communism Relief Act of 1997 is
incorporated in this bill and will become law. The agreement provides
that Nicaraguans and Cubans who entered the United States prior to
December 1, 1995, will be made eligible for lawful permanent residence
provided they apply prior to April 1, 2000.
[[Page H10678]]
Guatemalans and Salvadorans, who filed for asylum prior to April 1,
1990, and members of the ABC class, will have their cases reviewed
under the less onerous rules in existence before the 1996 Immigration
Act [IIRIRA] went into effect. In addition, battered spouses and
children in proceedings prior to April 1, 1997, will be processed under
the pre-IIRIRA rules.
Guatemalans and Salvadorans will have their adjustments offset by
reductions in the diversity and unskilled--nonagricultural--worker
programs, which will not exceed 5,000 in each annually. All pending
approved petitions for unskilled worker visas will be permitted to
adjust under the current 10,000 cap.
Members of the defined categories of Central Americans--Salvadorans
and Guatemalans--whose cases are under the jurisdiction of the post-
April 1 rules, will have their claims for cancellation of removal
adjudicated under the more generous standard of 7 years continuous
residence and extreme hardship, not subject to the 4,000-person cap.
All Guatemalans and Salvadorans who meet the eligibility requirements
states above will be exempted from the stop time rule, as interpreted
by the Board of Immigration Claims' N-J-B ruling. Individuals not
within these categories will be subject to the stop-time rule.
Refugees from the former Warsaw Pact nations will have their cases
governed according to the same rules which will apply for Guatemalans
and Salvadorans.
Mr. Speaker, many Central Americans have made a positive impact in
our community in northern Virginia. The inclusion of this legislation
in the D.C. appropriation bill will bring a measure of justice to
thousands who have fled oppression in their native land to seek the
freedom and opportunity offered in this Nation.
Mr. FROST. Mr. Speaker, I yield 7 minutes to the gentlewoman from
Florida [Mrs. Meek].
Mrs. MEEK of Florida. Mr. Speaker, I thank the gentleman for yielding
me this time.
Mr. Speaker, I rise to oppose this rule. I think it is an unfair
rule, and this Congress should know why I think that way.
I went to the Committee on Rules tonight to see if I could get an
amendment ruled eligible for the floor which would have turned around
an injustice which is in this bill. I think what Congress sees in this
bill is what happens when legislators, people in Congress, make rules
on appropriations bills. It is always a disaster when that happens, and
it is too bad that this particular amendment on immigration, a
situation that is so very direly needed in this country, was placed on
an appropriations bill, and a very important appropriations bill, for
the District of Columbia. The District of Columbia has been bandied
about in this Congress. I think it is high time we put the kind of
precedence and the kind of attention on this particular bill that it
should receive.
Now, while I do not oppose the District of Columbia's appropriations
bill being passed, I do not oppose the Nicaraguans getting their
amnesty on this bill, and I do not oppose the Central Americans getting
their amnesty, but what I do reject is the idea that the Haitians in
this country that came here under the same credible fear of persecution
as the Nicaraguans and the Central Americans and the Cubans are now
left out of this particular bill.
I am being told that, number 1, the Haitians were never to be
considered. They were not a part of the agreement. As a matter of fact,
I have substantive proof to show that they were not a part of the
agreement. We lobbied very hard to try to get them included. It is
never too late for this Congress to do the right thing.
But there is something that perplexes me, which is, why is it that
always when communities of color come up in immigration, they are
always overlooked or there is always some excuse as to why they were
not in the original agreement? I am asking this Congress, why? That is
why I am opposing this rule, because this rule is unfair. Why have
Nicaraguans, Cubans, Guatemalans, and Salvadoreans, who will live next
door to each other in some of our communities, one will get a green
card and the others cannot. One could seek citizenship after 4 to 5
years; the others cannot. Is that fair? My answer is no, it is not
fair. It is another step of unfairness in this country.
The reason that it is so unfair is we allow it to happen. We allow
these kinds of things to come in on an appropriations bill. We allow
the unfairness to be so dominant in the kinds of decisions we make
here. If we were fair, that amendment would have never passed the
Senate, it would never have come over here. If we were fair, the
Haitians would have been given the same time for amnesty as Nicaraguans
and others.
I have fought very hard on this floor, Mr. Speaker, for Cubans, for
Hispanics, for Latinos in this country. I think it is a slap in the
face to the Black Caucus and to the other caucuses which have stood so
steadily behind all of the bills that the Cuban Members of this
Congress brought here, yet we could not receive any support to include
the Haitians. It is wrong, and I will always say it. It is wrong, and
we should turn it around.
Mr. HASTINGS of Florida. Mr. Speaker, will the gentlewoman yield?
Mrs. MEEK of Florida. I yield to the gentleman from Florida.
Mr. HASTINGS of Florida. Mr. Speaker, I thank the gentlewoman for
yielding.
I also thank her for her commitment to this endeavor and for her
leadership that she has demonstrated on behalf of those that she,
myself, the gentlewoman from Florida [Ms. Brown], and countless others
in this Congress are supportive of receiving the same consideration as
others have under this particular measure.
Reluctantly, I rise in opposition to the rule. Like the gentlewoman
from Florida [Mrs. Meek], said, I will support the ultimate bill
because I feel that it is no more than fair to the District of Columbia
that has been burdened in an equivalent manner, and in my view has not
been treated as fairly as they should be. But all the gentlewoman from
Florida [Mrs. Meek] sought in the Committee on Rules was an amendment
that would allow for an up-or-down vote on whether or not the Haitian
refugees, particularly those that came through Guantanamo, would
receive the same consideration as everyone else.
Neither the gentlewoman from Florida [Mrs. Meek] nor I take any back
seat to supporting all of the efforts of those who we represent in
south Florida. I support Nicaraguans, and I think that they should
receive an amnesty that they have received. I support Central
Americans, and I think that they should receive the amnesty that they
are going to be able to apply for and receive. I even support Eastern
Europeans and think that it is appropriate that this Nation, the beacon
for freedom and fairness, would offer them an opportunity to seek
amnesty under appropriate circumstances. However, I totally reject the
notion that those that we made a commitment to, that we are not fair
enough to continue our efforts to ensure that that commitment is kept.
{time} 2315
Once again, I thank the gentlewoman from Florida [Mrs. Meek] and will
vote to reject the rule for the reason that she will reject it, in her
efforts to make a simple amendment that asks for nothing but fairness.
Mrs. MEEK of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I will say in the end that this is an unjust and unfair
rule. It is a rule which overlooks the equalness and equality which we
push in this country. Having supported every effort to bring about
equality in this country for immigrants and everyone else, I reject any
statement. That is why I am voting against the rule.
I call on the Members of this Congress who believe in fairness and
equity for all immigrants, not just one particular set, to reject this
rule, to send a message to the Republicans that they do not choose
certain immigrants because they go by the same ethnicity as they do to
include in a bill. It is not fair, and it will show an unfairness for
the majority party.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from
California [Mr. Cunningham].
Mr. CUNNINGHAM. Mr. Speaker, I had the privilege of working on the
education provisions of this legislation. I would like to personally
thank the chairman, the gentleman from North Carolina, Mr. Charles
Taylor, and ranking minority member, the gentleman from Virginia Mr.
Jim Moran, who not only listened but was cooperative and worked very
closely with the committee.
I would also like to thank and I think D.C. and this body owes a
great
[[Page H10679]]
deal of gratitude to Gen. Julius Becton, who has taken on almost an
impossible task of cutting through not only economic problems but the
political problems of D.C. schools. He has worked tirelessly in
changing some of the rules and in helping children in the District. I
would like to commend General Becton.
Mr. Speaker, what education provisions are in the bill? It provides
$3.3 million for public charter schools, that is good within this bill,
but it also adds money for the public schools. The gentleman from
Virginia [Mr. Moran] fought for these provisions along with
Republicans, and we find that it is in the best interests and will
help.
There is a technical improvement to the D.C. charter schools. There
are about four of them. I will not belabor them, but I think these
provisions will actually help. It was done on a bipartisan basis, both
Republicans and Democrats. The National Education Association will
finally pay its fair share of taxes, which is about $1.1 million a year
that will go to help D.C. schools. We helped with that.
One of the things that I am saddened by, Mr. Speaker, is that union
bosses once again prevailed in stopping and preventing the aid to
children in schools within D.C. by waiving Davis-Bacon. The average age
of D.C. schools, the average age, is 86 years old, Mr. Speaker, 86
years. The roofs were so bad, schools were delayed. The fire codes are
so bad that it was not even placed in the fire department, it is in the
hands of a judge.
Yet, union bosses prevented saving up to 25 percent on school
construction by giving the school construction authority the ability to
waive Davis-Bacon. Once again, the unions chose to line their pockets
rather than come to the aid of children. I think that is sickening, Mr.
Speaker. It is something that we need to change.
The D.C. Student Opportunities Scholarship, which is not included in
this, which my friend said is a Republican strategy or social strategy,
is going to be in a freestanding bill to where he can vote up or down
on it. Only a liberal would say that he does not want to help education
and children have a choice of where they could go.
There is no pay raise for properly credentialed teachers, which we
felt was important.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from
Virginia [Mr. Moran].
Mr. MORAN of Virginia. Mr. Speaker, I want to suggest to the
gentleman from California who just spoke, when he was praising General
Becton, he used the term, ``I would like to command General Becton.'' I
think he may want to correct the Record. I suspect he meant ``commend
General Becton.'' I might like to command him, but I note that he may
want to catch that in the Record.
Either way, I agree with the gentleman that General Becton is doing a
fine job in a very difficult situation with the D.C. school system, and
this bill helps that situation. It will be a long time before we
correct all of D.C.'s problems, but certainly this is a step forward.
That is why I rise in support of this rule.
I do not disagree with the gentlewoman from Florida [Mrs. Meek] about
the fact that Haitian refugees should get fair, comparable treatment to
Central American and Cuban refugees. She argues about something that is
not in the rule that she wants in the rule. I do not disagree with the
issue, but I do think that this rule should be supported.
We need to get on with the business of providing the necessary funds
for the District of Columbia. They are facing a financial crisis. So
let us get this rule passed. I find nothing objectionable in it as it
pertains to the District of Columbia, and I will address the substance
of the bill when the bill is brought up. I do urge a ``yes'' vote on
the rule.
Mrs. MYRICK. Mr. Speaker, I yield 4 minutes to the gentleman from
Florida, Mr. Lincoln Diaz-Balart.
Mr. DIAZ-BALART. Mr. Speaker, with regard to the legislation on
immigration that is included in this appropriations bill, I think it is
important to point out that it is historic. It is in the great generous
and compassionate tradition of the United States.
The process behind the Central American relief legislation began in
July of this year, in June and July of this year, after a commitment by
President Clinton to the Central American Presidents during a summit in
Costa Rica, and also a commitment by the Speaker of the House, Speaker
Gingrich, after a visit to south Florida, precisely commenting on this
issue.
The legislation was drafted after serious consultation with the
National Security Council and the Department of Justice. It was drafted
to prevent the deportation of Nicaraguans and also of Guatemalans and
Salvadorans, known as the ABC class, that were denied suspension of
deportation by the retroactivity of the Immigration Reform Act that was
passed last year.
I want to point out, I would like to point out, Mr. Speaker, that
passage of this language, which is included in the District of Columbia
appropriations bill, will not in any way hinder efforts to seek similar
relief for Haitian refugees in other legislative measures.
Last week, Senator Moseley-Braun in the Senate put a hold on the
Senate D.C. appropriations bill because of the Haitian issue. She
lifted her objection after the Attorney General and the White House
agreed to provide administrative relief to the Haitian community while
Congress considers a legislative remedy.
The agreement reached between the Senator and the administration
provides that the President will authorize the Attorney General to
temporarily suspend the deportation of Haitians while Congress
considers legislation to provide relief to the Haitian community in the
United States.
The bill has already been introduced in the Senate by Senator Bob
Graham and Senator Connie Mack and others, including Senator Abraham,
and a House companion bill has been dropped, to my understanding, by
the gentleman from Michigan [Mr. Conyers]. I have agreed to be a
cosponsor of that bill, as I have always been a cosponsor of
legislation by the gentlewoman from Florida [Mrs. Meek] on this issue
of our Haitian brothers and sisters.
Mr. Speaker, I will request and insist upon hearings not only in the
Senate on this legislation but in the House as well and on the basis of
this White House agreement of Senator Moseley-Braun where she lifted
her hold and the Senate passed the D.C. appropriations bill by voice
vote.
Mr. Speaker, I support, as I always have, the efforts to seek justice
for our Haitian brothers and sisters. My distinguished friend, the
gentlewoman from Florida [Mrs. Meek], knows that. I will continue doing
so. So as I recommit to do all I can to help our Haitian friends, I
seek justice and commend the Speaker and all of those who have been
involved, Mr. Smith, as well as the leaders in the Senate, Senator
Abraham and Senator Mack and Senator Bob Graham and others, who have
worked on this.
Mr. HASTINGS of Florida. Mr. Speaker, will the gentleman yield?
Mr. DIAZ-BALART. I yield to the gentleman from Florida.
Mr. HASTINGS of Florida. Mr. Speaker, am I understanding the
gentleman correctly that we have his commitment that he will push to
ensure that the Haitians receive the same consideration that the
Nicaraguans have?
Mr. DIAZ-BALART. Yes.
Mr. HASTINGS of Florida. Mr. Speaker, while the gentleman is
answering it, would he be so kind as to tell me, was it not equally
possible that we could have included the Haitians in this particular
measure?
Mr. DIAZ-BALART. The gentleman is aware of the fact that in the
negotiations that led to this legislation, Mr. Smith made what I
consider to have been a very good faith offer with regard to the
Haitians. The gentlewoman from Florida [Mrs. Meek] was of the opinion
that that was not something that should be finalized in the terms that
were offered.
But yes, my commitment is there, my distinguished friend, with regard
to pushing this issue further.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from the
District of Columbia [Ms. Norton].
Ms. NORTON. Mr. Speaker, I rise to ask for a vote, a positive vote,
on the rule on a bipartisan basis.
Mr. Speaker, this is the last appropriation out. By all rights, it
should have been the first, considering the
[[Page H10680]]
condition of the District of Columbia and considering that there is
only a token amount of Federal funds. I am coming to this floor to ask
permission to spend my own money. I do not know what the rest of the
Members would do if they had to do this.
This is a caboose appropriation held up in the Senate, as Members
have heard, over an issue completely unrelated. I could not be more in
sympathy with the gentlewoman from Florida [Mrs. Meek]. If my
appropriation has been treated regrettably, she has been treated most
unfairly, and I pledge to her that I will do all in my power to monitor
this matter to see that the compromise that has been achieved is
carried out and to see that full justice is done in legislation when we
return.
This bill has been cleansed of the issues that would have gotten a
veto. Some of them would have been micromanagement of the District.
Others would have been ideological issues.
We have gone from micromanaging the District to micromanaging the
Control Board. We have to stop that. The Control Board is not above
criticism, and I have been among its critics, but the fact is that
these are five distinguished people working for no pay who are trying
to do an almost impossible job. We ought to reinforce them, unless they
get way off the mark. We are not close enough to take what they do and
unravel it dollar by dollar.
All sides need to talk and negotiate before the appropriation period,
rather than waiting for the appropriation to try to reform the District
of Columbia. If Members want to have meaningful participation in the
reform and restructuring of the District, let the Committee on
Appropriations, the subcommittee, the authorizing subcommittee, the
Control Board, and the District sit down and work out their problems
before they get to this floor.
Home Rule? Yes, that is one reason this bill must be supported,
because it has the support of the District of Columbia, which worked
hard to please the Congress in what it has achieved, but it also must
be supported because this bill is, in fact, an efficient and reliable
way to move the District forward.
Mrs. MYRICK. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Florida [Ms. Ros-Lehtinen].
Ms. ROS-LEHTINEN. Mr. Speaker, our colleagues, the gentlewoman from
south Florida, Mrs. Carrie Meek, and the gentleman from Florida, Mr.
Alcee Hastings, have done a formidable job of defending our community,
especially the immigrant community, after their many years of dedicated
service.
All of us in the south Florida congressional delegation have the
great privilege of representing various pockets of the immigrant
community, and we try to help all of those communities whenever we can.
I commend my colleagues, the gentlewoman from Florida [Mrs. Meek] and
the gentleman from Florida [Mr. Hastings], for their leadership. It is
because of their firm belief in fairness that my other colleague, the
gentleman from Miami, FL [Mr. Diaz-Balart], and I are going to join
with them in working with our Florida Senators, Connie Mack and Bob
Graham, to get fair treatment for the Haitians.
In January when we come back to debate the new bills, we will
continue working with our south Florida colleagues and our Florida
Senators to see that the Guantanamo Haitians get the fair treatment
that they deserve.
I visited the Guantanamo base in Cuba while the Haitians were there,
I know of their plight. It was a great honor for me when I first came
to Congress to represent the community of little Haiti. It is a
wonderful law-abiding community, and I have supported and will continue
to support the gentlewoman from Florida [Mrs. Meek] in cosponsoring her
bill. We have worked with the White House to work out this compromise
that no deportations will be taking place while the legislation moves
through the proper procedures in the House and the Senate.
{time} 2230
However, the bill before us now does save many thousands of lives
from the immigration limbo that they are facing, the deportation that
has been dividing many communities.
Therefore, I urge my colleagues to support the rule and move this
legislation forward, which is going to help so many immigrants. And we
look forward to continuing in the new session in supporting other
immigrants as well.
As an immigrant myself, as a political refugee who sought freedom and
democracy, I know what this country stands for, and I know the beliefs
that have brought us here still linger in our hearts. And we practice
them every day. So I look forward to working with my colleagues to see
this come true.
Mr. FROST. Mr. Speaker, I would inquire of the time remaining on each
side.
The SPEAKER pro tempore (Mr. LaHood). The gentleman from Texas [Mr.
Frost] has 19 minutes remaining. The gentlewoman from North Carolina
[Mrs. Myrick] has 18\1/2\ minutes remaining.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California [Ms. Waters].
Ms. WATERS. Mr. Speaker, we find ourselves in a rather unfortunate
situation. This is the most cynical kind of public policy-making that I
have ever witnessed. I cannot understand for the life of me why the
Haitians would have been left out from consideration.
As I understand, the Immigration and Naturalization Service reports
that, as of September 30, 1996, applications for asylum were pending
for about 18,000 Haitians, 21,000 Nicaraguans, 118,000 Guatemalans, and
191,000 Salvadorans.
How can they just drop the Haitians? It does not make good sense, and
then they place it on the D.C. appropriations, where we are desperate
to try and get a little justice for the District of Columbia, and they
pit people against each other in the most unfair way. There is no
rational reason for it. They should not put the gentlewoman from
Florida [Mrs. Meek] in the position of standing up here asking for a no
vote on the rule for the District of Columbia, when they know how
desperate the gentlewoman from the District of Columbia [Ms. Norton]
is. As a matter of fact, if they had any decency at all, they would
pull this rule from the floor and go back and put the Haitians in.
These Haitians were promised. I have got letters here from Haitians
whose parents were killed right before their eyes. They are seeking
asylum because they were under political massacre from the Haitians
down there. And my colleagues would stand here and allow this situation
to develop. This is unconscionable. It is unreasonable. It is unfair.
It is unjust. It is unkind. It is everything that I can think of when I
look at what they are doing.
I cannot stand hear and say, do not support the D.C. rule. At the
same time, we have these Representatives from Florida who are sitting
here in pain because of what they are doing. The gentleman from Florida
[Mr. Diaz-Balart] and the rest of my colleagues who negotiated this
deal, they should stand up like men and women and undo it now and do
the right thing.
Mrs. MYRICK. Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Texas [Ms. Jackson-Lee].
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the ranking member
very much for his kindness.
Let me, first of all, thank the hard work of the gentlewoman from the
District of Columbia [Ms. Norton] and the gentleman from Virginia [Mr.
Davis] and the gentleman from Virginia [Mr. Moran] for working so hard
on the D.C. appropriations bill and particularly the charter school
effort that I think will help our children in the District of Columbia.
I heard a colleague mention the need for money for construction and
accusing unions of taking monies out of the children of the District of
Columbia. If my Republican colleagues had voted for the $5 billion
infrastructure addition to the budget, we might have had those dollars
for the D.C. schools. More importantly, I think it should be well known
that this is D.C. money and not our money, and all we are doing is
tying it up and not spending it.
Let me move quickly to the Haitian question, because I join my
colleagues in a great deal of dissatisfaction with the committee for
not allowing this particular amendment of the gentlewoman from Florida
[Mrs. Meek] to be drawn to this rule that would allow the Haitians to
be included in the privilege
[[Page H10681]]
and waiver of allowing them to stay and continue their process of
application. This is, of course, a discriminatory process, even though
I applaud the White House and Attorney General for the administrative
process that will allow them to stay in and the hearings of my
colleague the gentleman from Michigan [Mr. Conyers] and the work of the
gentleman from North Carolina [Mr. Watt], who is the chair of the
Subcommittee on Immigration and Claims.
As a member of the House Committee on the Judiciary, I think this is
an unpardonable sin. The Haitians deserve the same kind of freedom and
opportunity that other immigrants deserve when they come to this
country. Now 11,000 immigrants will be separated from their families.
Who is to say that there is not persecution in Haiti as there is in
Nicaragua and Guatemala?
I support what has happened to the Nicaraguans' and the Guatemalans'
country for freedom. We always have supported this in a combined effort
to support those who come here to this country for freedom. My question
to my colleagues is, how can you deny this to Haitians? How can you
stand up here and separate immigrants who have come here for freedom?
I would ask that this rule be denied and voted down, not because I do
not support the District of Columbia, because it is their money, but
because they do not even allow the immigrants that are Haitians that
come to this country for freedom to get the same privileges of those
that are getting the privilege.
I ask for my colleagues to consider the disparate treatment being
given to Haitians in this country.
Mrs. MYRICK. Mr. Speaker, I would like to inquire of my colleague the
gentleman from Texas [Mr. Frost] how many speakers he has left.
Mr. FROST. Mr. Speaker, at this point, we have one speaker remaining.
Mrs. MYRICK. Mr. Speaker, I do not have any more speakers, so I
reserve my time.
Mr. FROST. Mr. Speaker. I yield 3 minutes to the gentleman from
California [Mr. Becerra].
Mr. BECERRA. Mr. Speaker, I thank the gentleman from Texas [Mr.
Frost] for yielding me the time.
I, too, am one who is pleased that there was progress with the D.C.
appropriations bill. It is certainly true that the District of Columbia
needs the funding. I wish I could stand here and tell my colleagues
that we should pass this rule and get on with our business, but I
cannot because of many of the reasons that have been stated by some of
my colleagues, especially from Florida, with regard to a particular
provision which was added to this appropriation bill that really does
not have anything to do with D.C. appropriations but, nonetheless, was
added.
Let me quote for my colleagues from a letter of the President of the
United States of November 4, 1997, where he said with regard to the
issue affecting immigrants, principally from Central America and the
Haitian community, that he was trying, through the legislation he had
provided Congress to work on, he was seeking fair and equitable
treatment for these individuals from these countries in Central America
and Haiti. He goes on to say, ``I am concerned, however, that this
legislation, unlike my original proposal, inappropriately distinguishes
among nationals from different countries, including those from Central
America. It requires continued retroactive application of certain
provisions in the 1996 immigration law and does not allow for an
adequate transition to the law's new rules. Accordingly, the Congress
should provide for a fair resolution of these issues.'' He goes on to
say, ``In addition, I strongly urge the Congress to provide to Haitians
treatment similar to that provided to Central Americans.''
What the President was speaking of was the change from his
legislation that came to Congress and was being sponsored by certain
Members in the House and the Senate and what is now in this
appropriation bill, which is much different from what the President
first proposed.
As Cardinal Law from Massachusetts said, ``We are putting these
immigrants through `emotional torture'.'' Cardinal Law goes on to say,
``The United States must provide for equitable treatment to
Nicaraguans, Salvadorans, and Guatemalans, as well as justice for
Haitians, in emerging immigration legislation.''
Mr. Speaker, what a number of us are saying here today is that, when
we had a chance to put forth equity, when we had a chance to right the
wrongs of last year's immigration law, when we had a chance to show
that we respect and dignify people who come to this country to escape
persecution and to start a new life, we failed. We failed because we
were able to do a great amount for some, and I am very pleased that the
Nicaraguans will have a chance to say that they will receive amnesty,
but we did not do it for any other Central American constituency
similarly situated.
The Salvadorans and the Guatemalans are in no different condition
than the Nicaraguans, yet they are being treated differently. And the
Haitians are completely shut out of this legislation. That is wrong. We
could have cured this. We do not need to wait for future legislation to
deal with this. We could have done it today, and we did not.
That is the shame of this bill that we have before us. That is why,
unfortunately, some of us have to stand here and say that it is better
to vote no on the rule than yes.
Mr. FROST. Mr. Speaker, we have no additional speakers at this time.
I ask, is the gentlewoman from North Carolina [Mrs. Myrick] going to
yield back her time at this point?
Mrs. MYRICK. Mr. Speaker, yes, I am.
Mr. FROST. Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
Mr. LIVINGSTON. Mr. Speaker, pursuant to House Resolution 324, I call
up 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.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:
Senate amendments:
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
[[Page H10682]]
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 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
[[Page H10683]]
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
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
[[Page H10684]]
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 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.
[[Page H10685]]
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 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
[[Page H10686]]
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.
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
[[Page H10687]]
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--
(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:
[[Page H10688]]
``(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 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
[[Page H10689]]
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--
``(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,
[[Page H10690]]
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.
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
[[Page H10691]]
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 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
[[Page H10692]]
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).''.
(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
[[Page H10693]]
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 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
[[Page H10694]]
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 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
[[Page H10695]]
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 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
[[Page H10696]]
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, 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.''.
[[Page H10697]]
(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 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.
[[Page H10698]]
``(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 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
[[Page H10699]]
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 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
[[Page H10700]]
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 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.
[[Page H10701]]
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.
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
[[Page H10702]]
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
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--
[[Page H10703]]
(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 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,
[[Page H10704]]
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 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
[[Page H10705]]
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. 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
[[Page H10706]]
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.
``(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.
[[Page H10707]]
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 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,
[[Page H10708]]
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-
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;
[[Page H10709]]
(ii) for operation and maintenance, Navy, $1,824,000;
(iii) for operation and maintenance, Air Force, $1,603,000;
and
(iv) for operation and maintenance, Defense-Wide,
$21,993,000; and
(B) for procurement, for other procurement, Air Force,
$4,211,000.
(9) Appropriations for the American Battle Monuments
Commission, for salaries and expenses, $210,000.
(10) Appropriations for the Department of Agriculture--
(A) for the Animal and Plant Health Inspection Service, for
salaries and expenses, $932,000;
(B) for the Foreign Agricultural Service and General Sales
Manager, $4,521,000; and
(C) for the Agricultural Research Service, $16,000.
(11) Appropriations for the Department of Treasury--
(A) for the United States Customs Service, for salaries and
expenses, $2,002,000;
(B) for departmental offices, for salaries and expenses,
$804,000;
(C) for the Internal Revenue Service, for tax law
enforcement, $662,000;
(D) for the Bureau of Alcohol, Tobacco, and Firearms, for
salaries and expenses, $17,000;
(E) for the United States Secret Service, for salaries and
expenses, $617,000; and
(F) for the Comptroller of the Currency, for assessment
funds, $29,000.
(12) Appropriations for the Department of Transportation--
(A) for the Federal Aviation Administration, for
operations, $1,594,000; and
(B) for the Coast Guard, for operating expenses, $65,000.
(13) Appropriations for the Department of Labor, for
departmental management, for salaries and expenses, $58,000.
(14) Appropriations for the Department of Health and Human
Services--
(A) for the National Institutes of Health, for the National
Cancer Institute, $42,000;
(B) for the Office of the Secretary, for general
departmental management, $71,000; and
(C) for the Centers for Disease Control and Prevention, for
disease control, research, and training, $522,000.
(15) Appropriations for the Social Security Administration,
for administrative expenses, $370,000.
(16) Appropriations for the Department of the Interior--
(A) for the United States Fish and Wildlife Service, for
resource management, $12,000;
(B) for the United States Geological Survey, for surveys,
investigations, and research, $80,000; and
(C) for the Bureau of Reclamation, for water and related
resources, $101,000.
(17) Appropriations for the Department of Veterans Affairs,
for departmental administration, for general operating
expenses, $453,000.
(18) Appropriations for the National Aeronautics and Space
Administration, for mission support, $183,000.
(19) Appropriations for the National Science Foundation,
for research and related activities, $39,000.
(20) Appropriations for the Federal Emergency Management
Agency, for salaries and expenses, $4,000.
(21) Appropriations for the Department of Energy--
(A) for departmental administration, $150,000; and
(B) for atomic energy defense activities, for other defense
activities, $54,000.
(22) Appropriations for the Nuclear Regulatory Commission,
for salaries and expenses, $26,000.
(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;
[[Page H10710]]
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 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.
[[Page H10711]]
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 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.
[[Page H10712]]
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect
from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds 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
[[Page H10713]]
Beaubrun, Leslie Grimar, Joseph Chilove, Michel Gonzalez, and
Jean-Hubert Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon
by President Rene Preval;
(3) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau,
Jr., and was credibly alleged to have ordered, carried out,
or materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to
have planned, ordered, or participated with members of the
Haitian Armed Forces in--
(A) the September 1991 coup against any person who was a
duly elected government official of Haiti (or a member of the
family of such official), or
(B) the murders of thousands of Haitians during the period
1991 through 1994; or
(5) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned,
ordered, or participated in acts of violence against the
Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise
be excluded under this section is necessary for medical
reasons or such person has cooperated fully with the
investigation of these political murders. If the Secretary of
State exempts any such person, the Secretary shall notify the
appropriate congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list
of those who have been credibly alleged to have ordered or
carried out the extrajudicial and political killings
mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided
under paragraph (1) to the appropriate congressional
committees not later than 3 months after the date of
enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and
the Attorney General shall submit to the appropriate
congressional committees a list of aliens refused entry to
the United States as a result of this provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of
enactment of this Act and not later than March 1 of each year
thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and
political killings and has not prosecuted those implicated
for the killings specified in paragraph (1) of subsection
(a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on
International Relations and the Committee on Appropriations
of the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
Sec. 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
[[Page H10714]]
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 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.';
[[Page H10715]]
``(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.
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
[[Page H10716]]
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 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
[[Page H10717]]
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 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
[[Page H10718]]
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 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
[[Page H10719]]
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 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.
[[Page H10720]]
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
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.
[[Page H10721]]
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 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,
[[Page H10722]]
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 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
[[Page H10723]]
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 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
[[Page H10724]]
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 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
[[Page H10725]]
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 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
[[Page H10726]]
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 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
[[Page H10727]]
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 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
[[Page H10728]]
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.''.
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.
[[Page H10729]]
(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
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.
[[Page H10730]]
(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.
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.
[[Page H10731]]
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.
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
[[Page H10732]]
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
(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
[[Page H10733]]
(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
(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
[[Page H10734]]
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.''.
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.''.
[[Page H10735]]
(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--
(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.--
[[Page H10736]]
(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.
(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
[[Page H10737]]
(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 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
[[Page H10738]]
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.).
(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;
[[Page H10739]]
(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;
(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.
[[Page H10740]]
(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 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
[[Page H10741]]
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.''.
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
[[Page H10742]]
``(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'';
(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:
[[Page H10743]]
``(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
(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;''.
[[Page H10744]]
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 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).''.
[[Page H10745]]
(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--
``(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;
[[Page H10746]]
(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.
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.
[[Page H10747]]
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 COUNTERTER- RORISM.
(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.''.
(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;
[[Page H10748]]
``(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 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--
[[Page H10749]]
``(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''.
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
[[Page H10750]]
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.
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--
[[Page H10751]]
(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
(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.
[[Page H10752]]
(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
(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.
[[Page H10753]]
(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.
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
[[Page H10754]]
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
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
[[Page H10755]]
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
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
[[Page H10756]]
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 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
[[Page H10757]]
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.
(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.
The text of the House amendment to the Senate amendments is as
follows:
House amendment to Senate Amendments.
On page 1, line 1, strike all through line 7.
On page 1, line 8, strike ``The'' and insert ``That that''.
On page 2, line 2, strike all from ``to'' through ``Act,''
on line 3.
On page 11, line 20, after the word ``fund'' insert
``described in section 172 of this Act''.
On page 12, line 8, strike ``all''.
On page 34, line 16, after ``or'' insert ``previously''.
On page 44, line 15, before the period, insert: ``, except
that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects''.
On page 46, after line 9, insert:
(c) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar
days after the end of each fiscal quarter starting October 1,
1997, the District of Columbia Financial Responsibility and
Management Assistance Authority shall submit
[[Page H10758]]
a report to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Government
Reform and Oversight of the House, and the Committee on
Governmental Affairs of the Senate providing an itemized
accounting of all non-appropriated funds obligated or
expended by the Authority for the quarter. The report shall
include information on the date, amount, purpose, and vendor
name, and a description of the services or goods provided
with respect to the expenditures of such funds.
On page 47, line 21 strike ``$5,000,000'' and insert
``$12,000,000''.
On page 59, line 11 strike ``(f)'' and insert ``(e)''.
On page 77, line 17, strike all through page 78, line 2.
On page 78, after line 2, insert the following:
Sec. 166. Notwithstanding any other provision of Federal or
District of Columbia law applicable to a reemployed
annuitant's entitlement to retirement or pension benefits,
the Director of the Office of Personnel Management may waive
the provisions of section 8344 of title 5 of the United
States Code for any reemployed annuitants appointed
heretofore or hereafter as a Trustee under section 11202 or
11232 of the National Capital Revitalization and Self-
Government Improvement Act of 1997, or, at the request of
such a Trustee, for any employee of such Trustee.
Sec. 167. Section 2203(i)(2)(A) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
3009-504; D.C. Code 31-2853.13(i)(2)(A)) is amended to read
as follows:
``(A) In general.--
``(i) Annual limit.--Subject to subparagraph (B) and clause
(ii), during calendar year 1997, and during each subsequent
calendar year, each eligible chartering authority shall not
approve more than 10 petitions to establish a public charter
school under this subtitle.
``(ii) timetable.--Any petition approved under clause (i)
shall be approved during an application approval period that
terminates on April 1 of each year. Such an approval period
may commence before or after January 1, of the calendar year
in which it terminates, except that any petition approved
at any time during such an approval period shall count,
for purposes of clause (i), against the total number of
petitions approved during the calendar year in which the
approval period terminates.''.
Sec. 168. Section 2205(a) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
1321-122; D.C. code 31 2853.15(a)) is amended by striking
``7,'' and inserting ``15,''.
Sec. 169. Section 221(g) of the District of Columbia School
Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-133;
D.C. Code 31-2853.24(g)) is amended by inserting ``to the
Board'' after ``appropriated''.
Sec. 170. Section 2401(b)(3)(B) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
1321-137; D.C. Code 31-2853.41(b)(3)(B)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) to whom the school provides room and board in a
residential setting.''.
Sec. 171. Section 2401(b)(3) of the District of Columbia
School Reform Act of 1995 (Public Law 104-134; 110 Stat.
1321-137; D.C. Code 31-2853.41(b)(3) is amended by adding at
the end the following:
``(C) Adjustment for facilities costs.--Notwithstanding
paragraph (2), the Mayor and the District of Columbia
Council, in consultation with the Board of Education and the
Superintendent, shall adjust the amount of the annual payment
under paragraph (1) to increase the amount of such payment
for a public charter school to take into account leases or
purchases of, or improvements to, real property, if the
school, not later than April 1 of the fiscal year preceding
the payment, requests such an adjustment.''.
Sec. 172. (a) Payments to New Charter Schools.--Section
2403(b) of the District of Columbia School Reform Act of 1995
(Public Law 104-134; 110 Stat. 1321-140; D.C. Code 31-
2853.43(b) is amended to read as follows:
``(b) Payments to New Schools.--
``(1) Establishment of fund.--There is established in the
general fund of the District of Columbia a fund to be known
as the `New Charter School Fund'.
``(2) Contents of fund.--The New Charter School Fund shall
consist of--
``(A) unexpended and unobligated amounts appropriated from
local funds for public charter schools for fiscal year 1997
and subsequent fiscal years that reverted to the general fund
of the District of Columbia;
``(B) amounts credited to the fund in accordance with this
subsection upon the receipt by a public charter school
described in paragraph (5) of its first initial payment under
subsection (a)(2)(A) or its first final payment under
subsection (a)(2)(B); and
``(C) any interest earned on such amounts.
``(3) Expenditures from fund.--
``(A) In general.--Not later than June 1, 1998, and not
later than June 1 of each year thereafter, the Chief
Financial Officer of the District of Columbia shall pay, from
the New Charter School fund, to each public charter school
described in paragraph (5), an amount equal to 25 percent of
the amount yielded by multiplying the uniform dollar amount
used in the formula established under section 2401 (b) by the
total anticipated enrollment as set forth in the petition to
establish the public charter school.
``(B) Pro rata reduction.--If the amounts in the New
Charter School Fund for any year are insufficient to pay the
full amount that each public charter school described in
paragraph (5) is eligible to receive under this subsection
for such year, the Chief Financial Officer of the District of
Columbia shall ratably reduce such amounts for such year on
the basis of the formula described in section 2401(b).
``(C) Form of payment.--Payments under this subsection
shall be made by electronic funds transfer from the New
Charter School Fund to a bank designated by a public charter
school.
``(4) Credits to fund.--Upon the receipt by a public
charter school described in paragraph (5) of--
``(A) its first initial payment under subsection (a)(2)(A),
the Chief Financial Officer of the District of Columbia shall
credit the New Charter School Fund with 75 percent of the
amount paid to the school under paragraph (3); and
``(B) its first final payment under subsection (a)(2)(B),
the Chief Financial Officer of the District of Columbia shall
credit the New Charter School Fund with 25 percent of the
amount paid to the school under paragraph (3).
``(5) Schools described.--A public charter school described
in this paragraph is a public charter school that--
``(A) did not enroll any students during any portion of the
fiscal year preceding the most recent fiscal year for which
funds are appropriated to carry out this subsection; and
``(B) operated as a public charter school during the most
recent fiscal year for which funds are appropriated to carry
out this subsection.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to the Chief Financial Officer
of the District of Columbia such sums as may be necessary to
carry out this subsection for each fiscal year.''.
(b) Reduction of Annual Payment.--
(1) Initial payment.--Section 2403(a)(2)(A) of the District
of Columbia School Reform Act (Public Law 104-134; 110 Stat.
1321-139; D.C. Code 31-2853.43(a)(2)(A)) is amended to read
as follows:
``(A) Initial payment.--
``(i) In general.--Except as provided in clause (ii), not
later than October 15, 1996, and not later than October 15 of
each year thereafter, the Mayor shall transfer, by electronic
funds transfer, an amount equal to 75 percent of the amount
of the annual payment for each public charter school
determined by using the formula established pursuant to
section 2401(b) to a bank designated by such school.
``(ii) Reduction in case of new school.--In the case of a
public charter school that has received a payment under
subsection (b) in the fiscal year immediately preceding the
fiscal year in which a transfer under clause (i) is made, the
amount transferred to the school under clause (i) shall be
reduced by an amount equal to 75 percent of the amount of the
payment under subsection (b).''.
(2) Final payment.--Section 2403(a)(2)(B) of the District
of Columbia School Reform Act (Public Law 104-134; 110 Stat.
1321-139; D.C. Code 31-2853.43(a)(2)(B)) is amended--
(A) in clause (i)--
(i) by inserting ``In general.--before ``Except''; and
(ii) by striking ``clause (ii),'' and inserting ``clauses
(ii) and (iii),'';
(B) in clause (ii), by inserting ``Adjustment for
enrollment.--'' before ``Not later than March 15, 1997,'';
and
(C) by adding at the end the following:
``(iii) Reduction in case of new school.--In the case of a
public charter school that has received a payment under
subsection (b) in the fiscal year immediately preceding the
fiscal year in which a transfer under clause (i) is made, the
amount transferred to the school under clause (i) shall be
reduced by an amount equal to 25 percent of the amount of the
payment under subsection (b).''.
This title may be cited as the ``District of Columbia
Appropriations Act, 1998''.
On page 99, line 22, strike all through line 23.
On page 100, line 1, strike all through page 708, line 7.
Motion Offered by Mr. Livingston
Mr. LIVINGSTON. Mr. Speaker, I offer a motion.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Livingston moves that the House concur in the amendment
of the Senate to the text of H.R. 2607 with an amendment and
disagrees to the Senate amendment to the title.
The SPEAKER pro tempore. Pursuant to House Resolution 324, the
gentleman from Louisiana [Mr. Livingston] and the gentleman from
Virginia [Mr. Moran] each will control 30 minutes.
The gentleman from Louisiana [Mr. Livingston] is recognized.
General Leave
Mr. LIVINGSTON. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on the motion to concur in the Senate amendment and that I may be
permitted to include tabular and extraneous material.
[[Page H10759]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Louisiana?
There was no objection.
Mr. LIVINGSTON. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am pleased to present to the House the final agreement
which we were able to reach with the Senate on the District of Columbia
Appropriations Act for fiscal year 1998. The House passed the bill on
October 9. And the Senate passed the bill, with an amendment, last
Sunday evening.
Our final agreement includes $855 million in Federal funds and is
within the committee's overall 302 allocation in both budget authority
and outlays. The final agreement is $7 million above the Senate bill
and will provide a total of $12 million for the U.S. Park Police.
Mr. Speaker, it is the intent of Congress that this $12 million will
be considered as new funding and is not to be offset against any
existing appropriations now or in the future.
{time} 2345
In District funds, the final agreement provides $5 billion, which
includes $270 million for capital programs.
Mr. Speaker, this final agreement includes the charter school
language that was in the House bill, with the exception of the
provision allowing charter schools to lease D.C. public school
facilities for a dollar a year.
I would like to mention that the Senate deleted the $7 million that
was in the House bill for school vouchers and passed a separate
freestanding bill, Senate bill 1502. I would expect all supporters of
the District of Columbia school voucher program to support this bill
when it comes to the floor.
I might only add, Mr. Speaker, that as has been indicated in the
debate on the rule, title II of the bill provides for the Nicaraguan
Adjustment and Central American Relief Act, which is clarification of
eligibility for relief from removal and deportation for certain aliens.
I would like to thank all members of the subcommittee, especially the
gentleman from North Carolina [Mr. Taylor], and all the staff that have
done such a great job on this bill. I think what we have here is a good
agreement with the other body. I urge all Members to support it.
Mr. Speaker, I include the following tabular material for the Record:
[[Page H10760]]
[GRAPHIC] [TIFF OMITTED] TH12NO97.003
[[Page H10761]]
[GRAPHIC] [TIFF OMITTED] TH12NO97.004
[[Page H10762]]
Mr. Speaker, I reserve the balance of my time.
Mr. MORAN of Virginia. Mr. Speaker, I yield myself such time as I may
consume. I rise in support of the motion offered by the gentleman from
Louisiana to concur in the Senate amendment to the D.C. appropriations
bill, with an amendment.
Mr. Speaker, the Senate amendment is essentially what we call the
Moran substitute. I offered it on the House floor when the D.C. bill
came up. It does include a new title which provides relief for
Nicaraguan and Central American refugees.
I totally agree with the comments of the gentlewoman from Florida
[Mrs. Meek], the gentleman from Florida [Mr. Hastings], the gentlewoman
from Texas [Ms. Jackson-Lee], and the gentleman from California [Mr.
Becerra]. It is wrong to exclude Haitian refugees in this; there is no
question about it. I think that that is very unfortunate.
However, this bill needs to be passed. The reality is, D.C. needs its
money. We have a fiscal crisis. This is a substantial improvement over
the House-passed bill. We will hear from the gentlewoman from the
District of Columbia [Ms. Norton] shortly. It has bipartisan support.
It supports the Federal revitalization package that this Congress
passed last year.
With the adoption of the Senate amendment, we have a bill that the
President will sign. The Senate amendment has several key features that
are similar to the original House bill. It provides the same $828
million. The funds are distributed a little differently but they are
just the way that the Control Board and the D.C. government feel they
ought to be distributed.
Also, like the House bill, the Senate amendment will ensure that the
District continues to make progress to reduce its accumulated deficit.
$200 million goes into deficit reduction. This is the bill that was the
consensus budget submitted by the D.C. Council, the mayor and the D.C.
Financial Control Board.
Most important, these provisions that the Senate amendment has do not
contain all the micromanagement and the legislative riders that were in
the House bill that caused such problems and delayed consideration of
the bill. It drops the authorizing language and appropriations for D.C.
vouchers. That would have ensured a presidential veto. It drops the
part that forced the closure of the D.C. law school. It keeps
Pennsylvania Avenue closed regardless of what Members think about that.
That would have been a very controversial issue with the
administration.
We are 43 days into the fiscal year. We have got to act immediately.
The District of Columbia government is 43 days behind in implementing
the management and financial reforms that we all know are sorely
needed. The Control Board is eager to begin its work. It cannot do so
until we get this bill completed.
Mr. Speaker, the Senate amendment and the amendments that are offered
by the chairman of this committee deserve our strong support. The
chairman's amendment makes several technical adjustments. It adds the
charter school provisions that were contained in the original House-
passed bill, with the exception, there is an exception, it takes out
the provision that would have sold D.C. school facilities for a dollar
a year. That has to be taken out. It is a matter of about $20 million
the D.C. school system needs. The D.C. school system agreed with
Parents United in the court suit that that money would be spent on
rehabilitating existing school facilities.
That was the right amendment, the Senate amendment, with the
exception of title II certainly, but the Senate amendment deserves our
strong support. The D.C. government deserves better than it has gotten
so far in this fiscal year. I do urge all my colleagues to support the
motion offered by the gentleman from Louisiana and urge its adoption.
Mr. Speaker, I yield 2 minutes to the gentlewoman from the District
of Columbia [Ms. Norton].
Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding me this
time. I thank him for his hard work on this bill. I thank the gentleman
from Louisiana [Mr. Livingston] and the many people on both sides of
the aisle who contributed to finally getting this bill out.
Before I say a word on this bill, I want to thank the gentlewoman
from Florida and the gentleman from Florida who have helped us to
expedite this bill by not calling for a recorded vote. I want to
promise them that I will stand with them so that we get a vote the
first week we come back on Haiti.
This may not be a moment of truth but it has arrived. We must get the
D.C. appropriation out tonight. We have a bipartisan compromise only
because of the hard work of people on both sides of the aisle. No one
has gained much. Everybody has given up a lot in order to get this bill
through. We have tried to accommodate all reasonable requests.
It is not the bill I would have wanted. No one has had to compromise
more than I have, Mr. Speaker. The bill has no new Federal money, only
rescue package money. It is $4.2 billion raised exclusively in the
District of Columbia, 6 weeks late in getting permission to spend our
own money.
Congress, and the gentleman from North Carolina [Mr. Taylor] in
particular, who had the oversight here, openly spoke to the District
that it should use the surplus to pay down the deficit, and that is
exactly what the District in response to him has done. The city and the
Control Board have come forward with a budget that is balanced a year
ahead of time, almost all of the surplus used in exactly the way the
Congress has suggested.
There is a lot I would change. I want to thank everyone for helping
do what I think we will do in a few minutes and get this bill out so
that the District of Columbia can begin to spend its own money.
Mr. LIVINGSTON. Mr. Speaker, I yield 1 minute to the gentleman from
California [Mr. Cunningham], a distinguished member of the
subcommittee.
Mr. CUNNINGHAM. Mr. Speaker, I would like to say that the gentlewoman
from the District of Columbia has legitimate concerns. I do not know of
anyone in the House that represents a more difficult area, and I
believe her when she said she would spend her own money to help.
I would beseech all of my colleagues to take a look especially at the
education school system within D.C. You have got the majority of
children that start the ninth grade do not finish. You have illiteracy
that comes out of your juniors and seniors out of your schools. They
need help. They are reaching out.
Regardless of where our politics are on the different education
issues, all of us need to reach out. But the average is $10,000 plus
per student. The answer is not just more dollars per student but some
of the reforms that we are going through to spend the money wisely.
I would like to thank not only the gentlewoman from the District of
Columbia for her energy but the gentleman from Virginia [Mr. Moran],
the ranking minority member, for working together on this bill. I urge
its passage.
Mr. MORAN of Virginia. Mr. Speaker, I yield myself such time as I may
consume. In the interest of time we are not going to have other
speakers, but I would like to extend our appreciation to some people
like the gentleman from Florida [Mr. Hastings] and the gentlewoman from
Florida [Mrs. Meek]. They could have delayed their colleagues' time
considerably tonight. They chose not to, but it is an issue that they
have very legitimate and deep feelings about.
I think the gentleman from North Carolina [Mr. Taylor] should be
recognized for his conscientious effort on this bill. We disagreed on a
number of provisions, but he applied himself and spent a lot of time on
this; certainly the gentleman from Louisiana [Mr. Livingston], the
chairman of the full committee, and the gentleman from Wisconsin [Mr.
Obey], the ranking member of the full committee.
The staff deserves some recognition: Migo Miconi, he is a walking
encyclopedia of the District of Columbia; Mike Fischetti, Mary Porter,
Tom Forhan, Cheryl Smith. I would like to give some recognition to Mike
Brown, my personal staff person, who spent hours, days, months really
working on this bill and he did a tremendous job on it. I should have
recognized him last time when it came to the floor. Cedric Hendricks
has done such great work on the authorizing committee for the
gentlewoman from the District of Columbia [Ms. Norton].
I would also like to give some recognition to the gentleman from
Virginia [Mr. Davis], the chairman of the
[[Page H10763]]
authorizing committee. He has done a real fine job in getting this bill
through, and in a way that the President can sign it and give the money
to the District that it sorely needs.
Mr. Speaker, I yield back the balance of my time.
Mr. LIVINGSTON. Mr. Speaker, I yield myself such time as I may
consume. I would point out that I wholeheartedly agree with the
accolades bestowed by the gentleman from Virginia. I would like to
thank him for all of his cooperation. It has helped bring about this
moment. It is overdue. We want to get the District of Columbia
adequately funded and pass this bill as quickly as possible.
I want to add a special commendation, though, for the gentleman from
North Carolina [Mr. Taylor], who has had lots of farsighted ideas on
how to put the District of Columbia on firm fiscal footing. I think he
is a man ahead of his time. Many of his ideas will be adopted but some
of them just could not pass through muster at this time.
I thank the gentleman from Virginia [Mr. Moran], I thank the
gentleman from North Carolina [Mr. Taylor], I thank the gentlewoman
from the District of Columbia [Ms. Norton], the gentleman from Virginia
[Mr. Davis], and all of the staff who have lent a hand in putting this
bill together. I congratulate all the Members of the House and look
forward to their wholehearted, enthusiastic passage of this bill.
Ms. BROWN of Florida. Mr. Speaker, I would like to call attention to
what I believe is a human rights travesty happening right here in this
country. First, we should not be considering immigration issues on the
appropriations bill for the District of Columbia. Second, we should not
be discriminating against our neighbors in this Hemisphere, the
Haitians, with regard to our immigration policy.
Mr. Speaker, this bill has provisions to grant certain groups of
immigrants permanent residence and others have extensions of time for
consideration of their applications. The Haitians have been given
absolutely no special provisions, even though many of them have been
persecuted, just miles from our shores.
This is a disgrace because it is blatant discrimination, that the
conferees failed to correct, and tonight, the Rules Committee failed to
correct.
Mr. Speaker, I have seen the Rules Committee make far more drastic
changes to bills than what would have been required here to restore
fairness to our immigration policy.
Mr. Speaker, correcting the U.S. immigration policy with regard to
Haitians should be the first priority in the second session of the
105th Congress. I intend to make sure it happens. We need to treat our
neighbors with dignity and respect, and most of all, treat them fairly.
Mr. LIVINGSTON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). All time for debate has
expired.
Pursuant to House Resolution 324, the previous question is ordered.
The question is on the motion offered by the gentleman from Louisiana
[Mr. Livingston].
The motion was agreed to.
A motion to reconsider was laid on the table.
____________________