[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10807-H10864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING COMMUNICATIONS ACT OF 1934
Mr. BLILEY. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 1354) to amend the Communications Act of 1934 to
provide for the designation of common carriers not subject to the
jurisdiction of a State commission as eligible telecommunications
carriers.
The Clerk read as follows:
S. 1354
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF COMMUNICATIONS ACT OF 1934.
Section 214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)) is amended--
(1) by striking ``(2) or (3)'' in paragraph (1) and
inserting ``(2), (3), or (6)'';
(2) by striking ``interstate services,'' in paragraph (3)
and inserting ``interstate services or an area served by a
common carrier to which paragraph (6) applies,'';
(3) by inserting ``(or the Commission in the case of a
common carrier designated under paragraph (6))'' in paragraph
(4) after ``State commission'' each place such term appears;
(4) by inserting ``(or the Commission under paragraph
(6))'' in paragraph (5) after ``State commission''; and
(5) by inserting after paragraph (5) the following:
``(6) Common carriers not subject to state commission
jurisdiction.--In the case of a common carrier providing
telephone exchange service and exchange access that is not
subject to the jurisdiction of a State commission, the
Commission shall upon request designate such a common carrier
that meets the requirements of paragraph (1) as an eligible
telecommunications carrier for a service area designated by
the Commission consistent with applicable federal and State
law. Upon request and consistent with the public interest,
convenience and necessity, the Commission may, with respect
to an area served by a rural telephone company, and shall, in
the case of all other areas, designate more than one common
carrier as an eligible telecommunications carrier for a
service area designated under this paragraph, so long as each
additional requesting carrier meets the requirements of
paragraph (1). Before designating an additional eligible
telecommunications carrier for an area served by a rural
telephone company, the Commission shall find that the
designation is in the public interest.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia [Mr. Bliley] and the gentleman from Massachusetts [Mr. Markey]
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia [Mr. Bliley].
General Leave
Mr. BLILEY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on S. 1354.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of S. 1354. S. 1354 was brought to
the Committee on Commerce's attention by the gentleman from Arizona
[Mr. Hayworth]. He informed the committee that a technical amendment to
the Communications Act was necessary to avoid local telephone rate
increases in certain parts of the Nation. The committee has reviewed
the bill and agrees that action by the House is necessary at this time.
Under the current universal service provisions of the Communications
Act, only common carriers designated by the States are eligible to
receive Federal universal service support. Unfortunately, this policy
ignores the fact that some common carriers providing service today are
not subject to the jurisdiction of a State commission; most
[[Page H10808]]
notably, some carriers owned or controlled by native Americans. Thus,
many of these common carriers may lose Federal support on January 1,
1998, unless Congress takes action.
S. 1354 corrects this problem by permitting a common carrier that is
not subject to State authority to be designated by the Federal
Communications Commission as eligible to receive Federal universal
service support. S. 1354 will apply to only a limited number of
carriers, but to these carriers' customers, its impacts will be
significant.
It should be noted that nothing in this bill is intended to restrict
or expand the existing jurisdiction of State commissions over any
common carrier. Such determinations are outside the scope of this
legislation.
I thank the gentleman from Arizona [Mr. Hayworth] for his thoughtful
action on this matter and for working with the gentleman from South
Dakota [Mr. Thune]. I also thank the Members of the other body for
taking action on this important matter. I ask that all Members support
passage of S. 1354.
Madam Speaker, I yield such time as he may consume to the gentleman
from Arizona [Mr. Hayworth].
Mr. HAYWORTH. Madam Speaker, I would like to thank my colleague from
Virginia, the distinguished chairman of the Committee on Commerce [Mr.
Bliley] for his consideration and cooperation in this regard.
Madam Speaker, I rise in strong support of S. 1354, and I would be
remiss if I did not also take this time to thank the ranking minority
member of the Committee on Commerce, the gentleman from Michigan [Mr.
Dingell], for his help as well.
Madam Speaker, it is safe to say this is a good bipartisan bill. This
legislation was sponsored in the other body by my colleague from
Arizona Senator McCain, and I would like to publicly thank our senior
Senator for his hard work on this issue.
Madam Speaker, as the chairman mentioned, this bill corrects a
technical glitch in section 214(e) of the Communications Act of 1934
that has created a serious problem for certain telecom carriers,
particularly some Indian tribes. The current language in section 214(e)
does not account for the fact that State commissions in some States
have no jurisdiction over certain carriers. Some, not all, but some
States have no jurisdiction over tribal-owned carriers, which may or
may not be regulated by a tribal authority that is not a State
commission per se. This is especially true in my home State of Arizona
and also in South Dakota.
The failure to account for these situations means that such carriers
may have no way of being designated as a carrier eligible to receive
Federal universal service support which provides intercarrier support
for the provision of telecommunications services in rural and high-cost
areas throughout the United States.
Section 214 as currently written does not consider whether a tribal-
owned carrier is a traditional incumbent local exchange carrier that
provides the core universal services, whether they have previously
received Federal universal support or whether they will be deemed a
carrier of last resort to serve every customer in their service area.
In my home State of Arizona, there are four tribal authority
telephone cooperatives that are not subject to State jurisdiction.
Passing this bill would ensure that these entities can continue to
serve their customers as eligible carriers.
Without this bill, Madam Speaker, customers of these carriers could
face enormous rate increases. For instance, if Gila River in my
district in Arizona lost its Federal universal service support, its
customers could be hit with a $32 monthly charge per subscriber
starting this January, so it is critical that we pass this bill now to
protect these consumers.
Again, I would like to thank my esteemed colleague, the gentleman
from Virginia [Mr. Bliley] for agreeing to bring this bill forward, and
I would urge a ``yes'' vote from all of our colleagues.
Mr. BLILEY. Madam Speaker, I reserve the balance of my time.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this legislation represents a finetuning of provisions
of the Telecommunications Act of 1996 that addresses the universal
service system. The bill before us today allows a common carrier that
is not subject to the jurisdiction of a State commission, including
those telephone companies owned by certain federally-recognized Indian
tribes, to be designated by the Federal Communications Commission as an
eligible telecommunications carrier for universal service funding
purposes.
The Telecommunications Act of 1996 stipulated that State commissions
are authorized to designate which telephone companies are so-called
eligible telecommunications carriers for purposes of universal service
funding. The provisions of the Telecommunications Act, however, did not
account for the fact that in a few instances, States have no
jurisdiction over telephone companies owned by certain federally-
recognized Indian tribes. Because States have no jurisdiction in this
area, such companies would have no way of becoming designated as
eligible telecommunications carriers and receive universal service
support.
{time} 1330
This bill is a technical correction to the statute that is entirely
consistent with the Telecommunications Act of 1996. The bill ensures
that telephone companies currently receiving support for universal
service can continue to do so whether the designation of eligible
telecommunications carrier is made by the State commission or, in the
case of a company not subject to State jurisdiction, by the Federal
Communications Commission.
I want to congratulate the gentleman from Virginia [Mr. Bliley], for
his work on this issue; the gentleman from South Dakota [Mr. Thune] for
his work on this issue; and the gentleman from Arizona [Mr. Hayworth]
for his work in ensuring that we do have an equitable and universal
application of a plan constructed in the 1930's which has served our
Nation well.
The universal service system of telecommunications was originated as
good economic policy: Let us bring the whole country together, not just
the 35 or 40 percent that had telephones in the middle of the 1930's,
but let us have every home in America with access to it.
It turned out to be not just good economic policy, but it turned out
to be good social policy as well because it helped to knit our country
together, that families could call each other wherever they were in the
country, business could be conducted anywhere in the country. This
amendment seeks to clarify an omission so that these particular Indian
tribes are not excluded, and I want to congratulate the Members that
have brought the issue to our attention.
Madam Speaker, I reserve the balance of my time.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Mr. THUNE. Madam Speaker, will the gentleman yield?
Mr. BLILEY. I yield to the gentleman from South Dakota.
Mr. THUNE. Madam Speaker, I want to credit the distinguished chairman
for his hard work on this bill.
It is my understanding that the bill before us is specifically
intended to provide a clear mechanism to designate eligible
telecommunications carriers, pursuant to section 214(e) of the
Communications Act of 1934, for common carriers not subject to the
jurisdiction of State commissions, for purposes of the universal
service fund. In essence, the bill would ensure such common carriers
have access to universal service funds under section 214(e) of the
Communications Act of 1934. Am I correct in that understanding?
Mr. BLILEY. Madam Speaker, the gentleman is correct. The
Telecommunications Act of 1996 introduced a new requirement that State
commissions determine which common carriers would be designated
eligible for universal service funds. The act, however, did not
contemplate that certain carriers may fall outside the jurisdiction of
a State commission.
Mr. THUNE. Madam Speaker, I thank the gentleman. If the gentleman
would yield further, I would like to ask one other question, if I
might.
There are some that have expressed concerns that this bill may have
implications beyond the question of determining eligibility for the
universal
[[Page H10809]]
service fund to questions of jurisdiction between States and tribal
entities. Am I correct in understanding that nothing in this bill is
intended to expand or restrict the existing jurisdiction of State
commissions over any common carrier or provider in any particular
situation?
Mr. BLILEY. Madam Speaker, the gentleman is correct, that nothing in
this bill is intended to impact litigation regarding jurisdiction
between State and federally recognized tribal entities. Such
determinations are outside the scope of this legislation. The intent of
this bill is to cover such situations where a State commission lacks
jurisdiction over a carrier, in which case the FCC determines who is
eligible to receive Federal universal service support.
Mr. THUNE. Madam Speaker, I thank the gentleman from Virginia [Mr.
Bliley], the chairman of the committee, and I thank the gentleman from
Massachusetts [Mr. Markey] and the gentleman from Arizona [Mr.
Hayworth] for working with me to clarify this issue.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume
to again congratulate all of the Members who worked on this
legislation, and to add in the name of the gentleman from Arizona [Mr.
Pastor], who is also quite concerned about this issue, and the
gentleman from Michigan [Mr. Kildee], who has expressed great interest
in ensuring that there is an equitable distribution of this benefit.
With that, I would hope that the Members of the House would accept
this bill.
Mr. TAUZIN. Mr. Speaker, I rise in support of S. 1354. This bill
would clarify a provision of the Communications Act regarding universal
service. A change in the existing law is necessary to ensure that local
telephone rates for Native Americans, and possibly other consumers, do
not rise.
Universal Service is based on the premise that all Americans should
have access to telephone service at affordable rates. This long-
standing principle is beneficial to all Americans: the more people that
are connected to the telephone network, the more valuable the network
is to each of us.
Failure to enact S. 1354, may force rates to increase for local
telephone service in many Native American communities as a result of
certain carriers being excluded from the definition of an ``eligible
telecommunications carrier'' under the Communications Act. S. 1354
makes a technical correction to the Act that will make it possible for
telephone companies serving areas not subject to the jurisdiction of a
State Commission, to be eligible to receive federal Universal Service
support. The support will be necessary to keep local telephone rates
affordable in these areas.
Supporting S. 1354 at this time is critical because federal support
for many of these carriers that serve Native Americans may run out as
early as January 1, 1998.
Let me take a moment to extend my appreciation to Mr. Hayworth of
Arizona and Mr. Thune of South Dakota for working together on this
important matter. These gentleman have been champions of this issue in
the House and it is with their help that we are here today.
The other body has properly passed this bill and has sent it to the
House for our consideration. I am hopeful that we can pass this bill
and it can be signed into law relatively shortly.
I ask that all Members support S. 1354 and I reserve the balance of
my time.
Mr. MARKEY. Madam Speaker, I yield back the balance of my time.
Mr. BLILEY. Madam Speaker, I thank the gentleman from Massachusetts
for his kind words, and I urge the passage of the bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). All time has expired.
The question is on the motion offered by the gentleman from Virginia
[Mr. Bliley] that the House suspend the rules and pass the Senate bill,
S. 1354.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
_______________________________________________________________________
N O T I C E
Incomplete record of House proceedings. Except for the matter which
follows,
today's House proceedings will be continued in the next issue of the
Record.
_______________________________________________________________________
CONFERENCE REPORT ON H.R. 2267, DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
Mr. ROGERS submitted the following conference report and statement on
the bill (H.R. 2267) making appropriations for the Department of
Commerce, Justice, and State, the judiciary, and related agencies for
the fiscal year ending September 30, 1998, and for other purposes:
Conference Report (H. Rept. 105-405)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2267) ``making appropriations 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'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $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
paragraph shall be available only after the Attorney
General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 605 of this Act.
In addition, for necessary expenses, as determined by the
Attorney General, $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,
[[Page H10810]]
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.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $7,969,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $75,495,000: Provided, That notwithstanding any
other provision of law, not to exceed $70,000,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the General Fund
estimated at not more than $5,495,000: Provided further, That
any fees received in excess of $70,000,000 in fiscal year
1998, shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative
agreements, $972,460,000; of which not to exceed $2,500,000
shall be available until September 30, 1999, for (1) training
personnel in debt collection, (2) locating debtors and their
property, (3) paying the net costs of selling property, and
(4) tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended:
Provided further, That not to exceed $1,200,000 for the
design, development, and implementation of an information
systems strategy for D.C. Superior Court shall remain
available until expended: Provided further, That not to
exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided
further, That not to exceed $2,000,000 shall remain
available until expended for the expansion of existing
Violent Crime Task Forces in United States Attorneys
Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force
agreements, however denominated, and contracts with State
and local prosecutorial and law enforcement agencies
engaged in the investigation and prosecution of violent
crimes, including bank robbery and carjacking, and drug
trafficking: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to
the Office of the United States Attorneys, not to exceed
8,948 positions and 9,113 full-time equivalent workyears
shall be supported from the funds appropriated in this Act
for the United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $62,828,000,
to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds 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.
[[Page H10811]]
Assets Forfeiture Fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $4,381,000.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be
used under authorities available to the organizations
reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of
the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in
succeeding fiscal years, subject to the reprogramming
procedures described in section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor
vehicles, of which 2,270 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,750,921,000; of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 1999; of which not less
than $221,050,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not to
exceed $98,400,000 shall remain available until expended; of
which not to exceed $10,000,000 is authorized to be made
available for making advances for expenses arising out of
contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall
be available to maintain an independent program office
dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of
fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in
this Act may be used to provide ballistics imaging equipment
to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''),
$179,121,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $102,127,000 shall be for activities authorized by
section 190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $57,994,000 shall be for activities
authorized by section 190001(b) of the 1994 Act; $4,000,000
shall be for training and investigative assistance authorized
by section 210501 of the 1994 Act; $9,500,000 shall be for
grants to States, as authorized by section 811(b) of the
Antiterrorism Act; and $5,500,000 shall be for establishing
DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange
of DNA identification information, and related activities
authorized by section 210501 of the 1994 Act.
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $44,506,000, to remain
available until expended.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,602 passenger motor vehicles, of which 1,410 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $723,841,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement retrofit and parts, shall remain
available until September 30, 1999; and of which not to
exceed $50,000 shall be 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; $1,657,886,000 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 Immigration and
Naturalization Service 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
[[Page H10812]]
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), $608,206,000,
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; $2,821,642,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the FPS, furnish health services to individuals committed to
the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new
facilities shall remain available until September 30, 1999:
Provided further, That of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $26,135,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund.
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$255,133,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation: Provided further, That not to exceed 10
percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred
to ``Salaries and Expenses'', Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of
this Act: Provided further, That, of the total amount
appropriated, not to exceed $2,300,000 shall be available for
the renovation and construction of United States Marshals
Service prisoner-holding facilities.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures 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: Provided, That, of funds
appropriated under this heading, such funds are available as
may be necessary to carry out the orderly termination of the
Ounce of Prevention Council.
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, $509,000,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $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, including $2,097,000 which shall be available to
the Executive Office of United States Attorneys to support
the National District Attorneys Association's
participation in legal education training at the National
Advocacy Center.
Violent Crime Reduction Programs, State and Local Law Enforcement
Assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); $2,382,400,000, 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: Provided further,
That for the purpose of eligibility for the Local Law
Enforcement Block Grant Program in the State of Louisiana,
parish sheriffs are to be considered the unit of local
government under section 108 of H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records,
as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the
National Child Protection Act of 1993; of which $42,500,000
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
[[Page H10813]]
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, of which $25,000,000
shall be available for the Cooperative Agreement Program, and
of which $5,000,000 shall be reserved by the Attorney General
for fiscal year 1998 under section 20109(a) of subtitle A of
title II of the 1994 Act; of which $7,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized
by section 218 of the 1990 Act; of which $2,000,000 shall be
for Child Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act;
of which $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 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; and of
which $250,000,000 shall be for Juvenile Accountability
Incentive Block Grants pursuant to Title III of H.R. 3 as
passed by the House of Representatives on May 8, 1997:
Provided further, That notwithstanding the requirements of
H.R. 3, a State, or unit of local government within such
State, shall be eligible for a grant under this program if
the Governor of the State certifies to the Attorney
General, consistent with guidelines established by the
Attorney General in consultation with Congress, that the
State is actively considering, or will consider within one
year from the date of such certification, legislation,
policies, or practices which if enacted would qualify the
State for a grant under section 1802 of H.R. 3: Provided
further, That 3 percent shall be available to the Attorney
General for research, evaluation, and demonstration
consistent with this program and 2 percent shall be
available to the Attorney General for training and
technical assistance consistent with this program:
Provided further, That not less than 45 percent of any
grant provided to a State or unit of local government
shall be spent for the purposes set forth in paragraphs
(3) through (9), and not less than 35 percent shall be
spent for the purposes set forth in paragraphs (1), (2)
and (10) of section 1801(b) of H.R. 3, unless the State or
unit of local government certifies to the Attorney General
or the State, whichever is appropriate, that the interests
of public safety and juvenile crime control would be
better served by expending its grant for other purposes
set forth under section 1801(b) of H.R. 3: Provided
further, That the Federal share limitation in section
1805(e) of H.R. 3 shall be 50 percent in relation to the
costs of constructing a permanent juvenile corrections
facility: Provided further, That prior to receiving a
grant under this program, a unit of local government must
establish a coordinated enforcement plan for reducing
juvenile crime, developed by a juvenile crime enforcement
coalition, such coalition consisting of individuals
representing the police, sheriff, prosecutor, State or
local probation services, juvenile court, schools,
business, and religious affiliated, fraternal, non-profit,
or social service organizations involved in crime
prevention: Provided further, That the conditions of
sections 1802(a)(3) and 1802(b)(1)(C) of H.R. 3 regarding
juvenile adjudication records require a State or unit of
local government to make available to the Federal Bureau
of Investigation records of delinquency adjudications
which are treated in a manner equivalent to adult records:
Provided further, That no State or unit of local
government may receive a grant under this program unless
such State or unit of local government has implemented, or
will implement no later than January 1, 1999, a policy of
controlled substance testing for appropriate categories of
juveniles within the juvenile justice system and funds
received under this program may be expended for such
purpose: Provided further, That the minimum allocation for
each State under section 1803(a)(1)(A) of H.R. 3 shall be
0.5 percent: Provided further, That the terms and
conditions under this heading for juvenile accountability
incentive block grants are effective for fiscal year 1998
only and upon the enactment of authorization legislation
for juvenile accountability incentive block grants,
funding provided in this Act shall from that date be
subject to the provisions of that legislation and any
provisions in this Act that are inconsistent with that
legislation shall no longer have effect: Provided further,
That funds made available in fiscal year 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.
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.
Community Oriented Policing Services
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,400,000,000, to
remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, for Public Safety and
Community Policing Grants pursuant to title I of the 1994
Act: Provided, That not to exceed 186 permanent positions and
186 full-time equivalent workyears and $20,553,000 shall be
expended for program management and administration: Provided
further, That of the unobligated balances available in this
program, $103,000,000 shall be used for innovative community
policing programs, of which $38,000,000 shall be used for a
law enforcement technology program, $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, and $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 enhanced 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, (``the Act''), 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
[[Page H10814]]
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 agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $7,000,000, to remain available
until expended, as authorized by section 214B of the Act.
Public Safety Officers Benefits
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums
as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340); 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 (including a spouse or child
of the principal alien, if eligible to receive a visa under
section 203(d)) of--
``(i) a petition for classification under section 204 that
was filed with the Attorney General on or before January 14,
1998; or
``(ii) an application for a labor certification under
section 212(a)(5)(A) that was filed pursuant to the
regulations of the Secretary of Labor on or before such date;
may apply to the Attorney General for the adjustment of his
or her status to that of an alien lawfully admitted for
permanent residence. The Attorney General''.
(b) Repeal of Sunset for Section 245(i).--Section 506(c) of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1995
(Public Law 103-317; 108 Stat. 1766) is amended to read as
follows:
``(c) The amendment made by subsection (a) shall take
effect on October 1, 1994, and shall cease to have effect on
October 1, 1997. The amendment made by subsection (b) shall
take effect on October 1, 1994.''.
(c) Inapplicability of Certain Provisions of Section 245(c)
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 who 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)) may adjust status
pursuant to subsection (a) and notwithstanding subsection
(c)(2), (c)(7), and (c)(8), 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
[[Page H10815]]
described in clause (i) or (ii)) at any time during the
period beginning September 1, 1939, and ending December 31,
1946, the United States executive department (or successor
thereto) that exercised supervision over such component.
``(B) An executive department specified in subparagraph (A)
may not make a determination under the second sentence of
section 329(a) with respect to the service or separation from
service of a person described in paragraph (1) except
pursuant to a request from the Service.''; and
(3) by adding at the end the following new subsection:
``(d) Implementation.--(1) Notwithstanding any other
provision of law, for purposes of the naturalization of
natives of the Philippines under this section--
``(A) the processing of applications for naturalization,
filed in accordance with the provisions of this section,
including necessary interviews, shall be conducted in the
Philippines by employees of the Service designated pursuant
to section 335(b) of the Immigration and Nationality Act; and
``(B) oaths of allegiance for applications for
naturalization under this section shall be administered in
the Philippines by employees of the Service designated
pursuant to section 335(b) of that Act.
``(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may continue
to be processed, and oaths of allegiance may continue to be
taken in the United States.''.
(c) Repeal.--Section 113 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1440 note), is repealed.
(d) Effective Date; Termination Date.--
(1) Application to pending applications.--The amendments
made by subsection (b) shall apply to applications filed
before February 3, 1995.
(2) Termination date.--The authority provided by the
amendments made by subsection (b) shall expire February 3,
2001.
Sec. 113. Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read
as follows:
``(J) an immigrant who is present in the United States--
``(i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by
that court for long-term foster care due to abuse, neglect,
or abandonment;
``(ii) for whom it has been determined in administrative or
judicial proceedings that it would not be in the alien's best
interest to be returned to the alien's or parent's previous
country of nationality or country of last habitual residence;
and
``(iii) in whose case the Attorney General expressly
consents to the dependency order serving as a precondition to
the grant of special immigrant juvenile status;
Except that--
``(I) no juvenile court has jurisdiction to determine the
custody status or placement of an alien in the actual or
constructive custody of the Attorney General unless the
Attorney General specifically consents to such jurisdiction;
and
``(II) no natural parent or prior adoptive parent of any
alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this Act;
or''.
Sec. 114. Not to exceed $200,000 of funds appropriated
under section 1304 of title 31, United States Code, shall be
available for payment pursuant to the Hearing Officer's
Report in United States Court of Federal Claims No. 93-645X
(June 3, 1996) (see 35 Fed. Cl. 99 (March 7, 1996)).
Sec. 115. (a) Standards for Sex Offender Registration
Programs.--
(1) In general.--Section 170101(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a))
is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``with a designated
State law enforcement agency''; and
(ii) in subparagraph (B), by striking ``with a designated
State law enforcement agency'';
(B) by striking paragraph (2) and inserting the following:
``(2) Determination of sexually violent predator status;
waiver; alternative measures.--
``(A) In general.--A determination of whether a person is a
sexually violent predator for purposes of this section shall
be made by a court after considering the recommendation of a
board composed of experts in the behavior and treatment of
sex offenders, victims' rights advocates, and representatives
of law enforcement agencies.
``(B) Waiver.--The Attorney General may waive the
requirements of subparagraph (A) if the Attorney General
determines that the State has established alternative
procedures or legal standards for designating a person as a
sexually violent predator.
``(C) Alternative measures.--The Attorney General may also
approve alternative measures of comparable or greater
effectiveness in protecting the public from unusually
dangerous or recidivistic sexual offenders in lieu of the
specific measures set forth in this section regarding
sexually violent predators.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``that consists of--''
and inserting ``in a range of offenses specified by State law
which is comparable to or which exceeds the following range
of offenses:'';
(ii) in subparagraph (B), by striking ``that consists of''
and inserting ``in a range of offenses specified by State law
which is comparable to or which exceeds the range of offenses
encompassed by''; and
(D) by adding at the end the following:
``(F) The term `employed, carries on a vocation' includes
employment that is full-time or part-time for a period of
time exceeding 14 days or for an aggregate period of time
exceeding 30 days during any calendar year, whether
financially compensated, volunteered, or for the purpose of
government or educational benefit.
``(G) The term `student' means a person who is enrolled on
a full-time or part-time basis, in any public or private
educational institution, including any secondary school,
trade, or professional institution, or institution of higher
education.''.
(2) Requirements upon release, parole, supervised release,
or probation.--Section 170101(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(b)) is
amended--
(A) in paragraph (1)--
(i) by striking the paragraph designation and heading and
inserting the following:
``(1) Duties of responsible officials.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``or in
the case of probation, the court'' and inserting ``the court,
or another responsible officer or official'';
(II) in clause (ii), by striking ``give'' and all that
follows before the semicolon and inserting ``report the
change of address as provided by State law''; and
(III) in clause (iii), by striking ``shall register'' and
all that follows before the semicolon and inserting ``shall
report the change of address as provided by State law and
comply with any registration requirement in the new State of
residence, and inform the person that the person must also
register in a State where the person is employed, carries on
a vocation, or is a student''; and
(iii) in subparagraph (B), by striking ``or the court'' and
inserting ``, the court, or another responsible officer or
official'';
(B) by striking paragraph (2) and inserting the following:
``(2) Transfer of information to state and fbi;
participation in national sex offender registry.--
``(A) State reporting.--State procedures shall ensure that
the registration information is promptly made available to a
law enforcement agency having jurisdiction where the person
expects to reside and entered into the appropriate State
records or data system. State procedures shall also ensure
that conviction data and fingerprints for persons required
to register are promptly transmitted to the Federal Bureau
of Investigation.
``(B) National reporting.--A State shall participate in the
national database established under section 170102(b) in
accordance with guidelines issued by the Attorney General,
including transmission of current address information and
other information on registrants to the extent provided by
the guidelines.'';
(C) in paragraph (3)(A)--
(i) in the matter preceding clause (i), by striking ``on
each'' and all that follows through ``applies:'' and
inserting the following: ``State procedures shall provide for
verification of address at least annually.''; and
(ii) by striking clauses (i) through (v);
(D) in paragraph (4), by striking ``section reported'' and
all that follows before the period at the end and inserting
the following: ``section shall be reported by the person in
the manner provided by State law. State procedures shall
ensure that the updated address information is promptly made
available to a law enforcement agency having jurisdiction
where the person will reside and entered into the appropriate
State records or data system'';
(E) in paragraph (5), by striking ``shall register'' and
all that follows before the period at 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
[[Page H10816]]
agency'' and inserting ``The State or any agency
authorized by the State''.
(5) Immunity for good faith conduct.--Section 170101(f) of
the Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(f)), as redesignated by subsection (c) of this
section, is amended by striking ``, and State officials'' and
inserting ``and independent contractors acting at the
direction of such agencies, and State officials''.
(6) FBI registration.--(A) Section 170102(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14072(a)(2)) is amended by striking ``and `predatory'
'' and inserting the following: `` `predatory', `employed, or
carries on a vocation', and `student' ''.
(B) Section 170102(a)(3) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14072(a)(3)) is
amended--
(i) in subparagraph (A), by inserting ``in a range of
offenses specified by State law which is comparable to or
exceeds that'' before ``described'';
(ii) by amending subparagraph (B) to read as follows:
``(B) participates in the national database established
under subsection (b) of this section in conformity with
guidelines issued by the Attorney General;''; and
(iii) by amending subparagraph (C) to read as follows:
``(C) provides for verification of address at least
annually;''.
(C) Section 170102(i) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14072(i)) in the matter
preceding paragraph (1), is amended by inserting ``or
pursuant to section 170101(b)(7)'' after ``subsection (g)''.
(7) Pam lychner sexual offender tracking and identification
act of 1996.--Section 10 of the Pam Lychner Sexual Offender
Tracking and Identification Act of 1996 is amended by
inserting at the end the following:
``(d) Effective Date.--States shall be allowed the time
specified in subsection (b) to establish minimally sufficient
sexual offender registration programs for purposes of the
amendments made by section 2. Subsections (c) and (k) of
section 170102 of the Violent Crime Control and Law
Enforcement Act of 1994, and any requirement to issue related
regulations, shall take effect at the conclusion of the time
provided under this subsection for the establishment of
minimally sufficient sexual offender registration
programs.''.
(8) Federal offenders and military personnel.--(A) Section
4042 of title 18, United States Code, is amended--
(i) in subsection (a)(5), by striking ``subsection (b)''
and inserting ``subsections (b) and (c)'';
(ii) in subsection (b), by striking paragraph (4);
(iii) by redesignating subsection (c) as subsection (d);
and
(iv) by inserting after subsection (b) the following:
``(c) Notice of Sex Offender Release.--(1) In the case of a
person described in paragraph (4) who is released from prison
or sentenced to probation, notice shall be provided to--
``(A) the chief law enforcement officer of the State and of
the local jurisdiction in which the person will reside; and
``(B) a State or local agency responsible for the receipt
or maintenance of sex offender registration information in
the State or local jurisdiction in which the person will
reside.
The notice requirements under this subsection do not apply in
relation to a person being protected under chapter 224.
``(2) Notice provided under paragraph (1) shall include the
information described in subsection (b)(2), the place where
the person will reside, and the information that the person
shall be subject to a registration requirement as a sex
offender. For a person who is released from the custody of
the Bureau of Prisons whose expected place of residence
following release is known to the Bureau of Prisons, notice
shall be provided at least 5 days prior to release by the
Director of the Bureau of Prisons. For a person who is
sentenced to probation, notice shall be provided promptly by
the probation officer responsible for the supervision of the
person, or in a manner specified by the Director of the
Administrative Office of the United States Courts. Notice
concerning a subsequent change of residence by a person
described in paragraph (4) during any period of probation,
supervised release, or parole shall also be provided to the
agencies and officers specified in paragraph (1) by the
probation officer responsible for the supervision of the
person, or in a manner specified by the Director of the
Administrative Office of the United States Courts.
``(3) The Director of the Bureau of Prisons shall inform a
person described in paragraph (4) who is released from prison
that the person shall be subject to a registration
requirement as a sex offender in any State in which the
person resides, is employed, carries on a vocation, or is a
student (as such terms are defined for purposes of section
170101(a)(3) of the Violent Crime Control and Law Enforcement
Act of 1994), and the same information shall be provided to a
person described in paragraph (4) who is sentenced to
probation by the probation officer responsible for
supervision of the person or in a manner specified by the
Director of the Administrative Office of the United States
Courts.
``(4) A person is described in this paragraph if the person
was convicted of any of the following offenses (including
such an offense prosecuted pursuant to section 1152 or 1153):
``(A) An offense under section 1201 involving a minor
victim.
``(B) An offense under chapter 109A.
``(C) An offense under chapter 110.
``(D) An offense under chapter 117.
``(E) Any other offense designated by the Attorney General
as a sexual offense for purposes of this subsection.
``(5) The United States and its agencies, officers, and
employees shall be immune from liability based on good faith
conduct in carrying out this subsection and subsection
(b).''.
(B)(i) Section 3563(a) of title 18, United States Code, is
amended by striking the matter at the end of paragraph (7)
beginning with ``The results of a drug test'' and all that
follows through the end of such paragraph and inserting that
matter at the end of section 3563.
(ii) The matter inserted by subparagraph (A) at the end of
section 3563 is amended--
(I) by striking ``The results of a drug test'' and
inserting the following:
``(e) Results of Drug Testing.--The results of a drug
test''; and
(II) by striking ``paragraph (4)'' each place it appears
and inserting ``subsection (a)(5)''.
(iii) Section 3563(a) of title 18, United States Code, is
amended--
(I) so that paragraphs (6) and (7) appear in numerical
order immediately after paragraph (5);
(II) by striking ``and'' at the end of paragraph (6);
(III) in paragraph (7), by striking ``assessments.'' and
inserting ``assessments; and''; and
(IV) by inserting immediately after paragraph (7) (as moved
by clause (i)) the following new paragraph:
``(8) for a person described in section 4042(c)(4), that
the person report the address where the person will reside
and any subsequent change of residence to the probation
officer responsible for supervision, and that the person
register in any State where the person resides, is employed,
carries on a vocation, or is a student (as such terms are
defined under section 170101(a)(3) of the Violent Crime
Control and Law Enforcement Act of 1994).''.
``(iv) Section 3583(d) of title 18, United States Code, is
amended by inserting after the second sentence the following:
``The court shall order, as an explicit condition of
supervised release for a person described in section
4042(c)(4), that the person report the address where the
person will reside and any subsequent change of residence to
the probation officer responsible for supervision, and
that the person register in any State where the person
resides, is employed, carries on a vocation, or is a
student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).''.
(v) Section 4209(a) of title 18, United States Code,
insofar as such section remains in effect with respect to
certain individuals, is amended by inserting after the first
sentence the following: ``In every case, the Commission shall
impose as a condition of parole for a person described in
section 4042(c)(4), that the parolee report the address where
the parolee will reside and any subsequent change of
residence to the probation officer responsible for
supervision, and that the parolee register in any State where
the parolee resides, is employed, carries on a vocation, or
is a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law Enforcement
Act of 1994).''.
(C)(i) The Secretary of Defense shall specify categories of
conduct punishable under the Uniform Code of Military Justice
which encompass a range of conduct comparable to that
described in section 170101(a)(3)(A) and (B) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14071(a)(3)(A) and (B)), and such other conduct as the
Secretary deems appropriate for inclusion for purposes of
this subparagraph.
(ii) In relation to persons sentenced by a court martial
for conduct in the categories specified under clause (i), the
Secretary shall prescribe procedures and implement a system
to--
(I) provide notice concerning the release from confinement
or sentencing of such persons;
(II) inform such persons concerning registration
obligations; and
(III) track and ensure compliance with registration
requirements by such persons during 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.
[[Page H10817]]
(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 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. 121. (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. 122. (a) Notwithstanding any other provision of law
relating to position classification or employee pay or
performance, during the 3-year period beginning on the date
of enactment of this Act, the Director of the Federal Bureau
of Investigation may, with the approval of the Attorney
General, establish a personnel management system providing
for the compensation and performance management of not more
than 3,000 non-Special Agent employees to fill critical
scientific, technical, engineering, intelligence analyst,
language translator, and medical positions in the Federal
Bureau of Investigation.
(b) Except as otherwise provided by law, no employee
compensated under any system established under this section
may be paid at a rate in excess of the rate payable for a
position at level III of the Executive Schedule.
(c) Total payments to employees under any system
established under this section shall be subject to the
limitation on payments to employees set forth in section 5307
of title 5, United States Code.
(d) Not later than 90 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation
shall submit to the Committees on Appropriations and the
Committees on the Judiciary of the House of Representatives
and the Senate, the Committee on Government Reform and
Oversight of the House of Representatives, and the Committee
on Governmental Affairs of the Senate, an operating plan
describing the Director's intended use of the authority under
this section, and identifying any provisions of title 5,
United States Code, being waived for purposes of any
personnel management system to be established by the Director
under this section.
(e) Any performance management system established under
this section shall have not less than 2 levels of performance
above a retention standard.
(f) Not later than March 31, 2000, the Director of the
Federal Bureau of Investigation shall submit to Congress an
evaluation of the performance management system established
under this section, which shall include--
(1) a comparison of--
(A) the compensation, benefits, and performance management
provisions governing personnel of similar employment
classification series in other departments and agencies of
the Federal Government; and
(B) the costs, consistent with standards prescribed in
Office of Management and Budget Circular A-76, of contracting
for any services provided through those departments and
agencies; and
(2) if appropriate, a recommendation for legislation to
extend the authority under this section.
(g) Notwithstanding any other provision of law, the
Secretary of the Treasury shall have the same authority
provided to the Office of Personnel Management under section
4703 of title 5, United States Code, to establish, in the
discretion of the Secretary, demonstration projects for a
period of 3 years, for not to exceed a combined total of 950
employees, to fill critical 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. 123. (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. 124. 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.
Sec. 125. Section 217(f) of the Immigration and Nationality
Act (8 U.S.C. 1187(f)) is amended to read as follows:
[[Page H10818]]
``(f) Definition of Pilot Program Period.--For purposes of
this section, the term `pilot program period' means the
period beginning on October 1, 1988, and ending on April 30,
1998.''.
Sec. 126. Section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), is amended in subsection (g) by striking ``December
31, 1997'' and inserting ``May 1, 1998''.
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 Market Access and Compliance,
$28,770,000 shall be for the Import Administration,
$171,070,000 shall be for the United States and Foreign
Commercial Service, and $11,700,000 shall be for Executive
Direction and Administration: Provided further, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act
of 1988 (15 U.S.C. 4912); and that for the purpose of this
Act, contributions under the provisions of the Mutual
Educational and Cultural Exchange Act shall include
payment for assessments for services provided as part of
these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; rental
of space abroad for periods not exceeding ten years, and
expenses of alteration, repair, or improvement; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without
regard to any price limitation otherwise established by law;
$43,900,000 to remain available until expended, of which
$1,900,000 shall be for inspections and other activities
related to national security: Provided, That the provisions
of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities: Provided further, That payments and
contributions collected and accepted for materials or
services provided as part of such activities may be retained
for use in covering the cost of such activities, and for
providing information to the public with respect to the
export administration and national security activities of the
Department of Commerce and other export control programs of
the United States and other governments.
Economic Development Administration
Economic Development Assistance Programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91-304, and such laws that were in effect
immediately before September 30, 1982, and for trade
adjustment assistance, $340,000,000: Provided, That none of
the funds appropriated or otherwise made available under this
heading may be used directly or indirectly for attorneys' or
consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration:
Provided further, That, notwithstanding any other provision
of law, the Secretary of Commerce may provide financial
assistance for projects to be located on military
installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works
and Economic Development Act of 1965, as amended, without it
being required that the grantee have title or ability to
obtain a lease for the property, for the useful life of the
project, when in the opinion of the Secretary of Commerce,
such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary
of Commerce may, as the Secretary considers appropriate,
consult with the Secretary of Defense regarding the title to
land on military installations closed or scheduled for
closure or realignment.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$21,028,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
Minority Business Development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$25,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $47,499,000, to remain available until September
30, 1999.
economics and statistics administration revolving fund
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by
sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-
1527) and, notwithstanding section 5412 of the Omnibus Trade
and Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees
necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriation.
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,
$389,887,000, to remain available until expended: Provided,
That of this amount, $4,000,000 shall be transferred to the
Census Monitoring Board for necessary expenses as authorized
by section 210 of this Act.
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.
[[Page H10819]]
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
Telecommunications 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, so as to result in a
final fiscal year 1998 appropriation 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;
$1,512,050,000, 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 $1,509,050,000: Provided
further, That any such additional fees received in excess
of $3,000,000 in fiscal year 1998 shall not be available
for obligation until October 1, 1998: Provided further,
That fees and donations received by the National Ocean
Service for the management of the national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding
31 U.S.C. 3302: Provided further, That in addition,
$62,381,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'': Provided
further, That grants to States pursuant to sections 306
and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000: Provided further,
That unexpended balances in the accounts ``Construction''
and ``Fleet Modernization, Shipbuilding and Conversion''
shall be transferred to and merged with this account, to
remain available until expended for the purposes for which
the funds were originally appropriated.
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$491,609,000, 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.
[[Page H10820]]
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,
$20,500,000 are rescinded.
United States Travel and Tourism Administration
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$3,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to
pay for any expenses paid before October 1, 1992, as
authorized by section 8501 of title 5, United States Code,
for services performed after April 20, 1990, by individuals
appointed to temporary positions within the Bureau of the
Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion
thereof, the Secretary of Commerce, no later than 90 days
thereafter, shall submit to the Committees on
Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate
successor organizations: Provided, That the plan shall
include a proposal for transferring or rescinding funds
appropriated herein for agencies or programs terminated
under such legislation: Provided further, That such plan
shall be transmitted in accordance with section 605 of
this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce, or any portion thereof, to cover the
costs of actions relating to the abolishment, reorganization,
or transfer of functions and any related personnel action,
including voluntary separation incentives if authorized by
such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary
to carry out this section is provided in addition to
authorities included under section 205 of this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.).
Sec. 209. (a) Congress finds that--
(1) it is the constitutional duty of the Congress to ensure
that the decennial enumeration of the population is conducted
in a manner consistent with the Constitution and laws of the
United States;
(2) the sole constitutional purpose of the decennial
enumeration of the population is the apportionment of
Representatives in Congress among the several States;
(3) section 2 of the 14th article of amendment to the
Constitution clearly states that Representatives are to be
``apportioned among the several States according to their
respective numbers, counting the whole number of persons in
each State'';
(4) article I, section 2, clause 3 of the Constitution
clearly requires an ``actual Enumeration'' of the population,
and section 195 of title 13, United States Code, clearly
provides ``Except for the determination of population for
purposes of apportionment of Representatives in Congress
among the several States, the Secretary shall, if he
considers it feasible, authorize the use of the statistical
method known as `sampling' in carrying out the provisions of
this title.'';
(5) the decennial enumeration of the population is one of
the most critical constitutional functions our Federal
Government performs;
(6) it is essential that the decennial enumeration of the
population be as accurate as possible, consistent with the
Constitution and laws of the United States;
(7) the use of statistical sampling or statistical
adjustment in conjunction with an actual enumeration to carry
out the census with respect to any segment of the population
poses the risk of an inaccurate, invalid, and
unconstitutional census;
(8) the decennial enumeration of the population is a
complex and vast undertaking, and if such enumeration is
conducted in a manner that does not comply with the
requirements of the Constitution or laws of the United
States, it would be impracticable for the States to obtain,
and the courts of the United States to provide, meaningful
relief after such enumeration has been conducted; and
(9) Congress is committed to providing the level of funding
that is required to perform the entire range of
constitutional census activities, with a particular emphasis
on accurately enumerating all individuals who have
historically been undercounted, and toward this end, Congress
expects--
(A) aggressive and innovative promotion and outreach
campaigns in hard-to-count communities;
(B) the hiring of enumerators from within those
communities;
(C) continued cooperation with local government on address
list development; and
(D) maximized census employment opportunities for
individuals seeking to make the transition from welfare to
work.
(b) Any person aggrieved by the use of any statistical
method in violation of the Constitution or any provision of
law (other than this Act), in connection with the 2000 or any
later decennial census, to determine the population for
purposes of the apportionment or redistricting of members
in Congress, may in a civil action obtain declaratory,
injunctive, and any other appropriate relief against the
use of such method.
(c) For purposes of this section--
(1) the use of any statistical method as part of a dress
rehearsal or other simulation of a census in preparation for
the use of such method, in a decennial census, to determine
the population for purposes of the apportionment or
redistricting of members in Congress shall be considered the
use of such method in connection with that census; and
(2) the report ordered by title VIII of Public Law 105-18
and the Census 2000 Operational Plan shall be deemed to
constitute final agency action regarding the use of
statistical methods in the 2000 decennial census, thus making
the 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.
[[Page H10821]]
(2) It shall be the duty of a United States district court
hearing an action brought under this section and the Supreme
Court of the United States to advance on the docket and to
expedite to the greatest possible extent the disposition of
any such matter.
(f) Any agency or entity within the executive branch having
authority with respect to the carrying out of a decennial
census may in a civil action obtain a declaratory judgment
respecting whether or not the use of a statistical method, in
connection with such census, to determine the population for
the purposes of the apportionment or redistricting of members
in Congress is forbidden by the Constitution and laws of the
United States.
(g) The Speaker of the House of Representatives or the
Speaker's designee or designees may commence or join in a
civil action, for and on behalf of the House of
Representatives, under any applicable law, to prevent the use
of any statistical method, in connection with the decennial
census, to determine the population for purposes of the
apportionment or redistricting of members in Congress. It
shall be the duty of the Office of the General Counsel of the
House of Representatives to represent the House in such civil
action, according to the directions of the Speaker. The
Office of the General Counsel of the House of Representatives
may employ the services of outside counsel and other experts
for this purpose.
(h) For purposes of this section and section 210--
(1) the term ``statistical method'' means an activity
related to the design, planning, testing, or implementation
of the use of representative sampling, or any other
statistical procedure, including statistical adjustment, to
add or subtract counts to or from the enumeration of the
population as a result of statistical inference; and
(2) the term ``census'' or ``decennial census'' means a
decennial enumeration of the population.
(i) Nothing in this Act shall be construed to authorize the
use of any statistical method, in connection with a decennial
census, for the apportionment or redistricting of members in
Congress.
(j) Sufficient funds appropriated under this Act or under
any other Act for purposes of the 2000 decennial census shall
be used by the Bureau of the Census to plan, test, and become
prepared to implement a 2000 decennial census, without using
statistical methods, which shall result in the percentage of
the total population actually enumerated being as close to
100 percent as possible. In both the 2000 decennial census,
and any dress rehearsal or other simulation made in
preparation for the 2000 decennial census, the number of
persons enumerated without using statistical methods must
be publicly available for all levels of census geography
which are being released by the Bureau of the Census for
(1) all data releases before January 1, 2001, (2) the data
contained in the 2000 decennial census Public Law 94-171
data file released for use in redistricting, (3) the
Summary Tabulation File One (STF-1) for the 2000 decennial
census, and (4) the official populations of the States
transmitted from the Secretary of Commerce through the
President to the Clerk of the House used to reapportion
the districts of the House among the States as a result of
the 2000 decennial census. Simultaneously with any other
release or reporting of any of the information described
in the preceding sentence through other means, such
information shall be made available to the public on the
Internet. These files of the Bureau of the Census shall be
available concurrently to the release of the original
files to the same recipients, on identical media, and at a
comparable price. They shall contain the number of persons
enumerated without using statistical methods and any
additions or subtractions thereto. These files shall be
based on data gathered and generated by the Bureau of the
Census in its official capacity.
(k) This section shall apply in fiscal year 1998 and
succeeding fiscal years.
Sec. 210. (a) There shall be established a board to be
known as the Census Monitoring Board (hereinafter in this
section referred to as the ``Board'').
(b) The function of the Board shall be to observe and
monitor all aspects of the preparation and implementation of
the 2000 decennial census (including all dress rehearsals and
other simulations of a census in preparation therefor).
(c)(1) The Board shall be composed of 8 members as follows:
(A) 2 individuals appointed by the majority leader of the
Senate.
(B) 2 individuals appointed by the Speaker of the House of
Representatives.
(C) 4 individuals appointed by the President, of whom--
(i) 1 shall be on the recommendation of the minority leader
of the Senate; and
(ii) 1 shall be on the recommendation of the minority
leader of the House of Representatives.
All members of the Board shall be appointed within 60 days
after the date of enactment of this Act. A vacancy in the
Board shall be filled in the manner in which the original
appointment was made.
(2) Members shall not be entitled to any pay by reason of
their service on the Board, but shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(3) The Board shall have--
(A) a co-chairman who shall be appointed jointly by the
members under subsection (c)(1)(A) and (B), and
(B) a co-chairman who shall be appointed jointly by the
members under subsection (c)(1)(C).
(4) The Board shall meet at the call of either co-chairman.
(5) A quorum shall consist of 5 members of the Board.
(6) The Board may promulgate any regulations necessary to
carry out its duties.
(d)(1) The Board shall have--
(A) an executive director who shall be appointed jointly by
the members under subsection (c)(1)(A) and (B), and
(B) an executive director who shall be appointed jointly by
the members under subsection (c)(1)(C),
each of whom shall be paid at a rate not to exceed level IV
of the Executive Schedule.
(2) Subject to such rules as the Board may prescribe, each
executive director--
(A) may appoint and fix the pay of such additional
personnel as that executive director considers appropriate;
and
(B) may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not to exceed the daily equivalent of the
maximum annual rate of pay payable for grade GS-15 of the
General Schedule.
Such rules shall include provisions to ensure an equitable
division or sharing of resources, as appropriate, between the
respective staff of the Board.
(3) The staff of the Board shall be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall
be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates).
(4) The Administrator of the General Services
Administration, in coordination with the Secretary of
Commerce, shall locate suitable office space for the
operation of the Board in the W. Edwards Deming Building in
Suitland, Maryland. The facilities shall serve as the
headquarters of the Board and shall include all necessary
equipment and incidentals required for the proper functioning
of the Board.
(e)(1) For the purpose of carrying out its duties, the
Board may hold such hearings (at the call of either co-
chairman) and undertake such other activities as the Board
determines to be necessary to carry out its duties.
(2) The Board may authorize any member of the Board or of
its staff to take any action which the Board is authorized to
take by this subsection.
(3)(A) Each co-chairman of the Board and any members of the
staff who may be designated by the Board under this paragraph
shall be granted access to any data, files, information, or
other matters maintained by the Bureau of the Census (or
received by it in the course of conducting a decennial census
of population) which they may request, subject to such
regulations as the Board may prescribe in consultation with
the Secretary of Commerce.
(B) The Board or the co-chairmen acting jointly may secure
directly from any other Federal agency, including the White
House, all information that the Board considers necessary
to enable the Board to carry out its duties. Upon request
of the Board or both co-chairmen, the head of that agency
(or other person duly designated for purposes of this
paragraph) shall furnish that information to the Board.
(4) The Board shall prescribe regulations under which any
member of the Board or of its staff, and any person whose
services are procured under subsection (d)(2)(B), who gains
access to any information or other matter pursuant to this
subsection shall, to the extent that any provisions of
section 9 or 214 of title 13, United States Code, would apply
with respect to such matter in the case of an employee of the
Department of Commerce, be subject to such provisions.
(5) Upon the request of the Board, the head of any Federal
agency is authorized to detail, without reimbursement, any of
the personnel of such agency to the Board to assist the Board
in carrying out its duties. Any such detail shall not
interrupt or otherwise affect the civil service status or
privileges of the Federal employee.
(6) Upon the request of the Board, the head of a Federal
agency shall provide such technical 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--
[[Page H10822]]
(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; of which $900,000 shall be transferred
to the Commission on Structural Alternatives for the Federal
Courts of Appeals, to remain available until expended; and of
which not to exceed $10,000,000 shall remain available until
expended for furniture and furnishings related to new space
alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,450,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by
law, $40,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund,
as authorized by section 190001(a) of Public Law 103-322, and
sections 818 and 823 of Public Law 104-132.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under
the Criminal Justice Act of 1964, as amended; the
compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation
(in accordance with Criminal Justice Act maximums) and
reimbursement of expenses of attorneys appointed to assist
the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of
financially eligible minor or incompetent offenders in
connection with transfers from the United States to foreign
countries with which the United States has a treaty for the
execution of penal sentences; and the compensation of
attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28
U.S.C. 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.
[[Page H10823]]
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $52,000,000,
of which not to exceed $7,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which
$1,800,000 shall remain available through September 30, 1999,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,000,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,400,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,800,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$9,240,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but
no such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $10,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in his capacity as Secretary
of the Judicial Conference.
Sec. 304. Section 612 of title 28, United States Code,
shall be amended by striking out subsection (l).
Sec. 305. (a) Commission on Structural Alternatives for the
Federal Courts of Appeals.--
(1) Establishment and functions of commission.--
(A) Establishment.--There is established a Commission on
Structural Alternatives for the Federal Courts of Appeals
(hereinafter referred to as the ``Commission'').
(B) Functions.--The functions of the Commission shall be
to--
(i) study the present division of the United States into
the several judicial circuits;
(ii) study the structure and alignment of the Federal Court
of Appeals system, with particular reference to the Ninth
Circuit; and
(iii) report to the President and the Congress its
recommendations for such changes in circuit boundaries or
structure as may be appropriate for the expeditious and
effective disposition of the caseload of the Federal Courts
of Appeals, consistent with fundamental concepts of fairness
and due process.
(2) Membership.--
(A) Composition.--The Commission shall be composed of 5
members who shall be appointed by the Chief Justice of the
United States.
(B) Appointment.--The members of the Commission shall be
appointed within 30 days after the date of enactment of this
Act.
(C) Vacancy.--Any vacancy in the Commission shall be filled
in the same manner as the original appointment.
(D) Chair.--The Commission shall elect a Chair and Vice
Chair from among its members.
(E) Quorum.--Three members of the Commission shall
constitute a quorum, but two may conduct hearings.
(3) Compensation.--
(A) In general.--Members of the Commission who are
officers, or full-time employees, of the United States shall
receive no additional compensation for their services, but
shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties
vested in the Commission, but not in excess of the maximum
amounts authorized under section 456 of title 28, United
States Code.
(B) Private members.--Members of the Commission from
private life shall receive $200 for each day (including
travel time) during which the member is engaged in the actual
performance of duties, but not in excess of the maximum
amounts authorized under section 456 of title 28, United
States Code.
(4) Personnel.--
(A) Executive director.--The Commission may appoint an
Executive Director who shall receive compensation at a rate
not exceeding the rate prescribed for level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
(B) Staff.--The Executive Director, with the approval of
the Commission, may appoint and fix the compensation of such
additional personnel as the Executive Director determines
necessary, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service or the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and
General Schedule pay rates. Compensation under this paragraph
shall not exceed the annual maximum rate of basic pay for a
position above GS-15 of the General Schedule under section
5108 of title 5, United States Code.
(C) Experts and consultants.--The Executive Director may
procure personal services of experts and consultants as
authorized by section 3109 of title 5, United States Code, at
rates not to exceed the highest level payable under the
General Schedule pay rates under section 5332 of title 5,
United States Code.
(D) Services.--The Administrative Office of the United
States Courts shall provide administrative services,
including financial and budgeting services, to the Commission
on a reimbursable basis. The Federal Judicial Center shall
provide necessary research services to the Commission on a
reimbursable basis.
(5) Information.--The Commission is authorized to request
from any department, agency, or independent instrumentality
of the Government any information and assistance the
Commission determines necessary to carry out its functions
under this section. Each such department, agency, and
independent instrumentality is authorized to provide such
information and assistance to the extent permitted by law
when requested by the Chair of the Commission.
(6) Report.--The Commission shall conduct the studies
required in this section during the 10-month period beginning
on the date on which a quorum of the Commission has been
appointed. Not later than 2 months following the completion
of such 10-month period, the Commission shall submit its
report to the President and the Congress. The Commission
shall terminate 90 days after the date of the submission of
its report.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission such sums, not to exceed
$900,000, as may be necessary to carry out the purposes of
this section. Such sums as are appropriated shall remain
available until expended.
Sec. 306. Pursuant to section 140 of Public Law 97-92,
justices and judges of the United States are authorized
during fiscal year 1998, to receive a salary adjustment in
accordance with 28 U.S.C. 461: Provided, That $5,000,000 is
appropriated for salary adjustments pursuant to this section
and such funds shall be transferred to and merged with
appropriations in Title III of this Act.
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
[[Page H10824]]
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 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 carrying out the Diplomatic Security
Construction Program as authorized by title IV of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $404,000,000, to remain available until expended as
authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided, That
none of the funds appropriated in this paragraph shall be
available for acquisition of furniture and furnishings and
generators for other departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service pursuant to the requirement of 31 U.S.C.
3526(e), $5,500,000 to remain available until expended as
authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to
exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same
terms and conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by
section 4 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out
the direct loan program, $607,000 which may be transferred to
and merged with the Salaries and Expenses account under
Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $14,000,000.
Payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $129,935,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $955,515,000, of which not to
exceed $54,000,000 shall remain available until expended for
payment of arrearages: Provided, That none of the funds
appropriated or otherwise made available by this Act for
payment of arrearages may be obligated or expended unless
such obligation or expenditure is expressly authorized by the
enactment of an 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
[[Page H10825]]
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 an Act described in the first proviso under the
heading ``Contributions to International Organizations'' in
this title: Provided further, That none of the funds made
available under this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission
unless, at least fifteen days in advance of voting for the
new or expanded mission in the United Nations Security
Council (or in an emergency, as far in advance as is
practicable), (1) the Committees on Appropriations of the
House of Representatives and the Senate and other appropriate
Committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$17,490,000.
construction
For detailed plan preparation and construction of
authorized projects, $6,463,000, to remain available until
expended, as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182; $5,490,000,
of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $14,549,000: Provided, That the United States' share of
such expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $8,000,000, to remain
available until expended, as authorized by section 24(c) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms
control, nonproliferation, and disarmament activities,
$41,500,000, of which not to exceed $50,000 shall be for
official reception and representation expenses as authorized
by the Act of September 26, 1961, as amended (22 U.S.C. 2551
et seq.).
Arms Control and Disarmament Agency
arms control and disarmament activities
(Rescission)
Of the unexpended balances previously appropriated under
this heading, $700,000 are rescinded.
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized by
the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451 et seq.), the United States
Information and Educational Exchange Act of 1948, as amended
(22 U.S.C. 1431 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to
carry out related activities authorized by law, including
employment, without regard to civil service and
classification laws, of persons on a temporary basis (not
to exceed $700,000 of this appropriation), as authorized
by section 801 of such Act of 1948 (22 U.S.C. 1471), and
entertainment, including official receptions, within the
United States, not to exceed $25,000 as authorized by
section 804(3) of such Act of 1948 (22 U.S.C. 1474(3));
$427,097,000: Provided, That not to exceed $1,400,000 may
be used for representation abroad as authorized by section
302 of such Act of 1948 (22 U.S.C. 1452) and section 905
of the Foreign Service Act of 1980 (22 U.S.C. 4085):
Provided further, That not to exceed $6,000,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or
in connection with English teaching, library, motion
pictures, and publication programs as authorized by
section 810 of such Act of 1948 (22 U.S.C. 1475e) and,
notwithstanding any other law, fees from educational
advising and counseling, and exchange visitor program
services: Provided further, That not to exceed $920,000 to
remain available until expended may be used to carry out
projects involving security construction and related
improvements for agency facilities not physically located
together with Department of State facilities abroad.
technology fund
For expenses necessary to enable the United States
Information Agency to provide for the procurement of
information technology improvements, as authorized by the
United States Information and Educational Exchange Act of
1948, as amended (22 U.S.C. 1431 et seq.), the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977
(91 Stat. 1636), $5,050,000, to remain available until
expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$197,731,000, to remain available until expended as
authorized by section 105 of such Act of 1961 (22 U.S.C.
2455): Provided, That not to exceed $800,000, to remain
available until expended, may be credited to this
appropriation from fees or other payments received from or in
connection with English teaching and publication programs as
authorized by section 810 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1475e) and,
notwithstanding any other provision of law, fees from
educational advising and counseling.
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
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
[[Page H10826]]
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty;
and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and
revenue from business ventures, not to exceed $500,000 in
receipts from cooperating international organizations, and
not to exceed $1,000,000 in receipts from privatization
efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for
carrying out authorized purposes.
broadcasting to cuba
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to
Cuba Act, as amended, the Television Broadcasting to Cuba
Act, and the International Broadcasting Act of 1994,
including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and
reception, and purchase and installation of necessary
equipment for radio and television transmission and
reception, $22,095,000, to remain available until expended.
radio construction
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1471), $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 Democracy Act, $30,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5,
United States Code; for services as authorized by 5 U.S.C.
3109; and hire of passenger transportation pursuant to 31
U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agency
in this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant
to this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. Funds appropriated by this Act for the United
States Information Agency, the Arms Control and Disarmament
Agency, and the Department of State may be obligated and
expended notwithstanding section 701 of the United States
Information and Educational Exchange Act of 1948 and section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, section 53 of the Arms Control and Disarmament
Act, and section 15 of the State Department Basic Authorities
Act of 1956.
Sec. 404. (a)(1) For purposes of implementing the
International Cooperative Administrative Support Services
program in fiscal year 1998, the amounts referred to in
paragraph (2) shall be transferred in accordance with the
provisions of subsection (b).
(2) Paragraph (1) applies to amounts made available by
title IV of this Act under the heading ``Administration of
Foreign Affairs'' as follows:
(A) $108,932,000 of the amount made available under the
paragraph ``Diplomatic and Consular Programs''.
(B) $3,530,000 of the amount made available under the
paragraph ``Security and Maintenance of United States
Missions''.
(b) Funds transferred pursuant to subsection (a) shall be
transferred to the specified appropriation, allocated to the
specified account or accounts in the specified amount, be
merged with funds in such account or accounts that are
available for administrative support expenses of overseas
activities, and be available for the same purposes, and
subject to the same terms and conditions, as the funds with
which merged, as follows:
(1) Appropriations for the Legislative Branch--
(A) for the Library of Congress, for salaries and expenses,
$500,000; and
(B) for the General Accounting Office, for salaries and
expenses, $12,000.
(2) Appropriations for the Office of the United States
Trade Representative, for salaries and expenses, $302,000.
(3) Appropriations for the Department of Commerce, for the
International Trade Administration, for operations and
administration, $7,055,000.
(4) Appropriations for the Department of Justice--
(A) for legal activities--
(i) for general legal activities, for salaries and
expenses, $194,000; and
(ii) for the United States Marshals Service, for salaries
and expenses, $2,000;
(B) for the Federal Bureau of Investigation, for salaries
and expenses, $2,477,000;
(C) for the Drug Enforcement Administration, for salaries
and expenses, $6,356,000; and
(D) for the Immigration and Naturalization Service, for
salaries and expenses, $1,313,000.
(5) Appropriations for the United States Information
Agency, for international information programs, $25,047,000.
(6) Appropriations for the Arms Control and Disarmament
Agency, for arms control and disarmament activities,
$1,247,000.
(7) Appropriations to the President--
(A) for the Foreign Military Financing Program, for
administrative costs, $6,660,000;
(B) for the Economic Support Fund, $336,000;
(C) for the Agency for International Development--
(i) for operating expenses, $6,008,000;
(ii) for the Urban and Environmental Credit Program,
$54,000;
(iii) for the Development Assistance Fund, $124,000;
(iv) for the Development Fund for Africa, $526,000;
(v) for assistance for the new independent states of the
former Soviet Union, $818,000;
(vi) for assistance for Eastern Europe and the Baltic
States, $283,000; and
(vii) for international disaster assistance, $306,000;
(D) for the Peace Corps, $3,672,000; and
(E) for the Department of State--
(i) for international narcotics control, $1,117,000; and,
(ii) for migration and refugee assistance, $394,000.
(8) Appropriations for the Department of Defense--
(A) for operation and maintenance--
(i) for operation and maintenance, Army, $4,394,000;
(ii) for operation and maintenance, Navy, $1,824,000;
(iii) for operation and maintenance, Air Force, $1,603,000;
and
(iv) for operation and maintenance, Defense-Wide,
$21,993,000; and
(B) for procurement, for other procurement, Air Force,
$4,211,000.
(9) Appropriations for the American Battle Monuments
Commission, for salaries and expenses, $210,000.
(10) Appropriations for the Department of Agriculture--
(A) for the Animal and Plant Health Inspection Service, for
salaries and expenses, $932,000;
(B) for the Foreign Agricultural Service and General Sales
Manager, $4,521,000; and
(C) for the Agricultural Research Service, $16,000.
(11) Appropriations for the Department of Treasury--
(A) for the United States Customs Service, for salaries and
expenses, $2,002,000;
(B) for departmental offices, for salaries and expenses,
$804,000;
(C) for the Internal Revenue Service, for tax law
enforcement, $662,000;
(D) for the Bureau of Alcohol, Tobacco and Firearms, for
salaries and expenses, $17,000;
(E) for the United States Secret Service, for salaries and
expenses, $617,000; and
(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.
[[Page H10827]]
(21) Appropriations for the Department of Energy--
(A) for departmental administration, $150,000; and
(B) for atomic energy defense activities, for other defense
activities, $54,000.
(22) Appropriations for the Nuclear Regulatory Commission,
for salaries and expenses, $26,000.
(c)(1) The amount in subsection (a)(2)(A) is reduced by
$2,800,000.
(2) Each amount in subsection (b) is reduced on a pro rata
basis in the same proportion as $2,800,000 bears to
$112,462,000, rounded to the nearest thousand.
Sec. 405. (a) An employee who regularly commutes from his
or her place of residence in the continental United States to
an official duty station in Canada or Mexico shall receive a
border equalization adjustment equal to the amount of
comparability payments under section 5304 of title V, United
States Code, that he or she would receive if assigned to an
official duty station within the United States locality pay
area closest to the employee's official duty station.
(b) For purposes of this section, the term ``employee''
shall mean a person who--
(1) is an ``employee'' as defined under section 2105 of
title V, United States Code; and
(2) is employed by the United States Department of State,
the United States Information Agency, the United States
Agency for International Development, or the International
Joint Commission, except that the term shall not include
members of the Foreign Service as defined by section 103 of
the Foreign Service Act of 1980 (P.L. 96-465), section
3903 of title 22 of the United States Code.
(c) An equalization adjustment payable under this section
shall be considered basic pay for the same purposes as are
comparability payments under section 5304 of title V, United
States Code, and its implementing regulations.
(d) The agencies referenced in subsection (c)(2) are
authorized to promulgate regulations to carry out the
purposes of this section.
This title may be cited as the ``Department of State and
Related Agencies Appropriations Act, 1998''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-
differential subsidies, as authorized by the Merchant Marine
Act, 1936, as amended, $51,030,000, to remain available until
expended.
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $35,500,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $67,600,000: Provided, That
reimbursements may be made to this appropriation from
receipts to the ``Federal Ship Financing Fund'' for
administrative expenses in support of that program in
addition to any amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $32,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,725,000, which
shall be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration, and
payments received therefor shall be credited to the
appropriation charged with the cost thereof: Provided,
That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services,
or repairs shall be covered into the Treasury as
miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which otherwise
would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $250,000, as authorized by Public
Law 99-83, section 1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the Chairperson who is permitted 125 billable
days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of
1990, $459,000 to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,090,000, to remain available until expended as authorized
by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); non-monetary awards to private citizens; and
not to exceed $27,500,000 for payments to State and local
enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended,
sections 6 and 14 of the Age Discrimination in Employment
Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $242,000,000: Provided, That the
Commission is authorized to make available for official
reception and representation expenses not to exceed $2,500
from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-02; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair to
buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire
of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $186,514,000, of which not to
exceed $300,000 shall remain available until September 30,
1999, for research and policy studies: Provided, That
$162,523,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the
Communications Act of 1934, as amended, and shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 1998
so as to result in a final fiscal year 1998 appropriation
estimated at $23,991,000: Provided further, That any
offsetting collections received in excess of $162,523,000 in
fiscal year 1998 shall remain available until expended, but
shall not be available for obligation until October 1, 1998.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 U.S.C. App.
1111, including services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as 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).
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.
[[Page H10828]]
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
as amended, $283,000,000, of which $274,400,000 is for basic
field programs and required independent audits; $1,500,000 is
for the Office of Inspector General, of which such amounts as
may be necessary may be used to conduct additional audits
of recipients; and $7,100,000 is for management and
administration.
Administrative Provisions--Legal Services Corporation
Sec. 501. (a) Continuation of Competitive Selection
Process.--None of the funds appropriated in this Act to the
Legal Services Corporation may be used to provide financial
assistance to any person or entity except through a
competitive selection process conducted in accordance with
regulations promulgated by the Corporation in accordance with
the criteria set forth in subsections (c), (d), and (e) of
section 503 of Public Law 104-134 (110 Stat. 1321-52 et
seq.).
(b) Inapplicability of Certain Procedures.--Sections
1007(a)(9) and 1011 of the Legal Services Corporation Act (42
U.S.C. 2996f(a)(9) and 2996j) shall not apply to the
provision, denial, suspension, or termination of any
financial assistance using funds appropriated in this Act.
(c) Additional Procedures.--If, during any term of a grant
or contract awarded to a recipient by the Legal Services
Corporation under the competitive selection process referred
to in subsection (a) and applicable Corporation regulations,
the Corporation finds, after notice and opportunity for the
recipient to be heard, that the recipient has failed to
comply with any requirement of the Legal Services Corporation
Act (42 U.S.C. 2996 et seq.), this Act, or any other
applicable law relating to funding for the Corporation, the
Corporation may terminate the grant or contract and institute
a new competitive selection process for the area served by
the recipient, notwithstanding the terms of the recipient's
grant or contract.
Sec. 502. (a) Continuation of Requirements and
Restrictions.--None of the funds appropriated in this Act to
the Legal Services Corporation shall be expended for any
purpose prohibited or limited by, or contrary to any of the
provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public Law 104-
134 (110 Stat. 1321-51 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall be
subject to the same terms and conditions as set forth in such
sections, except that all references in such sections to 1995
and 1996 shall be deemed to refer instead to 1997 and 1998,
respectively; and
(2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et
seq.), and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such section, except that--
(A) subsection (c) of such section 504 shall not apply;
(B) paragraph (3) of section 508(b) of Public Law 104-134
(110 Stat. 1321-58) shall apply with respect to the
requirements of subsection (a)(13) of such section 504,
except that all references in such section 508(b) to the date
of enactment shall be deemed to refer to April 26, 1996; and
(C) subsection (a)(11) of such section 504 shall not be
construed to prohibit a recipient from using funds derived
from a source other than the Corporation to provide related
legal assistance to--
(i) an alien who has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by a
member of the spouse's or parent's family residing in the
same household as the alien and the spouse or parent
consented or acquiesced to such battery or cruelty; or
(ii) an alien whose child has been battered or subjected to
extreme cruelty in the United States by a spouse or parent of
the alien (without the active participation of the alien in
the battery or extreme cruelty), or by a member of the
spouse's or parent's family residing in the same household as
the alien and the spouse or parent consented or acquiesced to
such battery or cruelty, and the alien did not actively
participate in such battery or cruelty.
(b) Definitions.--For purposes of subsection (a)(2)(C):
(1) The term ``battered or subjected to extreme cruelty''
has the meaning given such term under regulations issued
pursuant to subtitle G of the Violence Against Women Act of
1994 (Public Law 103-322; 108 Stat. 1953).
(2) The term ``related legal assistance'' means legal
assistance directly related to the prevention of, or
obtaining of relief from, the battery or cruelty described in
such subsection.
Sec. 503. (a) Continuation of Audit Requirements.--The
requirements of section 509 of Public Law 104-134 (110 Stat.
1321-58 et seq.), other than subsection (l) of such section,
shall apply during fiscal year 1998.
(b) Requirement of Annual Audit.--An annual audit of each
person or entity receiving financial assistance from the
Legal Services Corporation under this Act shall be
conducted during fiscal year 1998 in accordance with the
requirements referred to in subsection (a).
Sec. 504. (a) Debarment.--The Legal Services Corporation
may debar a recipient, on a showing of good cause, from
receiving an additional award of financial assistance from
the Corporation. Any such action to debar a recipient shall
be instituted after the Corporation provides notice and an
opportunity for a hearing to the recipient.
(b) Regulations.--The Legal Services Corporation shall
promulgate regulations to implement this section.
(c) Good Cause.--In this section, the term ``good cause'',
used with respect to debarment, includes--
(1) prior termination of the financial assistance of the
recipient, under part 1640 of title 45, Code of Federal
Regulations (or any similar corresponding regulation or
ruling);
(2) prior termination in whole, under part 1606 of title
45, Code of Federal Regulations (or any similar corresponding
regulation or ruling), of the most recent financial
assistance received by the recipient, prior to date of the
debarment decision;
(3) substantial violation by the recipient of the statutory
or regulatory restrictions that prohibit recipients from
using financial assistance made available by the Legal
Services Corporation or other financial assistance for
purposes prohibited under the Legal Services Corporation Act
(42 U.S.C. 2996 et seq.) or for involvement in any activity
prohibited by, or inconsistent with, section 504 of Public
Law 104-134 (110 Stat. 1321-53 et seq.), section 502(a)(2) of
Public Law 104-208 (110 Stat. 3009-59 et seq.), or section
502(a)(2) of this Act;
(4) knowing entry by the recipient into a subgrant,
subcontract, or other agreement with an entity that had been
debarred by the Corporation; or
(5) the filing of a lawsuit by the recipient, on behalf of
the recipient, as part of any program receiving any Federal
funds, naming the Corporation, or any agency or employee of a
Federal, State, or local government, as a defendant.
Sec. 505. (a) Not later than January 1, 1998, the Legal
Services Corporation shall implement a system of case
information disclosure which shall apply to all basic field
programs which receive funds from the Legal Services
Corporation from funds appropriated in this Act.
(b) Any basic field program which receives Federal funds
from the Legal Services Corporation from funds appropriated
in this Act must disclose to the public in written form, upon
request, and to the Legal Services Corporation in semiannual
reports, the following information about each case filed by
its attorneys in any court:
(1) The name and full address of each party to the legal
action unless such information is protected by an order or
rule of a court or by State or Federal law or revealing such
information would put the client of the recipient of such
Federal funds at risk of physical harm.
(2) The cause of action in the case.
(3) The name and address of the court in which the case was
filed and the case number assigned to the legal action.
(c) The case information disclosed in semi-annual reports
to the Legal Services Corporation shall be subject to
disclosure under section 552 of title 5, United States Code.
Sec. 506. In establishing the income or assets of an
individual who is a victim of domestic violence, under
section 1007(a)(2) of the Legal Services Corporation Act (42
U.S.C. 2996f(a)(2)), to determine if the individual is
eligible for legal assistance, a recipient described in such
section shall consider only the assets and income of the
individual, and shall not include any jointly held assets.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,185,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$283,000,000, of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the International
Organization of Securities Commissions, and of which not to
exceed $100,000 shall be available for expenses 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
[[Page H10829]]
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 Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment
Act, as amended, $3,500,000, to remain available without
fiscal year limitation as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572 (106 Stat. 4515-4516)),
$6,850,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official
reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1998, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions,
or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 1998, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Committees of
both Houses of Congress are notified fifteen days in advance
of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using
funds made available in this Act, the head of each Federal
agency, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines
of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the
Federal entity or official to which such funds are made
available that such guidelines 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
[[Page H10830]]
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 at the time of
retirement or separation as they received while on duty.
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. (a) None of the funds appropriated or otherwise
made available in this Act shall be used to issue visas to
any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-
Hubert Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon
by President Rene Preval;
(3) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau,
Jr., and was credibly alleged to have ordered, carried out,
or materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to
have planned, ordered, or participated with members of the
Haitian Armed Forces in--
(A) the September 1991 coup against any person who was a
duly elected government official of Haiti (or a member of the
family of such official), or
(B) the murders of thousands of Haitians during the period
1991 through 1994; or
(5) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned,
ordered, or participated in acts of violence against the
Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise
be excluded under this section is necessary for medical
reasons or such person has cooperated fully with the
investigation of these political murders. If the Secretary of
State exempts any such person, the Secretary shall notify the
appropriate congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list
of those who have been credibly alleged to have ordered or
carried out the extrajudicial and political killings
mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided
under paragraph (1) to the appropriate congressional
committees not later than 3 months after the date of
enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and
the Attorney General shall submit to the appropriate
congressional committees a list of aliens refused entry to
the United States as a result of this provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of
enactment of this Act and not later than March 1 of each year
thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and
political killings and has not prosecuted those implicated
for the killings specified in paragraph (1) of subsection
(a).
[[Page H10831]]
(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. Report on Universal Service under the
Telecommunications Act of 1996.--(a) 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. (a) In General.--Notwithstanding any provision of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.), the Administrator of General
Services shall convey, to any person that acquires an
interest in the Naval Petroleum Reserve Numbered 1 (Elk
Hills) under subtitle B of title XXXIV of the National
Defense Authorization Act for Fiscal Year 1996 (110 Stat.
631), not to exceed 318 motor vehicles that are leased for
use at that reserve on November 6, 1997.
(b) Procedures and Requirements.--Any conveyance of motor
vehicles under this section shall be made--
(1) after payment to the United States of consideration
equal to the fair market value of the motor vehicles; and
(2) under procedures, terms, and conditions that shall be
established by negotiation between the Administrator of
General Services and the person to whom the motor vehicles
are conveyed.
(c) Treatment of Proceeds.--Amounts received by the United
States as consideration for motor vehicles conveyed under
this section shall be retained in the General Supply Fund and
available in the same manner as are increments for estimated
replacement cost of motor vehicles under section 211(d)(2) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 491(d)(2)).
Sec. 627. 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. 628. Notwithstanding the failure of Clarence P.
Stewart of Broadway, North Carolina, to file a timely appeal
of his wrongful dismissal, during a reduction in force, from
the Department of Agriculture as a State Executive Director
for the former Agricultural Stabilization and Conservation
Service of the Department, the Secretary of Agriculture shall
cause Clarence P. Stewart to be afforded relief that is fully
commensurate with the relief afforded the similarly-
dismissed appellants in the case before the Merit Systems
Protection Board styled Blalock v. Department of
Agriculture, 28 M.S.P.R. 17 (1985).
Sec. 629. Funds made available under Public Law 103-112 for
the purposes of section 2007 of the Social Security Act shall
be considered ``qualified nonprivate funds'' for the purposes
of section 103(13)(B) of the Small Business Investment Act of
1958 (15 U.S.C. 662(13)(B)); provided such funds were
invested on or before July 1, 1995 in a licensee that was
licensed prior to July 1, 1990 under section 301 of the Small
Business Investment Act of 1958 (15 U.S.C. 681).
Sec. 630. Section 332 of the Act making appropriations for
the Department of the Interior and related agencies for the
fiscal year ending September 30, 1998, and for other
purposes, H.R. 2107 (105th Congress, 1st Session), is amended
as follows--
(1) after ``October 1, 1997'' strike ``, or'' and insert in
lieu thereof ``; those national forests''; and
(2) after ``court-ordered to revise'' strike ``,'' and
insert in lieu thereof ``; and the White Mountain National
Forest''.
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. (a) In General.--The Secretary of Energy shall--
(1) convey, without consideration, to the Incorporated
County of Los Alamos, New Mexico (in this section referred to
as the ``County''), or to the designee of the County, fee
title to the parcels of land that are allocated for
conveyance to the County in the agreement under subsection
(e); and
(2) transfer to the Secretary of the Interior, in trust for
the Pueblo of San Ildefonso (in this section referred to as
the ``Pueblo''), administrative jurisdiction over the parcels
that are allocated for transfer to the Secretary of the
Interior in such agreement.
(b) Preliminary Identification of Parcels of Land for
Conveyance or Transfer.--(1) Not later than 90 days after the
date of enactment of this Act, the Secretary of Energy shall
submit to the congressional defense committees a report
identifying the parcels of land under the jurisdiction or
administrative control of the Secretary at or in the vicinity
of Los Alamos National Laboratory that are suitable for
conveyance or transfer under this section.
(2) A parcel is suitable for conveyance or transfer for
purposes of paragraph (1) if the parcel--
(A) is not required to meet the national security mission
of the Department of Energy or will not be required for that
purpose before the end of the 10-year period beginning on the
date of enactment of this Act;
(B) is likely to be conveyable or transferable, as the case
may be, under this section not later than the end of such
period; and
(C) is suitable for use for a purpose specified in
subsection (h).
(c) Review of Title.--(1) Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
the congressional defense committees a report setting forth
the results of a title search on each parcel of land
identified as suitable for conveyance or transfer under
subsection (b), including an analysis of any claims against
or other impairments to the fee title to each such parcel.
(2) In the period beginning on the date of the completion
of the title search with respect to a parcel under paragraph
(1) and ending on the date of the submittal of the report
under that paragraph, the Secretary shall take appropriate
actions to resolve the claims against or other impairments,
if any, to fee title that are identified with respect to the
parcel in the title search.
(d) Environmental Restoration.--(1) Not later than 21
months after the date of enactment of this Act, the Secretary
shall--
(A) identify the environmental restoration or remediation,
if any, that is required with respect to each parcel of land
identified under subsection (b) to which the United States
has fee title;
(B) carry out any review of the environmental impact of the
conveyance or transfer of each such parcel that is required
under the provisions of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(C) submit to Congress a report setting forth the results
of the activities under subparagraphs (A) and (B).
(2) If the Secretary determines under paragraph (1) that a
parcel described in paragraph (1)(A) requires environmental
restoration or remediation, the Secretary shall, to the
maximum extent practicable, complete the environmental
restoration or remediation of the parcel not later than 10
years after the date of enactment of this Act.
(e) Agreement for Allocation of Parcels.--As soon as
practicable after completing the review of titles to parcels
of land under subsection (c), but not later than 90 days
after the submittal of the report under subsection (d)(1)(C),
the County and the Pueblo shall submit to the Secretary an
agreement between the County and the Pueblo which allocates
between the County and the Pueblo the parcels identified for
conveyance or transfer under subsection (b).
(f) Plan for Conveyance and Transfer.--(1) Not later than
90 days after the date of the submittal to the Secretary of
Energy of the agreement under subsection (e), the Secretary
shall submit to the congressional defense committees a plan
for conveying or transferring parcels of land under this
section in accordance with the allocation specified in the
agreement.
(2) The plan under paragraph (1) shall provide for the
completion of the conveyance or transfer of parcels under
this section not later than 9 months after the date of the
submittal of the plan under that paragraph.
[[Page H10832]]
(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. 633. Effective only for losses beginning March 1, 1997
through the date of enactment of this Act, the Secretary of
Agriculture may use up to $6,000,000 from proceeds earned
from the sale of grain in the disaster reserve established in
the Agricultural Act of 1970 to implement a livestock
indemnity program for losses from natural disasters pursuant
to a Presidential or Secretarial declaration requested
subsequent to enactment of Public Law 105-18 and prior to
December 1, 1997, in a manner similar to catastrophic loss
coverage available for other commodities under 7 U.S.C.
1508(b): Provided, That in administering a program described
in the preceding sentence, the Secretary shall, to the extent
practicable, utilize gross income and payment limitations
conditions established for the Disaster Reserve Assistance
Program for the 1996 crop year: Provided further, That the
entire amount shall be available only to the extent an
official budget request, that includes designation of the
entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to
the Congress: Provided further, 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.
Sec. 634. 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 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 Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998''.
And the Senate agree to the same.
Harold Rogers,
Jim Kolbe,
Ralph Regula,
Mike Forbes,
Tom Latham,
Bob Livingston
Alan B. Mollohan,
David E. Skaggs
(except for sections 209, 210, 502, and 505),
Julian C. Dixon
Managers on the Part of the House.
Judd Gregg,
Ted Stevens,
Pete Domenici,
Mitch McConnell,
Kay Bailey Hutchison,
Ben Nighthorse Campbell,
Thad Cochran,
Fritz Hollings,
Daniel Inouye,
Dale Bumpers,
Frank Lautenberg,
Barbara A. Mikulski,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2267) making
appropriations 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,
submit the following joint statement to the House and the
Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying
conference report. The legislative intent in the House and
Senate versions in H.R. 2267 is set forth in the accompanying
House report (H. Rept. 105-207) and the accompanying Senate
report (S. Rept. 105-48).
Senate Amendment: The Senate deleted the entire House bill
after the enacting clause and inserted the Senate bill. The
conference agreement includes a revised bill.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
The conference agreement includes $76,199,000 for General
Administration, as proposed in the House bill, instead of
$79,373,000 as proposed in the Senate bill. Funding is
provided in accordance with the House and Senate reports with
the following exceptions for program increases. The
conference agreement assumes $3,600,000 for continued support
for counterterrorism security initiatives provided in fiscal
year 1997, $426,000 for additional staffing for the Office of
Professional Responsibility, and $1,100,000 for adjustments
to base. The conferees also support the transfer of
$5,000,000 from the INS Examinations Fee account to the
General Administration account for Justice Management
Division oversight of the naturalization program, as provided
in the House report. In addition, the conferees support
recommendations in the House and Senate reports regarding
development of a drug strategy, restructuring of the INS and
review of capital case prosecutions.
The conference agreement also includes a provision as
proposed in the House bill, that prohibits the Offices of
Legislative and Public Affairs from being supplemented by
reimbursable and non-reimbursable details.
Format for Budget Submissions and Reprogrammings.--The
Senate report included a number of concerns with the
presentation of budget submissions and the number of
reprogramming requests for the Department of Justice. The
conferees agree that instead of adopting the recommendations
in the Senate report for changes to these submissions, the
Department of Justice should consult with the Committees on
Appropriations of both the House and Senate on options to
consolidate budget submissions for Department of Justice
programs funded through various funding sources and to
streamline its reprogramming submissions.
counterterrorism fund
The conference agreement includes $52,700,000 for the
Counterterrorism Fund, instead of $20,000,000 as proposed in
the House bill and $29,450,000 as proposed in the Senate
bill. The conferees understand that in addition to amounts
provided in this bill, unobligated balances of $28,169,000
remain available from previous appropriations for
authorized purposes of this Fund.
Within the amounts provided in the conference agreement,
$32,700,000 is included for a new Department of Justice
counterter rorism initiative to address the increasing threat
of domestic and international terrorism. The conferees remain
committed to ensuring that law enforcement and the
intelligence community have a comprehensive strategy to
combat domestic and international terrorism, and that anti-
terrorism, counterterrorism, and security efforts are
aggressively pursued and given the highest priority.
Last year, Congress directed the Attorney General to
consult with other key departments and agencies and to submit
a comprehensive counterterrorism strategy. That strategy was
provided to the Congress in May, 1997. During subsequent
oversight hearings conducted by both the House and Senate
[[Page H10833]]
Appropriations Committees, it became apparent that
vulnerabilities to our national security still exist,
especially with respect to the emerging threats from chemical
and biological agents and cyber-attacks on computer systems
within the United States. The conferees agree that additional
emphasis is needed to coordinate efforts among the many
participating departments and agencies that have personnel,
resources, and expertise to contribute to this critical
mission and to move efforts forward in a multilateral and
institutionalized manner.
Counterterrorism Technology Research and Development.--Of
the amount provided, $1,000,000 is included for the Attorney
General, in consultation with the Secretary of Defense, the
Secretary of State, the Secretary of the Treasury, the
Director of the Federal Bureau of Investigation, the Director
of Central Intelligence, and drawing upon expertise of
academia, the private sector and State and local law
enforcement, to develop a five-year inter-departmental
counterterrorism and technology crime plan that is
representative of all participating agencies that: (1)
identifies critical technologies for targeted research and
development efforts; (2) outlines strategies for
preventing, deterring and reducing vulnerabilities to
terrorism and improving law enforcement agency
capabilities to respond to terrorist acts while ensuring
interagency cooperation; (3) outlines strategies for
integrating crisis and consequence management; (4)
outlines strategies to protect our National Information
Infrastructure and explore critical technologies through
research and development; and (5) outlines strategies to
improve State and local capabilities for responding to
terrorist acts involving bombs, improvised explosive
devices, chemical and biological agents and cyber-attacks.
The conferees expect that this plan will serve as a
baseline strategy for coordination of national policy and
operational capabilities to combat terrorism and will be
updated annually to institutionalize this effort. A
prospectus shall be submitted in an expanded outline
format with estimated time lines and major milestones for
completion of the unified counterterrorism and technology
crime plan, to the Committee on Appropriations of both the
House and Senate no later than February 1, 1998. The final
plan shall be submitted to appropriate congressional
committees no later than December 31, 1998.
In addition, $10,500,000 is provided for the Attorney
General to conduct a directed priority research and
development program in engineering, communications, forensic
sciences and tactical disciplines, and including an emphasis
on fieldable technology development and deployment, through
appropriate Federal agencies, universities, national
laboratories and the private sector. Within these amounts,
the Attorney General is to provide $2,000,000 for the
Security Technology Program of the Southwest Surety
Institute, administered by New Mexico State University, the
New Mexico Institute of Mining and Technology, and Arizona
State University, to conduct research and training on law
enforcement and security technologies for the protection of
persons, facilities, and information and for limiting the
threat of terrorist activities. In addition, the conferees
note the importance and usefulness of the development of
explosives detection technology in assisting law enforcement
personnel in the detection of explosive materials before a
bombing incident. Within the amount provided, the conferees
expect the Federal Bureau of Investigation to pursue research
and development of explosives detection technology.
Improving State and Local Response Capabilities.--The
conference agreement includes $21,200,000 to ensure that
State and local agencies have basic equipment and training
for responding to chemical or biological incidents and
incidents involving improvised explosive devices. Within this
amount, $16,000,000 is provided for acquisition of personnel
protective gear, and detection, decontamination, and
communications equipment for State and local agencies and for
response training. The conferees direct the Attorney General
to provide $2,000,000 to support operations of the State and
local training center for First Responders at Fort McClellan,
Alabama, $2,000,000 for the operations of a similar training
center in conjunction with the Energetic Materials Research
and Testing Center at the New Mexico Institute of Mining and
Technology, and also urge the use of existing national assets
including the National Emergency Response and Rescue Training
Center at the Texas Engineering Extension Service and the
Nevada Test Site, to serve as national training centers to
prepare relevant Federal, State and local officials,
including law enforcement, firefighters, emergency medical
personnel, and other key agencies such as public works and
emergency management agencies, to prepare for and respond
to chemical, biological, or other terrorist acts.
Within the overall amount provided, $5,200,000 is included
for bomb technician training at the Hazardous Devices School
at Redstone Arsenal, Alabama to improve capabilities of State
and local agencies to respond to incidents involving
improvised explosive devices.
The conferees direct the Attorney General to develop a plan
for directing and coordinating training and exercise
activities and expect this plan to be prepared with
consultation of other appropriate agencies to ensure the
curriculum and training provided are consistent with overall
national counterterrorism preparedness programs and goals.
administrative review and appeals
The conference agreement includes $129,258,000 for
Administrative Review and Appeals instead of $125,700,000 as
proposed in the House bill and $79,258,000 as proposed in the
Senate bill, of which $59,251,000 is provided from the
Violent Crime Reduction Trust Fund (VCRTF). Of the total
amount provided, $1,557,000 is included for the Office of the
Pardon Attorney and $127,701,000 is included for the
Executive Office for Immigration Review (EOIR). Within
amounts provided for EOIR, $6,480,000 is included to support
18 additional immigration judges for border control, removal
of criminal and non-criminal aliens, and interior deterrence
initiatives, $3,525,000 is for ten additional immigration
judges to address additional caseload related to deportation
provisions in the Anti-Terrorism and Effective Death Penalty
Act of 1996, and $140,000 is for electronic freedom of
information requirements and systems modernization.
Office of Inspector General
The conference agreement includes $33,211,000 for the
Office of Inspector General, as proposed in Senate bill,
instead of $35,211,000 as proposed in the House bill. In
addition, the conference agreement includes a provision, as
proposed in the House bill, that allows the Attorney General
to transfer up to one-tenth of one percent of grant funds
provided under the Violent Crime Reduction Trust Fund (VCRTF)
to the Office of the Inspector General for audit and review
of these grant programs.
The conference agreement also assumes that in addition to
amounts provided from direct appropriations, $3,695,000 will
be provided to the Office of Inspector General from the INS
Examinations Fee account for the investigation and review of
the INS Citizenship U.S.A. program.
United States Parole Commission
salaries and expenses
The conference agreement includes $5,009,000 for the U.S.
Parole Commission, as proposed in the Senate bill, instead of
$4,799,000 as proposed in the House bill. Funding is provided
in accordance with the Senate report.
Legal Activities
salaries and expenses, general legal activities
The conference agreement includes $452,169,000 for General
Legal Activities, instead of $453,269,000 as proposed in the
House bill and $445,147,000 as proposed in the Senate bill,
of which $7,969,000 is provided from the Violent Crime
Reduction Trust Fund (VCRTF) as proposed in both the House
and Senate bills.
Funding is provided in accordance with the House and Senate
reports with the following exceptions for program increases.
The amount provided in the conference agreement provides pay
and inflation increases for all divisions and the following
program increases: (1) $1,077,000 for the Criminal Division
to support the Southwest Border initiative, Federal capital
case prosecutions, international extradition and overseas
positions in Brasilia; (2) $462,000 for Tax Division
prosecutions; (3) $5,483,000 for the Civil Division's defense
of claims under the Financial Institution Reform, Recovery
and Enforcement Act. In addition, the conferees expect that
within the amounts provided for the Criminal Division,
$300,000 will be used to enhance support for the Office of
Special Investigations activities involving Nazi war
criminals and that the Criminal Division will work with its
counterparts in the Department of State to increase the
effectiveness of bi-lateral prisoner transfer treaties, as
stated in the House report.
The conference agreement allows $17,525,000 to remain
available until expended for office automation systems as
proposed in the House bill instead of $24,555,000 as proposed
in the Senate bill. In addition, the conferees direct the
Attorney General to use $7,100,000 of surplus balances in the
Assets Forfeiture Fund to support implementation of the
Justice Consolidated Office Network.
The conference agreement does not include a provision, as
proposed in the Senate bill, that would limit the level of
staffing and resources for the Offices of Legislative and
Public Affairs.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 1998 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed in both the House and Senate bills.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $93,495,000 for the
Antitrust Division, instead of $94,542,000 as proposed in the
House bill and $92,447,000 as proposed in the Senate bill.
The conference agreement assumes that of the amount provided,
$70,000,000 will be derived from fees collected in fiscal
year 1998 and $18,000,000 will be derived from estimated
unobligated fee collections available from 1997, resulting in
a net direct appropriation of $5,495,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,035,288,000 for the
U.S. Attorneys, instead of $1,035,828,000 as proposed in the
House bill and $1,032,532,000 as proposed in the Senate bill,
of which $62,828,000 is provided from the Violent Crime
Reduction Trust Fund
[[Page H10834]]
(VCRTF) as proposed in the House bill instead of $46,128,000
as proposed in the Senate bill.
Funding is provided in accordance with the House and Senate
reports with the following exceptions for program increases.
The amount provided in the conference agreement provides the
following program increases: (1) $3,897,000 for the U.S.
Attorneys support of the Southwest Border initiative; (2)
$9,786,000 for increased drug prosecutions, including
additional funding to support U.S. Attorney-led drug task
force projects and support for High Intensity Drug
Trafficking Area task forces; (3) $2,000,000 to support the
continuation and expansion of Violent Crime Task Forces in
New Hampshire and South Carolina into demonstration projects
focused on specific law enforcement problems such as the
impact of spillover violence coming from high crime urban
areas into much smaller neighboring jurisdictions or the
identification, investigation, and prosecution of violent,
repeat offenders operating either alone, as part of a gang,
or as part of a drug enterprise; (4) $6,237,000 for
activation of the National Advocacy Center; (5) $632,000 for
child support enforcement; and (6) $7,785,000 for critical
staffing needs for D.C. Superior Court, including $3,349,000
for support staff and $4,416,000 for attorney and support
staff for increased prosecutions, unsolved homicides, gang
prosecutions and Operation Ceasefire. In addition, the
conference agreement provides reimbursable funding for the
U.S. Attorneys of $853,000 from Violence Against Women Act
grants for domestic violence prosecutions in the District
of Columbia and $6,596,000 from the Office of Victims of
Crime to support 93 additional staff assigned to U.S.
Attorneys Offices for victims assistance. In addition,
within the amounts provided, the conferees agree that an
additional $100,000 should be used to support the U.S.
Attorneys Office in Guam for use in the Commonwealth of
the Northern Mariana Islands.
The conferees agree that additional resources are needed to
address the high volume of cases in the District of Columbia
and have provided 33 attorneys to support this caseload. The
conferees are also aware that the U.S. Attorneys Office is
proposing to restructure its entire D.C. Superior Court
section under a community prosecution model based on a pilot
project in the Fifth District. While it is understood that
the Fifth District pilot project has shown evidence of some
success, the conferees believe that before an entire
restructuring is implemented, a full evaluation of this
approach, including an analysis of cost effectiveness of this
model, should be completed. The conferees understand that the
National Institute of Justice is currently documenting
strategies that have emerged in the Fifth District pilot
project and possible ways to measure the success of this
project and is expected to complete this work by May 1998. In
addition, the conferees expect an evaluation of the Fifth
District pilot project to include an analysis of the
``papering'' process, which identifies how many arrested
suspects were not charged due to: (1) violation of suspects'
Constitutional rights; (2) unwillingness of victims to
cooperate with law enforcement; (3) recantation by, or
challenge of the veracity of, witnesses or victims; (4) lack
of probable cause for arrests; (5) subsequent determination
that alleged crimes were perpetrated by others or did not
occur; (6) lack of evidence; and (7) offenses falling under
the jurisdiction of the Office of the Corporation Counsel.
For the remaining cases where papering did not occur, the
D.C. U.S. Attorneys Office shall identify the reasons it
failed to file charges and outline any steps necessary to
correct deficiencies in its handling of the papering process.
The conferees also expect the U.S. Attorneys and other
Department of Justice components to redirect base resources
previously provided for financial institution fraud, in
accordance with the notification provided to the Committees
on August 1, 1997, to increase its prosecutive and
investigative efforts for fraud, white collar crime and
defensive civil litigation.
The conference agreement also includes the following
provisions: (1) allows $1,200,000 to remain available until
expended for development of an information systems strategy
for D.C. Superior Court, as proposed in the House bill; (2)
allows $2,500,000 to remain available until expended for the
National Advocacy Center, as proposed in the Senate bill; (3)
allows $2,000,000 for Violent Crime Task Forces to remain
available until expended, similar to a proposal in the Senate
bill; (4) allows $6,000,000 to remain available until
expended for office moves, as proposed in the House bill; and
(5) provides the total number of positions and full-time
equivalent employment expected to be supported by the level
of resources provided, as proposed in both the House and
Senate bills.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $114,248,000 in budget
(obligation) authority for the U.S. Trustees, to be entirely
funded from offsetting fee collections, instead of
$107,950,000 as proposed in the House bill and $116,721,000
as proposed in the Senate bill. The amount provided in the
conference agreement includes increases for the following
activities: (1) $4,952,000 to address increases in
bankruptcy filings; (2) $2,000,000 to expand the automated
fee application review project; (3) $608,000 to improve
security; (4) $200,000 for electronic interface
development with private trustees; (5) $104,000 for
improved criminal database access; and (6) $257,000 for
electronic freedom of information requirements.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement provides $1,226,000 for the
Foreign Claims Settlement Commission as proposed in both the
House and Senate bills, and assumes funding is provided in
accordance with the House and Senate reports.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $493,386,000 for the U.S.
Marshals Service instead of $488,497,000 as provided in the
House bill and $497,339,000 as proposed in the Senate bill.
Of this amount, the conference agreement provides that
$25,553,000 will be derived from the Violent Crime Reduction
Trust Fund (VCRTF) as proposed in both the House and Senate
bills.
The amount included in the conference agreement is provided
in accordance with the House and Senate reports and includes
program increases as follows: (1) $8,695,000 for staffing and
equipment for new and expanded courthouses; (2) $658,000 for
witness security; and (3) $5,145,000 for fugitive
apprehensions. In addition, the conferees direct the Attorney
General to provide a total of $2,134,000 from remaining 1997
balances in the Working Capital Fund and remaining surplus
balances in the Assets Forfeiture Fund, for replacement of
radios. The conferees also adopt the recommendations in the
Senate report regarding funding for the Justice Prisoner and
Alien Transportation System review and video conferencing.
The conference agreement does not include a provision, as
proposed in the Senate bill, that limits the level of
staffing and resources in the Offices of Legislative and
Public Affairs.
The conferees are aware that the Department of Justice's
asset forfeiture inventory which is managed by the U.S.
Marshals Service, currently includes a forfeited DC-3
aircraft which the Department of State International
Narcotics and Law Enforcement Affairs Section has requested
be transferred for international counter-narcotic purposes.
The conferees expect the Department of Justice to give this
transfer request priority consideration and to notify the
Committees on Appropriations of the House and Senate of its
intentions before any further action is taken by the U.S.
Marshals Service with regard to disposal of this aircraft.
The conferees are also concerned about the U.S. Marshals
Service oversight of Court Security Officers in the Fourth
Circuit. The conferees direct the Department of Labor to make
a complete review of wage determinations for Court Security
Officers in the Fourth Circuit, giving specific consideration
to comparable wages and benefits paid to Federal employees
and Federal contract employees in the area. In addition, the
conferees direct the U.S. Marshals Service, before the
exercise of any options, to recompete the Court Security
contract for the Fourth Circuit giving significant
consideration to wages paid to employees and their potential
impact on labor dissension.
FEDERAL PRISONER DETENTION
The conference agreement provides $405,262,000 for Federal
Prisoner Detention, as proposed in both the House and Senate
bills and assumes funding is provided in accordance with the
House and Senate reports.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $75,000,000 for Fees and
Expenses of Witnesses as proposed in both the House and
Senate bills and assumes funding is provided in accordance
with the House and Senate reports.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement provides $5,319,000 for the
Community Relations Service, as proposed in both the House
and Senate bills and in accordance with both the House and
Senate reports. In addition, the conference agreement
includes a provision, as proposed in the House bill, which
allows the Attorney General to transfer up to $2,000,000 of
funds available to the Department of Justice to this program.
The conferees direct the Attorney General to report to the
Committees on Appropriations of the House and Senate if this
transfer authority is exercised.
Assets Forfeiture Fund
The conference agreement provides $23,000,000 for the
Assets Forfeiture Fund as proposed in both the House and
Senate bills, and assumes funding is provided in accordance
with both the House and Senate reports.
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
The conference agreement includes $2,000,000 for
administrative expenses in accordance with the Radiation
Exposure Compensation Act, as proposed by both the House and
Senate bills. The conference agreement does not include an
advance appropriation of $2,000,000 for fiscal year 1999 for
this account, as proposed in the House bill.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
The conference agreement includes $4,381,000 for fiscal
year 1998 for payments to the Radiation Exposure Compensation
Trust Fund, as proposed by both the House and Senate bills
and assumes that funding is provided in accordance with the
House and Senate reports. The conference agreement does
[[Page H10835]]
not include an advance appropriation of $29,000,000 for
fiscal year 1999 for this program, as proposed in the House
bill.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement includes $294,967,000 for
Interagency Crime and Drug Enforcement as proposed by both
the House and Senate bills and assumes funding is provided in
accordance with the House and Senate reports with the
following exception. The conference agreement includes
language which allows $50,000,000 of the funds to be
available until expended as proposed in the House bill
instead of allowing all funding to be available until
expended as proposed in the Senate bill.
Federal Bureau of Investigation
salaries and expenses
The conference agreement includes $2,930,042,000 for the
Federal Bureau of Investigation (FBI), instead of
$2,886,065,000 as proposed in the House bill and
$3,016,389,000 as proposed in the Senate bill, of which
$179,121,000 is provided from the Violent Crime Reduction
Trust Fund (VCRTF) as proposed in both the House and Senate
bills. In addition, the conference agreement provides that
not less than $221,050,000 shall be used for counterterrorism
investigations, foreign counterintelligence, and other
activities related to national security, instead of
$147,081,000 as proposed by the House and $257,601,000 as
proposed by the Senate bill. This statement of managers
reflects the agreement of the conferees on how the funds
provided in the conference report are to be spent.
Counterterrorism Initiative.--The conference agreement
includes a significant increase for the FBI to enhance its
counterterrorism readiness capabilities for responding to and
managing incidents involving improvised explosive devices,
chemical and biological agents, and cyber-attacks. The
conference agreement does not include a classified annex for
counterterrorism, as proposed in the Senate bill, and instead
provides additional funding for counterterrorism activities
under this account and the Counterterrorism Fund. The
conference agreement provides a $143,451,000 increase for
counterterrorism activities of the FBI including: (1)
$77,586,000 to annualize 1,019 positions included in fiscal
year 1997 and to provide 245 new positions (including 133
agents) for counterterrorism activities; (2) $11,845,000 and
56 positions (including 34 agents) to establish Computer
Investigative and Infrastructure Threat Assessment (CITAC)
Teams and for technical equipment and contractor support for
the CITAC Center; (3) $900,000 for training and equipment for
Computer Analysis Response Teams; (4) $3,500,000 to equip the
Hostage Rescue Team and field office teams with equipment and
training for responding to a crisis situation involving
weapons of mass destruction; (5) $2,500,000 for operational
expenses of the National Security Division's Weapons of Mass
Destruction program; (6) $2,000,000 for safety equipment and
training of Evidence Response Teams and to outfit the
Hazardous Materials Response Unit with equipment, scientific
instruments and related forensic materials; (7) $1,600,000
for bomb technician equipment in field offices; and (8)
$43,520,000 to upgrade the capabilities of the FBI for timely
deployment of personnel and equipment to terrorist and
hostage incidents through replacement of aircraft. Within
this funding, $10,000,000 is provided to replace an existing
specialized surveillance aircraft used to support
counterterrorism, national security, and criminal
investigations, $23,200,000 is provided to replace outdated
1960's vintage helicopters used for tactical support,
$5,000,000 is provided to improve aviation surveillance
capabilities for the New York City field office, $2,000,000
is provided for necessary equipment and related items
required for rapid deployment of the Hostage Rescue Team
(HRT) and Special Weapons and Tactics (SWAT) personnel,
$1,500,000 is provided for helicopter pilot training,
$320,000 is provided for advance aircraft leasing, and
$1,500,000 is provided for increasing costs associated
with the availability of aircraft and training mission
support provided by the Department of Defense.
In addition, the conferees agree that the FBI may, within
available 1998 funding, implement the additional
authorizations agreed to by the House and Senate Committees
on Intelligence with respect to 1998 National Foreign
Intelligence Program activities.
Child Sexual Exploitation on the Internet.--The conference
agreement adopts the recommendation in the Senate report, to
expand the FBI's efforts to combat child pornography and
sexual exploitation on the Internet and via on-line service
providers. The conference agreement includes $10,000,000 and
60 new positions (including 25 agents) in accordance with the
Senate report for this initiative.
Southwest Border Initiative and Drug Investigations in
Mexico.--The conference agreement provides $16,717,000 and
138 positions (including 70 agents) to support the Southwest
Border initiative and $2,546,000 and 6 agents for FBI
participation on DEA Task Forces in Mexico.
International Program.--The conference agreement provides
$7,294,000 to expand FBI's Legal Attache program. The
conferees are aware of the FBI's selection process for
locations to station its Legal Attaches abroad and that the
FBI has recently initiated a planning process to address its
international operations that will, among other things,
assess the requirements for and the placement of all Legal
Attache offices. It is conceivable that some existing and
proposed locations may be supplanted during the process by
emerging locations with higher indicated priorities. The
conferees commend the FBI for initiating this process and
agree that prior to further expansion of international
operations, the FBI should complete this comprehensive
planning process which goes well beyond what it has
previously attempted. This planning process should lead to a
threat-based, outcome-oriented operations and activity plan
that will allow the FBI to demonstrate it is allocating its
personnel in a manner that optimizes both effectiveness and
impact. The conferees direct that such a plan, in each
instance: (a) identify specific criminal activity in the
United States which has a visible nexus to the foreign
country, (b) analyze the extent and significance or impact of
this criminal activity in the United States, and (c) specify
exactly how placing FBI personnel in the foreign country will
have a significant impact on defeating or reducing the
criminal activity. Thereafter, the plan should articulate and
specify a decision making process that insures resources are
committed to only the highest threat areas where there is a
reasonable expectation of successful outcomes. Factors such
as the status of relations with a particular nation must be
considered. Finally, a regular procedure must be identified
and implemented to measure the effectiveness and need for
each office, with a view toward reallocating resources when
warranted.
Within the amount provided the conferees have included
$1,912,218 for the specific purpose of enhancing existing
Legal Attache Offices in the high international crime threat
nexus countries of Mexico and Russia and $1,203,450 for
establishing an FBI presence in Nigeria. The remaining
$4,178,332 provided in the conference report shall be
available for the opening of new offices or expansion of
existing offices, subject to the reprogramming requirements
in section 605 of this Act and only when the FBI has
completed the following activities to determine the most
effective use of these resources: (1) completion of a
planning process which addresses at a minimum the elements
discussed above; (2) application of this process to a
rigorous in-depth examination of the FBI's international
operations including existing as well as anticipated Legal
Attache Offices and extraterritorial squad activities; and
(3) development of a current, outcome-oriented operations
and activity plan that identifies FBI overseas
requirements based on demonstrated threat.
Organized Crime/La Cosa Nostra.--The conference agreement
provides $5,000,000 and 47 positions (28 agents), as proposed
in both the House and Senate bills, to enhance investigative
resources addressing the La Cosa Nostra.
Infrastructure Requirements.--The conference agreement
includes an increase of $21,394,000 for the following
activities: (1) $8,000,000 to conduct security
reinvestigations of FBI employees; (2) $2,000,000 to upgrade
and strengthen the capabilities of the National Backstopping
Centers; and (3) $11,394,000 for processing of Freedom of
Information and Privacy Act (FOIA) requests. In addition, the
conferees direct the Attorney General to provide from surplus
balances in the Assets Forfeiture Fund, $9,059,000 for the
FBI's acquisition of a FOIA document processing system and
$6,000,000 to begin replacement of microwave radio
communications equipment.
In addition to the items stated above, the conferees adopt
the recommendations included in the House and Senate reports
regarding IAFIS and NCIC 2000, hiring status reports,
$2,000,000 for the Cargo Theft Task Force, consideration of
the development of MDTV at the FBI fingerprint center,
veterans investigations and training curricula of FBI and DEA
at the training facility in Quantico, Virginia, and do not
support consideration of the establishment of an additional
training facility. The conferees are also aware that high-
tech crime and the incidence of crime within the high-tech
industry have become an increasing problem for United States
technology companies and request that the FBI provide a
report to the Committees on Appropriations of both the House
and Senate by March 1, 1998, that outlines FBI's strategic
plan to address this problem, including the current and
projected number of staff and the geographic distribution of
resources dedicated to this issue.
In addition to identical provisions that were included in
both the House and Senate bills, the conference agreement
includes the following provisions: (1) allows $98,400,000 to
remain available until expended, as proposed in the House
bill, of which the conferees expect that $84,400,000 will be
used for expenses related to automation of fingerprint
identification services; (2) allows up to $45,000 to be used
for official reception and representation expenses as
proposed in the House bill, instead of $60,000 as proposed in
the Senate bill; and (3) prohibits funds from being used to
provide for ballistics equipment to State and local entities
that have received similar equipment from other Federal
agencies, as proposed in the House bill. The conference
agreement does not include a provision, included in the
Senate bill, that would have limited the level of staffing
and resources in the Offices of Legislative and Public
Affairs.
[[Page H10836]]
Telecommunications Carrier Compliance Fund
The conference agreement does not include additional
funding for the Telecommunications Carrier Compliance Fund,
for making payments to telecommunications carriers, equipment
manufacturers, and providers of telecommunications support
services to implement technology changes under the
Communications Assistance for Law Enforcement Act (CALEA), as
proposed in the Senate bill. The House bill included
$50,000,000 for this Fund for national security purposes. The
conferees understand there is currently $101,000,000
available in the Fund which is sufficient to support
reimbursement to the telecommunications industry during
fiscal year 1998.
The conferees note with concern, the continued delays in
implementation of the Communications Assistance for Law
Enforcement Act (CALEA). CALEA was enacted over three years
ago and there has been little, if any, progress in developing
much needed upgrades for telecommunications systems to
support law enforcement wiretapping requirements. Based on
recent discussions between the Committees on Appropriations,
the Department of Justice and representatives from the
telecommunications industry, an agreement was reached in an
attempt to move this process forward, which included a
commitment by both the industry and law enforcement that by
January 4, 1998, the Department of Justice will provide to
the Committees on Appropriations: (1) cost estimates for the
development and deployment of the solution; (2) a timeline
for development and deployment of the solution; and (3) two
signed cooperative agreements with appropriate
telecommunications carriers and/or equipment manufacturers.
The conferees agree that completion of these steps will
indicate whether or not industry and law enforcement
officials are committed to the implementation of CALEA and
whether additional funding, within the amounts authorized for
reimbursement to the telecommunications industry, will be
provided in the future.
CONSTRUCTION
The conference agreement includes $44,506,000 in direct
appropriations for construction for the Federal Bureau of
Investigation (FBI), instead of $38,506,000 as proposed in
the House bill and $59,006,000 as proposed in the Senate
bill. Within the amount provided, the conference agreement
assumes funding for completion of the FBI laboratory,
$4,660,000 for renovation and realignment of the Los Angeles
Field Office, $2,000,000 to lease a new aviation hangar
facility, and $4,000,000 to address the backlog of repair and
maintenance of FBI-owned facilities in accordance with the
Senate report.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes $1,127,378,000 for the
salaries and expenses of the Drug Enforcement Administration
(DEA), instead of $1,124,500,000 as proposed in the House
bill and $1,080,382,000 as proposed in the Senate bill, of
which $403,537,000 is provided from the Violent Crime
Reduction Trust Fund (VCRTF), instead of $310,037,000 as
proposed in the House bill and $441,117,000 as proposed in
the Senate bill. In addition to amounts appropriated, the
conference agreement assumes that $58,268,000 will be
available from the Diversion Control Fund for diversion
control activities and assumes funding is provided in
accordance with the House and Senate reports. This statement
of managers reflects the agreement of the conferees on how
the funds provided in the conference report are to be spent.
The conference agreement adopts the recommendation in the
House report to significantly expand DEA's efforts to address
drug trafficking throughout the Caribbean. The conference
agreement includes $34,217,000 and 60 new agents in
accordance with the House report for this initiative. In
addition, the conference agreement includes the following
program increases: (1) $29,741,000 to support counter-drug
efforts along the Southwest border, in accordance with the
House and Senate reports; (2) $11,046,000 and 54 agents
targeted at methamphetamine production and trafficking, in
accordance with the House report; (3) $10,000,000 and 120
positions for efforts to reduce heroin trafficking, in
accordance with the Senate report; and (4) $39,534,000 to
address crucial investigative and intelligence
infrastructure requirements, including $19,425,000 for
DEA's FIREBIRD data processing system and MERLIN
intelligence system, $4,670,000 for ADP maintenance and
equipment, $5,638,000 for 85 additional intelligence
analysts, $1,000,000 for DEA support for new High
Intensity Drug Trafficking Areas, $7,801,000 for
relocation of agents, and $1,000,000 for aircraft
replacement. In addition, the conference agreement does
not include a provision, included in the Senate bill, that
limits the level of staffing and resources in the Offices
of Legislative and Public Affairs.
The conferees also adopt recommendations in the Senate
report regarding the drug diversion control fee account and
the DEA training facility in Quantico, Virginia. In addition,
the conferees request that DEA provide to the Committees on
Appropriations, any information that it has available
regarding the impact in the Caribbean on increases in drug
trafficking resulting from a recent decision of the World
Trade Organization to discontinue the special relationship of
Caribbean countries to the European Union.
construction
The conference agreement includes $8,000,000 in direct
appropriations for construction for the Drug Enforcement
Administration (DEA), instead of $5,500,000 as proposed in
the House bill and $10,500,000 as proposed in the Senate
bill. Within the amount provided, the conference agreement
assumes $5,500,000 will be used for reconstruction of five of
DEA's regional laboratory facilities and $2,500,000 will be
used to address the backlog of repair and maintenance of DEA-
owned facilities, in accordance with the Senate report.
Immigration and Naturalization Service
salaries and expenses
The conference agreement includes $2,266,092,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS), instead of $2,297,398,000 as proposed in the
House bill and $2,150,097,000 as proposed in the Senate bill,
of which $608,206,000 is provided from the Violent Crime
Reduction Trust Fund (VCRTF), instead of $690,957,000 as
proposed in the House bill and $719,898,000 as proposed in
the Senate bill. In addition to amounts appropriated, the
conference agreement assumes that $1,461,183,000 will be
available from offsetting fee collections, instead of
$1,215,191,000 as proposed by the House and $1,198,659,000 as
proposed by the Senate bill. Thus, including resources
provided under construction, the conference agreement
provides a total operating level of $3,803,234,000 for INS,
instead of $3,583,548,000 as proposed by the House,
$3,422,315,000 as proposed by the Senate bill, and
$3,652,175,000 as requested by the Administration. This
statement of managers reflects the agreement of the conferees
on how the funds provided in the conference report are to be
spent.
Border Control.--The conference agreement includes: (1)
$125,322,000 for 1,000 new border patrol agents and 136
support personnel, instead of 500 new agents as requested by
the Administration; (2) $42,500,000 for border patrol
equipment and technology including forward-looking infrared
scopes, airborne electro-optical survelliance systems,
night vision scopes, radios, sensors, low light television
systems, and of which $16,200,000 is provided for
continued development and deployment of the ENFORCE and
IDENT systems; and (3) $11,500,000 for land border
automation systems. The conferees are aware that new
border technologies exist which are alleged to be useful
in improving the overall effectiveness of border control
efforts and encourage the INS to examine the feasibility
and cost effectiveness of using various types of aircraft,
airborne surveillance platforms (both manned and
unmanned), electro-optical and infrared sensor systems and
geographic positioning and mobile command and control
systems, for border patrol operations.
The conference agreement adopts recommendations included in
the House and Senate reports for continued reports on Border
Patrol hiring, training and enforcement strategy, and a pilot
project for reimbursement for emergency ambulance services in
Nogales, Arizona.
Interior Enforcement/Removal of Deportable Aliens.--The
conference agreement includes the following increases to
enhance INS' ability to deport illegal aliens: (1)
$48,321,000 to provide 1,864 additional detention bedspaces
at INS facilities in Buffalo, New York and Krome, Florida, a
contract facility in San Diego, California and additional
contracts with State and local agencies; (2) $12,073,000 to
locate and remove deportable aliens; (3) $6,751,000 to expand
the local jail program; and (4) $5,000,000 to expand the Law
Enforcement Support Center (LESC). Because direct
appropriations have been provided for the LESC, the
conference agreement assumes that $3,800,000 of enforcement
fines resources previously used to support the LESC will be
used to support base border patrol technology requirements.
However, within overall amounts available to INS, the
conferees expect INS to expand LESC services to Utah.
The conference agreement also assumes that $104,471,000 of
additional funding from the Breached Bond/Detention Account
will support 1,136 additional detention bedspaces in fiscal
year 1998, bringing the total funded level of detention
bedspaces to 15,050, an increase of 3,000 detention beds over
fiscal year 1997.
The conference agreement also adopts the recommendation in
the House report regarding the need for a revised interior
enforcement strategy which the INS is expected to submit to
the Committees on Appropriations of both the House and Senate
by April 1, 1998. In addition, the conferees agree with
language included in the House and Senate reports regarding
continued support for the local jail programs in Anaheim City
and Ventura County, California, and the California Criminal
Alien Identification and Intervention Program, escort of
deported criminal aliens on commercial passenger aircraft,
and implementation of a cross-deputization pilot project with
a qualified State and local law enforcement agency. The
conferees also expect INS to use funding provided for
verification systems in accordance with the House report and
also support the use of $3,948,000 of this funding to provide
69 positions for status verification.
In addition, the conferees agree to a modified plan,
proposed by the State Department, for orphan adoptions in the
Russian Far East. Consular officers in Vladivostok will
[[Page H10837]]
forward approved immigrant visa applications to Moscow by
courier for final processing. Final processing and return of
immigrant visas to Vladivostok will occur within the 10-day
waiting period after final adoption hearings. The conferees
commend INS for its cooperation in developing this plan.
Deployment of Resources.--The conferees expect the INS to
continue its consultation with the Committees on
Appropriations of both the House and Senate before deployment
of new border patrol agents and additional staffing included
in this conference agreement.
Naturalization.--The conference agreement provides over
$163,000,000 to address naturalization caseload and to
improve the integrity of the naturalization process. Within
the amounts provided from direct appropriations, the
following increases are included: (1) $16,830,000 for
purchase and installation of fingerprint scanners; and (2)
$3,391,000 for revocation of citizenship for criminals
improperly naturalized. The conferees agree with the
recommendation in the House report that requires INS to
report on a quarterly basis on the status of the revocation
proceedings and any actions that follow for deportation.
In addition, the conference agreement includes two
provisions to address the INS fingerprinting process for
applicant benefits. A provision is included, as proposed in
the House bill, which requires INS to wait for the FBI to
complete both a name and fingerprint criminal history check
before completing the adjudication of an application for
citizenship. The conference agreement also includes language,
similar to language included in both the House and Senate
bills, that prohibits INS from accepting fingerprint cards
for applicant benefits from any individual or entity other
than a State and local law enforcement agency or the
Departments of State and Defense which are authorized to
perform fingerprinting services for applicants applying for
immigration benefits who are residing abroad. The conferees
understand that INS is fully prepared to accept this
fingerprinting responsibility and has entered into a contract
to provide personnel to conduct fingerprinting services at
INS locations. It is further understood that the
contractor performing these services for the INS will
lease space, hire contract personnel, and operate the INS
fingerprint facilities but that INS personnel will be
stationed at all times at each such facility to ensure
quality control and to supervise the operation of the
facility. In addition, the contractor will file with INS
on a monthly basis a certification that all its employees
performing any services related to or connected in any way
with the preparation of FD-258 fingerprint cards have
undergone government background checks and received FBI
approved training.
The conferees also expect that State and local law
enforcement agencies will be registered with the INS prior to
providing fingerprint services to benefit applicants. To be
considered registered with the INS, a law enforcement agency
must (1) notify the INS of its intention to take fingerprints
and (2) provide INS with a list of all employees that the law
enforcement agency will use to take fingerprints.
The conference agreement also provides language that allows
INS, the Departments of State and Defense and State and local
law enforcement agencies to collect and retain a fee for
fingerprinting services. Any fee established for this service
by a Federal agency shall be established by regulation in
order to reimburse agencies for expenses in providing
fingerprint services, including administrative and support
costs, and the collection, safeguarding and accounting for
such fees. An interim regulation may be employed in the early
stages of the program, to implement all aspects of the
program, including setting of a fingerprint fee, while the
normal studies to justify a fee regulation are being
conducted.
INS Organization and Management.--The conference agreement
provides $3,086,000 for processing of Freedom of Information
and Privacy Act (FOIA) requests in accordance with electronic
FOIA requirements. In addition, the conferees adopt
recommendations included in the House report with regard to
review of recommendations of the Commission on Immigration
Reform on restructuring, reorganizing and managing the
immigration responsibilities of the INS. The conference
agreement also includes a provision, as proposed in the House
bill, which authorizes and directs the Attorney General to
impose disciplinary actions, including termination of
employment, under the same policies and procedures applicable
to employees of the FBI, for any INS employee who violates
Department policies and procedures relative to granting
citizenship or who willfully deceives the Congress or
Department Leadership on any matter. Also included is a
provision, similar to provisions proposed in both the House
and Senate bills, that reduces by 10 percent, the level of
staffing for the Offices of Legislative and Public Affairs.
The conferees do not intend for this staffing reduction to be
applied to the staffing dedicated to casework or to the
legislative branch office that directly serves Congress. The
conference agreement also adopts a provision, similar to one
proposed in the House bill, that limits to four positions the
number of INS non-career positions, but allows until July 1,
1998 before this provision goes into effect.
OFFSETTING FEE COLLECTIONS
The conference agreement assumes that $1,461,183,000 will
be available from offsetting fee collections for INS, instead
of $1,215,191,000 as proposed by the House and $1,198,659,000
as proposed by the Senate bill, to support activities related
to the legal admission of persons into the United States.
These activities are supported entirely by fees paid by
persons who are either traveling internationally or are
applying for immigration benefits. The following increases
are recommended:
Immigration Examinations Fees.--The conference agreement
assumes $785,342,000 of spending from the Immigration
Examinations Fee account, instead of $667,477,000 as proposed
by the House bill and $646,916,000 as proposed by the Senate
bill. The level provided in the conference agreement takes
into consideration a reprogramming request submitted to the
Committees on July 30, 1997 which included a request for
$150,229,000 in additional spending from the Exams Fee
account to address fingerprinting requirements and
naturalization caseload.
The level of spending assumed in the conference agreement
is based on estimated revenues in this account totaling
$854,100,000 which includes carryover from fiscal year 1997,
revenue projected for fiscal year 1998 and assumes the
availability of fees from applications under section 245(i)
of the Immigration and Nationality Act. The conference
agreement does not include recommendations in both the House
and Senate reports that would have transferred base funding
from various programs funded under the Salaries and Expenses
account to the Immigration Examinations Fee account. However,
in order to provide the needed resources to address
naturalization workload and restore integrity to the
citizenship process, the conferees direct INS to examine and
reallocate at least five percent of its base requirements in
this account. The conference level for this account assumes
this base realignment. The following program increases are
assumed in the conference agreement: (1) $5,273,000 for
naturalization ceremonies; (2) $67,000,000 for fingerprinting
requirements, including personnel, space, and supplies; (3)
$38,287,000 to convert 400 temporary positions to term
appointments to process naturalization and adjustment of
status applications; (4) $11,096,000 to improve records
infrastructure; (5) $10,913,000 for quality assurance staff
to oversee processing of naturalization applications and to
provide for continued audit of procedures; (6) $33,169,000 to
provide for uniform paper processing through implementation
of the DIRECT MAIL system; (7) $14,081,000 for overtime,
district office and service center contract support, to
address naturalization backlogs and processing times; (8)
$4,800,000 to support records contracts in district offices;
(9) $5,210,000 to modify the CLAIMS system to support
naturalization case processing; (10) $1,250,000 to enhance
INS's Central Index System; (11) $3,125,000 to purchase and
install additional card production machines for the Border
Crossing Card Replacement program, including one machine
which is to be located in southeastern Kentucky; and (12)
$1,900,000 for expansion of the Texas Service Center to
accommodate the transfer of files and Direct Mail processing
of naturalization applications.
In addition, the conferees are aware that local INS offices
continue to have significant backlogs in the processing of
applications for benefits despite significant increases in
staffing. The conferees request that INS conduct an analysis
of its current allocation of resources among district offices
to determine whether it is using an appropriate staffing
model to address its application workload requirements and
provide a report of its findings to the Committees on
Appropriations of both the House and Senate no later than
March 1, 1998.
Inspections User Fees.--The conference agreement assumes
$426,622,000 of spending from the Inspections User Fee
account instead of $419,296,000 as proposed in the House bill
and $398,896,000 as proposed in the Senate bill. The
conference agreement does not assume transfers of base
funding from various programs funded under the Salaries
and Expenses account to the Inspections User Fee account,
as proposed in the Senate bill. In addition, the conferees
understand that $10,000,000 of base funding for detention
is no longer required in this account due to reduced
detention costs resulting from expedited exclusion
authority and is therefore available for other initiatives
in this account. The conference agreement assumes this
realignment of resources and includes the following
increases: (1) $10,395,000 for pay and inflation base
adjustments; (2) $10,500,000 to support the 1998 costs of
reprogramming actions in fiscal year 1997; (3) $17,699,000
and 277 positions to improve facilitation at air and sea
ports of entry, including full-time manning by inspectors
of the three in-transit lounges at Miami International
Airport; (4) $1,715,000 to staff three new air ports of
entry, in accordance with the House and Senate reports;
(5) $12,930,000 to expand departure management automation
initiatives, in accordance with the House report; (6)
$2,100,000 for expansion of the INS passenger accelerated
service system to 10 new ports of entry; (7) $2,600,000
for deployment of the ENFORCE and IDENT systems at air
ports of entry; and (8) $1,324,000 for automation
initiatives at ports of entry.
Land Border Inspection Fee Account.--The conference
agreement includes $8,888,000 in spending from the Land
Border Inspection Fund, as proposed in both the House and
[[Page H10838]]
Senate bills, and assumes funding will support the following
program increases: (1) $3,000,000 for a secure electronic
network for travelers rapid inspection (SENTRI) dedicated
commuter lanes, including equipment and facilities
modifications in Laredo and Hidalgo, Texas and Nogales,
Arizona; and (2) $700,000 for automated permit ports,
including equipment and facilities modifications in
Bridgewater and Limestone, Maine; Morses Line and Highgate
Springs, Vermont; Mooers, New York, including an enrollment
center; Sweetgrass, Montana; Nighthawk, Washington; and
Skagway, Alaska.
Breached Bond/Detention Account.--The conference agreement
includes $235,272,000 in spending from Breached Bond/
Detention Fund, instead of $104,471,000 as proposed in the
House bill and $138,900,000 as proposed in the Senate bill.
The level of spending assumed in the conference agreement is
based on estimated revenues in this account totaling
$277,701,000, which includes carryover funds from fiscal year
1997, revenue projected for FY 1998 and assumes the
availability of funds from penalty fees from applications
under section 245(i) of the Immigration and Nationality Act.
The conference agreement assumes $130,801,000 of expenses for
alien detention costs provided under the salaries and
expenses account will be supported by unobligated balances
available in this account. Additional funding of $104,471,000
included in the conference agreement is available to support
1,136 additional detention bedspaces. The conferees also
adopt the recommendation included in the Senate report with
regard to collection of data and reporting on the 245(i)
program.
construction
The conference agreement includes $75,959,000 for
construction for INS, instead of $70,959,000 as proposed in
the House bill and $73,559,000 as proposed in the Senate
bill. The conference agreement assumes funding is provided in
accordance with both the House and Senate reports.
Federal Prison System
salaries and expenses
The conference agreement includes $2,847,777,000 for the
salaries and expenses of the Federal Prison System instead of
$2,853,777,000 as proposed in the House bill and
$2,939,035,000 as proposed in the Senate bill. Of this
amount, the conference agreement provides that $26,135,000
will be derived from the Violent Crime Reduction Trust Fund
(VCRTF), as proposed in the House bill, instead of $6,135,000
as proposed in the Senate bill. The conference agreement also
assumes that in addition to amounts appropriated, $90,000,000
will be available from unobligated balances from the prior
year, as proposed in the House bill.
Funding is provided in accordance with the House and Senate
reports with the following exceptions related to program
increases. The conference agreement includes: (1) $52,607,000
for adjustments to base and for activation of the following
facilities: Beaumont, Texas minimum and high security
facilities, Brooklyn, New York detention center, Forrest
City, Arkansas low security facility, Yazoo City, Mississippi
low security facility, Edgefield, South Carolina Federal
Correctional Institution, Carswell, Texas low security
facility, Morgantown, West Virginia expansion, Seattle,
Washington detention facility, and Elkton, Ohio low and
minimum security facilities; (2) $1,447,000 to expand BOP's
intelligence gathering capabilities; and (3) $1,452,000 for
requirements associated with the Electronic Freedom of
Information Act.
Buildings and Facilities
The conference agreement includes $255,133,000 for
construction, modernization, maintenance and repair of prison
and detention facilities housing Federal prisoners as
proposed by the House, instead of $267,833,000 as proposed in
the Senate bill. The conference agreement assumes funding is
provided in accordance with the House report and expects that
within the amount appropriated, an immediate advance
reimbursement of not to exceed $2,300,000 shall be available
for the renovation and construction of U.S. Marshals Service
prisoner-holding facilities. In addition, the conferees urge
the Bureau of Prisons to consider expansion in future budget
requests of the existing Forrest City, Arkansas correctional
complex and expect that no additional real estate will be
acquired to support this expansion. The conferees further
urge BOP to consider the expansion in future budget requests
of other existing correctional complexes in the Mississippi
Delta and the completion of a high security prison in the
Northeast region.
Federal Prison Industries, Incorporated
(limitation on administrative expenses)
The conference agreement includes a limitation on
administrative expenses of $3,266,000 for the Federal Prison
Industries, instead of $3,490,000 as proposed in the House
bill and $3,042,000 as proposed in the Senate bill, and
assumes funding is provided in accordance with the House and
Senate reports.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $173,600,000 for Justice
Assistance, instead of $162,500,000 as proposed in the House
bill and $183,165,000 as proposed in the Senate bill. The
conference agreement provides the following:
National Institute of Justice...............................$42,577,000
Defense/Law Enforcement Technology Transfer..............(10,277,000)
Counterterrorism Technologies................................12,000,000
National Sex Offender Registry...............................25,000,000
Grants to Firefighters and Emergency Service Personnel........5,000,000
State and Local Antiterrorism Training........................2,000,000
Bureau of Justice Statistics.................................21,529,000
Missing Children.............................................12,256,000
Regional Information Sharing System..........................20,000,000
National White Collar Crime Center............................5,350,000
Management and Administration................................27,888,000
________________
Total.................................................173,600,000
This statement of managers reflects the agreement of the
conferees on how funds provided for all programs under the
Office of Justice Programs (OJP) in this conference report
are to be spent.
National Institute of Justice (NIJ).--The conference
agreement provides $42,577,000 for the National Institute of
Justice, as proposed in the House bill, instead of
$50,099,000 as proposed in the Senate bill. The amount
provided includes an additional $4,400,000, as proposed by
both the House and the Senate for arrestee drug abuse
monitoring, as well as a transfer of $4,700,000 from the
General Administration account for the Federal Drug Testing
Program. Expansion funds for the Federal Drug Testing Program
have not been provided, and OJP is expected to submit a
report by June 1, 1998 which evaluates the current pilot drug
testing program in terms of accomplishments and details plans
for expansion of this program. In addition, $7,000,000 for
NIJ research and evaluation on the causes and impact of
domestic violence is provided under the Violence Against
Women Act grants program. The conference agreement adopts the
recommendation in the House and Senate reports that provides
that within the overall amount provided to NIJ, the Office of
Justice Programs is expected to review proposals, provide a
grant if warranted, and report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding: $500,000 for a study of the health care status of
prison inmates; $4,500,000 for Facial Recognition Technology;
and technologies stated in the House report. In addition to
the above amount, $20,000,000 will be provided to NIJ in
fiscal year 1998 from the Local Law Enforcement Block Grant
for assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by
law enforcement. Within the amount provided, the conferees
expect NIJ to provide increased amounts for computerized
identification systems and to continue support of
collaborative projects to enhance law enforcement technology
training.
In addition, in accordance with the House report for
General Legal Activities, the conferees expect OJP to look
into the feasibility of collecting information on the
prevalence of outstanding and unresolved claims made against
police departments by private citizens, as well as the
process by which those claims are disposed.
Defense/Law Enforcement Technology Transfer.--Within the
total amount provided to NIJ, the conference agreement
includes $10,277,000 to assist NIJ in its efforts to adopt
technologies for law enforcement purposes. Within this
amount, $5,000,000 is provided for continuation of the law
enforcement technology center network, $2,800,000 is provided
to continue the technology commercialization initiative at
the National Technology Transfer Center, and $1,048,000 is
provided to continue the Arson and Explosion Research
Program at the University of Central Florida. In addition,
to ensure adequate oversight, $1,429,000 is included for
management by NIJ personnel.
Counterterrorism Technologies.--The conference agreement
provides $12,000,000 for counterterrorism technology programs
authorized under sections 820 and 821 of the Antiterrorism
and Effective Death Penalty Act of 1996, instead of
$10,000,000 as proposed in the House bill and $14,000,000 as
proposed in the Senate bill. Within the amount provided, OJP
is expected to review proposals, provide a grant if
warranted, and report to the Committees on Appropriations of
the House and the Senate on its intentions regarding
technologies recommended in the House report.
National Sex Offender Registry.--The conference agreement
provides $25,000,000 for the National Sex Offender Registry,
as proposed in both the House and Senate bills.
Grants to Firefighters and Emergency Service Personnel.--
The conference agreement provides $5,000,000 for local
firefighter and emergency service training grants as
authorized under section 819 of the Antiterrorism and
Effective Death Penalty Act of 1996 as proposed in both the
House and Senate bills.
State and Local Antiterrorism Training.--The conference
agreement provides $2,000,000 for State and local law
enforcement training to address antiterrorism preparedness as
proposed in the House bill, instead of $4,000,000 as proposed
in the Senate bill and assumes funding in accordance with the
House report.
Bureau of Justice Statistics.--The conference agreement
provides $21,529,000 for the Bureau of Justice Statistics
(BJS) for fiscal year 1998, as proposed in both the House and
Senate bills.
[[Page H10839]]
Missing Children.--The conference agreement provides
$12,256,000 for the Missing Children Program, instead of
$8,656,000 as proposed in the House bill and $13,156,000 as
proposed in the Senate bill. The conference agreement
provides a significant increase for Federal, State, and local
law enforcement agencies, and the National Center for Missing
and Exploited Children, to address the increasing need to
combat crimes against children, particularly kidnapping and
sexual exploitation. The conference agreement consolidates
funding under one account for Missing Children programs as
proposed in the House bill, instead of under various accounts
as proposed in the Senate bill. Within the amounts provided
the conferees have included:
(1) $4,171,000 for the Missing Children program within the
Office of Justice Programs, Justice Assistance, including
$2,400,000 for State and local law enforcement to form
specialized cyber units to investigate and prevent child
sexual exploitation which are based on the protocols for
conducting investigations involving the Internet and on-line
service providers that have been established by the
Department of Justice and the National Center for Missing and
Exploited Children;
(2) $6,900,000 for the National Center for Missing and
Exploited Children, of which $1,900,000 is provided for
Internet investigations as proposed in the Senate report. The
conferees expect the National Center for Missing and
Exploited Children to continue to consult with participating
law enforcement agencies to ensure the curriculum, training,
and programs provided with this additional funding are
consistent with the protocols for conducting investigations
involving the Internet and on-line service providers that
have been established by the Department of Justice; and
(3) $1,185,000 for the Jimmy Ryce Law Enforcement Training
Center for training of State and local law enforcement
officials investigating missing and exploited children cases.
Regional Information Sharing System (RISS).--The conference
agreement includes $20,000,000 for the RISS program, instead
of $14,500,000 as proposed in the House bill and $25,000,000
as proposed in the Senate bill. In addition, the conference
agreement provides $5,000,000 under the COPs Technology
Program for a one-time enhancement to the RISS program to
upgrade its communications infrastructure. The increase
provided will facilitate the rapid exchange of information
pertaining to criminals and criminal activity. The conferees
are concerned that there may be duplication among the many
intelligence systems being utilized by Federal, State and
local law enforcement agencies. Within this amount, $500,000
is provided for development of an inventory of Department of
Justice funded automated law enforcement information systems,
as proposed in the House report under General Administration.
In accordance with the House report, the inventory should
include the major 25 to 40 systems nationwide, should examine
their interoperability and interconnectivity, and should
result in a strategy that brings together these different
systems to enable them to communicate effectively and
efficiently, while guarding against duplication or overlap.
National White Collar Crime Center.--The conference
agreement includes $5,350,000 for the National White Collar
Crime Center as proposed in the House bill instead of
$3,850,000 as provided in the Senate bill and assumes funding
in accordance with the House report.
Management and Administration.--The conference agreement
provides $27,888,000 for Management and Administration
expenses of the Office of Justice Programs as proposed in the
House bill, instead of $30,145,000 as proposed in the Senate
bill. In addition, reimbursable funding from VCRTF programs
and Community Oriented Policing Services and a transfer from
the Juvenile Justice account, will be provided for the
administration of grants under these activities. Total
funding for the administration of grants assumed in the
conference agreement is as follows:
------------------------------------------------------------------------
Amount FTE
------------------------------------------------------------------------
Direct Appropriation.............................. $27,888,000 320
Transfer from Juvenile Justice programs........... 5,922,000 71
Reimbursement from VCRTF.......................... 39,448,000 346
Reimbursement from COPs........................... 2,500,000 23
---------------------
Total....................................... 75,758,000 760
------------------------------------------------------------------------
Since 1995, funding for grant programs administered by the
Office of Justice Programs will have grown by 213%, from $1.1
billion to over $3.4 billion. In order to ensure careful
stewardship of these resources, and in accordance with the
House report, the conferees expect the Assistant Attorney
General for the Office of Justice Programs (OJP) to submit a
report which outlines the steps OJP has taken and which
recommends additional actions that will ensure coordination
and reduce the possibility of duplication and overlap among
the various OJP divisions.
Ounce of Prevention Council.--The conference agreement
includes language for costs associated with the termination
of the Ounce of Prevention Council, which the conferees
understand will soon cease operation. The conferees expect
OJP to assume responsibility for any remaining activities of
this Council.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $2,891,400,000 for State
and Local Law Enforcement Assistance, instead of
$2,975,150,000 as proposed in the House bill and
$2,606,150,000 as proposed in the Senate bill. Of this
amount, the conference agreement provides that $2,382,400,000
shall be derived from the Violent Crime Reduction Trust Fund
(VCRTF), instead of $2,437,150,000 as proposed in the House
bill and $2,154,650,000 as proposed in the Senate bill.
The conference agreement provides for the following
programs from direct appropriations and the VCRTF:
Direct Appropriation:
Byrne Discretionary Grants................................$46,500,000
Byrne Formula Grants......................................462,500,000
________________
Total Direct Appropriations.............................509,000,000
================
Violent Crime Reduction Trust Fund:
Byrne Formula Grants.......................................42,500,000
Local Law Enforcement Block Grant.........................523,000,000
Boys and Girls Clubs...................................(20,000,000)
Juvenile Accountability Incentive Block Grant.............250,000,000
Drug Courts................................................30,000,000
Upgrade Criminal History Records (Brady Bill)..............45,000,000
State Prison Grants.......................................720,500,000
Cooperative Agreement Program..........................(25,000,000)
Indian Country..........................................(5,000,000)
Alien Incarceration...................................(165,000,000)
State Criminal Alien Assistance Program...................420,000,000
Violence Against Women Act Programs.......................270,750,000
Substance Abuse Treatment for State Prisoners..............63,000,000
DNA Identification State Grants............................12,500,000
Law Enforcement Family Support Programs.....................1,000,000
Senior Citizens Against Marketing Scams.....................2,500,000
Motor Vehicle Theft Prevention................................750,000
Safe Return Program...........................................900,000
________________
Total, Violent Crime Reduction Trust Fund.............2,382,400,000
Edward Byrne Grants to States.--The conference agreement
provides $551,500,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which
$46,500,000 is for discretionary grants and $505,000,000 is
provided for formula grants under this program.
Byrne Discretionary Grants.--The conference agreement
provides $46,500,000 for discretionary grants under Chapter A
of the Edward Byrne Memorial State and Local Assistance
Program, as proposed in the House bill, instead of
$75,000,000 as proposed in the Senate bill. The
recommendation assumes direct funding for the Weed and Seed
program as proposed in the House bill, instead of continuing
this program as an earmark from Byrne discretionary grants,
as proposed in the Senate bill. Within the amount provided,
the conferees expect the Bureau of Justice Assistance (BJA)
to review the following proposals, provide a grant if
warranted, and report to the Committees on Appropriations of
the House and the Senate on its intentions:
$4,000,000 for the National Crime Prevention Council;
$1,750,000 to continue and expand the Drug Abuse Resistance
Education (DARE America) program. In accordance with both the
House and Senate reports, the conferees expect OJP to work
with DARE America officials to create new and more effective
course criteria aimed at reducing the use of drugs by
children;
$2,000,000 for continued funding for the Washington
Metropolitan Area Drug Enforcement Task Force and for
development of a regional gang tracking system;
$775,000 for Project Return and consideration of additional
funds for evaluation of this correctional options program;
$1,000,000 for continued funding for the National Judicial
College;
$1,000,000 to SEARCH Group, Inc. to continue and expand the
National Technical Assistance Program, which provides support
to State and local criminal justice agencies to improve their
use of computers and information technology;
$2,800,000 for the National Motor Vehicle Title Information
System, authorized by the Anti-Car Theft Improvement Act;
$500,000 for continuation of the Santee-Lynches Regional
Council of Governments Local Law Enforcement Program;
$500,000 for the Alaska Native Justice Center;
$1,000,000 for the National Neighborhood Crime and Drug
Abuse Prevention Program;
$2,000,000 to allow the Law Enforcement Coordinating
Council for the 2002 Olympics to develop and support a public
safety master plan for the games. The conferees direct the
Office of Justice Programs to ensure that the Law Enforcement
Coordinating Council consults with participating local,
state, and federal law enforcement agencies to ensure the
public safety master plan is coordinated among the many
participating agencies that have personnel and resources to
contribute to this plan;
$2,097,000 for the Executive Office of United States
Attorneys to support the National
[[Page H10840]]
District Attorneys Association's participation in legal
education training at the National Advocacy Center; and
$5,000,000 for a demonstration and evaluation of the
Expanded Community Supervision program which combines
community-based intermediate sanctions with alcohol and other
drug abuse treatment, as an alternative to the traditional
incarceration of non-violent felons.
Within the available resources for Byrne discretionary
grants, the conferees also urge BJA to review proposals,
provide a grant if warranted, and report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding: demonstration and evaluation of the programs of
Haymarket House; Chicago's Family Violence Intervention
Program; the Female Violent Offender Program; the National
Night Out Program; and the community security program of the
Local Initiatives Support Corporation.
Byrne Formula Grants.--The conference agreement provides
$505,000,000 for the Byrne Formula Grant program, as proposed
in both the House and Senate bills, of which $42,500,000 is
provided from the Violent Crime Reduction Trust Fund (VCRTF)
instead of $13,500,000 as proposed in the House bill and
$128,500,000 as proposed in the Senate bill. The conference
agreement includes language, as proposed in the House bill,
which makes drug testing programs an allowable use of grants
provided to States under this program.
VIOLENT CRIME REDUCTION TRUST FUND PROGRAMS
Local Law Enforcement Block Grant.--The conference
agreement includes $523,000,000 for the Local Law Enforcement
Block Grant program, as proposed in the House bill, instead
of $503,000,000 as proposed in the Senate bill, in order to
continue the commitment to provide local governments with the
resources and flexibility to address specific crime problems
in their communities with their own solutions. Within the
amount provided, the conference agreement includes language
providing $20,000,000 of these funds to the Boys and Girls
Clubs of America. The conferees direct the Office of Justice
Programs to work with the Boys and Girls Clubs of America and
the Boys and Girls Clubs of Greater Washington to develop a
proposal for establishment of a Flagship Boys and Girls Club
to be located in Washington, DC and to submit a report to the
Committees on Appropriations of the House and the Senate by
April 1, 1998. In addition, the conference agreement includes
language as proposed in the House bill that defines the
Commonwealth of Puerto Rico as a unit of local government and
includes language similar to that proposed in the Senate
bill, which designates parish sheriffs as the recipient of
block grant funds in Louisiana. The conferees are aware of
the unique law enforcement system that exists in the State of
Louisiana whereby the constitution of the State of Louisiana
establishes independent and wholly autonomous parish sheriffs
and names the sheriff as the chief law enforcement officer of
the constitutionally established law enforcement districts.
The conferees direct the Department of Justice to ensure that
parish sheriffs establish an advisory board pursuant to
section 103 of H.R. 728 and shall consider recommendations
made by this board to be binding.
Juvenile Accountability Incentive Block Grant.--The
conference agreement provides $250,000,000 for a Juvenile
Accountability Incentive Block Grant program to address the
growing problem of juvenile crime by encouraging
accountability-based reforms at the State and local level,
instead of $300,000,000 as proposed in the House bill and
$145,000,000 as proposed in the Senate bill. Under this
program, funds are to be made available to States, based on
each State's comparative juvenile population, and units of
local governments are to receive 75% of the amount provided
to the States based on a combination of law enforcement
expenditures and Uniform Crime Report part 1 violent crimes.
To be eligible to receive funds under this program, States
must have certified to the Attorney General that they are
actively considering, or will consider within the next year,
through laws, policies or programs, accountability-based
reforms--including graduated sanctions, adult prosecution of
violent juveniles, and juvenile record reforms--in accordance
with H.R. 3. Funds are available for the following purposes:
(1) building, expanding or operating juvenile detention and
corrections facilities;
(2) developing and administering accountability-based
sanctions for juvenile offenders;
(3) hiring additional juvenile judges, probation officers,
and court-appointed defenders, and funding pre-trial services
for juveniles, to ensure the smooth and expeditious
administration of the juvenile justice system;
(4) hiring additional prosecutors so that more cases
involving violent juvenile offenders can be prosecuted and
backlogs can be reduced;
(5) providing funding to enable prosecutors to address
drug, gang, and youth violence more effectively;
(6) providing funding for technology, equipment and
training to assist prosecutors in identifying and expediting
the prosecution of violent juvenile offenders;
(7) providing funding to enable juvenile courts and
probation offices to be more effective and efficient in
holding juvenile offenders accountable;
(8) establishing court-based juvenile justice programs that
target young firearms offenders through the establishment of
juvenile gun courts for the adjudication and prosecution of
juvenile firearms offenders;
(9) establishing drug court programs for juvenile
offenders;
(10) establishing and maintaining interagency information-
sharing programs that enable the juvenile and criminal
justice system, schools, and social services agencies to
identify, control, supervise and treat serious juvenile
offenders; and
(11) establishing and maintaining accountability-based
programs that work with the juvenile offenders who are
referred by law enforcement agencies, or which are designed,
in cooperation with law enforcement officials, to protect
students and school personnel from drug, gang, and youth
violence.
The conference agreement provides a presumption that not
less than 45% of any grant provided to a state or unit of
local government is available for the purposes set forth in
paragraphs (3) through (9) above and not less than 35% is
available for the purposes set forth in paragraphs (1), (2),
and (10) above. The conference agreement includes language
limiting the federal share of construction costs of permanent
juvenile corrections facilities to no more than 50% of the
total cost. The conferees are concerned that little data
exists on the capacity of juvenile detention and corrections
facilities to handle both existing and future needs and
direct the Office of Justice Programs to conduct a national
assessment of the supply of and demand for juvenile detention
space, with particular emphasis on capacity requirements in
New Hampshire, Mississippi, Alaska, Wisconsin, California,
Montana, West Virginia, Kentucky, Louisiana, and South
Carolina, and to provide a report to the Committees on
Appropriations of the House and the Senate by July 15, 1998.
The conference agreement provides that to receive funds under
this block grant, States must have in place a coordinated
plan for reducing juvenile crime, developed by a coalition of
law enforcement and social service agencies involved in
juvenile crime prevention, and have implemented, or will
implement by January 1, 1999, a policy of testing appropriate
categories of juveniles for use of controlled substances. The
conferees agree that the coalitions should have broad
discretion to utilize funds for a variety of purposes,
consistent with items referenced above, targeted at reducing
juvenile crime at the local level. The conference agreement
also provides that States should consider making available to
the FBI records of delinquency adjudication which are treated
in a manner equivalent to adult records as part of their
consideration of juvenile records reforms.
The conferees expect the Justice Department to establish
guidelines in consultation with the Committees on
Appropriations and the Judiciary of both the House and Senate
that set forth the various circumstances by which States may
qualify for funding under this program. Such guidelines
should identify what generally constitutes active
consideration of the reform requirements in H.R. 3 in order
to direct State governors for purposes of the certification
process described above. The guidelines should also include
accommodations, which provide for a reduction in the local
distribution requirement of section 1803 of H.R. 3, with
respect to any State which bears the primary financial burden
within the State for the administration of juvenile justice
and which provide for local distribution consistent with H.R.
728 for the State of Louisiana. The conferees expect that the
Justice Department, in developing the guidelines, will
take into consideration the fact that many States are
currently in the process of reforming their juvenile
justice systems.
Drug Courts.--The conference agreement includes $30,000,000
for drug courts as proposed in the House bill instead of
$40,000,000 as proposed in the Senate bill. The conferees
note that localities may also obtain funding for drug courts
under the Local Law Enforcement Block Grant and the Juvenile
Accountability Incentive Block Grant.
Upgrade Criminal History Records (Brady Bill).--The
conference agreement provides $45,000,000, as proposed in
both the House and Senate bills, for States to upgrade
criminal history records as required under the Brady Bill.
State Prison Grants.--The conference agreement provides
$720,500,000 for State Prison Grants, instead of $722,500,000
as proposed in the House bill and $740,500,000 as proposed in
the Senate bill. Of the amount provided, $525,500,000 is
available to states to build and expand prisons, $165,000,000
is available to States for the incarceration of criminal
aliens and $25,000,000 is for the Cooperative Agreement
Program. The conference agreement also adopts language in the
Senate bill which provides $5,000,000 for construction of
jails on Indian reservations and directs the Office of
Justice Programs, within the amount provided to examine a
proposal, provide a grant if warranted, and report to the
Committees on Appropriations of the House and the Senate on
its intentions for funding to support the design phase of a
tribal detention facility in Philadelphia, Mississippi. The
conference agreement does not include language proposed in
the House bill that allows California to use funds provided
under the State Prison Grant program to support the cost of
incarcerating criminal aliens. The conference agreement also
does not include language proposed in the Senate bill to
permit prison construction funds to be used
[[Page H10841]]
to construct juvenile detention facilities, because
construction of juvenile facilities is an allowable use of
funds under the Juvenile Accountability Incentive Block Grant
program.
The conferees continue to be concerned that there is no
consistent annual reporting of the incidence and
circumstances of deaths that occur at municipal or county
jails, State or Federal prisons, or other similar facilities
for the confinement of accused or convicted criminals. The
conferees direct OJP to provide a report to the Committees on
Appropriations of the House and the Senate by February 15,
1998 on the feasibility of creating a single source for
annual statistics on in-custody deaths.
State Criminal Alien Assistance Program.--The conference
agreement provides a total of $585,000,000 for the State
Criminal Alien Assistance Program for reimbursement to States
for the costs of incarceration of criminal aliens, instead of
$600,000,000 as proposed in the House bill and $500,000,000
as proposed in the Senate bill. Of the total amount, the
conference agreement includes $420,000,000 under this account
for the State Criminal Alien Assistance Program as proposed
in the House bill, and $165,000,000 for this purpose under
the State Prison Grants program.
Violence Against Women Act Programs.--The conference
agreement includes $270,750,000 for grants to support the
Violence Against Women Act instead of $305,500,000 as
proposed in the House bill and $263,750,000 as proposed in
the Senate bill. Grants provided under this account are for
the following programs:
General Grants.............................................$172,000,000
Victims of Child Abuse Programs:
Court-Appointed Special Advocates...........................7,000,000
Training for Judicial Personnel.............................2,000,000
Grants for Televised Testimony..............................1,000,000
Grants to Encourage Arrest Policies..........................59,000,000
Rural Domestic Violence......................................25,000,000
National Stalker and Domestic Violence........................2,750,000
Training Programs.............................................2,000,000
________________
Total...................................................270,750,000
Within the amount provided for General Grants, the
conference agreement includes an additional $12,000,000
exclusively for the purpose of augmenting civil legal
assistance programs to address domestic violence, $7,000,000
for research and evaluation of domestic violence programs,
and $853,000 to support an enhanced domestic prosecution unit
within the District of Columbia. Within the amounts provided,
the Office of Justice Programs is expected to examine a
proposal for operating expenses of a public-private
partnership demonstration project in Las Vegas, Nevada, for a
home for victims of domestic abuse, provide a grant if
warranted, and report to the Committees on Appropriations of
the House and the Senate.
Substance Abuse Treatment for State Prisoners.--The
conference agreement includes $63,000,000 for substance abuse
treatment programs within State and local correctional
facilities, as proposed in the House bill, instead of
$61,200,000 as proposed in the Senate bill.
DNA Identification State Grants.--The conference agreement
includes $12,500,000 for DNA Identification State Grants,
instead of $10,000,000 as proposed by the House and
$15,000,000 as proposed by the Senate. Within the amount made
available under this program, the conferees expect the Office
of Justice Programs and the FBI to review a proposal, provide
a grant if warranted, and report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding a $2,000,000 grant to the Marshall University
Forensic Science Program.
Law Enforcement Family Support Programs.--The conference
agreement includes $1,000,000 for law enforcement family
support programs, as proposed by both the House and the
Senate.
Senior Citizens Against Marketing Scams.--The conference
agreement includes $2,500,000 for programs to assist law
enforcement in preventing and stopping marketing scams
against senior citizens, instead of $2,000,000 as proposed in
both the House and Senate bills.
Motor Vehicle Theft Prevention.--The conference agreement
includes $750,000 for grants to combat motor vehicle theft,
as proposed in both the House and Senate bills.
Safe Return Program.--The conference agreement includes
$900,000 for the Missing Alzheimer's Patient Program, as
proposed in both the House and Senate bills.
weed and seed program fund
The conference agreement includes a direct appropriation of
$33,500,000 for the Weed and Seed program, instead of
$40,000,000 as proposed in the House bill and $33,500,000 as
proposed by the Senate bill as part of the discretionary
grants under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Program. The conference agreement
adopts the recommendation in the House and Senate bills that
provides that within the overall amount provided to Weed and
Seed, the Office of Justice Programs (OJP) is expected to
review a proposal, provide a grant if warranted, and
report to the Committees on Appropriations of the House
and the Senate on its intentions regarding a grant of
$190,000 to Gospel Rescue Ministries of Washington, D. C.
to complete renovation of the former Fulton Hotel to a
center for drug-addicted women. The conference agreement
does not include the provision as proposed in the House
bill directing OJP to obligate all funds for this program
by July 1, 1998.
Community Oriented Policing Services
VIOLENT CRIME REDUCTION PROGRAMS
The conference agreement includes $1,430,000,000 for the
Community Oriented Policing Services (COPs) program, instead
of $1,420,000,000 as proposed by the House and $1,440,000,000
as proposed by the Senate bill. This statement of managers
reflects the agreement of the conferees on how funds provided
for all programs under the Community Oriented Policing
Services program in this conference report are to be spent.
Police Corps.--Within the total amount provided, the
conference agreement provides $30,000,000 for the Police
Corps program, instead of $20,000,000 as proposed by the
House bill and $40,000,000 as proposed by the Senate bill.
The conferees expect the COPs Office to examine a proposal,
make a grant if warranted, and provide a report to the
Committees on Appropriations of the House and the Senate
regarding a $2,000,000 continuation grant for advanced police
education training in the State of Mississippi.
Management and Administration.--The conference agreement
also includes a provision that provides that not to exceed
186 positions, 186 workyears, and $20,553,000 shall be
expended for management and administration of the COPs
program, as proposed in the House bill, instead of 270
positions, 228 workyears, and $24,669,000, as proposed in the
Senate bill. The conferees will entertain a request for
reprogramming or transfer of funds, pursuant to section 605
of this Act, to increase this amount.
Police Hiring Initiatives.--The conferees have provided
funding over the last four years to support grants for the
hiring of 64,395 police officers. The conference agreement
for fiscal year 1998 provides funding for an additional
17,000 officer grants, which will bring the total number of
new police officer grants under this program to 81,395. The
conferees expect that resources provided will be used for
hiring grants under both the Universal Hiring Program and the
COPs Making Officer Redeployment Effective (MORE) program in
order to accomplish this goal. In addition, the conference
agreement adopts the provision in the Senate bill allowing up
to 20% of COPs funds to be used for the COPs MORE program.
Non-Hiring Initiatives.--The conferees are aware that the
COPs program has carried forward $359,000,000 into fiscal
year 1998 after completion of its hiring grant process for
1997. During the past two years, funding was restricted to
hiring initiatives in order to progress toward the most
important goal of the program, putting 100,000 cops on the
street. With significant progress toward that goal, the
conferees are concerned that communities, particularly
communities with populations below 50,000 and with limited
public safety resources, may need assistance to sustain
progress in reducing crime and to translate the short-term
Federal investment into a long-term local capacity to fight
crime. The conferees also want to ensure that there is
adequate infrastructure for the new police officers, similar
to the focus that has been provided for Federal law
enforcement over the past few years, so that police officers
may work more efficiently, equipped with the tools and
technology they need, and with the flexibility to design
specific strategies to target specific crime problems, such
as crime in and around schools, the emergence of
methamphetamine in new areas, and the challenge of
policing ``hot spots'' of drug market activity. The
conferees believe that $103,000,000 of unused funds from
fiscal year 1997 should be used to address these critical
law enforcement requirements and direct the COPs program
to establish the following non-hiring grant programs:
1. COPs Technology Program.--The conference agreement
directs $38,000,000 of unobligated balances to be used for
continued development of technologies and automated systems
to assist State and local law enforcement agencies in
investigating, responding to and preventing crime. In
particular, the conferees recognize the importance of sharing
of criminal information and intelligence between State and
local law enforcement to address multi-jurisdictional crimes.
Within the amounts made available under this program, the
conferees expect the COPs office to award grants for the
following technology proposals:
$7,500,000 for the Southwest Border States Anti-Drug
Information System, which will provide for the purchase and
deployment of this technology network between all State and
local law enforcement agencies in the four southwest border
states--California, Arizona, New Mexico, and Texas--to
provide information sharing of drug trafficking along the
U.S.-Mexico border, by linking criminal and intelligence
databases of these states, the El Paso Intelligence Center,
and certain components of the Regional Information Sharing
System;
$7,500,000 for the Law Enforcement On-Line system, to add
15,000 State and local users to a secure national interactive
computer communications network currently being developed
with the FBI;
$5,000,000 to expand the Regional Information Sharing
System (RISS) by providing access to law enforcement member
agencies to
[[Page H10842]]
the RISS Secure Intranet to increase their ability to share
and retrieve criminal intelligence information on a real-time
basis;
$3,000,000 for the Jefferson Parish, Louisiana Sheriffs
Department for software development and network capability to
enhance radio communications and to develop a model for
interconnectivity and interoperability;
$10,000,000 for the North Carolina Criminal Justice
Information System, to meet North Carolina's public safety
needs;
$800,000 for the South Dakota Division of Criminal
Investigation for the procurement of equipment for law
enforcement telecommunications, emergency communications and
the state forensic laboratory;
$100,000 for establishment of a 911 emergency system in
Roberts County, South Dakota;
$2,000,000 for the rural states management information
system demonstration project in Alaska;
$1,000,000 for the development and deployment of a multi-
agency, multi-jurisdictional communications system in the
Northeast to support routine and emergency information
sharing among local, state, and federal law enforcement
agencies;
$500,000 for the Mt. Pleasant, South Carolina Police
Department for computer enhancements and policing equipment
upgrades; and
$500,000 for the Charleston, South Carolina Police
Department for computer enhancements and policing equipment
upgrades.
In addition, the conferees support the development of new
technologies which enhance the ability of State and local law
enforcement to respond to 911 calls. Recent developments with
the use of the 311 non-emergency number has shown promising
results and the conferees support the use of these funds for
this purpose. In addition, the conferees are aware of the
potential law enforcement communications and technology needs
arising from the 2002 Winter Olympics and direct that within
the overall amounts provided for the COPs program, the COPs
office should examine a proposal for a grant to the
appropriate unit or units of government in Utah for
enhancements and upgrades of security and communications
infrastructure.
2. Police Recruitment Program.--The conferees direct
$1,000,000 of unobligated balances in the COPs program to be
used for police recruitment programs authorized under
subtitle H of Title III of the Violent Crime Control and Law
Enforcement Act of 1994, as proposed by the House bill.
Within the amount provided, the COPs Office is expected to
review a proposal, provide a grant if warranted, and submit a
report to the Committees on Appropriations of the House and
the Senate regarding a $500,000 grant for the police
recruitment program of St. Paul's Community Baptist Church in
East New York, New York.
3. Community Policing to Combat Domestic Violence
Program.--The conferees direct $12,500,000 of unobligated
balances in the COPs program to be used for the Community
Policing to Combat Domestic Violence Program established
pursuant to section 1701(d) of part Q of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended. Within the
amount provided, the conferees expect the COPs office to
review a proposal, provide a grant if warranted, and report
to the Committees on Appropriations of the House and the
Senate regarding a $2,500,000 continuation grant for the
State of Washington Community Policing to Combat Domestic
Violence program.
4. COPs Methamphetamine Program.--The conferees direct
$34,000,000 of unobligated balances in the COPs program to be
used for State and local law enforcement programs to combat
methamphetamine production, distribution, and use, and to
reimburse the Drug Enforcement Administration for assistance
to State and local law enforcement for proper removal and
disposal of hazardous materials at clandestine
methamphetamine labs. The conferees are aware that the
production, trafficking, and usage of methamphetamine, an
extremely destructive and addictive synthetic drug, is a
growing national problem, particularly in California, the
Southwest, and the Midwest. Within the amount provided for
this program, the conferees expect the COPs office to award
grants for the following programs:
$18,200,000 to the California Bureau of Narcotics
Enforcement's Methamphetamine Strategy to support additional
law enforcement officers, intelligence gathering and forensic
capabilities, training and community outreach programs;
$1,200,000 for the Tri-State Methamphetamine Training
program to train officers from rural areas on methamphetamine
interdiction, covert operations, intelligence gathering,
locating clandestine laboratories, case development, and
prosecution;
$3,000,000 for Midwest and $1,500,000 for East Coast
Methamphetamine Initiatives to provide training by Drug
Enforcement Administration officials to State and local law
enforcement on the proper collection, removal, and
destruction of methamphetamine, precursor chemicals,
laboratory equipment, and related materials using certified
hazardous waste management methods; and
$5,000,000 for support by the Drug Enforcement
Administration to State and local law enforcement for the
clean-up and disposal of clandestine methamphetamine
laboratories.
5. COPs Innovative Policing Initiatives.--The conferees
direct $17,500,000 of unobligated balances in the COPs
program to be used to provide grants to police agencies and
community-based entities to provide innovative solutions to
local crime problems, such as programs to improve the safety
of elementary and secondary school children, reduce crime on
or near elementary and secondary schools, and enhance
policing initiatives in ``hot spots'' of drug market
activity.
COPs Small Community Grant Program.--The conferees have
recently received a reprogramming request from the Department
of Justice that proposes a number of changes in the COPs
program which have long-term policy and cost implications.
The House and Senate Committees on Appropriations have
requested additional financial and program data to evaluate
these proposals. However, in addition to the use of
unobligated balances for innovative programs mentioned above,
the conferees agree that at this time they are in support of
an innovative program that addresses COPs retention issues in
smaller communities with populations below 50,000. It is in
these small communities, especially in rural areas, that the
community policing program has had a strong positive impact.
In some of these smaller communities, COPs grants may have
only provided an increase of one or two new police officers,
but this increase may have translated into a 25 to 50 percent
increase in the overall police force. Many of these
communities have a limited tax base and have expressed
concern with their ability to retain officers in fiscal year
1998, thus putting in jeopardy not only the goal of achieving
an additional 100,000 cops on the beat, but the overall
public safety of these communities. Therefore, the conferees
support the use of an additional $100,000,000 of unobligated
balances for one-time grants targeted specifically for
retention of police officers to support special public safety
and crime prevention projects in jurisdictions serving
populations below 50,000. Grantees must be in good standing
and must demonstrate the ability to retain the officer after
the grant expires. In awarding these grants, the COPs Office
should take into consideration: (1) the specific public
safety concern(s) that would be addressed by activities
performed by the police officer(s); (2) the extent to which
the community can demonstrate that a severe hardship to
maintaining public safety would be created if the police
officer(s) could not be retained; (3) a demonstration that
financial hardship and/or a severe budget constraint that
impacts the entire local budget, will result in the
termination of employment for the police officer(s); (4) a
commitment from the local community to support ongoing costs
of the project at the end of the grant period; and (5) the
extent to which the existing community policing grant has had
a measurable impact on the community, either in terms of
crime reduction or the development of new crime prevention
programs or approaches.
juvenile justice programs
The conference agreement includes $238,672,000, a 36
percent increase over the current fiscal year level, for
Juvenile Justice programs, as proposed in the House bill,
instead of $235,422,000 as proposed in the Senate bill. The
conferees understand that changes to Juvenile Justice and
Delinquency Prevention Programs are being considered in the
reauthorization process of the Juvenile Justice and
Delinquency Act of 1974. However, absent completion of this
reauthorization process, the conferees provide funding
consistent with the current Juvenile Justice and Delinquency
Prevention Act. In addition, the conference agreement
includes language that provides that funding for these
programs shall be subject to the provisions of any subsequent
authorization legislation that is enacted.
Juvenile Justice and Delinquency Prevention.--Of the total
amount provided, $231,672,000 is for grants and
administrative expenses for Juvenile Justice and Delinquency
Prevention programs including:
1. $5,922,000 for the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) (Part A).
2. $96,500,000 for Formula Grants for assistance to State
and local programs (Part B). A provision is included that
makes $26,500,000 of the amount available for formula grants
available to States that have adopted (or will have in effect
not 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.
3. $45,250,000 for Discretionary Grants for National
Programs and Special Emphasis Programs (Part C). Within the
amount provided for Part C discretionary grants, the
conferees direct OJJDP to review the following proposals,
provide a grant if warranted, and submit a report to the
Committees on Appropriations of the House and the Senate on
its intentions regarding:
$2,300,000 to continue and expand the National Council of
Juvenile and Family Courts which provides continuing legal
education in family and juvenile law;
$1,000,000 for the Teens, Crime and the Community program;
$2,000,000 for Parents Anonymous, which develops
partnerships with local communities to build and support
strong, safe families and to help break the cycle of abuse
and delinquency;
$1,750,000 for the Juvenile Offender Transition Program, a
public/private partnership to reduce the rate of recidivism
among juvenile offenders by partnering certain offenders with
a local college or university student in a mentoring-protege
program;
[[Page H10843]]
$1,300,000 for the Suffolk University Center for Juvenile
Justice, dedicated to representing children in criminal cases
in juvenile court and children and parents in civil matters
as well as gang related and abuse cases;
$1,350,000 for establishment of a center for crimes and
violence against children based on the reality that children
are disproportionate victims of crime and violence;
$300,000 for the Metro Denver Gang Coalition to allow
service providers and community members to share information,
support program efforts, and create positive changes in
youth, families, and communities; and
$100,000 for the Crow Creek Alcohol and Drug Program.
In addition, the conferees direct OJJDP to examine each of
the following proposals, provide grants if warranted, and
report to the Committees on Appropriations of both the House
and Senate on its intentions for each proposal: continued
support for the Hamilton Fish National Institute for School/
Community Violence; a grant to the Low Country Children's
Center; a grant to the Coalition for Juvenile Justice; a
grant to Project O.A.S.I.S; a grant to Kids Peace National
Center for Kids; continued support at current levels for law-
related education; a grant to the Consortium on Children,
Families, and Law; a grant to the Vermont Department of
Social and Rehabilitative Services; a grant to the Grassroots
Drug Prevention program; a grant to the Dona Ana Camp; a
grant to the Center for Prevention of Juvenile Crime and
Delinquency at Prairie View University; a grant to the New
Mexico Prevention Project; a grant to the No Hope in Dope
Program; a grant to study the link between child abuse and
criminal behavior in Alaska; a grant to the Gainesville
Juvenile Assessment Center; a grant to the Lincoln Council on
Alcohol and Drugs; a grant to the Hill Renaissance
Partnership; a grant to the National Training and Information
Center; a grant to the Culinary Arts Training Program for at-
risk youth; a grant to the Women of Vision program for
youthful female offenders; continued funding for the Violence
Institute of New Jersey; and a grant to the Delancy Street
Foundation.
The conferees are also concerned about the availability to
children of pornographic images via the Internet, and direct
the OJJDP to confer with the National Academy of Sciences,
and provide a grant if warranted, on the most effective
techniques and technologies to block children from receiving
these images.
4. $12,000,000 to expand the Youth Gangs (Part D) program
which provides grants to public and private nonprofit
organizations to prevent and reduce the participation of at-
risk youth in the activities of gangs that commit crimes.
5. $10,000,000 for Discretionary Grants for State Challenge
Activities (Part E) to increase the amount of a State's
formula grant by up to 10 percent, if that State agrees to
undertake some or all of the ten challenge activities
designed to improve various aspects of a State's juvenile
justice and delinquency prevention program.
6. $12,000,000 for the Juvenile Mentoring Program (Part G)
to reduce juvenile delinquency, improve academic performance,
and reduce the drop-out rate among at-risk youth through the
use of mentors by bringing together young people in high
crime areas with law enforcement officers and other
responsible adults who are willing to serve as long-term
mentors. Within the amount provided the conferees expect the
OJJDP to provide no less than $1,000,000 for Big Brothers Big
Sisters programs. In addition, within the amount provided,
the conferees expect OJJDP to review a proposal for
$2,000,000 for technical assistance and training to JUMP
grantees, provide a grant if warranted, and report to the
Committees on Appropriations of the House and the Senate on
its intentions.
7. $20,000,000 for Incentive Grants for Local Delinquency
Prevention Programs (Title V), to units of general local
government for delinquency prevention programs and other
activities for at-risk youth.
Drug Prevention Program.--The conferees recognize that
while crime is on the decline in certain parts of America, a
dangerous precursor to crime, namely teenage drug use, is on
the rise and may soon reach a 20-year high. The conference
agreement includes $5,000,000, as proposed in the House bill,
to develop, demonstrate and test programs to increase the
perception among children and youth that drug use is risky,
harmful, and unattractive. The conferees expect OJJDP to
submit a program plan for activities to be funded under this
initiative by February 1, 1998, including goals to measure
program success and expect that this initiative will be
consistent with existing research findings on effective
prevention methods against teenage drug abuse.
Combatting Underage Drinking.--The conferees recognize that
the purchase and consumption of alcoholic beverages by minors
is a prevalent problem and that there is a causal
relationship between underage drinking and both violent and
non-violent crime. The conference agreement includes
$25,000,000 for grants of $360,000 to each State, $5,000,000
for discretionary grants, and $1,640,000 for training and
technical assistance to enforce State laws prohibiting the
sale of alcoholic beverages to minors and to prevent the
purchase or consumption of alcoholic beverages by minors.
Projects funded may include: Statewide task forces of State
and local law enforcement and prosecutorial agencies to
target establishments suspected of a pattern of violations of
State laws governing the sale and consumption of alcohol by
minors; public advertising programs to educate establishments
about statutory prohibitions and sanctions; and innovative
programs to prevent and combat underage drinking.
Victims of Child Abuse Act.--The conference agreement
includes $7,000,000 to improve investigations and
prosecutions and for the various programs authorized under
the Victims of Child Abuse Act (VOCA, Subtitle A), as
proposed in the House bill. The following programs are
included in the agreement:
$1,000,000 to establish Regional Children's Advocacy
Centers, as authorized by section 213 of VOCA, including
$300,000 for the Southern Regional Child Advocacy Center;
$4,000,000 to establish local Children's Advocacy Centers,
as authorized by section 214 of VOCA;
$1,500,000 for a continuation grant to the National Center
for Prosecution of Child Abuse for specialized technical
assistance and training programs to improve the prosecution
of child abuse cases, as authorized by section 214a of VOCA;
and
$500,000 for a continuation grant to the National Network
of Child Advocacy Centers for technical assistance and
training, as authorized by section 214a of VOCA.
public safety officers benefits
The conference agreement includes the requested language
for death benefits under the Public Safety Officers Benefits
program for fiscal year 1998, which will fully fund
anticipated payments.
In addition, the conference agreement includes $2,000,000
for the Federal Law Enforcement Assistance Program for fiscal
year 1998, as proposed in both the House and Senate bills.
General Provisions--Department of Justice
The conference agreement includes the following general
provisions for the Department of Justice:
Section 101.--The conference agreement includes section 101
as proposed by both the House and Senate bills, which makes
up to $45,000 of the funds appropriated to the Department of
Justice available for reception and representation expenses.
Sec. 102.--The conference agreement includes section 102 as
proposed by both the House and Senate bills, which continues
certain authorities for the Justice Department in fiscal year
1998 that were contained in the Department of Justice
Authorization Act, fiscal year 1980.
Sec. 103.--The conference agreement includes section 103 as
proposed by both the House and Senate bills, which prohibits
the use of funds to perform abortions in the Federal Prison
System.
Sec. 104.--The conference agreement includes section 104 as
proposed by both the House and Senate bills, which prohibits
use of the funds to require any person to perform, or
facilitate the performance of, an abortion.
Sec. 105.--The conference agreement includes section 105 as
proposed by both the House and Senate bills, which states
that nothing in the previous section removes the obligation
of the Director of the Bureau of Prisons to provide escort
services to female inmates who seek to obtain abortions
outside a Federal facility.
Sec. 106.--The conference agreement includes section 106 as
proposed by both the House and Senate bills, which allows the
Department of Justice to spend up to $10,000,000 for rewards
for information regarding acts of terrorism against a United
States person or property at levels not to exceed $2,000,000
per reward.
Sec. 107.--The conference agreement includes section 107 as
proposed by both the House and Senate bills, which allows the
Department of Justice, subject to reprogramming procedures,
to transfer up to 5 percent between any appropriation, but
limits to 10 percent the amount that can be transferred into
any one appropriation.
Sec. 108.--The conference agreement includes section 108 as
proposed in the House bill and similar to language included
in the Senate bill, that allows balances remaining in the
Assets Forfeiture Fund after September 30, 1997 to be
available to the Attorney General for any authorized purpose
of the Department of Justice.
Sec. 109.--The conference agreement includes section 109,
similar to language proposed in the House bill and language
included in the Senate bill under section 114, which
authorizes the use of unexpended Crime Victims Fund dollars
previously available to the Administrative Office of the U.S.
Courts for the National Fine Center, to be used to improve
services for crime victims in the Federal criminal justice
system.
The conferees understand that this provision will allow
$21,000,000 in unexpended Crime Victims Fund monies to be
available to the Director of the Office for Victims of Crime.
The conferees direct this funding to be used for the
following initiatives: (1) $12,000,000 to support 93 victim
witness coordinators and advocates to be assigned to various
U.S. Attorneys Offices, including victim support for D.C.
Superior Court, for fiscal years 1998 and 1999; (2)
$8,000,000 for the establishment of an automated victim
information and notification system for Federal cases; and
(3) $1,000,000 for restitution collection and enforcement and
the processing and tracking of Federal criminal monetary
penalties and related litigation activities.
[[Page H10844]]
Sec. 110.--The conference agreement includes section 110 as
proposed in the Senate bill which merges the INS detention
account and the INS Breached Bond/Detention Fund. The House
bill did not contain a provision on this matter.
Sec. 111.--The conference agreement includes a new
provision under section 111, not proposed in the House or
Senate bills, that provides for continuation of Section
245(i) of the Immigration and Nationality Act (INA) for any
alien (including the spouse or child of the principal alien)
who has been approved for or has filed a petition for
permanent immigration, or has filed for labor certification
with the Department of Labor, as of January 14, 1998. In
addition, the provision also includes an exception for
persons obtaining an employment-based visa which allows the
person to adjust to permanent resident status under section
245(a) of the INA if the person lapsed into illegal status
for less than six months. The Senate bill included a
permanent extension of section 245(i) of the INA. The House
bill did not contain a provision on this matter.
Sec. 112.--The conference agreement includes section 112,
similar to language included in the Senate bill, that extends
the filing period for certain naturalization opportunities
for Philippine army, scouts, and guerrilla veterans of World
War II. The House bill did not contain a provision on this
matter.
Sec. 113.--The conference agreement includes section 113,
similar to language included in the Senate bill, that amends
the Immigration and Nationality Act to address several
problems encountered in the implementation of the special
immigrant juvenile provision. The language has been modified
in order to limit the beneficiaries of this provision to
those juveniles for whom it was created, namely abandoned,
neglected, or abused children, by requiring the Attorney
General to determine that neither the dependency order nor
the administrative or judicial determination of the
alien's best interest was sought primarily for the purpose
of obtaining the status of an alien lawfully admitted for
permanent residence, rather than for the purpose of
obtaining relief from abuse or neglect. The conferees
intend that the involvement of the Attorney General is for
the purposes of determining special immigrant juvenile
status and not for making determinations of dependency
status. In addition, in order to preclude State juvenile
courts from issuing dependency orders for juveniles in
actual or constructive custody of the INS, the modified
provision removes jurisdiction from juvenile courts to
consider the custody status or placement of such aliens
unless the Attorney General specifically consents to such
jurisdiction. The House bill did not contain a provision
on this matter.
Sec. 114.--The conference agreement includes section 114,
as proposed in the Senate bill under section 115, that
implements a ruling of the U.S. Court of Federal Claims. The
House bill did not include a provision on this matter.
Sec. 115.--The conference agreement includes a new
provision, similar to language included in the Senate bill
under section 116 and similar to H.R. 1683 as passed by the
House of Representatives on September 23, 1997, that
recommends amendments to the Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration
Improvement Act, to give States greater flexibility in
creating and implementing individual sex offender
registration programs. The House bill did not include a
provision on this matter.
Sec. 116.--The conference agreement includes section 116,
as proposed in the Senate bill under section 117, that
extends and expands the entrepreneurial visa pilot program
under the Immigration and Nationality Act. The House bill did
not include a provision on this matter.
Sec. 117.--The conference agreement includes section 117,
similar to language proposed in the Senate bill, that
provides for enhanced security at a government-leased
facility housing Federal employees in Albuquerque, New
Mexico. The conferees expect the Attorney General, through
contracts with the U.S. Attorneys and the U.S. Marshals, to
provide for security upgrades for the period of time that
Department of Justice employees are occupants of this
building. After that time, the General Services
Administration is directed to provide this enhanced security
for the remaining Federal tenants located in this building.
The House bill did not include a provision on this matter.
Sec. 118.--The conference agreement includes section 118,
as proposed in the Senate bill, that authorizes the transfer
to State and local governments certain surplus property for
use for law enforcement or fire and rescue purposes. The
House bill did not include a provision on this matter.
Sec. 119.--The conference agreement includes section 119,
as proposed in the Senate bill under section 126, that amends
the current Community Oriented Policing Services (COPs)
statute to allow up to 20 percent of funds provided in each
fiscal year to be available for the COPs MORE program. The
House bill did not include a provision on this matter.
Sec. 120.--The conference agreement includes section 120,
as proposed in the Senate bill under section 128, that amends
the Antiterrorism and Effective Death Penalty Act of 1996 to
delay until October 1, 1999 the effective date of changes
made by Section 233 of the Act dealing with the compensation
of victims of terrorism. The House bill did not contain a
provision on this matter.
Sec. 121.--The conference agreement includes section 121,
as proposed in the Senate bill under section 129, that
requires the Attorney General to submit a report within 180
days after the enactment of this Act, which includes a plan
for the implementation of a requirement that prior to the
release of any sex offender from Federal custody following a
conviction for a criminal offense against a victim who is a
minor, or for 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. The House bill did not contain a provision on this
matter.
Sec. 122.--The conference agreement includes section 122,
that allows the Director of the FBI, with approval of the
Attorney General, to design and implement over a three year
period, a new system of pay, classification, and personnel
management for up to 3,000 non-Special Agent scientific,
technical, engineering, intelligence analyst, language
translator and medical positions. This provision replaces
language included in the Senate bill that would have exempted
all non-Senior Executive Service FBI employees from the
provisions of Title 5, United States Code. The House bill did
not include a provision on this matter.
The conferees agree that the scope of this new provision is
more limited and focused on selected categories of non-
Special Agent positions that are considered by the conferees
to be especially critical to the current and future success
of the FBI's counterterrorism and technology crimes
initiatives. During House and Senate Appropriations hearings
on counterterrorism, the FBI expressed the difficulty it is
experiencing in recruiting experienced professionals for
certain highly-competitive specialty positions, a situation
that, if not corrected, could negatively impact the Bureau's
ability to investigate terrorists and organized criminal
groups that often use technology to commit crimes or impede
law enforcement efforts. In addition, the conferees note that
the Department of Justice Inspector General identified
serious weaknesses in the management and operations of the
FBI laboratory and as a result of the findings in this
report, the Director of the FBI concluded that Title 5,
United States Code, impeded his ability to recruit and retain
scientific and technical personnel to improve the
laboratory's operations. This provision will enable the
Director to address these concerns.
The conferees agree that positions encompassed by this
authority, include professional positions currently
classified in accordance with standards issued by the Office
of Personnel Management under the GS-0132, 0334, 0391, 0401,
0801, 0808, 0810, 0830, 0850, 0854, 0855, 0856, 1040, 1301,
1320, 1321, 1520, and 1550 occupational groups. In addition,
within 90 days of enactment, the Director must provide to the
relevant Committees of Congress, an operating plan that
identifies the provisions of Title 5 that impede effective
human resources management in the Bureau and that describes
the personnel system that will be established under this
authority. The conferees further agree that any performance
management system adopted by the Director shall include at
least two levels of performance above a retention standard.
This will ensure that no ``pass/fail'' system will impede the
Bureau's ability to recognize outstanding performance by its
employees. In addition, the provision requires the submission
of an evaluation of the new personnel system established by
March 31, 2000, including both a comparison with other
laboratories operated by Federal agencies and a cost
comparison with private sector laboratories which provide
similar services on a commercial basis. This cost
comparison is to be conducted consistent with standards
articulated in Office of Management and Budget Circular A-
76.
The conference agreement also includes establishment of a
similar hiring demonstration project for up to 950 employees
of the Department of the Treasury, under the existing
procedures of Chapter 47, Title 5, United States Code.
Sec. 123.--The conference agreement includes section 123,
that makes technical and limited changes to the Prison
Litigation Reform Act of 1995, in order to clarify Congress'
earlier stated intent of this legislation. The changes
include replacing the word ``permits'' with ``requires'' to
make clear that ``state or local official'' includes
individual state legislators, or a unit of government with
regard to who is entitled to intervene as a right, in a
district or appellate court, to challenge prisoner release
orders or seek their termination. It is intended that a court
should implement the intervention provisions in a manner that
gives them their full effect by ruling in a timely fashion on
such motions and that delaying a ruling on the intervention
prevention should not be used as justification for avoiding
the automatic stay. The provision also includes a change in
subsection (b)(3) that corrects the confusing use of the word
``or'' to describe the limited circumstances when a court may
continue prospective relief in prison conditions litigation
to make clear that a constitutional violation must be
``current and ongoing''. These dual requirements are
necessary to ensure that court orders do not remain in place
on the basis of a claim that a current condition that does
not violate prisoners' Federal rights nevertheless requires a
court decree to address it, because the condition is somehow
traceable to a prior policy that did violate
[[Page H10845]]
Federal rights, or that government officials are ``poised''
to resume a prior violation of federal rights. If an unlawful
practice resumes or if a prisoner is in imminent danger of a
constitutional violation, the prisoner has prompt and
complete remedies through a new action filed in State or
Federal court and preliminary injunctive relief. Changes are
also included to make clear that mandamus relief is available
to compel the court to issue a ruling on a pending motion and
to provide the courts additional time (60 days) to rule on
motions to terminate before the automatic stay takes effect.
Sec. 124.--The conference agreement includes section 124,
that amends the requirements for transfer of surplus balances
in the Department of Justice Assets Forfeiture Fund. The
House and Senate bills did not include a provision on this
matter.
Sec. 125.--The conference agreement includes a provision
that extends the visa waiver pilot program until April 30,
1998.
Sec. 126.--The conference agreement includes a provision
that extends through May 1, 1998 the Department of State
Consolidated Immigrant Visa Processing Center on-line access
to the Interstate Identification Index of the National Crime
Information Center and the requirement that the Secretary of
State submit certain fingerprints relating to applications
for immigrant visas to the Federal Bureau of Investigation.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
Salaries and expenses
The conference agreement includes $23,450,000 for the
salaries and expenses of the Office of the United States
Trade Representative, instead of $22,700,000 as proposed in
the House bill, and $22,092,000 as proposed in the Senate
bill, an increase of $2,001,000 above the fiscal year 1997
level.
The conferees note that on September 16, 1997, a budget
amendment was submitted requesting an additional $1,700,000
above the original request for the following: (1) increased
enforcement activities; (2) increased negotiation activities
related to Latin America, Asia, and the World Trade
Organization; and (3) creation of a new office within the
USTR. The conference agreement provides $1,358,000 of the
amount requested in the budget amendment for the following
activities: (1) increased personnel to vigorously defend and
prosecute trade cases on behalf of the United States in
dispute settlement proceedings in the World Trade
Organization and other trade fora, as well as to increase the
USTR's notifications to and consultations with the Congress
and other interested parties regarding such proceedings and
on on-going trade negotiations, including the possible
effects of such proceedings and negotiations on Federal,
State, and local laws; and (2) increased personnel for Latin
American, Asian, and the World Trade Organization
negotiations.
The conference agreement also includes bill language
limiting the number of political appointees to not more than
25 positions by May 1, 1998. The Senate bill contained a
similar provision providing a limitation of not more than 15%
of the total number of full-time equivalent positions, while
the House bill did not address this matter.
To assist the U.S. Trade Representative in litigation
before international panels, the conferees urge the USTR to
permit participation of non-governmental U.S. persons in the
development of U.S. positions and in the preparation for
consultations and dispute settlement proceedings, provided
that such persons are supportive of the United States
Government's position in the proceedings and have a direct
interest in the matter in dispute, and provided that the
United States Government does not pay for any litigation
expenses incurred by such persons. The conferees urge that
such persons be permitted to participate in international
consultations and dispute settlement proceedings where the
USTR believes such participation would assist in the U.S.
prosecution or defense in the proceedings.
International Trade Commission
salaries and expenses
The conference agreement includes $41,200,000 for the
salaries and expenses of the International Trade Commission
(ITC) for fiscal year 1998, instead of $41,400,000 as
proposed in the House bill and $41,000,000 as proposed in the
Senate bill.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $283,066,000 in new
budgetary resources for the operations and administration of
the International Trade Administration for fiscal year 1998,
instead of $279,500,000 as proposed by the House bill, and
$280,736,000 as recommended in the Senate bill. In addition
to this amount, the conference agreement assumes $4,800,000
in unobligated prior year carryover, resulting in a total
fiscal year 1998 availability of $287,866,000.
The following table reflects the distribution of funds by
activity included in the conference agreement:
Trade Development...........................................$58,986,000
Market Access and Compliance.................................17,340,000
(Trade Compliance Center).................................(3,000,000)
Import Administration........................................28,770,000
U.S. & F.C.S................................................171,070,000
Executive Direction and Administration.......................11,700,000
Carryover...................................................(4,800,000)
________________
Total, ITA..............................................283,066,000
The conference agreement includes a new budget structure
for the ITA, which delineates funding for policy and
administrative overhead expenses into a new separate
component within ITA. For years, the ITA has attempted to
thwart congressional intent in the distribution of funds
provided to each ITA component by using the practice of
administrative and executive tithing against ITA program
components in order to redistribute funding for ITA programs.
Therefore, the conferees have adopted and expanded the
approach taken in the House bill to address these problems by
including bill language designating the amounts provided in
fiscal year 1998, including carryover, for each component and
activity in ITA, in addition to creating a new Executive
Direction and Administration activity. The conferees expect
the fiscal year 1999 budget submission to include a separate
activity for Executive Direction and Administration. Further,
the conferees direct that centralized services (i.e. rent and
utilities payments, the Office of the General Counsel and
Departmental administrative support services) be
proportionately charged to each activity based on actual
usage, and direct that the practice of redistributing
resources through such administrative charges cease
immediately upon enactment of this Act. The conferees direct
that the ITA submit a report to the Committees on
Appropriations no later than December 15, 1997 on the
distribution of fiscal year 1998 centralized services charged
against each ITA activity, as well as for the Trade
Compliance Center.
Executive Direction and Administration.--The conference
agreement includes $11,700,000 for this activity, a $220,000
increase over the amount expended for this activity in fiscal
year 1997 through tithes against the other ITA components.
The following offices and activities are included under this
new line item: the Office of the Under Secretary, the Office
of the Deputy Under Secretary, the Office of Public Affairs,
the Office of Legislative and Intergovernmental Affairs, the
Director of Administration, Office of Financial Management,
Office of Organization and Management Support, Office of
Human Resources Management, and the Office of Information
Resources Management.
Previously, funding for these offices was derived through
assessments levied against each of the ITA's four program
activities. In the interest of budget clarity, the conference
agreement has provided a separate amount for these policy and
overhead functions, and has reduced the four ITA components
by $11,700,000 as follows: (1) $3,080,000 from Trade
Development; (2) $1,360,000 from Market Access and
Compliance; (3) $2,130,000 from the Import Administration;
and (4) $5,130,000 from the U.S. and Foreign Commercial
Service. The conferees expect that all support for these
offices and their functions included under the new
Executive Direction and Administration activity will be
fully supported through this discrete line item and expect
that no direct or indirect assessments will be levied
against the other components of ITA.
Trade Development (TD).--The conference agreement provides
$58,986,000 for this activity. Of the amounts provided,
$46,396,000 is provided for the base program, an increase of
$1,776,000 above the amounts available to TD programs in
fiscal year 1997 exclusive of assessments against TD to
support Executive Direction and Administration functions. The
conferees direct a $400,000 reduction in funding for the
Advocacy Center and assume the Center will refocus its
activities toward small and medium-sized businesses. In
addition, within the amounts provided, $9,000,000 is for the
National Textile Center consortium to continue funding for
the current participants as well as to expand the program to
include the Philadelphia College of Textiles, and $3,000,000
is provided for the Textile/Clothing Technology Corporation.
Further, the conference agreement includes continued funding
for the Access Mexico program at the level recommended in the
Senate report, and provides $500,000 for continuation of the
international global competitiveness initiative, and
$2,500,000 for the Market Cooperator Development program.
Market Access and Compliance (MAC).--The conference
agreement includes a total of $17,340,000, of which not less
than $3,000,000 is for the Trade Compliance Center (TCC) and
$14,340,000 is for the base MAC program. This amount provides
an $875,000 increase for the base MAC program over the fiscal
year 1997 level exclusive of assessments in MAC for Executive
Direction and Administration functions. The conferees expect
the full $3,000,000 to be made available to the TCC and do
not expect such funds to be diverted to directly or
indirectly support other MAC activities. The conferees warn
the ITA that should such diversion occur, the conferees are
prepared to separate out the TCC into a separate ITA
appropriation in fiscal year 1999.
Import Administration.--The conference agreement provides
$28,770,000 for the Import Administration, an increase of
$1,242,000 over the fiscal year 1997 funding level exclusive
of assessments for Executive Direction and Administration
functions.
[[Page H10846]]
U.S. and Foreign Commercial Service (U.S. & FCS).--The
conference agreement includes $171,070,000 for the programs
of the U.S. & FCS, an increase of $7,821,000 over the fiscal
year 1997 funding level exclusive of assessments for
Executive Direction and Administration functions. Within
these amounts, the conferees have included $1,000,000 to be
used in accordance with the direction in the House report
regarding the Rural Export Initiative and an initiative
utilizing electronic commerce to assist small businesses
increase export opportunities.
Unfair Trade Practices.--The conferees are concerned that
relief provided against unfair trade practices is ineffective
where foreign producers sell through related party importers
in the United States and continue their unfair trade
practices. Accordingly, the conferees expect the Import
Administration to provide the House and Senate Appropriations
Committees, within sixty days of enactment of this Act, a
report identifying the statutory and administrative changes
necessary to resolve this issue once an antidumping or
countervailing duty order is established.
Trade Missions.--The conferees concur in the
recommendations of the House report regarding the
establishment and enforcement of a transparent trade mission
policy, as well as the concerns over the fragmentation of
trade policy and promotion activities. Therefore, the
conferees expect the Department to follow the direction
included in the House report regarding these matters.
Security Upgrades.--The conferees expect the ITA to comply
with the direction included in the House report regarding the
expenditure of funds provided in fiscal year 1997 for
security upgrades at ITA facilities.
Export Administration
operations and administration
The conference agreement includes $43,900,000 for the
Bureau of Export Administration (BXA), instead of $41,000,000
as proposed in the House bill, and $43,126,000 as proposed in
the Senate bill. The conference agreement provides increases
over the fiscal year 1997 regular appropriation for the
following activities: (1) $3,900,000 to continue the
counterterrorism activities provided for through emergency
appropriations in fiscal year 1997; (2) $926,000 for new
export control responsibilities transferred from the
Department of State in fiscal year 1997; and (3) $1,174,000
for BXA to begin activities related to its responsibilities
under the Chemical Weapons Convention (CWC) Treaty. The
conferees have not provided the full amount requested for the
CWC Treaty due to the delays in the enactment of the
necessary implementing legislation. Should additional
resources be required, the Committees would be willing to
entertain a reprogramming to meet the additional
requirements.
In addition, the conference agreement provides $1,900,000
to reimburse the Department of Defense's On-Site Inspection
Agency (OSIA) for inspection support to teams of
international inspectors at commercial facilities for CWC
Treaty implementation, instead of $3,500,000 requested in the
budget amendment submitted August 12, 1997, due to reduced
requirements as a result of the delay in enactment of
implementing legislation.
Economic Development Administration
economic development assistance programs
The conference agreement includes $340,000,000 for the
Economic Development Administration grant programs as
proposed in the House bill, instead of $250,000,000 as
proposed in the Senate bill.
Of the amounts provided, $178,000,000 is for the Title I
Public Works program, $29,900,000 is for Title IX Economic
Adjustment Assistance, $89,000,000 is for Defense Conversion,
$24,000,000 is for planning, $9,100,000 is for technical
assistance, including university centers, $9,500,000 is for
trade adjustment assistance, and $500,000 is for research.
The conferees expect EDA to follow the direction in the House
report regarding assistance to communities impacted by coal
industry downswings and timber industry downturns.
salaries and expenses
The conference agreement includes $21,028,000 for salaries
and expenses for the EDA, instead of $21,000,000 as proposed
in the House bill, and $22,028,000 included in the Senate
bill. The conference agreement assumes EDA will use either
the Salaries and Expenses appropriation or the revolving fund
(under 42 U.S.C. 3143) to pay the salaries and expenses
related to protection of loan collateral and grant
property.
Minority Business Development Agency
minority business development
The conference agreement includes $25,000,000 for the
programs of the Minority Business Development Agency (MBDA),
as proposed in the House bill, instead of $27,811,000
included in the Senate bill. The conferees direct that
reductions from the current levels be allocated
proportionately between program administration and program
delivery (e.g. Business Development Centers).
The conference agreement assumes that MBDA will continue
its support for the Entrepreneurial Technology Apprenticeship
Program at the current level, as directed in the House
report, and will follow the direction in the Senate report
regarding Black Dollar Days.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
salaries and expenses
The conferees have provided $47,499,000 for salaries and
expenses of the activities funded under the Economic and
Statistical Analysis account, instead of $46,000,000 as
proposed in the House bill and $47,917,000 included in the
Senate bill. The conference agreement adopts the directive
included in the House report regarding the Integrated
Environmental-Economic Accounting or ``Green GDP''
initiative.
economics and statistics administration revolving fund
The conference agreement includes language allowing the
dissemination of economic and statistical data products at
full cost as proposed in both the House and Senate bills.
Bureau of the Census
salaries and expenses
The conference agreement includes $137,278,000 for the
Bureau of the Census Salaries and Expenses account, instead
of $136,499,000 as proposed in the House bill and
$138,056,000 as proposed in the Senate bill.
The conferees expect the Bureau to be fully reimbursed for
any survey requested by any other Federal agency or private
organization. In addition, the conferees expect the Office of
Management and Budget and the Bureau of the Census to take
the necessary appropriate actions to resolve the concerns
expressed in the Senate report regarding metropolitan
statistical areas.
periodic censuses and programs
The conference agreement provides $555,813,000 for the
Census Bureau's Periodic Censuses and Programs account,
instead of $550,126,000 as proposed in the House bill,
$520,726,000 as recommended in the Senate bill, and
$523,126,000 as requested in the budget.
Decennial Census.--The recommendation includes $389,887,000
as a separate appropriation under this account for fiscal
year 1998 for decennial census programs, an increase of
$8,087,000 above the House bill, and $35,087,000 above the
Senate bill and the budget request. The increase above the
request has been provided as follows: $27,000,000 for the
Census Bureau to plan and develop a contingency plan in the
event sampling is not used in the 2000 decennial census;
$4,087,000 for modifications to the dress rehearsal; and
$4,000,000 to be transferred to the Census Monitoring
Board, authorized in section 210 of this Act.
Other Periodic Programs.--The conferees have included the
following amounts for non-decennial census periodic programs:
Economic Censuses...........................................$63,700,000
Census of governments.........................................2,836,000
Intercensal Demographic estimates.............................5,200,000
Continuous measurement.......................................16,600,000
Sample redesign...............................................3,800,000
CASIC.........................................................6,000,000
Geographic support...........................................43,000,000
Data processing systems......................................24,790,000
________________
Total...................................................165,926,000
Continuous Measurement.--The conferees share the concerns
expressed in both the House and Senate reports about this
program, and direct the Bureau to comply with the direction
included in both reports regarding this program.
National Telecommunications and Information Administration
salaries and expenses
The conference agreement includes $16,550,000 for the
National Telecommunications and Information Administration
(NTIA) salaries and expenses, instead of $17,100,000 as
proposed in the House bill, and $16,574,000 as proposed in
the Senate bill. In addition, the conference agreement
assumes that NTIA will receive an additional $7,500,000
through reimbursements from other agencies for the costs of
providing spectrum management, analysis and research services
to those agencies.
The conference agreement includes $1,750,000 for NTIA's
portion of the second year costs associated with the
International Telecommunications Union plenipotentiary
conference, and $148,000 for the requested privacy
initiative.
public telecommunications facilities, planning and construction
The conference agreement includes $21,000,000 for the
Public Telecommunications Facilities, Planning and
Construction (PTFP) program, instead of $16,750,000 as
proposed in the House bill, and $25,000,000 as proposed in
the Senate bill. The conferees intend for this funding to be
used for the existing equipment and facilities replacement
program. The conference agreement allows up to $1,500,000 of
this amount to be used for program administration, as
provided in both the House and Senate bills. The conference
agreement also includes a new provision as proposed in the
Senate bill, making the Pan-Pacific Education and
Communications Experiments by Satellite (PEACESAT) program
eligible to compete for funding under this account.
In addition, the conference agreement renames the title of
this account to the Public Telecommunications Facilities,
Planning and Construction program, instead of the Public
Broadcasting Facilities, Planning and Construction program.
information infrastructure grants
The conference agreement includes $20,000,000 for NTIA's
Information Infrastructure Grant program, instead of
$21,490,000 as recommended in the House and Senate bills.
[[Page H10847]]
The conferees note that the Senate bill increased funds for
this account through an across-the-board reduction in other
accounts in this title, reductions which are not adopted in
the conference agreement. In addition, the conferees note
that the recent actions by the Federal Communications
Commission to implement the universal service fund
requirements of the Telecommunications Act of 1996 should
reduce the funding requirements under this account.
Consequently, the conference agreement slightly reduces
funding for this account.
As proposed in the House bill, within the amount provided,
the conference agreement designates $3,000,000 for program
administration and allows not to exceed five percent of the
total amount provided to be used for certain
telecommunications research activities. The Senate bill did
not address these matters.
Patent and Trademark Office
salaries and expenses
The conference agreement provides a total funding level of
$716,000,000 for the Patent and Trademark Office (PTO) in
fiscal year 1998, instead of $704,000,000 as proposed in the
House bill, $683,320,000 as recommended in the Senate bill,
and $656,320,000 requested in the budget. The conference
agreement assumes a total of $664,000,000 to be derived in
offsetting fee collections, $27,000,000 in direct
appropriations, and $25,000,000 in carryover of prior year
funds. Under the conference agreement, total funds available
to the PTO are increased by $59,680,000 over the budget
request, $32,680,000 over the Senate bill, and $12,000,000
over the House bill.
The conference agreement eliminates the cap on fees
available to the PTO contained in the Senate bill. Under the
Senate bill, fees collected in excess of $629,320,000 would
have returned to the Treasury rather than being retained by
the PTO, resulting in a $34,680,000 loss to the PTO. Instead,
the conference agreement includes new language allowing all
fees collected by the PTO to remain with the PTO to support
its activities, and making the full amount of fiscal year
1998 estimated fee collections available to the PTO in fiscal
year 1998. Fees collected in excess of the PTO's current
estimate of collections will remain with PTO and be available
to the PTO on October 1, 1998. Such language is consistent
with the language included in all other fee-funded agencies
in this bill, and ensures that all fee revenues collected
remain with the agency while ensuring appropriate oversight
of PTO's budget to ensure that such funds are used by the PTO
in a manner which best serves the needs of the user
community.
The conferees are aware that the Office of the Inspector
General has issued an audit report concluding that the PTO is
not maintaining adequate controls over the quality of patent
examinations. The OIG recommends restoring funds to the
Office of Patent Quality Review, which has been severely
weakened by budget decisions by the PTO, so that the Office
can continue their independent assessments of patent quality
as they have in the past. Since public confidence in the
quality of issued patents is essential to maintaining the
integrity of the patent system, the conferees fully expect
the PTO to comply with the OIG's recommendation and restore
the Office to full strength, and to report back to the
Committees on this matter not later than December 15, 1997.
SCIENCE AND TECHNOLOGY
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
The conference agreement includes $8,500,000 for the
Technology Administration (TA), as proposed in the House
bill, instead of $8,800,000 as proposed in the Senate bill.
Of this amount, $1,600,000 is for the Experimental Program to
Stimulate Competitive Technology (EPSCoT), and bill language
is included making these funds available for two years as
recommended in the House bill. In addition, the conference
agreement adopts the recommendations in both the House and
Senate reports denying funds for any new foreign policy
initiatives. However, the conference agreement assumes the
TA will continue existing agreements at no more than the
current level of support, but the conferees direct the
Technology Administration not to enter into any new
international technology agreements, expand any existing
agreements, or extend any expiring agreements. The
conferees would be willing to permit the TA to provide
technical assistance to other agencies, more appropriately
involved in foreign assistance programs, for such
agreements, provided TA is fully reimbursed from funds
from other Federal sources outside the Department of
Commerce's budget.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $276,852,000 for the
internal (core) research account of the National Institute of
Standards and Technology as proposed in the Senate and House
bills.
The conference agreement provides $268,052,000 for the core
research programs within NIST, the same amount provided in
fiscal year 1997, in accordance with the distribution in the
fiscal year 1997 conference report. Such distribution should
be used as a basis for reprogramming of funds for activities
provided in this account. In addition, the conferees concur
with the recommendation included in the Senate report
regarding funding for the Malcolm Baldrige Award, and thus
have provided no funds for expansion of this program to other
areas in fiscal year 1998, as such expansion would result in
reductions in core NIST activities.
Further, in light of recent wind related disasters in the
southwest United States which have resulted in significant
loss of life and property, the conference agreement includes
$3,800,000 in the bill for research to be conducted at Texas
Tech University on protective structures and other
technologies which are designed to save lives threatened by
tornadoes and severe wind storms. Texas Tech is uniquely
positioned to conduct this research because of its nationally
recognized interdisciplinary wind engineering program and its
location in a region which has experienced repeated wind
disasters. In addition, the conference agreement also
includes $5,000,000 for a cooperative agreement with Montana
State University for research on building products, processes
and technologies which utilize underused natural resources
and environmentally sound technologies. The conferees direct
that funds provided for these two activities shall not be
used for the design or construction of facilities.
INDUSTRIAL TECHNOLOGY SERVICES
The conference agreement includes $306,000,000 for the NIST
external research account instead of $298,600,000 as proposed
in the House bill and $311,040,000 as proposed in the Senate
bill.
Manufacturing Extension Partnership Program.--The
conference agreement includes $113,500,000 for the
Manufacturing Extension Partnership Program (MEP) as proposed
in the House bill, instead of $111,040,000 as proposed in the
Senate bill. Of these amounts, $103,000,000 is for continued
support for all existing Regional Centers, including the
rollover costs of the remaining Centers originally funded
under the Defense Department's Technology Reinvestment
Program, as well as those Centers which have reached their
statutory six-year time limit; $2,000,000 is for
continuation of the existing SBDC-manufacturing field
offices; and $8,500,000 is for management and
administration. The conference agreement does not include
any funds for special projects related to supply chain
optimization, information technology, and technology
infusion. While these projects are worthwhile, the
conferees are concerned that these programs are not
required to meet the same requirements as the Regional
Centers program, including cost share requirements. Given
that many of these projects are targeted to selected
industry sectors and problems, the conferees expect that
MEP Centers should be able to obtain the funds for these
purposes from local, State, or private-sector sources.
The conference agreement also contains language, included
in the Senate bill, that extends for one year NIST's support
for the Regional Centers beyond the statutory six-year
period, subject to certain conditions. The House bill
contained no extension. The conferees note that this program,
as well as other NIST programs, have remained unauthorized
for a number of years. The House most recently passed NIST
authorization legislation (H.R.1274) earlier this year which
would waive the statutory sunset on manufacturing centers.
The Senate has not passed a companion bill. The conferees had
hoped that an authorization bill would be enacted prior to
fiscal year 1998, obviating the need to address this issue in
the appropriations bill. As stated in the fiscal year 1997
conference report, the conferees continue to believe this
issue is best addressed through the authorization process.
Therefore, while the conferees have included a one-year
waiver of the sunset requirement to bridge the gap until a
NIST authorization is enacted, the conferees fully expect
enactment of appropriate authorization legislation prior to
fiscal year 1999, and thus do not plan to continue waiving
such sunset requirements through the appropriations process.
In addition, the conferees direct the Secretary of Commerce
to review this program and provide recommendations to the
Committees for assisting the Regional Centers to become self-
supporting after their sixth year of operation, and expect a
report from the Secretary to be submitted with the fiscal
year 1999 budget submission.
Advanced Technology Program.--The conference agreement
includes $192,500,000 for the Advanced Technology Program
(ATP), instead of $185,100,000 as proposed in the House bill
and $200,000,000 as proposed in the Senate bill. The
recommendation provides the following distribution for fiscal
year 1998 funds: (1) $68,000,000 for continuation of prior
year awards made using funds provided in fiscal years 1996
and 1997; (2) $82,000,000 for new awards in fiscal year 1998;
and (3) $42,500,000 for administration, internal NIST lab
support and Small Business Innovation Research requirements.
In addition, language is included in the bill designating the
amounts available for new ATP awards, similar to language
included in the House bill.
CONSTRUCTION OF RESEARCH FACILITIES
The conference agreement provides $95,000,000 for
construction, renovation and maintenance of NIST facilities,
instead of $111,092,000 as proposed in the House bill, and
$16,000,000 included in the Senate bill.
The conferees concur in the direction included in the House
report regarding the development of a long-term facilities
plan for
[[Page H10848]]
NIST which includes maintenance, rehabilitation and new
construction requirements, and have included bill language
making $78,308,000 of the funds provided in this account
available upon submission of a spending plan which
corresponds to NIST's long-term facilities plan.
National Oceanic and Atmospheric Administration
The conference agreement provides a total funding of
$2,002,139,000 for all programs of the National Oceanic and
Atmospheric Administration (NOAA), instead of $1,850,392,000
as proposed by the House, and $2,101,555,000 as proposed by
the Senate. Of these amounts, the conferees have included
$1,512,050,000 in the Operations, Research, and Facilities
(ORF) account, $491,609,000 in the new Procurement,
Acquisition and Construction (PAC) account, and $1,480,000 in
other NOAA accounts.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement includes $1,512,050,000 for the
Operations, Research, and Facilities account of the National
Oceanic and Atmospheric Administration instead of
$1,391,400,000 as proposed by the House and $1,999,052,000 as
proposed in the Senate bill. In addition, the conference
agreement allows $3,000,000 in offsetting fees related to the
aeronautical charting program to be collected to offset this
amount, resulting in a final direct appropriation of
$1,509,050,000 instead of $1,388,400,000 as proposed by the
House and $1,996,052,000 as proposed in the Senate bill.
The conference agreement reflects significant changes in
the account structure for NOAA, through the creation of a new
separate account for procurement, acquisition, and
construction activities. Activities, including systems
acquisition and new construction, which previously had been
funded within the NOAA Operations, Research, Facilities (ORF)
account are now provided for in a new account under the
heading ``Procurement, Acquisition and Construction.'' In
addition, non-capital acquisition activities previously
provided for in the NOAA ``Construction'' and ``Fleet
Modernization, Shipbuilding, and Conversion'' accounts have
been provided for within the ORF account, as proposed.
Language is included in the bill, as requested, to make the
necessary technical changes to reflect the establishment of
this new account. While the conferees have adopted this new
budget structure, the conferees do not intend to impede the
agency's ability to meet its operational and programmatic
requirements through transfers between the ORF and PAC
accounts. The PAC account is intended to assist the agency
and Congress in evaluating NOAA's long-term needs for systems
and facilities acquisition in a timely and cost-effective
manner.
In addition to the new budget authority provided, the
conference agreement allows a transfer of $62,381,000 from
balances in the account titled ``Promote and Develop Fishery
Products and Research Related to American Fisheries,'' as
proposed in the Senate bill, instead of $63,881,000 as
proposed by the House. This amount is equal to the budget
request, and will support a $4,000,000 Saltonstall-Kennedy
grant program, in addition to $2,000,000 in carryover
available in the grant program from fiscal year 1997. The
total amount provided also includes a transfer of $5,200,000
from the Damage Assessment Revolving Fund, as included in the
budget request. In addition, the conference agreement assumes
NOAA will use $1,700,000 from the Federal Ship Financing Fund
to cover administrative expenses related to that account, and
reflects prior year deobligations and carryover funding
totaling $24,000,000.
The conference agreement does not include language proposed
in the House bill designating the amounts provided under this
account for the six NOAA line offices. The Senate bill
contained no similar provision. The conference agreement
adopts the direction included in the House report regarding
the development of a revised budget structure for NOAA in
consultation with the House and Senate Appropriations
Committees, as well as the direction included in both the
House and Senate reports concerning financial and budgetary
management deficiencies at NOAA.
NOAA Commissioned Corps.--The conference agreement includes
language setting the ceiling on the number of commissioned
corps officers in fiscal year 1998 at not more than 283 by
September 30, 1998, instead of a ceiling of 270 officers as
included in the House bill, and 299 as included in the Senate
bill.
Unless specifically stated otherwise in this Statement of
the Committee of the Conference, directions included, and
amounts expended, from the NOAA Operations, Research and
Facilities account are to be allocated in accordance with the
recommendations previously described in the Committee reports
of the House and Senate.
The following table reflects the distribution of the funds
provided in this conference agreement:
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH AND FACILITIES, FISCAL YEAR 1998
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY97 Enacted Budget request House Senate Conference
----------------------------------------------------------------------------------------------------------------
NATIONAL OCEAN SERVICE
Navigation Services:
Mapping and Charting........ 32,000 30,100 30,100 30,100 30,100
Address Survey Backlog...... 6,000 6,000 13,900 6,000 13,900
Subtotal.................. 38,000 36,100 44,000 36,100 44,000
Geodesy..................... 20,167 19,159 21,100 19,659 20,700
Tide and Current Data....... 12,500 11,000 11,350 11,300 11,350
Acquisition of Data......... 18,200 14,546 14,500 16,046 14,546
-------------------------------------------------------------------------------
Total, Navigation Services 88,867 80,805 90,950 83,105 90,596
===============================================================================
Ocean Resources Conservation
Assessment:
Esturaine and Coastal
Assessment................. 2,674 2,674 2,674 2,674 2,674
Ocean Assessment Program 27,300 28,425 28,600 35,375 35,300
Damage Assessment....... 2,200 3,000 3,000 3,000 3,000
Transfer from Damage
Assessment Fund........ 5,276 6,700 6,700 6,700 6,700
Oil Pollution Act of
1990................... 1,000 1,000 1,000 1,000 1,000
Ocean Services.......... 2,500 2,800 2,500 2,800 2,500
Oceanic and Coastal
Research............... .............. .............. .............. 7,910 7,910
-------------------------------------------------------------------------------
Subtotal.............. 40,950 44,599 44,474 59,459 59,084
Coastal Ocean Program....... 15,200 15,200 17,200 15,200 17,200
-------------------------------------------------------------------------------
Total, ORCA............... 56,150 59,799 61,674 74,659 76,284
===============================================================================
Ocean and Coastal Management:
Coastal Management:
CZM Grants.............. 46,200 65,732 55,000 49,732 49,700
Estuarine Research
Reserve System......... 1,300 4,300 1,000 12,900 5,650
Nonpoint Pollution
Control................ .............. 1,000 1,000 .............. 1,000
Program Administration.. .............. .............. .............. .............. 4,500
-------------------------------------------------------------------------------
Subtotal.............. 47,500 71,032 57,000 62,632 60,850
Marine Sanctuary Program 11,685 13,200 14,000 14,500 14,000
-------------------------------------------------------------------------------
Total, Ocean & Coastal
Management........... 59,185 84,232 71,000 77,132 74,850
===============================================================================
Total, Nos............ 204,202 224,836 223,624 234,896 241,730
NATIONAL MARINE FISHERIES
SERVICE
Information Collection and
Analysis:
Resource Information........ 91,330 92,992 88,344 99,947 99,300
Antarctic Research...... 1,200 1,200 1,200 1,200 1,200
Chesapeake Bay Studies.. 1,890 1,500 1,890 1,890 1,890
Right Whale Research.... 250 200 250 1,000 400
MARFIN.................. 3,000 3,000 3,000 5,000 3,500
SEAMAP.................. 1,200 1,200 1,200 1,200 1,200
Alaskan Groundfish
Surveys................ 661 661 661 961 950
Bering Sea Pollock
Research............... 945 945 945 945 945
West Coast groundfish... 780 780 780 780 780
New England Stock
Depletion.............. 1,000 1,000 1,000 1,000 1,000
Hawaii Stock Management
Plan................... 500 .............. 500 500 500
Yukon River Chinook
Salmon................. 700 700 700 700 700
Atlantic Salmon Research 710 710 710 960 710
[[Page H10849]]
Gulf of Maine Groundfish
Survey................. 567 567 565 567 567
Dolphin/Yellowfin Tuna
Research............... 250 250 250 250 250
Habitat Research/
Evaluation............. 450 450 450 450 450
Pacific Salmon Treaty
Program................ 5,587 5,587 5,587 5,587 5,587
Fisheries Cooperative
Institute.............. 410 410 410 .............. ..............
Hawaiian Monk Seals..... 500 500 500 500 550
Steller Sea Lion
Recovery Plan.......... 1,770 1,440 1,440 2,770 2,770
Hawaiian Sea Turtles.... 248 248 243 248 248
Bluefish/Striped Bass... 785 .............. 800 .............. 800
Halibut/Sablefish....... 1,200 1,200 1,200 1,500 1,200
Gulf of Mexico
Mariculture............ 300 .............. .............. .............. ..............
Summer Flounder......... .............. .............. .............. 250 ..............
-------------------------------------------------------------------------------
Subtotal.............. 116,233 115,540 112,625 128,255 125,497
===============================================================================
Fishery Industry
Information:
Fish Statistics......... 13,000 13,400 13,000 13,400 13,000
Alaska Groundfish
Monitoring............. 5,200 5,200 5,200 5,500 5,500
PACFIN/Catch Effort Data 3,000 3,000 4,700 4,700 4,700
Recreational Fishery
Harvest Monitoring..... 3,400 3,100 3,900 5,000 3,900
-------------------------------------------------------------------------------
Subtotal.............. 24,600 24,700 26,800 28,600 27,100
===============================================================================
Information Analyses and
Dissemination.............. 20,900 21,200 20,900 21,200 20,900
Computer Hardware and
Software............... 4,000 4,000 4,000 4,000 4,000
-------------------------------------------------------------------------------
Subtotal.............. 24,900 25,200 24,900 25,200 24,900
===============================================================================
Acquisition of Data......... 26,840 25,098 26,800 25,098 25,098
-------------------------------------------------------------------------------
Total, Information
Collection and Analysis.. 192,573 190,538 191,125 207,153 202,595
===============================================================================
Conservation and Management
Operations:
Fisheries Management
Programs................... 22,000 29,300 24,500 30,000 27,250
Columbia River
Hatcheries............. 10,955 10,300 10,300 10,955 12,055
Columbia River
Endangered Species..... 288 288 288 288 288
Regional Councils....... 10,200 11,700 11,700 13,000 11,900
International Fisheries
Commissions............ 950 400 400 400 400
Management of George's
Bank................... 478 478 461 478 478
Beluga Whale Committee.. 200 200 200 200 200
Pacific Tuna Management. 1,900 1,500 1,000 1,900 2,300
Chinook Salmon
Management............. .............. .............. .............. 1,884 ..............
-------------------------------------------------------------------------------
Subtotal.............. 46,971 54,166 48,849 59,105 54,871
===============================================================================
Protected Species Management 5,700 6,750 5,700 7,950 6,200
Driftnet Act
Implementation......... 3,278 3,278 3,278 3,278 3,278
Marine Mammal Protection
Act.................... 9,125 9,500 9,500 9,500 9,500
Endangered Species Act
Recovery Plan.......... 13,500 20,200 15,500 20,200 20,200
Fishery Observer
Training............... 417 .............. 417 417 417
East Coast Observers.... 350 350 350 350 350
-------------------------------------------------------------------------------
Subtotal.............. 32,370 40,078 34,745 41,695 39,945
===============================================================================
Habitat Conservation........ 8,000 9,800 8,000 9,800 8,500
Enforcement & Surveillance.. 16,500 18,200 17,000 18,200 17,600
-------------------------------------------------------------------------------
Total, Conservation,
Management & Operations.. 103,841 122,244 108,594 128,800 120,916
===============================================================================
State and Industry Assistance
Programs:
Interjurisdictional
Fisheries Grants........... 2,600 2,600 2,600 3,500 2,600
Anadromous Grants........... 2,108 2,108 2,100 3,000 2,100
Anadromous Fishery Project.. .............. 250 .............. 250 ..............
Interstate Fish Commission.. 5,000 4,000 6,000 8,000 6,750
-------------------------------------------------------------------------------
Subtotal.................. 9,708 8,958 10,700 14,750 11,450
===============================================================================
Fisheries Development Program:
Product quality and safety/
Seafood Inspect............ 14,624 14,624 14,624 12,674 10,524
Hawaiian Fisheries
Development................ 750 .............. .............. 750 750
Marine Biotechnology........ 1,900 1,900 1,900 .............. ..............
Salmon license buy-back..... .............. .............. .............. 3,500 ..............
Washington crab license buy-
back....................... .............. .............. .............. 8,500 ..............
Subtotal.................. 17,274 16,524 16,524 25,424 11,274
-------------------------------------------------------------------------------
Total, State and Industry
Programs................. 26,982 25,482 27,224 40,174 22,724
===============================================================================
Total, NMFS............... 323,396 338,264 326,943 376,127 346,235
OCEANIC AND ATMOSPHERIC RESEARCH
Climate and Air Quality
Research:
Interannual & Seasonal...... 8,000 12,900 12,900 12,900 12,900
Climate & Global Change
Research................... 60,000 62,000 57,100 60,000 60,000
GLOBE....................... 6,000 7,000 .............. .............. 5,000
-------------------------------------------------------------------------------
Subtotal.................. 74,000 81,900 70,000 72,900 77,900
===============================================================================
Long-term Climate & Air
Quality Research........... 28,372 29,402 28,300 29,402 29,402
High Performance Computing.. 7,500 7,500 6,500 7,500 7,500
-------------------------------------------------------------------------------
Subtotal.................. 35,872 36,902 34,800 36,902 36,902
===============================================================================
Total, Climate and Air
Quality Research......... 109,872 118,802 104,800 109,802 114,802
===============================================================================
Atmospheric Programs:
Weather Research............ 33,613 33,613 33,613 37,413 37,413
Wind Profiler............... 4,350 4,350 4,350 4,350 4,350
-------------------------------------------------------------------------------
Subtotal.................. 37,963 37,963 37,963 41,763 41,763
Solar/Geomagnetic Research.. 5,493 5,493 5,700 5,493 5,700
-------------------------------------------------------------------------------
Total, Atmospheric
Programs................. 43,456 43,456 43,663 47,256 47,463
===============================================================================
Ocean and Great Lakes Programs:
Marine Research Prediction.. 15,651 12,126 14,000 14,126 22,976
GLERL................... 5,200 5,200 5,200 6,000 6,000
GLERL/zebra mussel...... .............. .............. .............. 2,000 ..............
Lake Champlain study.... .............. .............. .............. 300 ..............
[[Page H10850]]
Tsunami hazard
mitigation............. .............. .............. .............. 2,300 ..............
-------------------------------------------------------------------------------
Subtotal.............. 20,851 17,326 19,200 24,726 28,976
===============================================================================
Sea Grant:
Sea Grant college program... 54,300 50,182 55,300 58,000 56,000
Oyster Disease.............. .............. .............. .............. 1,480 ..............
-------------------------------------------------------------------------------
Subtotal.................. 54,300 50,182 55,300 59,480 56,000
===============================================================================
National Undersea Research
Program.................... 12,000 5,400 .............. 15,000 15,500
-------------------------------------------------------------------------------
Total, Ocean and Great
Lakes Program............ 87,151 72,908 74,500 99,206 100,476
===============================================================================
Acquisition of Data......... 12,690 12,884 14,500 15,384 15,000
-------------------------------------------------------------------------------
Total, OAR................ 253,169 248,050 237,463 271,648 277,741
NATIONAL WEATHER SERVICE
Operations and Research:
Local Warnings and Forecasts 298,538 308,000 313,800 329,820 324,000
MARDI....................... 91,462 73,674 73,674 73,674 73,674
Radiosonde Replacement...... 1,500 910 .............. 910 910
Susquehanna River Basin
flood system............... 1,000 619 1,120 1,000 1,120
Aviation forecasts.......... 35,596 35,596 35,596 35,596 35,596
Regional Climate Centers.... 2,000 .............. 2,000 .............. ..............
-------------------------------------------------------------------------------
Subtotal.................. 430,096 418,799 426,190 441,000 435,300
===============================================================================
Central Forecast Guidance... 28,700 29,543 29,543 29,543 29,543
Atmospheric and Hydrological
Research................... 2,000 2,489 2,489 2,489 2,489
-------------------------------------------------------------------------------
Total, Operations and
Research................. 460,796 450,831 458,222 473,032 467,332
===============================================================================
Systems Acquisition:
Public Warnings and Forecast
Systems:
NEXRAD.................. 53,145 39,591 39,591 39,591 39,591
ASOS.................... 10,056 5,341 5,341 5,341 5,341
AWIPS/NOAA Port......... 100,000 .............. .............. .............. ..............
Computer Facilities
Upgrades............... 14,000 8,000 8,000 8,000 8,000
-------------------------------------------------------------------------------
Total, Systems
Acquisition.......... 177,201 52,932 52,932 52,932 52,932
===============================================================================
Total, NWS............ 637,997 503,763 511,154 525,964 520,264
NAT'L ENVIRO SAT DATA INFO
SERVICE
Satellite Observing Systems:
Polar Spacecraft Launching.. 147,300 .............. .............. .............. ..............
Polar Convergence/IPO....... 29,000 51,503 15,000 51,503 34,000
Geostationary Spacecraft and
Launching.................. 171,480 .............. .............. .............. ..............
Ocean Remote Sensing........ 4,000 3,800 1,000 5,000 4,000
Environmental Observing
Systems.................... 51,000 50,347 50,000 50,347 50,347
-------------------------------------------------------------------------------
Total, Satellite Observing
Systems.................. 402,780 105,650 66,000 106,850 88,347
===============================================================================
Environmental Data
Management Systems......... 30,002 27,500 27,500 27,500 27,500
Data and Information
Services............... 14,800 16,335 16,335 16,335 16,335
Regional Climate Centers .............. .............. .............. 3,000 2,500
-------------------------------------------------------------------------------
Total, EDMS........... 44,802 43,835 43,835 46,835 46,335
===============================================================================
Total, NESDIS......... 447,582 149,485 109,835 153,685 134,682
PROGRAM SUPPORT
Administration and Services:
Executive Direction and
Administration............. 19,000 19,911 14,200 19,986 19,200
Systems Acquisition Office.. 1,497 1,497 1,418 1,422 1,420
-------------------------------------------------------------------------------
Subtotal.................. 20,697 21,408 15,618 21,408 20,620
Central Administrative
Support.................... 33,000 31,850 31,850 31,850 31,850
Retired Pay Commissioned
Officers................... 8,000 14,000 9,000 8,000 8,000
-------------------------------------------------------------------------------
Total, Administration and
Services................. 61,697 67,258 56,468 61,258 60,470
Aircraft Services........... 10,000 9,900 9,900 10,400 10,400
Rent Savings................ .............. (4,656) (4,656) (4,656) (4,656)
-------------------------------------------------------------------------------
Total, Program Support.... 71,697 72,502 61,712 67,002 66,214
===============================================================================
Fleet Planning and Maintenance.. 8,000 11,823 2,500 15,823 13,500
Facilities:
NOAA Facilities Maintenance. 2,000 4,488 2,000 1,800 1,800
Sandy Hook Lease............ 1,750 2,000 2,000 1,750 2,000
Environmental Compliance.... 2,000 3,700 2,000 2,000 2,000
WFO Maintenance............. 1,000 2,950 2,950 .............. 1,000
Columbia River Facilities... 4,700 4,465 3,000 4,465 4,465
-------------------------------------------------------------------------------
Total, Facilities......... 11,450 17,603 11,950 10,015 11,265
===============================================================================
Direct Obligations.............. 1,957,493 1,566,326 1,485,181 1,655,160 1,611,631
Reimbursable Obligations........ 313,515 317,015 317,015 317,015 317,015
New Offsetting Collections (data
sales)......................... 1,200 2,400 2,400 2,400 2,400
Anticipated Offsetting
Collections (aerocharts)....... 3,000 3,000 3,000 3,000 3,000
-------------------------------------------------------------------------------
Subtotal, Reimbursables... 317,715 322,415 322,415 322,415 322,415
===============================================================================
Total Obligations......... 2,275,208 1,888,741 1,807,596 1,977,575 1,934,046
Financing:
Deobligations............... (14,000) (24,000) (24,000) (24,000) (24,000)
Unobligated Balance
transferred, net........... .............. (1,500) (2,000) (1,500) (1,500)
Federal Ship Financing Fund. (1,700) .............. (1,700) .............. (1,700)
Coastal Zone Management Fund .............. .............. .............. .............. (7,800)
New Offsetting Collections
(data sales)............... (1,200) (2,400) (2,400) (2,400) (2,400)
Anticipated Offsetting
Collections (aerocharts)... (3,000) (3,000) (3,000) (3,000) (3,000)
Federal Funds............... (282,500) (172,000) (172,000) (172,000) (172,000)
Non-federal Funds........... (31,015) (145,015) (145,015) (145,015) (145,015)
-------------------------------------------------------------------------------
Subtotal, Financing....... (333,415) (347,915) (350,115) (347,915) (357,415)
===============================================================================
[[Page H10851]]
Budget Authority................ 1,941,793 1,540,826 1,457,481 1,629,660 1,576,631
Financing from:
Promote and Develop American
Fisheries.................. (66,000) (62,381) (63,881) (62,381) (62,381)
Damage Assess. & Restor.
Revolving Fund............. (5,276) (5,200) (5,200) (5,200) (5,200)
-------------------------------------------------------------------------------
Appropriation, ORF........ 1,870,517 1,473,245 1,388,400 1,562,079 1,509,050
----------------------------------------------------------------------------------------------------------------
The following narrative provides additional information
related to certain items included in the preceding table.
National Ocean Service
The conferees have provided a total of $241,730,000 under
this account for the activities of the National Ocean
Service, instead of $223,624,000 as recommended by the House,
and $234,896,000 recommended by the Senate.
Mapping and Charting.--The conference agreement provides
$44,000,000 for NOAA's mapping and charting programs,
reflecting the conferee's continued commitment to the
navigation safety programs of the NOS, and their concerns for
the ability of the NOS to continue to meet its mission
requirements over the long term. The conferees remain
concerned that NOAA has not taken sufficient steps to plan
for its long term mission requirements, given that overall
fiscal constraints will likely preclude major investments to
replace NOAA hydrographic vessels. It is clear that the
future of NOAA's hydrographic program lies in increased
outsourcing to meet its nautical charting needs. While the
conferees understand the need for NOAA to ensure the quality,
standards and specifications for nautical charts, the
conferees are concerned that NOAA has not taken vigorous
steps to make this transition to outsourcing as an
alternative method of meeting its needs.
Therefore, the conference agreement includes $13,900,000 as
provided in the House bill under the line item Address Survey
Backlog/Contracts exclusively for contracting out with the
private sector for data acquisition needs. Further, the
conferees believe that the purchase of equipment for the NOAA
vessel RAINER will enable NOAA to reduce the costs, including
liability insurance costs, associated with contracting with
private sector contractors using such equipment. Further, the
conferees direct that NOAA provide a satisfactory long-term
plan to the House and Senate Appropriations Committees and
the House Resources and Senate Commerce, Science, and
Transportation Committees, no later than February 1, 1998, to
meet the Nation's nautical charting needs. Such plan shall
include, at a minimum, the following: (1) NOAA's short and
long-term plans for utilization of its existing hydrographic
fleet, including the time line for decommissioning these
vessels; (2) mechanisms and alternatives for NOAA to maintain
a core set of capabilities for appropriate oversight,
technical guidance, standards development and specifications
for ensuring data quality; and (3) a plan to acquire not less
than 50% of its hydrographic services through private
contract or long-term leases by fiscal year 1999. The
conferees expect NOAA to work with all interested parties in
developing this plan.
Tide and Current Data.--The conference agreement includes
$11,350,000 for this activity in accordance with the
direction included in the House report. The conferees do not
anticipate, and will not consider, future requests for any
operational assistance for any PORTS systems. Further, the
conferees expect NOAA to submit the necessary legislation to
the Congress that would ensure non-Federal support for the
operation and maintenance of such systems.
Ocean Assessment Program.--The conference agreement
includes $35,300,000 for this activity. Within the amounts
provided for ocean assessment, the conference agreement
includes the following: $13,800,000 for NOAA's Coastal
Services Center, of which $300,000 is available for a one-
time grant for implementation of the Charleston Harbor
project as detailed in the Senate report; $5,900,000 to
continue the Cooperative Institute for Coastal and Estuarine
Environmental Technology; $1,000,000 to support coral reef
studies in the Pacific and Southeast as described in the
Senate report; $1,000,000 to provide support for the
Commission on Ocean Policy, a commission which will examine
both Federal and non-Federal ocean and coastal activities,
and report to the Congress and the President, and
$1,000,000 for pfiesteria monitoring and assessment
activities. In addition, the conference agreement also
includes an additional $2,500,000 increase above the
fiscal year 1997 level under Ocean and Coastal Research
and the Coastal Ocean Program for research on pfiesteria
and other harmful algal blooms.
Ocean and Coastal Research.--The conference agreement
includes $7,910,000 for the National Ocean Service laboratory
at Charleston, and has provided this funding under a new line
item entitled ``Ocean and Coastal Research''. This funding
includes $1,500,000 for pfiesteria and toxicology research,
and fisheries forensics and law enforcement. The conferees
agree to transfer management and operation of the Charleston
laboratory from NMFS to the National Ocean Service as
proposed by the Senate. The conferees understand that NOAA
has proposed further realignments of research facilities from
other parts of NOAA to the National Ocean Service as part of
a reorganization to emphasize coastal and ocean programs. The
conferees would be willing to consider such changes upon
submission of a reprogramming, and remind NOAA that all
reorganizations are subject to the requirements of section
605 of this Act. Further, the conferees direct that the study
required by the House report concerning collaborative
research between NOAA and the U.S. Geological Survey be
submitted to the Committees by March 15, 1998.
Coastal Ocean Program.--The conference agreement provides
$17,200,000 for the Coastal Ocean Program, of which
$3,000,000 is for ECOHAB, particularly research related to
pfiesteria. The conference agreement adopts the
recommendation included in the House report regarding efforts
to respond to the algae bloom in the Peconic, Moriches and
adjacent Long Island waters as well as expanding the
geographic scope of studies on the ecology and oceanography
of harmful algal blooms. Further, the conferees recommend
funding at the fiscal year 1997 level for restoration of the
South Florida ecosystem.
Coastal Zone Management Program.--For the CZM State grants
program, the conferees have provided $49,700,000, a
$3,500,000 increase over the fiscal year 1997 level to enable
the addition of two new States into the program in fiscal
year 1998. The conference agreement provides $5,650,000 for
the National Estuarine Research Reserve (NERRS) program. The
conferees intend these funds be used to support the existing
NERRS program, as assumed in the House bill. Of the amounts
provided, $2,350,000 is provided from direct appropriations
and $3,300,000 is derived from the Coastal Zone Management
Fund (CZMF). In addition, $4,500,000 is provided for program
administration to be derived from the CZMF. The conference
agreement includes funds available from the CZMF in the table
under Coastal Management to provide greater clarity regarding
the resources provided for these programs.
The conferees encourage the coastal managers in the State
of New Jersey to purchase and place oyster cultch in the
Delaware Bay to maintain oyster production and to retain
oyster reef habitat quality.
Marine Sanctuary Program.--The conference agreement
includes $14,000,000 for the National Marine Sanctuary
Program. The conferees understand that the NOAA and the
National Research Council are currently developing a study on
the role of marine sanctuaries in marine resource
conservation, as well as the usefulness of marine reserves,
including their impacts on water quality and the abundance of
living marine resources; and therefore, the conferees expect
that a portion of the increase for the Marine Sanctuary
Program will be used for this study.
Other.--Within the amounts provided for geodesy, the
conference agreement includes $500,000 for continuation of
geodetic survey work as described in the Senate report, and
$1,000,000 for the National Height Modernization Study as
described in the House report with the results of this study
to be provided to the Committees no later than June 1, 1998.
National Marine Fisheries Service
The conference agreement includes a total of $346,235,000
for the National Marine Fisheries Service, instead of
$326,943,000 recommended by the House and $376,127,000
recommended by the Senate.
Resource Information.--The conference agreement provides
$99,300,000 for fisheries resource information. Within the
funds provided for resource information, the conference
agreement adopts the recommendation included in the Senate
report with respect to MARMAP. The conference agreement also
includes $1,500,000 under this line item for the Gulf of
Mexico Consortium included in the Senate report, while
funding for the Hawaii stock enhancement project is provided
for elsewhere in this account. In addition, $900,000 is for a
one-time study of potential new fisheries in the Chuckchi Sea
by the Bering Sea Fishermen's Association, $400,000 is for an
assessment of Atlantic herring and mackerel, $5,000,000 is
for continuation of the aquatic resources environmental
initiative, and $250,000 is for a one-time study by the
National Academy of Sciences of summer flounder. Also
included is $3,800,000 for a study on the effect of
intentional encirclement on dolphins and dolphin stocks in
the eastern tropical Pacific Ocean purse seine fishery.
In addition, the conferees concur in the House and Senate
direction regarding the accuracy and effectiveness of data
collection efforts by NMFS. Within the total amount provided
for Resource Information, the conferees have provided
$1,250,000 only for the
[[Page H10852]]
Gulf and South Atlantic Fisheries Development Foundation
(Foundation) to develop and administer a comprehensive
program for data collection and analyses on the shrimp
fishing effort in the Gulf of Mexico and South Atlantic, and
to convene a working group to establish parameters for the
Gulf of Mexico and South Atlantic red snapper stock
assessment, including an analysis and assessment of red
snapper mortality and fisheries impact resulting from
discards by commercial and recreational fishermen due to
regulatory requirements. This working group shall include a
representative from NMFS, the Gulf of Mexico Fisheries
Management Council (Council), and the Gulf States Marine
Fisheries Commission (Commission) and shall provide for fair
representation of the commercial and recreational red snapper
industry, academia, State agencies, and other affected
fisheries. The Foundation shall report its findings and
recommendations to the House and Senate Committees on
Appropriations and to NMFS within 180 days of enactment of
this Act.
In addition, within the amounts included for Resource
Information, the conferees have provided $750,000 only for
the Gulf States Marine Fisheries Commission to enhance the
current recreational data collection program in the fisheries
information network for the Gulf of Mexico. This funding is
in addition to funding provided under the RECFIN program. The
Commission, in consultation with the States, the
Council, NMFS, the Foundation, and affected interest
groups shall develop and implement this data collection
program and complete a transition that will commence a
cooperative program with all the Gulf States. The
Commission shall provide a report back to the Committees
on Appropriations by April 1, 1998 on the roles of the
respective partners in the cooperative system and the cost
of transitioning to a new system of data collection,
analysis and access. The conferees direct that these
Foundation and Commission data collection and analyses
efforts not be duplicated within NMFS or the Council.
The conference agreement also provides funds for right
whale research, including gear modification research; MARFIN,
including expansion of the program to the New England States;
and Alaskan groundfish surveys, including calibration
studies.
Steller Sea Lion Recovery Plans.--The conference agreement
includes $2,770,000 for this activity, including $1,000,000
for a one-time support for the National Fish and Wildlife
Foundation for research at the Alaska SeaLife Center, with
the remaining funds to be allocated per the distribution in
the Senate report for work by the State of Alaska and the
North Pacific Universities Marine Mammal Consortium.
Fishery Industry Information.--Within the funds provided
for Fishery Industry Information, the conference agreement
provides $3,900,000 for recreational fishery harvest
monitoring to be expended in accordance with the direction
included in the Senate report. In addition, the conferees
have provided funding under this activity for the Pacific
Fisheries Information Network, a portion of which is for the
Alaska Fisheries Information Network as recommended in the
House and Senate reports.
Fisheries Management Programs.--The conference agreement
includes $27,250,000 for this activity, including continued
funding for the Alaska Harbor Seal Commission at the fiscal
year 1997 level, and $350,000 to continue ongoing sea turtle
recovery efforts at Rancho Nuevo and loggerhead nesting and
research programs as described in the House report. In
addition, within these amounts, $450,000 is for the Atlantic
salmon recovery plan, $1,500,000 is for chinook salmon
management, and $150,000 is for the State of Maine Atlantic
salmon recovery plan.
Regional Councils.--The conference agreement includes
$11,900,000 for this activity. The conferees direct NMFS and
the Mid-Atlantic Fishery Management Council to provide the
necessary resources to enable the State of North Carolina to
become a full participant in the Council in accordance with
section 107 of the Magnuson-Stevens Act.
Protected Species Management.--Within the funds provided
for protected species management, $500,000 is for a study of
the impacts of California sea lions and harbor seals on
salmonids and the West Coast ecosystem.
Interstate Fish Commissions.--The conference agreement
includes $6,750,000 for this activity, of which $750,000 is
to be equally divided among the three commissions, and
$6,000,000 is for implementation of the Atlantic Coastal
Fisheries Cooperative Management Act.
Sea Turtle Protection.--The conferees concur in the House
direction regarding sea turtle protection, recovery efforts
and the prohibition on developing or implementing any new or
revised biological opinions regarding shrimp fishing and
turtle interaction until the Secretary of Commerce
establishes a shrimp-turtle panel to develop such biological
opinions. However, the conferees direct the Secretary to
submit an implementation plan regarding the House direction
on the shrimp-turtle panel and the establishment of a
standardized statistical sea turtle stranding network no
later than 30 days after enactment of this Act.
Bycatch Reduction.--The conferees also direct the Secretary
of Commerce to comply with the direction provided in the
House report regarding the implementation of an independent
working group as recommended by industry to NMFS. The
Secretary is directed to report back to the Committees on
Appropriations, no later than December 1, 1997, as to the
establishment of the independent working group. The conferees
direct the Department of Commerce and NMFS not to implement
or enforce any measure that would increase the minimum size
for red snapper caught in the Gulf of Mexico to over 15
inches. The conferees are also concerned that the Gulf of
Mexico Fishery Management Council's scientific and
statistical committee lacks adequate representation of
individuals with degrees in statistics and that the current
demographic and industry representation on the reef fish and
red snapper advisory panels is not balanced. The conferees
expect NMFS to remedy this situation and report back to the
Committees on Appropriations on their actions to correct this
situation.
Other.--In addition, within the funds available for the
Saltonstall-Kennedy grants program, the conferees direct that
$150,000 be provided to the Alaska Fisheries Development
Foundation to be used in accordance with the direction
included in the Senate report, and funds be provided pursuant
to the direction included in the House to support ongoing
efforts related to Vibrio vulnificus.
Further, the conferees intend that funds for the Hawaii
stock management plan and the Hawaii fisheries development
project continue to be administered by the Oceanic Institute.
In addition, the conference agreement transfers the following
amounts from NMFS to NOS to reflect the transfer of
management and operation of the Charleston laboratory:
$4,100,000 from the Product Quality and Safety/Seafood
Inspection line item; $410,000 from the Fisheries Cooperative
Institute line item; and $1,900,000 from the Marine
Biotechnology line item.
Oceanic and Atmospheric Research
The conference agreement includes a total of $277,741,000
for Oceanic and Atmospheric Research activities, instead of
$237,463,000 as recommended by the House and $271,648,000 as
recommended by the Senate.
Interannual and Seasonal Climate Research.--The conferees
have provided $12,900,000 for interannual and seasonal
climate research under the structure proposed by the Senate,
including $4,900,000 to operationalize the El Nino observing
array (TOGA-TOW), as requested in the budget.
Climate and Global Change Research.--The conference
agreement includes $60,000,000 for the Climate and Global
Change research program, an increase of $4,900,000 above the
amounts provided in fiscal year 1997. Within the overall
amounts provided, the conferees have provided the full
request of $7,250,000 for the International Research
Institute and related regional application centers, a
$2,000,000 increase over the fiscal year 1997 level. The
conferees expect OAR to use the full $2,900,000 additional
increase for activities directly related to El Nino,
including additional support for the regional applications
centers as well as to develop a national applications program
to improve U.S. seasonal and interannual climate forecasts.
Long-term Climate and Air Quality Research.--The conferees
have provided the full request of $29,402,000 for this
activity, including requested increases for the Health of the
Atmosphere program.
Atmospheric Programs.--The conference agreement provides
$37,413,000 for this activity in accordance with the
direction provided in the Senate report.
Marine Prediction Research.--The conference agreement
includes $22,976,000 for marine prediction research. Within
this amount, the Arctic Research Initiative is to be funded
as directed in the House report, and the Open Ocean
Aquaculture Initiative is to be funded in accordance with the
Senate report. In addition, $2,300,000 is provided for
tsunami mitigation; $150,000 is for the Lake Champlain study;
$2,200,000 is for the VENTS program; $4,000,000 to continue
an initiative for the aquatic ecosystems, water quality,
atmospheric research, and facilities construction at the
Canaan Valley Institute; and $1,500,000 is for implementation
of the National Invasive Species Act, of which $500,000 is
for the Chesapeake Bay Ballast Demonstration as directed in
the Senate report.
GLERL.--Within the $6,000,000 provided for the Great Lakes
Environmental Research Laboratory, the conferees expect NOAA
to continue its support for the Great Lakes nearshore
research and GLERL zebra mussel research programs.
Sea Grant.--The conferees have included $56,000,000 for the
National Sea Grant program, and expect NOAA to continue to
fund the existing oyster disease research and zebra mussel
research programs within these amounts. Of the amounts
provided, $1,000,000 is for the Gulf of Mexico Oyster Disease
Initiative.
National Undersea Research Program (NURP).--The conference
agreement provides $15,500,000 for the NURP, of which
$1,500,000 is for the JASON Foundation for Education to
develop and implement a program, in collaboration with NOAA,
that will translate data from several independently supported
oceanographic and underwater research sites in the United
States to students and teachers throughout the nation and
abroad as part of the 1998 International Year of the Ocean.
Further, as part of the 1998 International Year of the Ocean,
the conferees have also provided $500,000 to help finalize
work on the Odyssey Maritime Center which will provide
educational and research activities related to the oceans. Of
the remaining $13,500,000, the conferees expect the funds to
be distributed to the existing nationwide undersea research
centers. The conferees direct that not
[[Page H10853]]
less than $5,000,000 of these funds should be made available
to West Coast NURP centers, including the Hawaii and Pacific
Center and the West Coast and Polar Regions Center, and not
more than $1,000,000 shall be used for NOAA administrative
costs and the intramural research.
National Weather Service
The conference agreement includes a total of $520,264,000
for the National Weather Service (NWS), instead of
$511,154,000 as proposed by the House, $525,964,000 as
proposed by the Senate, and $503,763,000 requested in the
budget. Further, an additional $132,781,000 is provided
within the new NOAA Procurement, Acquisition and Construction
account for NWS systems acquisition and related activities
which were previously funded under this heading in this
account. The conference agreement also provides $14,823,000
elsewhere in this account.
Local Warnings and Forecasts/Base Operations.--The amount
provided includes $324,000,000 for the base operations of the
National Weather Service, an increase of $10,200,000 above
the amount provided in the House bill, and $16,000,000 above
the request. Within these amounts, the conferees direct the
NWS to provide funding as directed in the House and Senate
reports to provide transmitters to address the concerns
regarding gaps in coverage provided by NOAA Weather Radio in
certain areas. In addition, within these amounts, the
conferees direct the NWS to continue operating and
maintaining all data buoys and coastal marine automated
network stations funded and supported by the NWS in fiscal
year 1997. The conferees are aware of the review conducted by
the Department recommending management and budget reforms at
the NWS. Due to the delay in completion of this review, which
was not provided to the Committees until October 23, 1997 the
conferees have not had sufficient opportunity to analyze the
results and recommendations. However, the conferees look
forward to working with NOAA and the Department to address
these issues and would be willing to entertain a
reprogramming of funds should additional resources be
required to implement these reforms in fiscal year 1998. In
addition, the conferees expect no action to be taken to
reorganize the NWS, including the regional structure, without
prior consultation with the Committees on Appropriations.
In addition, while the NWS no longer provides specialized
agriculture forecasts, the conferees expect the NWS to
cooperate with and provide its existing basic data and
information to the agricultural community, which includes
farmers, their trade associations, State agencies,
educational institutions and the U.S. Department of
Agriculture.
Within the amounts available to the National Weather
Service, the conferees direct that not less than $3,300,000
be provided to the Tropical Prediction Center (National
Hurricane Center), and not less than $3,000,000 be provided
to the Storm Prediction Center in fiscal year 1998.
In addition, the conferees are concerned about the radar
obstruction detected at the NEXRAD facility located at the
Jackson, Mississippi airport. The NWS is expected to receive
a report in November 1997 regarding actions needed to correct
this obstruction. Upon receipt of this report, the conferees
expect the NWS to take immediate action to mitigate the
NEXRAD blockage.
Modernization and Associated Restructuring Demonstration
Program (MARDI).--The conference agreement includes
$73,674,000 for MARDI, as provided in the House and Senate
bills, and the full amount requested. Reductions from the
fiscal year 1997 level reflect the non-recurrence of one-time
contract costs associated with the NOAA Weather Radio Console
Replacement system, as well as consolidation of field offices
in accordance with modernization plans. Within the amounts
for MARDI, full funding has been provided for the operational
costs associated with mitigation activities recommended in
the Secretary's report to the Congress on areas of concern
under the NWS modernization program.
National Environmental Satellite, Data and Information Service
The conference agreement includes $134,682,000 for NOAA's
satellite and data management programs. In addition, the
conference agreement includes $298,905,000 under the new NOAA
Procurement, Acquisition and Construction (PAC) account
for satellite systems acquisition and related activities
previously provided for under this heading within the ORF
account.
Environmental Data Management.--The conferees have included
$46,335,000 for EDMS activities. Under EDMS, the conference
agreement includes $2,500,000 for the Regional Climate
Centers, and adopts the Senate recommendation to transfer
this program from the National Weather Service to NESDIS.
Polar Convergence.--The conference agreement includes
$34,000,000 for the interagency program office to converge
the NOAA and Department of Defense (DOD) polar satellite
convergence programs. The conferees believe the
recommendation provides the necessary funding to ensure the
timely progression of the Polar convergence program. Within
the amounts provided for Polar convergence, the conferees
have included $3,000,000 to determine the feasibility of
collecting global wind weather data from the private sector.
The data should be of an accuracy and coverage that will
improve weather forecasts substantially, and should be
acquired by a technique that can be expanded to provide for
other data products of interest to NOAA. The conferees expect
NOAA to use the fiscal year 1998 funds as follows: at least
$2,000,000 to test the collection of wind data through
ground-based instrumentation similar to that used by
satellite systems; and to develop a proposal for the use of
such data provided by the private sector into NOAA services
and products; and to issue a request for proposals (RFP) to
provide the agency with wind data. The conferees anticipate
receiving NOAA's proposal for the use of this data not later
than April 30, 1998, and that the RFP will be issued by the
agency no later than May 15, 1998. No contract may be awarded
in fiscal year 1998 as a result of the request for proposals.
The conferees share the concerns expressed in the House
report regarding the achievement of cost savings from Polar
convergence. The conferees direct NOAA to follow the
direction in the House report regarding this matter.
Program Support
The conference agreement provides $66,214,000 for NOAA
program support, instead of $61,712,000 as recommended by the
House and $67,002,000 recommended by the Senate.
Fleet Planning and Maintenance
The conference agreement includes an appropriation of
$13,500,000 for this activity in the Operations, Research,
and Facilities (ORF) account, instead of $2,500,000 as
included in the House bill within ORF, and $15,823,000
included in the Senate bill under a separate Fleet
Modernization, Shipbuilding, and Conversion account. The
conference agreement includes $4,000,000 for modernization of
the RELENTLESS as proposed in the Senate bill. The conference
agreement does not provide $1,500,000 requested in the budget
for additional equipment to modernize hydrographic vessels.
This matter is discussed further elsewhere in this account.
In addition, further guidance regarding this account is
included under section 612 of this Act.
Facilities
The conference agreement includes $11,265,000 for
facilities maintenance, lease costs, and environmental
compliance, instead of $11,950,000 included in the House
bill, and $10,015,000 included in the Senate bill under a
separate Construction account. Of the amounts provided:
$1,800,000 is for NOAA facilities maintenance, $2,000,000 is
for the lease costs of the Sandy Hook facilities, $2,000,000
is for environmental compliance activities, $1,000,000 is for
Weather Forecast Office maintenance, and $4,465,000 is for
Columbia River facilities maintenance.
Procurement, Acquisition and Construction
(including transfers of funds)
The conference agreement includes a total of $491,609,000
for a new Procurement, Acquisition and Construction account.
This new account funds capital acquisition activities,
including systems acquisition and new construction,
previously funded within the NOAA Operations, Research, and
Facilities account and the Construction account. Language is
included in the bill to make the necessary technical changes
to reflect the establishment of this account. While the
conferees have adopted this new budget structure, the
conferees have done so expecting NOAA, the Department of
Commerce, and the Office of Management and Budget to continue
to utilize funding available within all NOAA accounts,
including capital investment items, for reprogrammings and
transfers to deal with changing operational and programmatic
requirements of NOAA. The following distribution reflects the
fiscal year 1998 funding provided for activities within this
account:
Systems Acquisition:
AWIPS....................................................$116,910,000
ASOS........................................................4,494,000
NEXRAD......................................................6,377,000
Computer Facilities Upgrades................................5,000,000
Polar Spacecraft and Launching.............................82,905,000
Geostationary Spacecraft and Launching....................216,000,000
________________
Subtotal, Systems Acquisition...........................431,686,000
================
Construction:
Boulder Lab Above Standard Costs............................2,900,000
WFO Construction...........................................13,823,000
Santa Cruz Fisheries Lab...................................15,200,000
NERRS Construction..........................................8,000,000
Honolulu Fisheries Lab......................................2,000,000
Gulf Coast Lab..............................................5,000,000
Alaska Facilities...........................................8,000,000
Pribilof Island Cleanup.....................................5,000,000
________________
Subtotal, Construction...................................59,923,000
================
Systems Acquisition.--The conference agreement provides the
full amount requested for AWIPS acquisition. Language is
included, slightly modified from the House bill, designating
the amounts available under this account for AWIPS, and
making the availability of these funds contingent upon
certification by the Secretary of Commerce that the overall
program costs will not exceed $550,000,000. The conferees
expect NOAA to follow the direction included in the House
report regarding consultation with the Committees.
[[Page H10854]]
Of the amount provided under this account for NEXRAD,
$4,377,000 is provided for continued acquisition activities
associated with the three additional NEXRAD systems as
described in the House report, and $2,000,000 is for planned
product improvements. While the conferees appreciate the need
to ensure upgrades and improvements in the modernized weather
system, the first priority must be to provide the resources
and attention necessary to first complete the original
modernization as planned.
Construction.--The conference agreement includes $2,900,000
for above standard costs for the Boulder Laboratory, an
increase above the request to cover additional unanticipated
costs associated with completion of this facility, including
soil mitigation and access road improvements. The conference
agreement also includes $15,200,000 for the Santa Cruz
Laboratory, in accordance with the direction included in the
House report regarding submission of a spending plan and
overall costs for completion of this facility.
Of the amounts provided for National Estuarine Research
Reserve construction, $2,000,000 is included for the ACE
Basin Reserve as recommended in the Senate report.
The conference agreement includes $8,000,000 for Alaska
facilities construction related to fisheries laboratory
requirements, and includes bill language providing for the
transfer of land related to construction of the Juneau
laboratory.
Coastal Zone Management Fund
The conference agreement includes an appropriation of
$7,800,000, as provided in both the House and Senate bills,
from the Coastal Zone Management Fund. The conference
agreement allocates these funds as follows: $4,500,000 for
program administration and $3,300,000 for the National
Estuarine Research Reserve Program. These amounts are
reflected under the National Ocean Service within the
Operations, Research, and Facilities account.
Construction
The conference agreement does not include funding under a
separate Construction account, reflecting the adoption of a
new NOAA account structure as recommended in the House bill.
A total of $71,188,000 is provided within the NOAA ORF
account and the new NOAA PAC account for activities
previously funded in this account. The Senate bill included
$88,000,000 under a separate Construction account.
Fleet Modernization, Shipbuilding and Conversion
The conference agreement does not include funding under a
separate Fleet Modernization, Shipbuilding and Conversion
account, reflecting the adoption of a new NOAA account
structure as recommended in the House bill, and instead
includes $13,500,000 for this purpose within the NOAA ORF
account. The Senate bill included $15,823,000 under a
separate Fleet Modernization, Shipbuilding and Conversion
account.
Fishing Vessel and Gear Damage Compensation Fund
The conference agreement does not include funding for this
account, as recommended in the House bill and proposed in the
budget. The Senate bill provided $200,000 for this account.
Fishermen's Contingency Fund
The conference agreement includes $953,000 for the
Fishermen's Contingency Fund, as provided in both the House
and Senate bills.
Foreign Fishing Observer Fund
The conference agreement includes $189,000 for the expenses
related to the Foreign Fishing Observer Fund, as provided in
both the House and Senate bills.
Fisheries Finance Program Account
The conference agreement provides $338,000 in subsidy
amounts for Fisheries Finance Program Account, the same total
amount proposed in the Senate bill, instead of $250,000
recommended in the House bill. The conference agreement
reflects changes made to this account in the Magnuson-Stevens
Act which converted this account from a guaranteed loan
program to a direct loan program, as proposed in the House
bill. In addition, the conference agreement renames this
account, previously referred to as the Fishing Vessel
Obligations Guarantees account, to reflect such changes.
General Administration
salaries and expenses
The conference agreement includes $27,490,000 for the
general administration of the Commerce Department, instead of
$28,490,000 as proposed in the Senate bill and $26,490,000 as
proposed in the House bill, and a reduction of $2,595,000
from the request. The conference recommendation assumes
savings as a result of personnel reductions in fiscal year
1997 and other administrative reforms. Should additional
funds be required to avoid adverse personnel actions or to
improve management and oversight functions at the Department,
the conferees would be willing to consider a transfer in
accordance with section 605 of this Act.
Office of Inspector General
The conference agreement includes $20,140,000 for the
Commerce Department Inspector General, as proposed in both
the House and Senate bills.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
(Rescission)
The conference agreement includes a rescission of
$20,500,000 from prior year unobligated balances in NOAA
satellite programs, due to lower than expected program needs
in fiscal year 1997. The House bill rescinded $5,000,000 from
these satellite procurement balances, while the Senate bill
contained no rescission. This rescission reduces the amount
of unobligated balances that would be transferred to the new
``Procurement, Acquisition, and Construction'' appropriations
account.
United States Travel and Tourism Administration
Salaries and Expenses
(rescission)
The conference agreement includes a rescission of
$3,000,000 in unobligated balances from the U.S. Travel and
Tourism Administration (USTTA). These funds are derived from
excess funds provided for closeout costs for USTTA, which was
eliminated in fiscal year 1996.
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
The conference agreement includes the following general
provisions for the Department of Commerce:
Section 201.--The conference agreement includes section
201, included in both the House and Senate versions of the
bill, regarding certifications of advanced payments.
Sec. 202.--The conference agreement includes section 202,
identical in both the House and Senate versions of the bill,
allowing funds to be used for hire of passenger motor
vehicles.
Sec. 203.--The conference agreement includes section 203,
identical in both the House and Senate versions of the bills,
prohibiting reimbursement to the Air Force for hurricane
reconnaissance planes.
Sec. 204.--The conference agreement includes section 204,
identical in both the House and Senate versions of the bill,
prohibiting funds from being used to reimburse the
Unemployment Trust Fund for temporary census workers.
Sec. 205.--The conference agreement includes section 205,
identical in both the House and Senate versions of the bill,
regarding transfer authority between Commerce Department
appropriation accounts.
Sec. 206.--The conference agreement includes section 206,
providing for the notification of the House and Senate
Committees on Appropriations of a plan for transferring funds
to appropriate successor organizations within 90 days of
enactment of any legislation dismantling or reorganizing the
Department of Commerce, as proposed in the House and Senate
bills, with a modification to include any reorganizations or
changes affecting any portion of the Department.
Sec. 207.--The conference agreement includes section 207,
similar to provisions included in the House and Senate bills,
requiring that any costs related to personnel actions
incurred by a Department or agency funded in title II of the
accompanying Act, be absorbed within the total budgetary
resources available to such Department or agency, with a
modification to include the care of loan collateral and
grants protection.
Sec. 208.--The conference agreement includes section 208,
as proposed in the House and in the Senate bill as section
209, allowing the Secretary to award contracts for certain
mapping and charting activities in accordance with the
Federal Property and Administrative Services Act.
Sec. 209.--The conference agreement includes new language,
not included in either the House or Senate bills, regarding
the conduct of the 2000 decennial census.
Sec. 210.--The conference agreement includes new language,
not included in either the House or Senate bills,
establishing the Census Monitoring Board.
Sec. 211.--The conference agreement includes section 211,
as proposed in the Senate bill, amending 22 U.S.C. 401 and 28
U.S.C. 524 to provide the Secretary of Commerce assets
seizure, forfeiture, and disposal authority. The House bill
did not address this matter.
Sec. 212.--The conference agreement includes section 212,
modified from the Senate bill, allowing for the transfer of
funds previously awarded by the Economic Development
Administration, and extending the availability of funds
provided in certain instances to remain available until
expended. The House bill contained no similar provision.
The conference agreement does not include a provision
included in the Senate bill modifying the designation of a
Metropolitan Statistical Area. In addition, the conference
agreement does not include a provision included in the Senate
bill making additional funds available for the NTIA
Information Infrastructure Grants program by offsetting
reductions in other accounts in title II. These matters are
addressed elsewhere in title II. Further, the conference
agreement does not include a ``Sense of the Senate''
provision regarding the fraudulent transfer of presubscribed
telephone customers.
The conference agreement includes a technical citation for
this title, as proposed in the Senate bill.
TITLE III--THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
The conference agreement includes $29,245,000 for the
salaries and expenses of the Supreme Court, instead of
$29,278,000 as provided in the House bill and $28,903,000 as
provided in the Senate bill. In addition, $33,000 for this
account is made available under section 306 in connection
with the cost of living increase for federal judges.
[[Page H10855]]
Full funding is provided to improve police radio system
area coverage. The Marshal's Office shall deliver to the
Appropriations Committees the assessment of needs for
enhancing the system as soon as it is received from the radio
contractor. Additionally, a report shall be provided not
later than March 1, 1998 on the compatibility of the upgraded
Supreme Court radio system with the radio systems of the
District of Columbia police, fire, and emergency services,
Capitol and other federal police, and state and local police.
CARE OF THE BUILDING AND GROUNDS
The conference agreement includes $3,400,000 for the
Supreme Court Care of the Building and Grounds account, as
provided in the House bill, instead of $6,170,000 as provided
in the Senate bill. Within the amount provided, the
conference agreement includes the requested amounts for
elevator renovation and ADA requirements, $75,000 for
miscellaneous improvements (including a study to replace/
retrofit 13.2 kilovolt switchgear and cables), and $600,000
for capital improvements, including the requested amounts for
the schematic design of building improvements and utility
systems upgrade, the emergency electrical distribution
system, and fire pump electric feeders upgrade, and $225,000
for the fire alarm systems upgrade.
The conference agreement allows $485,000 of this
appropriation to remain available until expended, compared
with $410,000 in the House bill and $3,620,000 in the Senate
bill.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The conference agreement includes $15,575,000 for the U.S.
Court of Appeals for the Federal Circuit, instead of
$15,507,000 as provided in the House bill and $15,796,000 as
provided in the Senate bill. In addition, $42,000 for this
account is made available under section 306 in connection
with the cost of living increase for federal judges. The
total amount available of $15,617,000 is sufficient to fund
current service requirements but does not include funding for
the additional positions requested in the budget.
United States Court of International Trade
SALARIES AND EXPENSES
The conference agreement includes $11,449,000 for the U.S.
Court of International Trade, instead of $11,478,000 as
provided in both the House and Senate bills. An additional
$29,000 for this account is made available under section 306
in connection with the cost of living increase for federal
judges.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The conference agreement provides $2,682,400,000 for the
salaries and expenses of the federal judiciary, instead of
$2,687,069,000 as provided in the House bill
and $2,789,777,000 as provided in the Senate bill. An
additional $4,896,000 for this account is made available
under section 306 in connection with the cost of living
increase for federal judges.
Including amounts provided under the Violent Crime
Reduction Trust Fund, addressed below, and section 306, the
total amount available in this conference agreement for the
salaries and expenses of the courts is $2,727,296,000,
instead of $2,727,069,000 as provided in the House bill and
$2,789,777,000 as provided in the Senate bill.
In addition to these appropriated resources, there is
likely to be available at least $156,807,000 in fee carryover
from prior years, $135,185,000 in current year fees,
$11,727,000 and $51,046,000 in appropriations carryover.
Within the overall funding available for fiscal year 1998,
the conferees expect the judiciary to fund its highest
program priorities, including additional magistrate judges,
bankruptcy clerks, and probation and pretrial services. The
conferees are aware of the judiciary's proposal to increase
funding for electronic courtroom technologies, and expect to
be kept apprised of plans to carry this proposal out. The
conferees agree that the language in the House report
relating to optimal utilization of judicial resources is to
be followed.
The conference agreement provides that within the total
provided, $900,000 shall be transferred to the Commission on
Structural Alternatives for the Federal Courts of Appeals,
which is provided for under section 305. The conference
agreement includes a change in the heading of this account to
indicate that this account contains a transfer of funds. The
House and Senate bills did not contain a provision on this
matter.
The conference agreement permits $13,454,000 for space
alteration projects to remain available until expended, as
provided in the House bill, instead of $16,530,000 as
provided in the Senate bill.
The conference agreement also appropriates $2,450,000 from
the Vaccine Injury Compensation Trust Fund for expenses
associated with the National Childhood Vaccine Injury Act of
1986, as provided in both the House and Senate bills.
Violent crime reduction trust fund.--The conference
agreement includes an appropriation of $40,000,000 from the
Violent Crime Reduction Trust Fund, as provided in the House
bill, instead of no funds as provided in the Senate bill. The
conferees intend that these funds be used to offset workload
requirements of the federal judiciary related to the Violent
Crime Control and Law Enforcement Act of 1994 and the Anti-
Terrorism and Effective Death Penalty Act of 1996.
DEFENDER SERVICES
The conferees have included $329,529,000 for the federal
judiciary's Defender Services account, as provided in the
House bill, instead of $308,000,000 as provided in the Senate
bill. The conferees do not assume use of any prior year fee
carryover in this account, as had been assumed in the Senate
bill. If additional funds are required, funding provided for
the Violent Crime Reduction Trust Fund and fee carryover
under the Salaries and Expenses account is available by
transfer.
The conference agreement does not include a provision that
was included in the Senate bill to cap the annual incremental
cost of each capital representation at $63,000 and to require
that any costs in excess of that amount be paid equally out
of funds appropriated or otherwise made available to the
administrative units supporting the prosecutor and presiding
judge. However, the conferees restate the concerns expressed
in both the House and Senate reports concerning the rapidly
rising costs in the program, including the average cost of
capital representations. In response to these concerns, and
at the request of the Committees, the Administrative Office
of the Courts, has commenced a study to identify the reasons
for the rapidly increasing costs within this account and to
provide recommendations to control these costs. This should
include recommendations with respect to best practices to
help develop and disseminate guidelines focused on case cost
containment. This report, to be developed and carried out in
consultation with the General Accounting Office, is due to
Congress by February 2, 1998.
Because the costs of the existing program have been rising
so rapidly, and the possibility that funding requirements in
fiscal year 1998 will exceed the budget request by a
significant amount, the conferees have not provided for
increases in the rate for panel attorneys or other program
increases.
FEES OF JURORS AND COMMISSIONERS
The conference agreement includes $64,438,000 for Fees of
Jurors and Commissioners, instead of $66,196,000 as proposed
in the House bill and $68,252,000 as proposed in the Senate
bill. The amount provided reflects the latest estimate from
the judiciary of the requirements for this account.
COURT SECURITY
The conference agreement includes $167,214,000 for the
federal judiciary's Court Security account as proposed by the
House instead of $167,883,000 as proposed by the Senate. In
addition, the conference agreement permits up to $10,000,000
of the total to remain available until expended as proposed
in the Senate bill, and no extended availability as
proposed in the House bill. The funding provided in the
conference agreement, which is a large increase over the
amount provided in fiscal year 1997, is intended to fully
fund the personnel and equipment necessary to bring court
security up to applicable security standards, as
requested, and should these funds not be sufficient, the
judiciary and the Marshals Service will be expected to
absorb any additional costs from within their budgets.
Administrative Office of the United States Courts
salaries and expenses
The conference agreement includes $52,000,000 for the
Administrative Office of the United States Courts, as
proposed by the House, instead of $53,843,000 as proposed by
the Senate. This level of funding will provide a portion of
the additional staff requested in the budget. The conferees
expect the additional staff to be used for strengthening the
Administrative Office's capability to manage and oversee the
Defender Services and Court Security budgets and for
automation support staff, as provided in both the House and
Senate reports. The conferees assume that non-appropriated
funds of $37,169,000 will be available for the operations of
the Administrative Office.
Federal Judicial Center
salaries and expenses
The conference agreement includes $17,495,000 for the
fiscal year 1998 salaries and expenses of the Federal
Judicial Center, as proposed in both the House and Senate
bills.
Judicial Retirement Funds
payment to the judiciary trust funds
The conference agreement includes $34,200,000 for payment
to the various Judicial retirement funds as provided in both
the House and Senate bills.
United States Sentencing Commission
salaries and expenses
The conferees have included $9,240,000 for the U.S.
Sentencing Commission, instead of $9,000,000 as provided in
the House bill, and $9,480,000 as provided in the Senate
bill. No funding is provided for public service
announcements, because of the availability of substantial
funding for these announcements within the Office of National
Drug Control Policy.
General Provisions--The Judiciary
Section 301.--The conference agreement includes section 301
as provided in both the House and Senate bills allowing
appropriations to be used for services as authorized by 5
U.S.C. 3109.
Sec. 302.--The conference agreement includes section 302,
included in both the House and Senate bills, providing the
Judiciary with the authority to transfer funds between
appropriations accounts.
[[Page H10856]]
Sec. 303.--The conference agreement includes section 303,
identical in both the House and Senate-reported versions of
the bill, allowing up to $10,000 of salaries and expenses
funds provided in this title to be used for official
reception and representation expenses of the Judicial
Conference of the United States.
Sec. 304.--The conference agreement includes section 304,
as proposed in the Senate bill, which provides a permanent
extension of the authority for the Judiciary Automation Fund.
The House bill did not include any provision on this matter.
Sec. 305.--The conference agreement includes section 305,
creating the Commission on Structural Alternatives for the
Federal Courts of Appeals. The functions of the Commission
are to study the present division of the United States into
the several judicial circuits; study the structure and
alignment of the Federal Court of Appeals system, with
particular reference to the Ninth Circuit, and to report to
the President and the Congress its recommendations for
changes in circuit boundaries or structures. The Commission
is to be made up of 5 members, to be appointed by the Chief
Justice of the Supreme Court. The Commission is to conduct
studies during the 10-month period beginning on the date on
which a quorum of the Commission is appointed, and within the
following 2-month period, submit its report to the President
and the Congress. Not to exceed $900,000 is authorized to be
appropriated for the Commission, to remain available until
expended. The House bill had no provision on this matter. The
Senate bill contained a provision that realigned the current
Ninth Circuit and established a new Twelfth Circuit.
Sec. 306.--The conference agreement includes section 306,
as proposed in the Senate bill, authorizing federal judges to
receive a salary adjustment, modified to include an
additional provision appropriating $5,000,000 for the cost of
the salary adjustment, to be transferred to and merged with
appropriations in this title. The House bill did not contain
a provision on this matter.
Sec. 307.--The conference agreement includes a provision
included in the Senate bill amending section 44(c) of title
28 of the U.S. Code to require that in each circuit, other
than the Federal Judicial Circuit, there shall be at least
one circuit judge appointed from each State in that circuit.
The House bill had no provision on this matter.
Sec. 308.--The conference agreement includes a provision
requiring public disclosure of court appointed attorney's
fees, unless the court finds that consideration of the
defendant's interests requires otherwise, as included in the
Senate bill as section 121, modified to make the provision
effective 60 days after enactment, apply to new cases, and
sunset in two years. The provision, as included in the Senate
bill, would have been effective immediately, would have
applied to all cases, and would have been permanent. The
House bill included no similar provision.
The conference agreement includes a short title for Title
III of this Act, as included in the Senate bill. The House
bill did not include a short title.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes a total of $1,730,000,000
for Diplomatic and Consular Programs. This amount includes: a
direct appropriation of $1,705,600,000, instead of
$1,706,577,000 as provided in the House bill and
$1,727,868,000 as provided in the Senate bill, including
$490,000 from the reserve fund for the International Center,
as provided in both the House and the Senate bills; $700,000
to be derived from registration fees, as provided in both the
House and the Senate bills; and $23,700,000, to remain
available until expended, for increased security overseas, as
provided in the House bill, to continue the antiterrorism
initiatives included in the fiscal year 1997 appropriations
Act.
The conference report specifies that in addition to funds
otherwise available, $24,856,000 shall be available for
operation of existing base services and $17,312,000, to
remain available until expended, for enhancement of the
Diplomatic Telecommunications Service. The House bill
contained a provision specifying these amounts, but did not
allow for other funds that might be available. The Senate
bill did not contain a provision on this matter.
The conference report also includes a provision permitting
the transfer of up to $4,000,000 to the Emergencies in the
Diplomatic and Consular Service account for emergency
evacuations and terrorism rewards, as provided in the Senate
bill. The House did not have a provision on this matter.
The conference report also includes a provision to collect
and deposit as an offsetting collection to this account
Machine Readable Visa fees in fiscal years 1998 and 1999 to
recover authorized costs. The Senate bill included a similar
provision but would have made it permanent. The House bill
included a provision allowing deposit of MRV fees as an
offsetting collection to this account in fiscal year 1998.
The conference report does not include a provision making
not to exceed $125,000 of the funds under this heading
available for the Maui Pacific Center, as proposed in the
Senate bill. The House bill did not contain a provision on
this matter.
The conferees agree that the language in both the House and
Senate reports under this heading is to be followed in
expending fiscal year 1998 funds, with the following
exceptions and additions.
The conferees endorse a modified plan for orphan adoptions
in the Russian Far East proposed by the State Department in
response to language in the Senate report. Consular officers
in Vladivostok will forward approved immigrant visa
applications to Moscow by courier for final processing. Final
processing and return of immigrant visas to Vladivostok will
occur within the 10-day waiting period after final adoption
hearings. The State Department shall report back to the
Appropriations Committees on the implementation of the
proposed new adoption procedures not later than December 31,
1997.
The conferees understand that the State Department has been
reimbursing some, but not all, U.S. Bering Straits
commissioners. The conferees direct the State Department to
compensate all U.S. members of the Bering Straits Commission
for costs associated with official duties. The conferees
direct the State Department to provide the Appropriations
Committees with an estimate of commissioner compensation
in fiscal year 1998 not later than December 31, 1997.
The conferees are concerned over the situation in the
Republic of Albania, specifically, reports that the new
Socialist government is engaging in politically motivated
purges of civil servants and allegations of repression of
certain members of the opposition. As such, the conferees
direct the State Department to maintain vigorous scrutiny of
the human rights performance of the new government,
particularly with respect to treatment of opposition
political parties, and the exercise of freedom of the media
and freedom of Assembly. The conferees further direct the
State Department to report back to the Congress on these
issues within 180 days of enactment of the bill.
The State Department previously has been requested by the
conferees to ensure that a senior officer of the U.S. &
Foreign Commercial Service (US&FCS) was nominated to be an
ambassador. The conferees continue to recognize the
professionalism and foreign policy expertise of the US&FCS
officer corps and believe that such an action is long
overdue. Accordingly, the conferees expect the Department of
State to select and nominate a US&FCS foreign service officer
to be an ambassador by May 1, 1998.
SALARIES AND EXPENSES
The conference agreement includes a total of $363,513,000
for Salaries and Expenses, as proposed in both the House and
Senate bills. The conference agreement does not include a
provision, as proposed in the House bill, to withhold
$7,270,260 from obligation until the Secretary designates
foreign terrorist organizations as required by the
Antiterrorism and Death Penalty Act of 1996. The conferees
are aware that the Secretary has made such designation and
submitted it to Congress. The Senate bill did not contain a
provision on this matter.
The conferees adopt by reference the provisions of both the
House and the Senate reports under this heading.
The Department of State, in consultation with the Bureau of
Alcohol, Tobacco, and Firearms, and the Federal Bureau of
Investigation, is directed to prepare a report on the
implementation of 22 U.S.C. 2778(b)(1)(B) to the
Appropriations Committees of both the House and the Senate,
to include the following:
(1) the number of applications processed and approved in
the last 5 years;
(2) the articles that were approved for importation as of
the date of the report;
(3) the number of applications disapproved and the reasons
for such disapprovals;
(4) an estimate of the number and the specific model of
firearms, based upon current survey information from overseas
missions, available for importation from non-proscribed
countries; and
(5) a detailed explanation of the process by which an M-1
carbine can be converted into an illegal machine gun under
the National Firearms Act or assault weapon, as defined in 18
U.S.C. 921(a)(30).
CAPITAL INVESTMENT FUND
The conference agreement includes $86,000,000 for the
Capital Investment Fund, instead of $50,600,000 as proposed
in the House bill, and $105,000,000 as proposed in the Senate
bill. The conferees adopt by reference the provisions of both
the House and the Senate reports under this heading.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $27,495,000 for the
Office of Inspector General, which has jurisdiction over the
Department of State, the United States Information Agency,
and the Arms Control and Disarmament Agency, as proposed in
the Senate bill, instead of $28,300,000 as proposed in the
House bill.
REPRESENTATION ALLOWANCES
The conference agreement includes $4,200,000 for
Representation Allowances, instead of $4,300,000 as proposed
in the House bill and $4,100,000 as proposed in the Senate
bill.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement includes $7,900,000 for Protection
of Foreign Missions and Officials, as provided in both the
House and the Senate bills.
[[Page H10857]]
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
The conference agreement includes $404,000,000 for this
account, instead of $373,081,000 as proposed by the House,
and $420,281,000 as proposed by the Senate.
The conference agreement includes $9,500,000 for
architectural and engineering plans for an embassy in
Jerusalem.
The conference agreement also provides an additional
$19,600,000 for emergency rehabilitation and security
projects worldwide, to address a portion of the large backlog
in rehabilitation projects.
In addition, within the original budget request, the
conferees are aware of some slippage in the rehabilitation
projects that were submitted to Congress.
The conference report includes language to allow
preservation, maintenance, repair, and planning for buildings
that are owned or directly leased by the Department of State.
The conference report includes sufficient funding to permit
initiation of these activities. Up to this point, the
Department has not had any funds for capital maintenance of a
category of buildings, including its passport and regional
operations centers. The conferees are also aware the
Department is projecting a need for passport processing
capacity greater than available from current facilities,
including expansions already planned, and expect the
Department to commence planning for a facility to meet such a
need in a State previously designated for that purpose.
The conferees are in agreement with language in both the
House and Senate reports emphasizing the importance of
increased management and disposal of surplus properties to
fund new construction and real property acquisitions that are
not currently being directly funded under this account. The
conferees believe that the Department's budget presentation
should include a priority list of proposed uses of proceeds
from surplus property sales in addition to the anticipated
level of property disposal for the upcoming fiscal year, as
well as an accounting for the sale and use of proceeds for
the previous two years, in order to make information on the
operation of this program more available, in addition to the
quarterly reports the Department is currently providing.
emergencies in the diplomatic and consular service
The conference agreement includes $5,500,000 for
Emergencies in the Diplomatic and Consular Service account,
as provided in both the House and Senate bills.
repatriation loans program account
The conference agreement includes a total appropriation of
$1,200,000 for the Repatriation Loans Program account, as
provided in both the House and Senate bills.
payment to the american institute in taiwan
The conference agreement includes $14,000,000 for the
Payment to the American Institute in Taiwan account, as
proposed in the House bill, instead of $14,490,000 as
proposed in the Senate bill.
payment to the foreign service retirement and disability fund
The conference agreement includes $129,935,000 for the
Payment to the Foreign Service Retirement and Disability Fund
account, as provided in both the House and Senate bills.
International Organizations and Conferences
contributions to international organizations
The conference agreement includes $955,515,000 for
Contributions to International Organizations to pay the costs
assessed to the United States for membership in international
organizations, instead of $978,952,000 as proposed in the
House bill, and $957,009,000 as proposed in the Senate bill.
Within this amount, $54,000,000 is for payment of
arrearages, as proposed in both the House and Senate
bills, and not to exceed $12,000,000 is to be transferred
to the International Conferences and Contingencies account
for U.S. contributions to the Comprehensive Nuclear Test
Ban Treaty Preparatory Commission for certain defined
activities, instead of $4,000,000 for transfer to the ICC
account for new or provisional international
organizations, as proposed in the House bill, and
$10,000,000 for transfer to the ICC account for new or
provisional organizations and for travel expenses of
official delegates to international conferences, as
proposed in the Senate bill.
Within this amount, the conference agreement provides
$54,000,000 for payment of arrearages, as proposed in both
the House and Senate bill, contingent upon enactment of an
authorization act that makes payment of arrearages contingent
upon reforms that should include the following: a reduction
in the U.S. 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
U.S. to the U.N. ; certification that the U.N. and affiliates
have taken no action to infringe on U.S. sovereignty; a
ceiling on U.S. contributions to international organizations
in future years of $900,000,000; establishment of a merit-
based personnel system at the U.N.; U.S. membership on the
U.N. Budget Committee; GAO access to U.N. financial data;
negative growth budgets and independent inspectors general
for affiliated organizations; and improved consultation
procedures with Congress, as proposed in the House bill. The
Senate bill made payment of funds for this account, including
payment of arrearages owed to the U.N., contingent upon
enactment of the Foreign Affairs Reform and Restructuring Act
of 1997.
The conference agreement includes conditions relating to
payment of the current year assessment to the U.N., as
proposed in the House bill, as follows: 1) $100,000,000 may
be made available only on a semi-annual basis pursuant to a
certification that the U.N. has taken no action to cause it
to exceed the expected 1998-1999 budget of $2,533,000,000; 2)
20 percent of the assessed contribution to the U.N. may be
made only after a certification has been provided with
respect to the functions of the U.N.'s Inspector General--the
Office of International Oversight Services; and 3) none of
the funds can be used for the U.S. share of interest costs
for loans incurred after October 1, 1984 through external
borrowings. The Senate bill did not contain provisions on
these matters.
Current year assessments.--The amount provided in the
conference report is expected to be sufficient to fully fund
the current year assessments for U.S. membership in
international organizations. The latest estimate of the cost
of assessments provided by the Department of State to the
Committees indicates that the increased value of the dollar
in relation to other major currencies has lowered the
requirement for funding of this account by $53,368,000 below
the original budget request. In addition, at the end of
fiscal year 1997, $17,620,000 was transferred from the
Contributions to International Peacekeeping account to this
account to prepay a portion of the U.N. dues payable in
fiscal year 1998, and additional prepayments were made from
funds reserved for International Conferences and
Contingencies that would otherwise have lapsed. Finally,
approximately $4,600,000 of the amount requested for
assessments is not required to be paid out, because U.S.
membership in two new organizations has not been ratified,
the U.S. has announced its withdrawal from a small
organization paid for out of the Organization for Economic
Cooperation and Development assessment, and the
contribution to the Interparliamentary Union is to be
limited to $5,000 because that organization has not
resolved a disputed assessment increase. The conferees
agree that no funding is to be provided to the five
organizations for which funding was not provided in fiscal
years 1996 and 1997. To the extent that foreign currency
exchange rates change, the conferees expect that there are
sufficient mechanisms in place or pending in authorization
language to make up any difference or to assure that
excess funding does not lapse.
Transfer to International Conferences and Contingencies.--
Not to exceed $12,000,000 is to be transferred from the
Contributions to International Organizations account to the
International Conferences and Contingencies account for U.S.
contributions to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission. Transferred funds are to be obligated
and 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 international monitoring systems involved in
cooperative data sharing agreements with the United States as
of the date of enactment of this Act, until the U.S. Senate
ratifies the Comprehensive Nuclear Test Ban Treaty. If the
Treaty is ratified, then the limitation on what these funds
can be expended for would no longer be in effect.
The conferees adopt by reference the language in the House
report concerning the Framework Convention on Climate Change.
The conferees agree that no funding is provided for world-
wide conferences. The conferees understand that the United
States could lose its vote in some international
organizations due to arrears, such as the current situation
with the INRO. The conferees are agreed that the Department
of State should take action to maintain the U.S. Government's
vote in these organizations and should expeditiously submit a
reprogramming to pay off shortfalls, if necessary.
contributions for international peacekeeping activities
The conference agreement provides $256,000,000 for
Contributions for International Peacekeeping Activities,
instead of $261,000,000, as proposed in the House bill, and
$200,320,000 as proposed in the Senate bill.
The conference agreement includes $46,000,000 for payment
of arrearages, as included in both bills, and makes payment
of arrearages contingent upon enactment of an authorization
subject to the same conditions applicable to payment of
arrearages described under the previous account,
Contributions to International Organizations, as proposed in
the House bill. The Senate bill made payment of funds for
this account, including payment of arrearages owed to the
U.N., contingent upon enactment of the Foreign Affairs Reform
and Restructuring Act of 1997.
The conference agreement includes a provision that
prohibits obligation or expenditure of funds for new or
expanded U.N. peacekeeping missions unless, at least 15 days
prior to the Security Council vote, the 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 a
reprogramming of funds is submitted
[[Page H10858]]
setting forth the source of funds that will be used to pay
for the cost of the new or expanded mission. The Senate bill
did not contain a provision on this matter.
The conference agreement contains a provision requiring a
certification that American manufacturers and suppliers are
being given opportunities to provide equipment, services, and
material for U.N. peacekeeping activities equal to those
being given to foreign manufacturers and suppliers. The
Senate bill did not contain a provision on this matter.
The conferees adopt by reference language in the House
report requiring reprogramming requirements for certain
missions that may continue, but for which information has
either not been provided or is under consideration.
international conferences and contingencies
The conference agreement does not include funding for
International Conferences and Contingencies, as proposed in
the Senate bill, instead of $1,500,000 as proposed in the
House bill. The conference agreement includes the transfer of
up to $12,000,000 to this account for U.S. contributions to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, for specified activities.
International Commissions
international boundary and water commission, united states and mexico
salaries and expenses
The conference agreement includes $17,490,000 for Salaries
and Expenses of the International Boundary and Water
Commission (IBWC), as proposed in the House bill, instead of
$18,200,000 as proposed in the Senate bill.
The conference agreement provides that not to exceed $6,000
may be used by the Commission for representation expenses, as
proposed in the House bill, instead of $10,000 as proposed in
the Senate bill.
Construction
The conference agreement includes $6,463,000 for the
Construction account of the IBWC, as proposed in both the
House and Senate bills.
american sections, international commissions
The conference agreement includes $5,490,000 for the U.S.
share of expenses of the International Boundary Commission,
the International Joint Commission, United States and Canada,
and the Border Environment Cooperation Commission, as
provided in the House bill, instead of $5,010,000 as provided
in the Senate bill.
Within the total, $761,000 is provided for the
International Boundary Commission, United States and Canada,
as proposed in the House bill, instead of $785,000 as
proposed in the Senate bill; $3,189,000 is provided for the
International Joint Commission, instead of $3,128,000 as
proposed in the House bill and $3,225,000 as proposed in the
Senate bill; and $1,540,000 for the Border Environment
Cooperation Commission, instead of $1,601,000 as proposed in
the House bill, and $960,000 as proposed in the Senate bill.
No funds are provided for the Bering Straits Commission, as
proposed in the House bill, instead of $40,000 as proposed in
the Senate bill. This issue is addressed in the Statement of
Managers under the Diplomatic and Consular Programs heading.
The conference agreement provides $9,000 for representation
expenses, as proposed in the House bill, instead of $9,900 as
proposed in the Senate bill.
International Fisheries Commissions
The conference agreement includes $14,549,000 for the U.S.
share of the expenses of the International Fisheries
Commissions and related activities, as proposed in the Senate
bill, instead of $14,490,000 as proposed in the House bill.
Other
PAYMENT TO THE ASIA FOUNDATION
The conference agreement includes $8,000,000 for the
Payment to the Asia Foundation account, the amount provided
in the House bill, instead of $5,000,000, as provided in the
Senate bill.
RELATED AGENCIES
Arms Control and Disarmament Agency
ARMS CONTROL AND DISARMAMENT ACTIVITIES
The conference agreement includes $41,500,000 for the Arms
Control and Disarmament Agency (ACDA), as proposed in the
House bill, instead of $32,613,000 as proposed in the Senate
bill. Funds are provided for operating expenses of ACDA, with
the expectation that $1,000,000 will not be required for
operations and will be available for the Comprehensive Test
Ban Treaty Preparatory Commission. These funds are to be
expended subject to the same conditions as the funds provided
for this purpose under Contributions to International
Organizations for transfer to International Conferences and
Contingencies. The Agency is directed to provide a detailed
financial plan to the Committees within 30 days of enactment
of this Act, setting forth how these funds will be
distributed to fund basic operating expenses and the
Preparatory Commission. Funding for activities other than
basic operating expenses and the aforementioned amount for
CTBT that are identified in the financial plan will be
subject to section 605 of this Act. Any variation from the
plan that falls within the reprogramming criteria of section
605, including spending for activities that do not constitute
operating expenses, shall be subject to reprogramming. If the
Agency is contemplating changes to its financial plan, the
Agency is expected to consult with the Committees to
determine whether those changes fall within the reprogramming
criteria prior to undertaking such changes.
Arms Control and Disarmament Agency
ARMS CONTROL AND DISARMAMENT ACTIVITIES
(Rescission)
The conference agreement includes a rescission of $700,000
of no-year funds available to ACDA that were not expended as
of the end of fiscal year 1997. This rescission was not
included in either the House or Senate bills.
United States Information Agency
INTERNATIONAL INFORMATION PROGRAMS
The conference agreement includes $427,097,000 for
International Information Programs of the United States
Information Agency (USIA) as proposed in the Senate bill,
instead of $430,597,000, as proposed in the House bill. All
other bill language, which is identical in the House and
Senate bills, is included in the conference agreement, except
for one modification to assure that fees from educational
advising and counseling, and exchange visitor program
services may be credited to this appropriation in the absence
of an authorization. The conferees intend that the remaining
program direction included in both the House and Senate
reports be followed.
TECHNOLOGY FUND
The conference agreement includes $5,050,000 for the
Technology Fund, as proposed in the House bill, instead of
$10,000,000 as proposed in the Senate bill. The conferees
intend that the program direction included in the House
Report be followed.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes $197,731,000 for
Educational and Cultural Exchange Programs, instead of
$193,731,000 as proposed in the House bill, and instead of
$200,000,000 as proposed in the Senate bill. The conference
agreement also provides that not to exceed $800,000 may be
credited to this appropriation from fees and other payments.
The conference agreement includes bill language which ensures
that fees from educational advising and counseling may be
credited to this appropriation in the absence of an
authorization.
The conferees intend that within this amount, $94,236,000
shall be for Fulbright Academic Exchanges, and $103,495,000
shall be for other exchange programs and support. USIA shall
provide funds for the Mansfield Fellowships, the Irish
Management Center, and the U.S./Mexico Conflict Resolution
Center at the levels provided in the Senate report.
The conferees expect that a proposal for the distribution
of the available resources among exchange programs will be
submitted through the normal reprogramming process prior to
final decisions being made. This distribution should include
funding, to the maximum extent possible, for all programs
specifically mentioned in the House and Senate reports. In
addition, the conferees encourage USIA to consider proposals
to fund exchanges and exchange-related activities in support
of the Women's World Cup and the Vietnam Challenge multi-
sport event.
With respect to exchanges with the newly independent states
of the former Soviet Union, the conferees expect that funding
will be distributed equitably among high-school, college,
graduate, and post-graduate programs.
The conferees understand that USIA plans to open up the
administration of the Fulbright senior scholar program for
competition in 1998. The conferees encourage USIA to conduct
this and future competitions in such a way as to take maximum
advantage of the unique competitive strengths of eligible
exchange organizations that have expertise and experience in
specific regions of the world.
The conferees expect that USIA will ensure that Federal
funding for exchange programs will be used to support the
actual exchange of participants to the maximum extent
possible by cost-sharing with other governments, by entering
into partnerships with private organizations that make
available non-governmental resources, and by eliminating
funding of administrative costs that do not demonstrably
enhance the number or duration of exchanges.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
The conference agreement includes language as provided in
both the House and Senate bills, allowing all interest and
earnings accruing to the Trust Fund in fiscal year 1998 to be
used for necessary expenses of the Eisenhower Exchange
Fellowships.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The conference agreement includes language as provided in
both the House and Senate bills, allowing all interest and
earnings accruing to the Scholarship Fund in fiscal year 1998
to be used for necessary expenses of the Israeli Arab
Scholarship Program.
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $364,415,000 for
International Broadcasting Operations, instead of
$391,550,000 as proposed in the House bill, and instead of
$339,655,000 as proposed in the Senate bill. The conference
agreement adopts the approach proposed in the Senate bill for
broadcasting to Cuba. No funds for broadcasting to Cuba
are included under this account, as proposed by the House,
but rather, all funding
[[Page H10859]]
for broadcasting to Cuba is included under a separate
account, as proposed by the Senate, consistent with the
fiscal year 1997 appropriations Act.
The conference agreement includes $24,960,000 for the
expansion of broadcasting to China by Radio Free Asia and the
Voice of America. The conference agreement includes bill
language making $12,100,000 of this amount available until
expended for one-time capital costs associated with this
initiative. The conference agreement does not include the
Senate report language earmarking $20,000,000 for Radio Free
Asia. USIA and the Broadcasting Board of Governors shall
provide the Committees with a detailed plan for expenditure
of funds for the expansion of broadcasting to China for
consideration under usual reprogramming procedures.
Within the total amount provided for international
broadcasting operations, the conferees agree that $4,000,000
shall be for the development of a Farsi-language surrogate
broadcasting service to Iran.
The conference agreement does not include language in the
Senate bill making not to exceed $10,000,000 available only
on a dollar-for-dollar basis when matched with the proceeds
of sales of advertising air time. The conference agreement
includes bill language providing not to exceed $2,000,000
from advertising receipts 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 proposed in the
House bill. The conference agreement includes a modification
to the House bill language to ensure that receipts may be
credited to this appropriation in the absence of an
authorization.
The conferees expect that the Committees will be notified
of the final distribution of funding among the activities
under this account pursuant to the normal reprogramming
procedures. To the extent that reductions are necessary, the
conferees urge that priority be given to reductions to
administrative costs and functions which do not have direct
impacts on language service broadcast hours.
broadcasting to cuba
The conference agreement includes $22,095,000 for
Broadcasting to Cuba under a separate account, as proposed in
the Senate bill, instead of the same amount within the total
for International Broadcasting Operations, as proposed in the
House bill.
Radio Construction
The conference agreement includes $40,000,000 for Radio
Construction, as proposed in the House bill, instead of
$32,710,000, as proposed in the Senate bill. This account
provides funding for the following activities: maintenance,
improvements, replacements and repairs; satellite and
terrestrial program feeds; engineering support activities;
and broadcast facility leases and land rentals.
The conference agreement includes $10,000,000 to support
the expansion of broadcasting to China, and includes the
guidance and reporting requirements contained in the House
report.
east-west center
The conference agreement includes $12,000,000 for
operations of the East-West Center, instead of no funds, as
proposed in the House bill, and $22,000,000, as proposed in
the Senate bill. Within this amount, the conferees agree that
$125,000 shall be for a grant to support efforts by the Maui
Pacific Center to help Pacific nations maintain fish stocks.
north/south center
The conference agreement includes $1,500,000 for operations
of the North/South Center, instead of no funds, as proposed
in the House bill, and $3,000,000, as proposed in the Senate
bill.
national endowment for democracy
The conference agreement includes $30,000,000 for the
National Endowment for Democracy, as proposed in both the
House and Senate bills.
General Provisions--Department of State and Related Agencies
Section 401.--The conference agreement includes section
401, as provided in the House bill, permitting use of funds
for allowances, differentials, and transportation. The Senate
bill contained a similar provision, with minor technical
changes.
Sec. 402.--The conference agreement includes section 402,
as provided in the House bill, dealing with transfer
authority. The Senate bill contained a similar provision,
with minor technical changes.
Sec. 403.--The conference agreement includes section 403,
waiving provisions of existing legislation that require
authorizations to be in place for the State Department, the
United States Information Agency, including International
Broadcasting Operations, and the Arms Control and Disarmament
Agency prior to the expenditure of any appropriated funds.
The Senate bill included a provision under section 403
stating that the U.S. Commissioner of the International
Boundary Commission, U.S. and Canada, can be compensated only
for actual hours worked. This provision is not included in
the conference agreement, since the language included in the
fiscal year 1997 appropriations Act on this matter was
permanent in effect. The House bill contained no provision on
either of these matters.
Sec. 404.--The conference agreement includes a provision
similar to provisions included in the House bill as sections
403 and 404 and in the Senate bill as section 406,
establishing procedures and amounts for implementation of the
International Cooperative Administrative Support Services
(ICASS) program. The conference agreement provision provides
for a transfer of $2,800,000 less than was included in the
House and Senate bills, and reduces the amounts transferred
to other agencies by a like amount to take account of foreign
exchange rate gains. The transfer of $109,662,000 to other
appropriations in fiscal year 1998 provides the necessary
additional resources for administrative expenses paid out of
those accounts in order to permanently shift ongoing
budgetary responsibility to them.
The Senate bill contained as section 404 a provision that
required costs incurred from personnel reductions taken in
response to funding reductions in this Title to be absorbed
within the total resources available to the agencies under
this Title, and, subject to reprogramming procedures,
permitting funds to be transferred between accounts to cover
such costs. The House bill did not contain a similar
provision. The conference agreement includes a provision that
provides these authorities for all agencies funded under this
Act under Title VI.
Sec. 405.--The conference agreement includes a provision to
allow payment of a border equalization adjustment to
approximately 20 employees of the Department of State and
other agencies who are not members of the Foreign Service,
live in the United States, but commute to work in locations
in Mexico and Canada. This section will equalize pay for
these employees based on the locality pay rates paid for
service performed in the United States within the locality
pay areas closest to the employees' foreign duty station.
The Senate bill included a provision under section 405
relating to certification of activities relating to Vietnam's
cooperation on issues relating to prisoners of war and
missing in action. The conference agreement addresses this
issue under Title VI.
The conference agreement includes a short title for Title
IV of the bill, as included in the Senate bill. The House
bill did not include a short title.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
The conference agreement includes $51,030,000 for payment
of obligations incurred for the Maritime Administration
(MARAD) operating differential subsidy program, as proposed
in the House bill, instead of $135,000,000 as proposed in the
Senate bill.
maritime security program
The conference agreement includes $35,500,000 for the
Maritime Security Program (MSP) as proposed in the House
bill, instead of $35,000,000 as proposed in the Senate bill.
This program, funded under the allocation for national
security programs, provides payments to maintain and preserve
a U.S.-flag merchant fleet for the national security needs of
the United States.
operations and training
The conference agreement includes $67,600,000 for the
Maritime Administration Operations and Training account
instead of $65,000,000 as proposed in the House bill instead
of $69,000,000 as proposed in the Senate bill. Within this
amount, the conferees intend that $31,500,000 shall be for
the operation and maintenance of the U.S. Merchant Marine
Academy, and that $7,100,000 shall be for State Maritime
Academies. The conference agreement does not specifically
allocate the balance of the funds in this account among
operating programs, general administration and additional
training. The conferees expect that MARAD will submit to the
Committees on Appropriations a plan for the expenditure of
resources under this account.
maritime guaranteed loan (title xi) program account
The conference agreement provides $32,000,000 in subsidy
appropriations for the Maritime Guaranteed Loan Program
instead of $35,000,000 as proposed in the House bill, and
$29,000,000 as proposed in the Senate bill. This amount will
subsidize a program level of not more than $1,000,000,000 as
proposed in both the House and Senate bills.
The conferees have also included $3,725,000 for
administrative expenses associated with the Maritime
Guaranteed Loan Program, instead of $3,450,000 as proposed in
the House bill, and $4,000,000 as proposed in the Senate
bill. These amounts may be transferred to and merged with
amounts under the MARAD Operations and Training account.
Administrative Provisions-Maritime Administration
The conference agreement includes provisions contained in
both the House and Senate bills involving Government property
controlled by MARAD, the accounting for certain funds
received by MARAD, and a prohibition on obligations from the
MARAD construction fund.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
The conference agreement provides $250,000 for the
Commission for the Preservation of America's Heritage Abroad
as proposed in the House bill, instead of $206,000 as
proposed in the Senate bill.
[[Page H10860]]
Commission on Civil Rights
salaries and expenses
The conference agreement includes $8,740,000 for the
salaries and expenses of the Commission on Civil Rights, as
proposed in both the House and Senate bills.
Commission on Immigration Reform
salaries and expenses
The conference agreement includes $459,000 for the
Commission on Immigration Reform as proposed in the Senate
bill, instead of $496,000 as proposed in the House bill.
Commission on Security and Cooperation in Europe
salaries and expenses
The conference agreement includes $1,090,000 for the
Commission on Security and Cooperation in Europe, as proposed
in both the House and Senate bills.
Equal Employment Opportunity Commission
salaries and expenses
The conference agreement includes $242,000,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission as proposed in the Senate bill, instead of
$239,740,000 as proposed in the House bill.
Within the total amount, the conference agreement includes
$27,500,000 for payments to State and local enforcement
agencies for services to the Commission, as provided in both
the House and Senate bills.
The conferees agree with concerns expressed in both the
House and Senate reports about the large backlog of cases,
and about the allocation of scarce resources to litigation by
the Commission in discrimination cases where complainants are
already adequately represented by counsel in other fora. The
conferees expect that the Commission's first priority will be
the processing of charges, and urge that the Commission
target its manpower and financial resources toward the
prosecution of cases in which the underlying facts are not
the subject of independent litigation before the private bar.
The conferees further expect the Commission to submit reports
as indicated in the House report.
Federal Communications Commission
salaries and expenses
The conference agreement includes a total of $186,514,000
for the salaries and expenses of the Federal Communications
Commission (FCC) instead of $177,079,000 as proposed in the
House bill, and $185,949,000 as proposed in the Senate bill.
Of the amounts provided, $162,523,000 is to be derived from
offsetting fee collections, as proposed in the Senate bill,
instead of $152,523,000 recommended in the House bill,
resulting in a net direct appropriation of $23,991,000,
instead of $24,556,000 included in the House bill, and
$23,426,000 included in the Senate bill.
The conference agreement includes language in both the
House and Senate bills, and included in previous
appropriations Acts, allowing fees in excess of the amounts
specified to remain available for expenditure in future
years. In addition, language is also included, as recommended
in the House bill and included in previous appropriations
Acts, allowing funds provided for research and policy studies
to remain available for two years. The Senate bill made such
funds available for one year.
The conferees are concerned about allegations which have
been made regarding the proposed move of the FCC to the
Portals building. Among the issues concerning the conferees
are the recent actions by the FCC and the General Services
Administration (GSA) to increase the size of the space to
be occupied at the Portals above the congressionally-
approved prospectus. This expansion has significantly
increased the cost of the FCC's lease. The conferees are
also concerned about the significant delays in the
construction schedule. In the fiscal year 1997 budget
submission, the FCC expected to be moved into the new
Portals building in December 1997. The move is now slated
to begin in March 1998. Therefore, the conferees request
that the General Accounting Office (GAO) review these and
other concerns about the Portals lease and the proposed
FCC move and report back to the Congress no later than
January 31, 1998.
Federal Maritime Commission
salaries and expenses
The conference agreement includes $14,000,000 for the
salaries and expenses of the Federal Maritime Commission,
instead of $13,500,000 as proposed in the House bill and
$14,300,000 as proposed in the Senate bill.
Federal Trade Commission
salaries and expenses
The conference agreement includes a total operating level
of $106,500,000 for the Federal Trade Commission, instead of
$105,000,000 as proposed in the House bill and $108,000,000
as proposed in the Senate bill. The conference agreement
assumes that of the amount provided, $70,000,000 will be
derived from fees collected in fiscal year 1998 and
$18,000,000 will be derived from estimated unobligated fee
collections available from 1997. These actions result in a
final appropriated level of $18,500,000, instead of
$19,000,000 as proposed in the House bill and $28,000,000 as
proposed in the Senate bill.
Use of any unobligated fee collections from 1997 above
$18,000,000 are subject to the reprogramming requirements
outlined in section 605 of this Act.
The conferees urge the Commission to retain the current
standard for ``Made in U.S.A.'' as stated in the House
report.
The conferees are aware of concerns about the impact of
alcohol advertising on underage drinking, and understand that
the FTC is engaged in the ongoing monitoring of the
advertising and marketing practices of manufacturers of
beverage alcohol. The conferees expect the FTC to emphasize
these activities, investigate when problematic practices are
discovered, encourage the development of effective voluntary
advertising codes, and report their findings back to the
Committees on Appropriations.
Gambling Impact Study Commission
salaries and expenses
The conference agreement provides $1,000,000 for the
salaries and expenses of the Gambling Impact Study Commission
as proposed in the Senate bill, instead of no funding, as
proposed in the House bill.
Legal Services Corporation
payment to the legal services corporation
The conference agreement includes $283,000,000 for payment
to the Legal Services Corporation, instead of $250,000,000 as
proposed in the House bill, and $300,000,000 as proposed in
the Senate bill.
The conference agreement provides $274,400,000 for grants
to basic field programs and independent audits, $7,100,000
for management and administration, and $1,500,000 for the
Office of the Inspector General.
ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION
The conference agreement contains language, included in
both the House and Senate bills, continuing all statutory
requirements and restrictions included in the fiscal year
1997 appropriations Act.
In addition, the conference agreement includes new
provisions in section 501, as contained in the House bill,
providing additional authority to the Corporation to
terminate a grant award and institute a new grant competition
if the existing grantee has been found to be in violation of
statutory and regulatory requirements and restrictions. The
Senate bill contained similar provisions. In addition,
provisions are included in section 504, as contained in the
House bill, to allow the Corporation to debar grantees from
the competitive bid process in certain circumstances. The
Senate bill contained similar provisions.
The conference agreement includes a provision, section 505,
proposed in the House bill but not addressed in the Senate
bill, requiring certain public disclosure reporting
requirements related to litigation initiated by grantees of
the Legal Services Corporation.
The conference agreement also includes a provision, section
506, proposed in the Senate bill but not addressed in the
House bill, to ensure that income eligibility determinations
in cases of domestic violence are made only on the basis of
the assets and income of the individual. The conferees are
aware that the current statute and regulations of the Legal
Services Corporation already provide for such determinations
to be made in all cases, including domestic violence.
However, given concerns regarding access to the legal system
for victims of domestic violence, the conferees have included
this provision to provide greater clarity regarding this
matter. However, the conferees do not intend to in any way
preclude such eligibility determinations in other cases made
in accordance with current regulations and statute.
The conference agreement makes several technical changes to
correct statutory citations and other technical differences
included in the House and Senate bills.
Marine Mammal Commission
SALARIES AND EXPENSES
The conference agreement includes $1,185,000 for the
salaries and expenses of the Marine Mammal Commission instead
of $1,000,000 as proposed in the House bill, and $1,240,000
as proposed in the Senate bill.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes a total operating level
of $315,000,000 for the Securities and Exchange Commission as
proposed in the House bill, instead of $317,412,000, as
proposed in the Senate bill. The conference agreement
includes bill language providing offsetting fees in accord
with levels authorized in the National Securities Markets
Improvement Act of 1996. These offsetting fees are expected
to provide $249,523,000 in fiscal year 1998. In addition, the
conference agreement assumes the use of $32,000,000 in
carryover funds from fiscal year 1997. These offsets result
in a net direct appropriation of $33,477,000 as proposed in
the House bill, instead of $35,889,000, as proposed in the
Senate bill.
The conference agreement does not contain a provision in
the House bill that fees collected in excess of $249,523,000
shall remain available until expended, but shall not be
available for obligation until October 1, 1998. These fees
will remain available for the Securities and Exchange
Commission in future years through the regular appropriations
process.
Small Business Administration
SALARIES AND EXPENSES
The conference agreement provides an appropriation of
$254,200,000 for the Small Business Administration (SBA)
Salaries and Expenses account, instead of $235,047,000 as
proposed in the House bill, and $246,100,000 as proposed in
the Senate bill.
[[Page H10861]]
In addition to amounts made available under this heading,
the conference agreement includes $94,000,000 for
administrative expenses under the Business Loans Program
Account and $150,000,000 for administrative expenses under
the Disaster Loans Program account. These amounts are
transferred to and merged with amounts available under
Salaries and Expenses, resulting in total funding of
$498,200,000 for SBA operating programs, noncredit and other
initiatives.
The conference agreement provides a total of $133,250,000
for SBA's regular operating expenses under this account, an
increase of $13,049,000 above the fiscal year 1997 level.
This increase is provided as follows: $2,000,000 is for
necessary expenses to implement the HUBZone proposal;
$3,049,000 is for adjustments to base, including the full
amount requested for Low Documentation processing centers;
and $8,000,000 is provided for initiatives to improve SBA's
management and oversight of its loan portfolio. The increase
for portfolio management and oversight is to be distributed
as follows: (1) $1,750,000 for staff and training for the
Office of the Chief Financial Officer; (2) $200,000 for SBA
to contract with a private entity to provide technical and
management support in developing and implementing a plan for
modernization of SBA's information resource management
systems; and (3) $6,050,000 for information resource
management systems. The conferees direct the SBA to submit a
spending plan in accordance with section 605 of this Act
prior to the expenditure of funds provided for these
initiatives. Further, the conferees direct the SBA, with the
exception of the Disaster Loans program, to reduce its travel
by 50 percent from the fiscal year 1997 level.
The conference agreement includes the following amounts for
noncredit programs:
Small Business Development Centers..........................$75,800,000
SBDC Defense Transition.......................................2,000,000
7(j) Technical Assistance.....................................2,600,000
SCORE.........................................................3,500,000
Business Information Centers....................................500,000
Women's Demonstration.........................................4,000,000
Women's Council.................................................350,000
EZ/EC One Stop Capital Shops..................................3,100,000
Microloan Technical Assistance...............................14,500,000
US Export Assistance Centers..................................3,100,000
Regulatory Fairness Boards......................................500,000
________________
Total...................................................109,950,000
Small Business Development Centers (SBDC).--Of the amounts
provided for SBDCs, the conferees have included $1,000,000 to
be used for the Environmental Compliance Project as directed
in the House report, and $35,000 for an Internet commerce
study as directed in the Senate report. In addition, the
conference agreement provides a $1,300,000 increase to be
used to provide a minimum allocation of $500,000 for all
States able to meet the appropriate matching requirements.
The conferees do not intend for any State's allocation to
be reduced from its fiscal year 1997 allocation under the
current funding formula, and direct SBA to submit a
reprogramming if additional funds are required to ensure
that all eligible states receive the $500,000 minimum
allocation without reducing other States' funding.
In addition, the conference agreement includes language, as
proposed in the House bill, making funds for the SBDC program
available for two years.
Women's Demonstration and Women's Council.--The conferees
provide funding for the Women's Demonstration Business
Centers program at the requested level of $4,000,000. The
conferees intend that fourth year funding be provided for
eligible existing sites subject to authorization, that new
centers started in fiscal year 1997 will be funded at no less
than their current level, and that three new sites will be
added.
Of the amounts provided for the Women's Council, $100,000
is to be used for federal procurement research projects
included in the Senate report. In addition, the conferees
direct that no more than 10% of the total amount provided for
Women's Council activities be used for SBA administrative
expenses and overhead charges.
Microloan Technical Assistance.--The conference agreement
provides a total availability of $16,500,000 for the
Microloan Technical Assistance program in fiscal year 1998,
the same level as recommended in both the House and Senate
bills. Of these amounts, $14,500,000 is provided in direct
appropriations and $2,000,000 is to be derived by transfer
from the unobligated balances in the Microloan Direct loan
program, as provided in the House bill and requested in the
budget. The Senate bill provided $16,500,000 in direct
appropriations and did not assume this transfer of funds.
The conference agreement provides no funds for Advocacy
Research. However, the conferees would be willing to
entertain a reprogramming subject to section 605 of this Act
to maintain activities approved in fiscal year 1997. In
addition, the conference agreement includes no funds for the
Survey of Women Owned Businesses, but would be willing to
entertain a reprogramming subject to section 605 of this Act
for this activity.
The conference agreement adopts language included in the
House report directing the SBA to continue activities
assisting small businesses to adapt to a paperless
procurement environment, as well as activities which assist
small businesses in making the transition to meet both
military and ISO 9000 quality systems requirements.
In addition, the conference agreement includes the
following small business initiatives: $3,000,000 for
infrastructure to develop a facility for small business
development; $3,000,000 for continuation of an outreach
program to assist small business development; $2,000,000 to
develop a facility to increase small business opportunities
and economic development; $1,500,000 to develop a facility
and operate an institute for small business and workforce
development; $1,000,000 for continuation of a small business
incubator; and $500,000 for continuation of a program for
small business consulting and technical assistance.
Further, the conferees expect that all procurement center
representatives will report to the Area Directors of the
Government Contracting Area Offices.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $10,000,000 for the SBA
Office of Inspector General, instead of $9,490,000 as
proposed in the House bill and $10,600,000 recommended in the
Senate bill.
Further, as proposed in both the House and Senate bills, an
additional $500,000 has been provided under the
administrative expenses of the Disaster Loans Program to be
made available to the Office of Inspector General for work
associated with oversight of the disaster loans program.
BUSINESS LOANS PROGRAM ACCOUNT
The conference agreement includes $181,232,000 in subsidy
appropriations under the SBA Business Loans Program Account,
the same amount recommended in the Senate bill, instead of
$187,100,000 as proposed in the House bill, and $173,235,000
as requested in the budget. Of these amounts, $45,000,000 is
to remain available for two years, as proposed in the House
bill.
7(a) General Business Loans.--The conference agreement
provides $161,000,000 in subsidy appropriations for the 7(a)
general business guaranteed loan program, as proposed in the
Senate bill, instead of $167,000,000 as proposed in the House
bill, and $153,003,000 requested in the budget. When combined
with $35,700,000 in prior year unobligated balances and
additional recoveries, this amount will subsidize a program
level of $10,191,710,000 at the fiscal year 1997 subsidy rate
of 1.93%, instead of an $8,500,000,000 program level
requested in the President's budget. In addition, the
conference agreement includes a new provision, not included
in either the House or Senate bills requiring the SBA to
notify the Committees on Appropriations in accordance with
section 605 of this Act prior to providing a total program
level greater than $10,000,000,000.
Small Business Investment Companies (SBIC).--The conference
agreement provides $20,232,000 for the SBIC debenture and
participating securities programs, as proposed in the Senate
bill, instead of $20,100,000 as proposed in the House bill.
Of these amounts, for the participating securities program,
$11,580,000 is provided in subsidy appropriations which, when
combined with $5,800,000 in prior year carryover, will result
in a total program level of $684,253,000 in fiscal year 1998.
In addition, for the debentures program, $8,652,000 is
provided which, when combined with $3,800,000 in prior year
carryover, will result in a total program level of
$541,391,000 in fiscal year 1998.
Microloan Direct and Guaranty Programs.--The conference
agreement does not include new appropriations for the
Microloan Direct Loan Program or the Microloan Guaranty
Program, as none was requested. The conferees assume that
$2,000,000 of the $6,000,000 in carryover in the Direct Loan
Program will be transferred to the Salaries and Expenses
Account for Microloan Technical Assistance Grants, with the
remainder to be used for direct loans in fiscal year 1998. In
addition, the conferees assume that the $3,800,000 in
carryover in the Guaranty Program will be used for guaranteed
loans in fiscal year 1998. The conferees expect the SBA to
follow the reporting requirement included in the House report
regarding this program.
In addition, the conference agreement includes $94,000,000
for administrative expenses to carry out the direct and
guaranteed loan programs, as proposed in both the House and
Senate bills, and makes such funds available to be
transferred to and merged with the appropriations for
Salaries and Expenses.
disaster loans program account
The conference agreement includes a total of $173,200,000
for this account, of which $23,200,000 is for the subsidy
costs for disaster loans, and $150,000,000 is for associated
administrative expenses. The Senate bill provided
$173,200,000 only for administrative expenses, as requested
in the budget, while the House bill provided a total of
$199,100,000 for both loan subsidy costs and associated
administrative expenses.
For disaster loans, the conference agreement assumes that
the $23,200,000 subsidy appropriation, when combined with
$185,000,000 in carryover balances, will provide a total
disaster loan program level of $887,468,000. The conferees
note that the budget requested no funds for the disaster loan
program, proposed to increase the interest rate charged to
disaster loan victims, a proposal which has been rejected
previously by the Congress, and requested a program level of
only $785,000,000, a level well below the average need in
previous fiscal years. The conferees believe the
Administration should take actions to more realistically
assess the level of
[[Page H10862]]
need for the disaster loans program and budget accordingly.
Therefore, to ensure sufficient funds are available for
disaster victims, the conferees have included additional
appropriations in fiscal year 1998 for disaster loans, while
reducing the amounts available for administrative overhead.
The conference agreement includes $150,000,000 for
administrative expenses for the disaster loans program,
instead of $173,200,000 as requested in the budget. The
conferees expect any shortfall in these funds to be made up
through additional recoveries throughout the year. The
conferees remind SBA that such recoveries are subject to the
reprogramming procedures set forth in section 605 of this
Act.
Of the amounts provided for administrative expenses,
$500,000 is to be transferred to and merged with the Office
of Inspector General account for oversight and audit
activities related to the disaster loans program.
surety bond guarantees revolving fund
The conference agreement provides $3,500,000 for additional
capital for the SBA Surety Bond Guarantees Revolving Fund as
proposed in both the House and Senate bills.
administrative provision--small business administration
The conference agreement includes a provision providing SBA
with the authority to transfer funds between appropriations
accounts, as provided in both the House and Senate bills.
State Justice Institute
salaries and expenses
The conference agreement provides $6,850,000 for the
salaries and expenses of the State Justice Institute (SJI)
instead of $3,000,000 as proposed by the House, and
$13,550,000 as proposed by the Senate.
TITLE VI-GENERAL PROVISIONS
The conference agreement includes the following general
provisions:
Section 601.--The conference agreement includes section
601, identical in both the House and Senate versions of the
bill, regarding the use of appropriations for publicity or
propaganda purposes.
Section 602.--The conference agreement includes section
602, identical in both the House and Senate versions of the
bill, regarding the availability of appropriations for
obligation beyond the current fiscal year.
Section 603.--The conference agreement includes section
603, identical in both the House and Senate versions of the
bill, regarding the use of funds for consulting services.
Section 604.--The conference agreement includes section
604, identical in both the House and Senate versions of the
bill, providing that should any provision of the Act be held
to be invalid, the remainder of the Act would not be
affected.
Section 605.--The conference agreement includes section
605, as included in the House version of the bill and similar
to the provision in the Senate version of the bill,
establishing the policy by which funding available to the
agencies funded under this Act may be reprogrammed for other
purposes.
Section 606.--The conference agreement includes section
606, identical in both the House and Senate versions of the
bill, regarding the construction, repair or modification of
National Oceanic and Atmospheric Administration vessels in
overseas shipyards.
Section 607.--The conference agreement includes section 607
regarding the purchase of American-made products, as provided
in both the House and Senate bills.
Section 608.--The conference agreement includes section 608
which prohibits funds in the bill from being used to
implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based
on religion similar to proposed guidelines published by the
EEOC in October, 1993, as provided in both the House and
Senate bills.
Section 609.--The conference agreement includes a
provision, which modifies language proposed in the House bill
as section 609 and in the Senate bill as section 405, that
prohibits use of funds to expand U.S. diplomatic presence in
Vietnam beyond the level in effect on July 11, 1995, unless
the President makes a certification that several conditions
have been met regarding Vietnam's cooperation with the United
States on POW/MIA issues. The conference agreement applies
this provision to this fiscal year and to funds provided in
this Act, as proposed in the House bill, instead of permanent
and to funds provided in this or any other Act, as proposed
in the Senate bill.
It requires that the President make the certification
within 60 days, as proposed in the House bill, instead of
within 60 days of the beginning of each fiscal year, as
proposed in the Senate bill.
It requires that the President certify that Vietnam is
fully cooperating in good faith, instead of cooperating in
full faith as proposed in the House bill, and fully
cooperating as proposed in the Senate bill.
It requires that the certification be based on all
information available to the United States Government as
proposed in the House bill instead of based on a
formal assessment of all information available to the
United States Government as proposed in the Senate bill.
And it requires that an additional issue be included in the
certification, namely, that relevant material associated with
prisoners of war and missing in action recovered from
Southeast Asia and available to the U.S. government is 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,
as proposed in the Senate bill, instead of no language on
this issue, as proposed in the House bill. The conferees note
that preparing material with the intent to provide does not
mean actually providing such material, if doing so would
violate existing laws or national security concerns. The
conferees do not intend that actions taken with respect to
the directives in the bill on the intent to provide
unclassified and unredacted materials to family members
violate either existing laws or national security policies.
The purpose of this last certification criterion is to
reinforce the valuable and important work that is being
carried out by the individuals, task forces and laboratories
under the most difficult of circumstances, and to ensure that
they have sufficient resources to carry out their work. With
sufficient resources, these laboratories can carry out their
mission of analyzing evidence and providing information to
surviving relatives, a mission they are currently carrying
out with great professionalism and dedication.
Sec. 610.--The conference agreement includes section 610,
which repeats language contained in the fiscal years 1996 and
1997 appropriations Acts, prohibiting the use of funds for
any United Nations peacekeeping mission that involves U.S.
Armed Forces under the command or operational control of a
foreign national, unless the President certifies that the
involvement is in the national security interest, as proposed
in the House bill. The Senate bill did not contain a
provision on this matter.
Sec. 611.--The conference agreement includes section 611
which prohibits the use of funds to provide certain amenities
for Federal prisoners as provided for in both the House and
Senate bills.
Sec. 612.--The conference agreement includes a modified
version of section 612 restricting the use of funds provided
under the National Oceanic and Atmospheric Administration
Fleet Modernization account proposed in the House bill. The
Senate bill deleted this provision. The modification permits
NOAA to develop long term plans to support its fisheries
research requirements.
Sec. 613.--The conference agreement includes section 613,
as proposed in the House bill, which requires agencies and
Departments funded in this Act to absorb any necessary costs
related to downsizing or consolidations within the amounts
provided to the agency or Department. The Senate bill
included this same provision as section 610.
Sec. 614.--The conference agreement includes section 614,
which prohibits funds made available to the Federal Bureau of
Prisons from being used to make available any commercially
published information or material to a prisoner when it is
made known that such information or material is sexually
explicit or features nudity. Both the House and the Senate
bills included this section, but the Senate bill included
this as section 611.
Sec. 615.--The conference agreement includes section 615,
similar to language proposed by the House bill and proposed
by the Senate bill under section 120, which limits funding
under the Local Law Enforcement Block Grant to 90 percent, to
an entity that does not provide public safety officers
injured in the line of duty and as a result separated or
retired from their jobs, with health insurance benefits
equal to the insurance they received while on duty. The
language has been modified to clarify the expected level
of health benefits intended by the provision.
Sec. 616.--The conference agreement includes section 616,
which prohibits funds available in this Act from being used
to issue or renew a fishing permit or authorization for any
vessel more than 165 feet long or greater than 750 gross
tons, and with more than 3,000 shaft horsepower to engage in
fishing for Atlantic mackerel or herring. In addition,
vessels above these thresholds are prohibited from engaging
in the catching, taking, or harvesting of fish in any other
fishery within the United States exclusive economic zone
(EEZ) (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 endorsement is still valid. In addition,
language is included to nullify any fishing permit or
authorization issued prior to enactment of this Act for
vessels prohibited under this section from engaging in the
fishing of Atlantic mackerel or herring, and prohibiting
funds from being expended to issue a new permit or
authorization to allow such a vessel whose Atlantic mackerel
or herring permit has been nullified under this section from
engaging in the catching, taking, or harvesting of fish in
any other fishery within the U.S. EEZ. The House bill
contained a provision prohibiting vessels of such length from
fishing in the Atlantic herring or mackerel fishery. The
Senate bill contained no provision addressing these matters.
Sec. 617.--The conference agreement includes section 617,
similar to language proposed in the House bill, that allows
persons who prevail in a Federal criminal case to recover
attorney's fees and other litigation costs if the court finds
that the position of the United States was vexatious,
frivolous or
[[Page H10863]]
in bad faith. The conferees understand that a grand jury
finding of probable cause to support an indictment does not
preclude a judge from finding that the government's position
was vexatious, frivolous or in bad faith. The provision
provides that the procedures and limitations of the Equal
Access to Justice Act apply, except with regard to burden of
proof, and that certain evidence may be received ex parte and
in camera and kept under seal for the court to make this
determination. Fees and expenses awarded under this provision
shall be paid by the agency over which the party prevails,
from any funds made available by appropriation to the
Department of Justice.
Sec. 618.--The conference agreement includes a provision,
Section 618, as contained in the House bill, prohibiting
funds provided in this Act from being used to promote the
sale or export of tobacco or tobacco products, or to seek the
reduction or removal of foreign restrictions on the marketing
of tobacco products, provided such restrictions are applied
equally to all tobacco or tobacco products of the same type.
The conferees do not intend for this provision to prevent
the United States Government from taking necessary actions in
accordance with the requirements and remedies available under
applicable U.S. trade laws and international trade agreements
to ensure non-discriminatory treatment of U.S. products.
Further, the conferees do not intend to prohibit the use of
funds for routine international trade services available to
all U.S. citizens such as the provision of publicly available
information on foreign country conditions and policies,
information or assistance that may help U.S. firms or
individuals comply with foreign government laws or
regulations, the processing of export trade certificate of
review applications, and assistance in assuring fair
treatment of U.S. companies by foreign governments in
transactions such as customs clearance and intellectual
property rights enforcement.
Sec. 619.--The conference agreement includes a provision
prohibiting the use of funds to pay for the expenses of an
election officer appointed by the court to oversee the
election of any officer or trustee of the International
Brotherhood of Teamsters, as proposed in the House bill. The
Senate bill did not contain a provision on this matter.
Sec. 620.--The conference agreement includes section 620,
numbered as section 612 in the Senate bill, which repeals a
portion of a 1900 appropriations Act which prohibited
telegraph or cable lines owned by foreign citizens or foreign
corporations or governments from being established or
permitted to enter Alaska. The House bill contained no
similar provision.
Sec. 621.--The conference agreement includes section 621,
similar to section 613 of the Senate bill, which prohibits
funds from being used to issue a visa to any alien involved
in extrajudicial and political killings in Haiti.
Specifically, the provision prohibits issuance of a visa to
any person who (1) has been credibly alleged to have ordered,
carried out, or assisted in extrajudicial and political
killings of 16 named individuals; (2) was included in the
list presented to former President Aristide by former
National Security Advisor Anthony Lake; (3) was sought by the
FBI in relation to political or extrajudicial killings; (4)
was involved in the September 1991 coup or murders occurring
between 1991 and 1994; or (5) has been credibly alleged to
have been a member of the paramilitary organization known as
FRAPH. The provision gives the Secretary of State authority
to make exceptions on a case-by-case basis. The provision
also includes several reporting requirements by the Secretary
of State to the House International Relations and
Appropriations Committees and the Senate Foreign Relations
and Appropriations Committees. The House bill contained no
similar provision.
The conference agreement does not include a provision
included in the House bill as section 621, which would have
prohibited the expenditure of funds to conduct research on
the medicinal use or legalization of marijuana or any other
schedule I drug. The conferees understand the Department of
Justice has no intention of conducting any research of this
nature and direct the Attorney General to notify the
Committees on Appropriations of both the House and Senate
under the reprogramming procedures set forth in section 605
of the Act, should any intention to study this matter arise.
Sec. 622.--The conference agreement includes a provision,
section 622, not included in either the House or Senate
bills, repealing section 3006 of P.L. 105-33 regarding the
withholding of payments to the Universal Service Fund.
Sec. 623.--The conference agreement includes a provision,
section 623, not included in either the House or Senate
bills, requiring the Federal Communications Commission (FCC)
to review and report to the Congress no later than April 10,
1998 regarding implementation of the universal service
provisions of the Telecommunications Act of 1996.
Sec. 624.--The conference agreement includes a technical
correction relating to the fiscal year 1998 Interior
Appropriations bill changing the quorum requirement of the
National Council of the Arts to 8.
Sec. 625.--The conference agreement includes a technical
correction relating to the fiscal year 1998 Legislative
Appropriations bill authorizing the appropriation for the
Senate Drug Caucus.
Sec. 626.--The conference agreement includes a provision
providing for the sale, at fair market value, of the existing
fleet of leased vehicles at the Naval Petroleum Reserve
Numbered 1 (Elk Hills) to the successful buyer of the
Reserve, with the proceeds from such sales to be returned to
the General Services Administration's ``General Supply
Fund.''
Sec. 627.--The conference agreement includes a technical
correction relating to the National Indian Gaming Commission
in connection with the fiscal year 1998 Interior
Appropriations bill.
Sec. 628.--The conference agreement includes a provision
regarding relief for an individual who failed to file a
timely appeal of dismissal with the Department of
Agriculture.
Sec. 629.--The conference agreement includes a provision
which permits previously appropriated funds to be used in
conjunction with the Small Business Investment Act of 1958.
Sec. 630.--The conference agreement includes a provision to
permit the White Mountain National Forest (WMNF) to proceed
with developing its next Forest Plan. The conferees recognize
that WMNF is a heavily visited National forest and its last
Forest Plan was completed in 1986. The Forest Plan is due to
be revised every ten to fifteen years and is essential to the
welfare and health of the forest. The WMNF has a long and
successful history of achieving a wide consensus balancing
wildlife habitat, wilderness protection, clean water and
viable timber industry. The conferees allow the WMNF to
proceed with revising its Forest Plan.
Sec. 631.--The conference agreement includes a provision to
allow the nomination of a Federal Election Commissioner to
move forward.
Sec. 632.--The conference agreement includes a provision
relating to a land transfer by the Secretary of Energy to Los
Alamos County, New Mexico and to the Secretary of Interior,
in trust for the Pueblo of San Ildefonso.
Sec. 633.--The conference agreement includes a provision
providing authority to the Secretary of Agriculture to use up
to $6,000,000 from the sale of grain in the disaster reserve
to implement a livestock indemnity program to pay for losses
from natural disasters pursuant to a Presidential or
Secretarial declaration.
Sec. 634.--The conference agreement includes a provision
providing that up to $800,000 from funds available to the
Department of Defense (DOD) in fiscal year 1998 may be used
to compensate for commercial cranberry crop losses resulting
from environmental contamination near the Massachusetts
Military Reservation (``MMR''), in bogs fed by groundwater
contaminated by athylene dibromide (``EDB'') emanating from
MMR. DOD may provide compensation if a claimant demonstrates
a commercial loss in 1997 of cranberry crops in the Mashpee
or Falmouth bogs, located on the Quashnet and Coonamessett
rivers, respectively, if DOD determines that the loss results
from the presence of EDB in or on cranberries in either of
those bogs from the EDB-contaminated plumes of groundwater
known as ``FS 1'' or ``FS 28.''
[[Page H10864]]
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
Working Capital fund
(Rescission)
The conference agreement includes a rescission of
$100,000,000 from unobligated balances under this heading,
instead of $30,310,000 as proposed in the Senate bill. The
House bill did not include a rescission from this account.
TITLE VIII--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
The conference agreement includes $7,000,000 in emergency
supplemental appropriations, not included in either the House
or Senate bills, to provide emergency 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.
conference total--with comparisons
The total new budget (obligational) authority for the
fiscal year 1998 recommended by the Committee of Conference,
with comparisons to the fiscal year 1997 amount, the 1998
budget estimates, and the House and Senate bills for 1998
follows:
New budget (obligational) authority, fiscal year 1997...$30,230,160,000
Budget estimates of new (obligational) authority, fiscal 35,657,937,000
House bill, fiscal year 1998.............................31,786,493,000
Senate bill, fiscal year 1998............................31,653,555,000
Conference agreement, fiscal year 1998...................31,816,907,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year 1997..+1,586,747,000
Budget estimates of new (obligational) authority, fisca-3,841,030,000
House bill, fiscal year 1998................................+30,414,000
Senate bill, fiscal year 1998..............................+163,352,000
Harold Rogers,
Jim Kolbe,
Ralph Regula,
Mike Forbes,
Tom Latham,
Bob Livingston,
Alan B. Mollohan,
David E. Skaggs
(except for sections 209, 210, 502, and 404),
Julian C. Dixon,
Managers on the Part of the House.
Judd Gregg,
Ted Stevens,
Pete Domenici,
Mitch McConnell,
Kay Bailey Hutchison,
Ben Nighthorse Campbell,
Thad Cochran,
Fritz Hollings,
Daniel Inouye,
Dale Bumpers,
Frank Lautenberg,
Barbara A. Mikulski,
Robert C. Byrd,
Managers on the Part of the Senate.