[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.