[Congressional Record Volume 144, Number 104 (Wednesday, July 29, 1998)]
[Senate]
[Pages S9279-S9317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 1999

  (The text of the bill (S. 2260), as passed by the Senate on July 23, 
1998, is as follows:)

                                S. 2260

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Departments of 
     Commerce, Justice, and State, the Judiciary, and related 
     agencies programs for the fiscal year ending September 30, 
     1999, 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: Provided further, That not to exceed 39 permanent 
     positions and 39 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: Provided 
     further, That the Attorney General is authorized to transfer, 
     under such terms and conditions as the Attorney General shall 
     specify, forfeited real or personal property of limited or 
     marginal value, as such value is determined by guidelines 
     established by the Attorney General, to a State or local 
     government agency, or its designated contractor or 
     transferee, for use to support drug abuse treatment, drug and 
     crime prevention and education, housing, job skills, and 
     other community-based public health and safety programs: 
     Provided further, That any transfer under the preceding 
     proviso shall not create or confer any private right of 
     action in any person against the United States, and shall be 
     treated as a reprogramming under section 605 of this Act.


                     joint automated booking system

       For expenses necessary for the nationwide deployment of a 
     Joint Automated Booking System, $10,000,000, to remain 
     available until expended.


                         counterterrorism fund

       For necessary expenses, as determined by the Attorney 
     General, $19,999,000, 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, (3) the costs of conducting a terrorism threat 
     assessment of Federal agencies and their facilities, (4) the 
     costs associated with ensuring the continuance of essential 
     Government functions during a time of emergency, and (5) the 
     costs of activities related to the protection of the Nation's 
     critical infrastructure: Provided, That any Federal agency 
     may be reimbursed for costs associated with implementation of 
     the recommendations of the President's Commission on Critical 
     Infrastructure Protection: Provided further, That any agency 
     receiving services from the Department of Justice from the 
     Fund may reimburse the Fund and that any such reimbursement 
     shall remain available in the Fund until expended: Provided 
     further, 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, $174,000,000, to remain available until 
     expended, for transfer to the Office of Justice Programs 
     (OJP), for counterterrorism grants, contracts, cooperative 
     agreements, and other assistance (including amounts for 
     management and administration which shall be transferred to 
     and merged with the ``Justice Assistance'' account), to 
     cities, States, territories, and local jurisdictions; of 
     which $95,000,000 shall be available for equipping first 
     responders in cities, States, territories, and local 
     jurisdictions; of which $5,000,000 shall be available to 
     reimburse the Department of Health and Human Services for 
     costs associated with Metropolitan Medical Strike Teams; of 
     which $10,000,000 shall be available for technical assistance 
     and evaluation; of which $7,000,000 shall be available for 
     law enforcement first responder training; of which 
     $22,000,000 shall be available for public safety first 
     responder training provided through the National Domestic 
     Preparedness Consortium; of which $25,000,000 shall be 
     available for firefighter and emergency medical services 
     equipment; and of which $10,000,000 shall be available for 
     situational training exercises.


                   administrative review and appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration related activities, 
     $41,858,000.


                      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, $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

[[Page S9280]]

     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, $7,969,000.

                            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; and for annual obligations of membership in law-
     based international organizations pursuant to treaties 
     ratified pursuant to the advice and consent of the Senate, 
     conventions, or specific Acts of Congress, notwithstanding 
     any other provision of law; $485,511,000; 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 $17,834,000 
     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.


               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $86,588,000: Provided, That notwithstanding any 
     other provision of law, not to exceed $86,588,000 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 1999, so as to result in a 
     final fiscal year 1999 appropriation from the General Fund 
     estimated at not more than $0: Provided further, That the 
     third proviso under the heading ``Salaries and Expenses, 
     Antitrust Division'' in Public Law 105-119 is repealed.


             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including intergovernmental and cooperative 
     agreements, $1,083,642,000; of which not to exceed $2,500,000 
     shall be available until September 30, 2000, 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 $1,000,000 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: Provided further, That, in 
     addition to reimbursable full-time equivalent workyears 
     available to the Office of the United States Attorneys, not 
     to exceed 8,960 positions and 9,125 full-time equivalent 
     workyears shall be supported from the funds appropriated in 
     this Act for the United States Attorneys: Provided further, 
     that of the total amount appropriated, not to exceed 
     $3,000,000 shall remain available to hire additional 
     assistant United States Attorneys and investigators to 
     enforce Federal laws designed to keep firearms out of the 
     hands of criminals, and the Attorney General is directed to 
     initiate a selection process to identify two (2) major 
     metropolitan areas (which shall not be in the same geographic 
     area of the United States) which have an unusually high 
     incidence of gun-related crime, where the funds described in 
     this subsection shall be expended: Provided further, That 
     $2,300,000 shall be used to provide for additional assistant 
     United States attorneys and investigators to serve in 
     Philadelphia, Pennsylvania and Camden County, New Jersey, to 
     enforce Federal laws designed to prevent the possession by 
     criminals of firearms (as that term is defined in section 
     921(a) of title 18, United States Code), of which $1,500,000 
     shall be used to provide for those attorneys and 
     investigators in Philadelphia, Pennsylvania and $800,000 
     shall be used to provide for those attorneys and 
     investigators in Camden County, New Jersey.


                   United States Trustee System Fund

       For necessary expenses of the United States Trustee 
     Program, as authorized by 28 U.S.C. 589a(a), $108,248,000, 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, $100,000,000 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 1999, so as to result in a 
     final fiscal year 1999 appropriation from the Fund not to 
     exceed $8,248,000: Provided further, That the fourth proviso 
     under the heading ``United States Trustee Fund'' in Public 
     Law 105-119 is repealed.


      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, $1,227,000.


         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 the purchase of passenger motor 
     vehicles for police-type use, without regard to the general 
     purchase price limitation for the current fiscal year, 
     $501,752,000, 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, shall remain available until expended.


                              construction

       For planning, constructing, renovating, equipping, and 
     maintaining United States Marshals Service prisoner-holding 
     space in United States courthouses and federal buildings, 
     including the renovation and expansion of prisoner movement 
     areas, elevators, and sallyports, $4,000,000, to remain 
     available until expended.


 justice prisoner and alien transportation system fund, united states 
                            marshals service

       There is hereby established a Justice Prisoner and Alien 
     Transportation System Fund for the payment of necessary 
     expenses related to the scheduling and transportation of 
     United States prisoners and illegal and criminal aliens in 
     the custody of the United States Marshals Service, as 
     authorized in 18 U.S.C. 4013, including, without limitation, 
     salaries and expenses, operations, and the acquisition, 
     lease, and maintenance of aircraft and support facilities: 
     Provided, That the Fund shall be reimbursed or credited with 
     advance payments from amounts available to the Department of 
     Justice, other Federal agencies, and other sources at rates 
     that will recover the expenses of Fund operations, including, 
     without limitation, accrual of annual leave and depreciation 
     of plant and equipment of the Fund: Provided further, That 
     proceeds from the disposal of Fund aircraft shall be credited 
     to the Fund: Provided further, That amounts in the Fund shall 
     be available without fiscal year limitation, and may be used 
     for operating equipment lease agreements that do not exceed 
     five years: Provided further, That with respect to the 
     transportation of Federal, State, local and territorial 
     prisoners and detainees, the lease or rent of aircraft by the 
     Justice Prisoner Air Transport System shall be considered use 
     of public aircraft pursuant to 49 U.S.C. section 
     40102(a)(37).
       For the initial capitalization costs of the Fund, 
     $10,000,000.


                       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, $407,018,000, 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, $95,000,000, to remain 
     available until expended; of which not to exceed $6,000,000

[[Page S9281]]

     may be made available for planning, construction, 
     renovations, maintenance, remodeling, and repair of 
     buildings, and the purchase of equipment incident thereto, 
     for protected witness safesites; of which not to exceed 
     $1,000,000 may be made available for the purchase and 
     maintenance of armored vehicles for transportation of 
     protected witnesses; and of which not to exceed $4,000,000 
     may be made available for the purchase, installation and 
     maintenance of a secure, automated information network to 
     store and retrieve the identities and locations of protected 
     witnesses.


           Salaries and Expenses, Community Relations Service

       For necessary expenses of the Community Relations Service, 
     established by title X of the Civil Rights Act of 1964, 
     $5,319,000: Provided, That notwithstanding any other 
     provision of law, upon a determination by the Attorney 
     General that emergent circumstances require additional 
     funding for conflict prevention and resolution activities of 
     the Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances: Provided further, That any transfer 
     pursuant to the previous proviso shall be treated as a 
     reprogramming under section 605 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.


                         Assets Forfeiture Fund

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

                    Radiation Exposure Compensation


                        administrative expenses

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

                      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: 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 2,668 passenger motor 
     vehicles, of which 2,000 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, $2,522,050,000; 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, 2000; of which not less 
     than $233,473,000 shall be for counterterrorism 
     investigations, foreign counterintelligence, and other 
     activities related to our national security; of which not to 
     exceed $61,800,000 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.
       In addition, $433,124,000 for such purposes, to remain 
     available until expended, to be derived from the Violent 
     Crime Reduction Trust Fund, as authorized by the Violent 
     Crime Control and Law Enforcement Act of 1994 as amended, and 
     the Antiterrorism and Effective Death Penalty Act of 1996.


                              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; $1,287,000, 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 1,428 passenger motor vehicles, of which 1,080 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; $802,054,000, 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 
     $5,000,000 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, 2000; and of which not to 
     exceed $50,000 shall be available for official reception and 
     representation expenses.
       In addition, $407,000,000, for such purposes, to remain 
     available until expended, to 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; $1,169,317,000 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, 1999: 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 
     not to exceed 20 permanent positions and 20 full-time 
     equivalent workyears and $1,711,000 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 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: 
     Provided further, That the Border Patrol is authorized to 
     continue helicopter procurement while developing a report on 
     the cost and capabilities of a mixed fleet of manned and 
     unmanned

[[Page S9282]]

     aerial vehicles, helicopters, and fixed-winged aircraft.
       In addition, $1,099,667,000, for such purposes, to remain 
     available until expended, to 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, $110,251,000, 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 763, 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; $2,909,956,000: 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 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, 2000: 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.
       In addition, $9,559,000, for such purposes, to remain 
     available until expended, to 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; 
     $379,197,000, 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.


                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 the Victims of Crime 
     Act of 1984, as amended, and section 822 of the Antiterrorism 
     and Effective Death Penalty Act of 1996, $170,151,000, 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).


               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, $552,000,000, 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 $47,000,000 shall be available to carry out the 
     provisions of chapter A of subpart 2 of part E of title I of 
     said Act, for discretionary grants under the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Programs, 
     including $4,500,000 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''); $2,124,650,000, to remain available until expended, 
     which shall be derived from the Violent Crime Reduction Trust 
     Fund; of which $500,000,000 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 
     $40,000,000 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, hereafter, 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 at the parish level under section 108 of 
     H.R. 728: Provided further, That $20,000,000 shall be 
     available to carry out section 102(2) 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 $350,000,000 
     shall be for the State Criminal Alien Assistance Program, as 
     authorized by section 242(j) of the Immigration and 
     Nationality Act, as amended; of which $711,000,000 shall be 
     for Violent Offender Incarceration and Truth in Sentencing 
     Incentive Grants pursuant to subtitle A of title II of the 
     1994 Act, of which $150,000,000 shall be available for 
     payments to States for incarceration of criminal aliens, of 
     which $25,000,000 shall be available for the Cooperative 
     Agreement Program, and of which $52,000,000 shall be for the 
     construction, renovation and repair of tribal detention 
     facilities; of which $9,000,000 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 $210,750,000 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, and $10,000,000 which shall be used exclusively for 
     violence on college campuses: Provided further, That, of 
     these funds, $5,200,000 shall be provided to the National 
     Institute of Justice for research and evaluation of violence 
     against women, $1,196,000 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, and 
     $10,000,000 shall be available to the Office of

[[Page S9283]]

     Juvenile Justice and Delinquency Prevention for the Safe 
     Start Program, to be administered as authorized by part C of 
     the Juvenile Justice and Delinquency Act of 1974, as amended; 
     of which $30,000,000 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 $5,000,000 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, 
     and for local demonstration projects; 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 $10,000,000 
     shall be for the Tribal Courts Initiative, including $400,000 
     for the establishment of a Sioux Nation Tribal Supreme Court; 
     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 $15,000,000 
     shall be for grants to States and units of local government 
     for projects to improve DNA analysis, as authorized by 
     section 1001(a)(22) of the 1968 Act; of which $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 
     $2,000,000 shall be for Motor Vehicle Theft Prevention 
     Programs, as authorized by section 220002(h) of the 1994 Act; 
     of which $40,000,000 shall be for Drug Courts, as authorized 
     by title V of the 1994 Act; of which $2,000,000 shall be for 
     Law Enforcement Family Support Programs, as authorized by 
     section 1001(a)(21) of the 1968 Act; of which $2,000,000 
     shall be for public awareness programs addressing marketing 
     scams aimed at senior citizens, as authorized by section 
     250005(3) of the 1994 Act; and of which $100,000,000 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, of which $9,523,685 shall be 
     for discretionary grants: 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 1999 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 1999 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, $40,000,000, 
     to remain available until expended, for intergovernmental 
     agreements, including grants, cooperative agreements, and 
     contracts, with State and local law enforcement agencies 
     engaged in the investigation and prosecution of violent 
     crimes and drug offenses in ``Weed and Seed'' designated 
     communities, and for either reimbursements or transfers to 
     appropriation accounts of the Department of Justice and other 
     Federal agencies which shall be specified by the Attorney 
     General to execute the ``Weed and Seed'' program strategy: 
     Provided, That funds designated by Congress through language 
     for other Department of Justice appropriation accounts for 
     ``Weed and Seed'' program activities shall be managed and 
     executed by the Attorney General through the Executive Office 
     for Weed and Seed: Provided further, That the Attorney 
     General may direct the use of other Department of Justice 
     funds and personnel in support of ``Weed and Seed'' program 
     activities only after the Attorney General notifies the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in accordance with section 605 of this Act.

                  Community Oriented Policing Services


                    violent crime reduction programs

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994, Public Law 103-322 (``the 1994 
     Act'') (including administrative costs), $1,400,000,000, to 
     remain available until expended, which shall be derived from 
     the Violent Crime Reduction Trust Fund, for Public Safety and 
     Community Policing Grants pursuant to title I of the 1994 
     Act: Provided, That not to exceed 266 permanent positions and 
     266 full-time equivalent workyears and $34,023,000 shall be 
     expended for program management and administration: Provided 
     further, That of the unobligated balances available in this 
     program, $120,960,000 shall be used for innovative community 
     policing programs, of which $66,960,000 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, $15,500,000 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 $25,000,000 shall 
     be used for the Matching Grant Program for Law Enforcement 
     Armor Vests pursuant to section 2501 of part Y of the Omnibus 
     Crime Control and Safe Streets Act of 1968, as amended: 
     Provided further, That up to $54,000,000 shall be available 
     to improve tribal law enforcement including equipment and 
     training.
       In addition, for activities authorized by the 1994 Act, 
     $40,000,000 for the Police Corps program to remain available 
     until expended, which shall be derived from the Violent Crime 
     Reduction Trust Fund.


                       Juvenile Justice Programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974, as amended, (``the Act''), including 
     salaries and expenses in connection therewith to be 
     transferred to and merged with the appropriations for Justice 
     Assistance, $277,597,000, 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, $6,847,000 shall be available for expenses authorized by 
     part A of title II of the Act, $96,000,000 shall be available 
     for expenses authorized by part B of title II of the Act, and 
     $45,750,000 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) $95,000,000 shall be 
     available for expenses authorized by title V of the Act for 
     incentive grants for local delinquency prevention programs; 
     of which $20,000,000 shall be for delinquency prevention, 
     control, and system improvement programs for tribal youth; of 
     which $25,000,000

[[Page S9284]]

     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: 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: Provided 
     further, That of amounts made available under the Juvenile 
     Justice Programs of the Office of Justice Programs to carry 
     out part B (relating to Federal Assistance for State and 
     Local Programs), subpart II of part C (relating to Special 
     Emphasis Prevention and Treatment Programs), part D (relating 
     to Gang-Free Schools and Communities and Community-Based Gang 
     Intervention), part E (relating to State Challenge 
     Activities), and part G (relating to Mentoring) of title II 
     of the Juvenile Justice and Delinquency Prevention Act of 
     1974, and to carry out the At-Risk Children's Program under 
     title V of that Act, not more than 10 percent of each such 
     amount may be used for research, evaluation, and statistics 
     activities designed to benefit the programs or activities 
     authorized under the appropriate part or title, and not more 
     than 2 percent of each such amount may be used for training 
     and technical assistance activities designed to benefit the 
     programs or activities authorized under that part or title.
       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).

               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. 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. 103. 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. 104. 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 103 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 105. 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. 106. 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. 107. Any amounts credited to the ``Legalization 
     Account'' established under section 245(c)(7)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are 
     transferred to the ``Examinations Fee Account'' established 
     under section 286(m) of that Act (8 U.S.C. 1356(m)).
       Sec. 108. 28 U.S.C. Section 589a(b) is amended--
       (1) by striking ``and'' in paragraph (7);
       (2) by striking the period in paragraph (8) and inserting 
     in lieu thereof ``; and''; and
       (3) by adding a new paragraph as follows:
       ``(9) interest earned on Fund investments.''.
       Sec. 109. Notwithstanding any other provision of law, 
     during fiscal year 1999, the Assistant Attorney General for 
     the Office of Justice Programs of the Department of Justice--
       (1) may make grants, or enter into cooperative agreements 
     and contracts, for the Office of Justice Programs and the 
     component organizations of that Office; and
       (2) shall have final authority over all grants, cooperative 
     agreements, and contracts made, or entered into, for the 
     Office of Justice Programs and the component organizations of 
     that Office.
       Sec. 110. (a) Adjustment of Status.--Section 245(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(i)) is 
     amended--
       (1) in paragraph (1), by amending the first sentence to 
     read as follows: ``Notwithstanding the provisions of 
     subsections (a) and (c) of this section, an alien physically 
     present in the United States who--
       ``(A) entered the United States without inspection; or
       ``(B) is within one of the classes enumerated in subsection 
     (c) of this section,

     may apply to the Attorney General for the adjustment of his 
     or her status to that of an alien lawfully admitted for 
     permanent residence.''; and
       (2) in paragraph (3)(B), by striking ``Breach Bond/
     Detention Fund established under section 286(r)'' and 
     inserting ``Immigration Detention and Naturalization Activity 
     Account established under section 286(s)''.
       (b) Repeal.--
       (1) In general.--Section 245(k) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(k)) is repealed.
       (2) Conforming amendment.--Section 245(c)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)(2)) is 
     amended by striking ``subject to subsection (k),''.
       (c) Immigration Detention and Naturalization Activity 
     Account.--Section 286 of the Immigration and Nationality Act 
     (8 U.S.C. 1356) is amended by adding at the end the following 
     new subsection:
       ``(s) Immigration Detention and Naturalization Activity 
     Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account which shall be known 
     as the `Immigration Detention And Naturalization Activity 
     Account'. Notwithstanding any other section of this title, 
     there shall be deposited as offsetting receipts into the 
     Immigration Detention And Naturalization Activity Account 
     amounts described in section 245(i)(3)(B) to remain available 
     until expended.
       ``(2) Uses of the account.--
       ``(A) In general.--The Secretary of the Treasury shall 
     refund out of the Immigration Detention And Naturalization 
     Activity Account to any appropriation the amount paid out of 
     such appropriation for expenses incurred by the Attorney 
     General for the detention of aliens, for construction 
     relating to such detention, and for activities relating to 
     the naturalization of citizens.
       ``(B) Quarterly refunds; adjustments.--The amounts that are 
     required to be refunded under subparagraph (A) shall be 
     refunded at least quarterly on the basis of estimates made by 
     the Attorney General of the expenses referred to in 
     subparagraph (A). Proper adjustments shall be made in the 
     amounts subsequently refunded under subparagraph (A) to the 
     extent prior estimates were in excess of, or less than, the 
     amount required to be refunded under subparagraph (A).
       ``(C) Estimates in budget requests.--The amounts required 
     to be refunded from the Immigration Detention And 
     Naturalization Activity Account for fiscal year 1999 or any 
     fiscal year thereafter shall be refunded in accordance with 
     estimates made in the budget request of the Attorney General 
     for that fiscal year. Any proposed changes in the amounts 
     designated in such budget requests shall only be made after 
     notification to the Committees on Appropriations of the House 
     of Representatives and the Senate in accordance with section 
     605 of Public Law 104-134.
       ``(3) Annual reports.--The Attorney General shall annually 
     submit to Congress a report setting forth--
       ``(A) the financial condition of the Immigration Detention 
     And Naturalization Activity Account for the current fiscal 
     year, including beginning account balance, revenues, 
     withdrawals, and ending account balance; and
       ``(B) projections for revenues, withdrawals, and the 
     beginning and ending account balances for the next fiscal 
     year.''.
       (d) Effective Date.--The amendment made by subsection (a) 
     shall apply to applications for adjustment of status filed on 
     or after the end of the 90-day period beginning on the date 
     of enactment of this Act.
       Sec. 111. Notwithstanding any other provision of law, with 
     respect to any grant program for which amounts are made 
     available under this title, the term ``tribal'' means of or 
     relating to an Indian tribe (as that term is defined in 
     section 102(2) of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 479a(2))).
       Sec. 112. Section 286(e)(1)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(e)(1)(C)) is amended by 
     inserting ``State'' and a comma immediately before 
     ``territory''.
       Sec. 113. For fiscal year 1999 and thereafter, the Director 
     of the Bureau of Prisons may make expenditures out of the 
     Commissary Fund of the Federal Prison System,

[[Page S9285]]

     regardless of whether any such expenditure is security-
     related, for programs, goods, and services for the benefit of 
     inmates (to the extent the provision of those programs, 
     goods, or services to inmates is not otherwise prohibited by 
     law), including--
       (1) the installation, operation, and maintenance of the 
     Inmate Telephone System;
       (2) the payment of all the equipment purchased or leased in 
     connection with the Inmate Telephone System; and
       (3) the salaries, benefits, and other expenses of personnel 
     who install, operate, and maintain the Inmate Telephone 
     System.
       Sec. 114. (a)(1) Notwithstanding any other provision of 
     law, for fiscal year 1999 and thereafter, the Attorney 
     General may obligate any funds appropriated for or reimbursed 
     to the Counterterrorism programs, projects or activities of 
     the Department of Justice to purchase or lease equipment or 
     any related items, or to acquire interim services, without 
     regard to any otherwise applicable Federal acquisition rule, 
     if the Attorney General determines that--
       (A) there is an exigent need for the equipment, related 
     items, or services in order to support an ongoing 
     counterterrorism, national security, or computer-crime 
     investigation or prosecution;
       (B) the equipment, related items, or services required are 
     not available within the Department of Justice; and
       (C) adherence to that Federal acquisition rule would--
       (i) delay the timely acquisition of the equipment, related 
     items, or services; and
       (ii) adversely affect an ongoing counterterrorism, national 
     security, or computer-crime investigation or prosecution.
       (2) In this subsection, the term ``Federal acquisition 
     rule'' means any provision of title II or IX of the Federal 
     Property and Administrative Services Act of 1949, the Office 
     of Federal Procurement Policy Act, the Small Business Act, 
     the Federal Acquisition Regulation, or any other provision of 
     law or regulation that establishes policies, procedures, 
     requirements, conditions, or restrictions for procurements by 
     the head of a department or agency or the Federal Government.
       (b) The Attorney General shall immediately notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in writing of each expenditure under 
     subsection (a), which notification shall include sufficient 
     information to explain the circumstances necessitating the 
     exercise of the authority under that subsection.
       Sec. 115. Section 210501(b)(1)(A) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 
     14151(b)(1)(A)) is amended by inserting ``and provide 
     investigative assistance to tribal law enforcement agencies'' 
     before the semicolon.
       Sec. 116. (a) Section 110 of division C of Public Law 104-
     208 is repealed.
       (b)(1) Paragraph (2) of section 104(b) of that Act is 
     amended to read as follows:
       ``(2) Clause b.--Clause (B) of such sentence shall apply as 
     follows:
       ``(A) As of October 1, 2000, to not less than 25 percent of 
     the border crossing identification cards in circulation as of 
     April 1, 1998.
       ``(B) As of October 1, 2001, to not less than 50 percent of 
     such cards in circulation as of April 1, 1998.
       ``(C) As of October 1, 2002, to not less than 75 percent of 
     such cards in circulation as of April 1, 1998.
       ``(D) As of October 1, 2003, to all such cards in 
     circulation as of April 1, 1998.''.
       (2) Such section 104(b) is further amended by adding at the 
     end the following:
       ``(3) If the Secretary of State and the Attorney General 
     jointly determine that sufficient capacity exists to replace 
     border crossing identification cards in advance of any of the 
     deadlines otherwise provided for under paragraph (2), the 
     Secretary and the Attorney General may by regulation advance 
     such deadlines.''.
       Sec. 117. (a) The President shall, with the submission of 
     the President's fiscal year 2000 budget request, submit a 
     Chapter in the Analytical Perspectives Volume (referred to in 
     this section as the ``Chapter'') presenting the specific 
     dollar amounts budgeted, by appropriation account and by line 
     item, for counterterrorism and antiterrorism programs, 
     projects, or activities.
       (b) The Chapter shall provide a narrative outline of the 
     content of, and detail the amounts budgeted for, each 
     program, project, or activity for fiscal years 1998, 1999, 
     2000, and the succeeding 5 years of the Federal 
     Counterterrorism Strategy.
       (c) If the President determines that certain portions of 
     the information contained in the Chapter are of a sensitive, 
     classified nature, then the President shall submit to 
     Congress a classified version of the Chapter along with the 
     unclassified version published in the Analytical Perspectives 
     Volume of the President's fiscal year 2000 budget request.
       Sec. 118. Section 402(a) of the Controlled Substances Act 
     (21 U.S.C. 842(a)) is amended--
       (1) in paragraph (5), by inserting ``knowingly'' after 
     ``(5)''; and
       (2) in paragraph (10), by inserting ``knowingly'' after 
     ``(10)''.
       Sec. 119. Section 402(c)(1) of the Controlled Substances 
     Act (21 U.S.C. 842(c)(1)) is amended--
       (1) by striking ``Except as provided in paragraph (2), any 
     person who violates this section shall'' and inserting ``(A) 
     Subject to subparagraph (B) of this paragraph and paragraph 
     (2), any person who violates this section may''; and
       (2) by adding at the end the following:
       ``(B) In the case of a violation of paragraph (5) or (10) 
     of subsection (a) in which, a result of the violation, no 
     unauthorized person obtains unlawful control of a controlled 
     substance, the civil penalty shall be not more than $500.''.
       Sec. 120. The General Accounting Office shall--
       (1) monitor the compliance of the Department of Justice and 
     all United States Attorneys with the ``Guidance on the Use of 
     the False Claims Act in Civil Health Care Matters'' issued by 
     the Department of Justice on June 3, 1998, including any 
     revisions to that guidance; and
       (2) not later than February 1, 1999, and again not later 
     than August 2, 1999, submit a report on such compliance to 
     the Committees on the Judiciary and the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.
       Sec. 121. Firearms Safety. (a) Secure Gun Storage Device.--
     Section 921(a) of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(34) The term `secure gun storage or safety device' 
     means--
       ``(A) a device that, when installed on a firearm, is 
     designed to prevent the firearm from being operated without 
     first deactivating the device;
       ``(B) a device incorporated into the design of the firearm 
     that is designed to prevent the operation of the firearm by 
     anyone not having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that is designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Certification Required in Application for Dealer's 
     License.--Section 923(d)(1) of title 18, United States Code, 
     is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) in the case of an application to be licensed as a 
     dealer, the applicant certifies that secure gun storage or 
     safety devices will be available at any place in which 
     firearms are sold under the license to persons who are not 
     licensees (subject to the exception that in any case in which 
     a secure gun storage or safety device is temporarily 
     unavailable because of theft, casualty loss, consumer sales, 
     backorders from a manufacturer, or any other similar reason 
     beyond the control of the licensee, the dealer shall not be 
     considered to be in violation of the requirement under this 
     subparagraph to make available such a device).''.
       (c) Revocation of Dealer's License for Failure To Have 
     Secure Gun Storage or Safety Devices Available.--The first 
     sentence of section 923(e) of title 18, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``or fails to have secure gun storage or safety 
     devices available at any place in which firearms are sold 
     under the license to persons who are not licensees (except 
     that in any case in which a secure gun storage or safety 
     device is temporarily unavailable because of theft, casualty 
     loss, consumer sales, backorders from a manufacturer, or any 
     other similar reason beyond the control of the licensee, the 
     dealer shall not be considered to be in violation of the 
     requirement to make available such a device)''.
       (d) Statutory Construction; Evidence.--
       (1) Statutory construction.--Nothing in the amendments made 
     by this section shall be construed--
       (A) as creating a cause of action against any firearms 
     dealer or any other person for any civil liability; or
       (B) as establishing any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.
       Sec. 122. Firearm Safety Education Grants. (a) In 
     General.--Section 510 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3760) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) undertaking educational and training programs for--
       ``(A) criminal justice personnel; and
       ``(B) the general public, with respect to the lawful and 
     safe ownership, storage, carriage, or use of firearms, 
     including the provision of secure gun storage or safety 
     devices;'';
       (2) in the first sentence of subsection (b), by inserting 
     before the period the following: ``and is authorized to make 
     grants to, or enter into contracts with, those persons and 
     entities to carry out the purposes specified in subsection 
     (a)(1)(B) in accordance with subsection (c)''; and
       (3) by adding at the end the following:
       ``(c)(1) In accordance with this subsection, the Director 
     may make a grant to, or enter into a contract with, any 
     person or entity referred to in subsection (b) to provide for 
     a firearm safety program that, in a manner consistent with 
     subsection (a)(1)(B), provides for general public training 
     and dissemination of information concerning firearm safety, 
     secure gun storage, and the lawful ownership, carriage, or 
     use of firearms, including the provision of secure gun 
     storage or safety devices.

[[Page S9286]]

       ``(2) Funds made available under a grant under paragraph 
     (1) may not be used (either directly or by supplanting non-
     Federal funds) for advocating or promoting gun control, 
     including making communications that are intended to directly 
     or indirectly affect the passage of Federal, State, or local 
     legislation intended to restrict or control the purchase or 
     use of firearms.
       ``(3) Except as provided in paragraph (4), each firearm 
     safety program that receives funding under this subsection 
     shall provide for evaluations that shall be developed 
     pursuant to guidelines that the Director of the National 
     Institute of Justice of the Department of Justice, in 
     consultation with the Director of the Bureau of Justice 
     Assistance and recognized private entities that have 
     expertise in firearms safety, education and training, shall 
     establish.
       ``(4) With respect to a firearm safety program that 
     receives funding under this section, the Director may waive 
     the evaluation requirement described in paragraph (3) if the 
     Director determines that the program--
       ``(A) is not of a sufficient size to justify an evaluation; 
     or
       ``(B) is designed primarily to provide material resources 
     and supplies, and that activity would not justify an 
     evaluation.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of--
       (1) October 1, 1998; or
       (2) the date of enactment of this Act.
       Sec. 123. Firearms. Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d), by striking paragraph (5) and 
     inserting the following:
       ``(5) who, being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in subsection (y)(2), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26)));'';
       (2) in subsection (g), by striking paragraph (5) and 
     inserting the following:
       ``(5) who, being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in subsection (y)(2), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26)));'';
       (3) in subsection (s)(3)(B), by striking clause (v) and 
     inserting the following:
       ``(v) is not an alien who--

       ``(I) is illegally or unlawfully in the United States; or
       ``(II) subject to subsection (y)(2), has been admitted to 
     the United States under a nonimmigrant visa (as that term is 
     defined in section 101(a)(26) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(26)));''; and

       (4) by inserting after subsection (x) the following:
       ``(y) Provisions Relating to Aliens Admitted Under 
     Nonimmigrant Visas.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `alien' has the same meaning as in section 
     101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(3)); and
       ``(B) the term `nonimmigrant visa' has the same meaning as 
     in section 101(a)(26) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(26)).
       ``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and 
     (s)(3)(B)(v)(II) do not apply to any alien who has been 
     lawfully admitted to the United States under a nonimmigrant 
     visa, if that alien is--
       ``(A) admitted to the United States for lawful hunting or 
     sporting purposes or is in possession of a hunting license or 
     permit lawfully issued in the United States;
       ``(B) an official representative of a foreign government 
     who is--
       ``(i) accredited to the United States Government or the 
     Government's mission to an international organization having 
     its headquarters in the United States; or
       ``(ii) en route to or from another country to which that 
     alien is accredited;
       ``(C) an official of a foreign government or a 
     distinguished foreign visitor who has been so designated by 
     the Department of State; or
       ``(D) a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business.
       ``(3) Waiver.--
       ``(A) Conditions for waiver.--Any individual who has been 
     admitted to the United States under a nonimmigrant visa may 
     receive a waiver from the requirements of subsection (g)(5), 
     if--
       ``(i) the individual submits to the Attorney General a 
     petition that meets the requirements of subparagraph (C); and
       ``(ii) the Attorney General approves the petition.
       ``(B) Petition.--Each petition under subparagraph (B) 
     shall--
       ``(i) demonstrate that the petitioner has resided in the 
     United States for a continuous period of not less than 180 
     days before the date on which the petition is submitted under 
     this paragraph; and
       ``(ii) include a written statement from the embassy or 
     consulate of the petitioner, authorizing the petitioner to 
     acquire a firearm or ammunition and certifying that the alien 
     would not, absent the application of subsection (g)(5)(B), 
     otherwise be prohibited from such acquisition under 
     subsection (g).
       ``(C) Approval of petition.--The Attorney General shall 
     approve a petition submitted in accordance with this 
     paragraph, if the Attorney General determines that waiving 
     the requirements of subsection (g)(5)(B) with respect to the 
     petitioner--
       ``(i) would be in the interests of justice; and
       ``(ii) would not jeopardize the public safety.''.
       Sec. 124. Mental Health Screening and Treatment for 
     Prisoners. (a) Additional Requirements for the Use of Funds 
     Under the Violent Offender Incarceration and Truth-in-
     Sentencing Grants Program.--Section 20105(b) of the Violent 
     Crime Control and Law Enforcement Act of 1994 is amended to 
     read as follows:
       ``(b) Additional Requirements.--
       ``(1) Eligibility for grant.--To be eligible to receive a 
     grant under section 20103 or 20104, a State shall, not later 
     than January 1, 1999, have a program of mental health 
     screening and treatment for appropriate categories of 
     convicted juvenile and other offenders during periods of 
     incarceration and juvenile and criminal justice supervision, 
     that is consistent with guidelines issued by the Attorney 
     General.
       ``(2) Use of funds.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subtitle, amounts made available to a State under 
     section 20103 or 20104 may be applied to the costs of 
     programs described in paragraph (1), consistent with 
     guidelines issued by the Attorney General.
       ``(B) Additional use.--In addition to being used as 
     specified in subparagraph (A), the funds referred to in that 
     subparagraph may be used by a State to pay the costs of 
     providing to the Attorney General a baseline study on the 
     mental health problems of juvenile offenders and prisoners in 
     the State, which study shall be consistent with guidelines 
     issued by the Attorney General.''.
       Sec. 125. Section 3486(a)(1) of title 18, United States 
     Code, is amended by inserting ``or any act or activity 
     involving a Federal offense relating to the sexual 
     exploitation or other abuse of children,'' after ``health 
     care offense,''.
       Sec. 126. Section 505 of the Incentive Grants for Local 
     Delinquency Prevention Programs Act (42 U.S.C. 5784) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) court supervised initiatives that address the illegal 
     possession of firearms by juveniles.''; and
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``demonstrate ability in'';
       (B) in paragraph (1), by inserting ``have in effect'' after 
     ``(1)'';
       (C) in paragraph (2)--
       (i) by inserting ``have developed'' after ``(2)''; and
       (ii) by striking ``and'' at the end;
       (D) in paragraph (3)--
       (i) by inserting ``are actively'' after ``(3)''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (E) by adding at the end the following:
       ``(4) have in effect a policy or practice that requires 
     State and local law enforcement agencies to detain for not 
     less than 24 hours any juvenile who unlawfully possesses a 
     firearm in a school, upon a finding by a judicial officer 
     that the juvenile may be a danger to himself or herself, or 
     to the community.''.
       Sec. 127. Intensive Firearms Enforcement Initiatives. 
     (a)(1) The Secretary of the Treasury shall endeavor to expand 
     the number of cities and counties directly participating in 
     the Youth Crime Gun Interdiction Initiative, as enhanced in 
     this section (and referred hereafter to as ``YCGII/Exile'') 
     to 50 cities or counties by October 1, 2000, to 75 cities or 
     counties by October 1, 2002, and to 150 cities or counties by 
     October 1, 2003.
       (2) Cities and counties selected for participation in the 
     YCGII/Exile shall be selected by the Secretary of the 
     Treasury and in consultation with Federal, State and local 
     law enforcement officials. Not later than February 1, 1999, 
     the Secretary shall deliver to the Congress, through the 
     Chairman of each Committee on Appropriations, a full report, 
     empirically based, explaining the impact of the pre-existing 
     youth crime gun interdiction initiative on Federal firearms 
     related offenses. The report shall also state in detail the 
     plans by the Secretary to implement this section and the 
     establishment of YCGII/Exile program.
       (b)(1) The Secretary of the Treasury shall, utilizing the 
     information provided by the YCGII/Exile, facilitate the 
     identification and prosecution of individuals--
       (A) illegally transferring firearms to individuals, 
     particularly to those who have not attained 24 years of age, 
     or in violation of the Youth Handgun Safety Act; and
       (B) illegally possessing firearms, particularly in 
     violation of section 922(g) (1)-(2) of title 18, United 
     States Code, or in violation of any provision in section 924 
     of title 18, United States Code, in connection with a serious 
     drug offense or violent felony, as those terms are used in 
     that section.
       (2) Within funds appropriated in this Act for necessary 
     expenses of the Offices of United States Attorneys, 
     $1,500,000 shall be available for the Attorney General to 
     hire additional assistant United States Attorneys and 
     investigators in the City of Philadelphia, Pennsylvania, for 
     a demonstration project to identify and prosecute individuals 
     in possession of firearms in violation of Federal law.

[[Page S9287]]

       (3) The Attorney General, and the United States Attorneys, 
     shall give the highest possible prosecution priority to the 
     offenses stated in this subsection.
       (4) The Secretary of the Treasury shall share information 
     derived from the YCGII/Exile with State and local law 
     enforcement agencies through on-line computer access, as soon 
     as such capability is available.
       (c)(1) The Secretary of the Treasury shall award grants (in 
     the form of funds or equipment) to States, cities, and 
     counties for purposes of assisting such entities in the 
     tracing of firearms and participation in the YCGII/Exile.
       (2) Grants made under this part shall be used--
       (A) to hire additional law enforcement personnel for the 
     purpose of enhanced efforts in identifying and arresting 
     individuals for the firearms offenses stated in subsection 
     (b); and
       (B) to purchase additional equipment, including automatic 
     data processing equipment and computer software and hardware, 
     for the timely submission and analysis of tracing data.
       Sec. 128. Section 170102 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
       (1) in subsection (a)(2), by striking ``or'';
       (2) in subsection (g)(3), by striking ``minimally 
     sufficient'' and inserting ``State sexual offender''; and
       (3) by amending subsection (i) to read as follows:
       ``(i) Penalty.--A person who is--
       ``(1) required to register under paragraph (1), (2), or (3) 
     of subsection (g) of this section and knowingly fails to 
     comply with this section;
       ``(2) required to register under a sexual offender 
     registration program in the person's State of residence and 
     knowingly fails to register in any other State in which the 
     person is employed, carries on a vocation, or is a student;
       ``(3) described in section 4042(c)(4) of title 18, United 
     States Code, and knowingly fails to register in any State in 
     which the person resides, is employed, carries on a vocation, 
     or is a student following release from prison or sentencing 
     to probation; or
       ``(4) sentenced by a court martial for conduct in a 
     category specified by the Secretary of Defense under section 
     115(a)(8)(C) of title I of Public Law 105-119, and knowingly 
     fails to register in any State in which the person resides, 
     is employed, carries on a vocation, or is a student following 
     release from prison or sentencing to probation, shall, in the 
     case of a first offense under this subsection, be imprisoned 
     for not more than 1 year and, in the case of a second or 
     subsequent offense under this subsection, be imprisoned for 
     not more than 10 years.''.
       Sec. 129. (a) In General.--Section 200108 of the Police 
     Corps Act (42 U.S.C. 14097) is amended by striking subsection 
     (b) and inserting the following:
       ``(b) Training Sessions.--A participant in a State Police 
     Corps program shall attend up to 24 weeks, but no less than 
     16 weeks, of training at a residential training center. The 
     Director may approve training conducted in not more than 3 
     separate sessions.''.
       (b) Conforming Amendment.--Section 200108 (c) of the Police 
     Corps Act (42 U.S.C. 14097(c)) is amended by striking ``16 
     weeks of''.
       (c) Reauthorization.--Section 200112 of the Police Corps 
     Act (42 U.S.C. 14101) is amended by striking ``$20,000'' and 
     all that follows before the period and inserting 
     ``$50,000,000 for fiscal year 1999, $70,000,000 for fiscal 
     year 2000, $90,000,000 for fiscal year 2001, and $90,000,000 
     for fiscal year 2002''.
       Sec. 130. Internet Predator Prevention. (a) Prohibition and 
     Penalties.--Chapter 110 of title 18, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 2261. Publication of identifying information relating 
       to a minor for criminal sexual purposes

       ``(a) Definition of Identifying Information Relating to a 
     Minor.--In this section, the term `identifying information 
     relating to a minor' includes the name, address, telephone 
     number, social security number, or e-mail address of a minor.
       ``(b) Prohibition and Penalties.--Whoever, through the use 
     of any facility in or affecting interstate or foreign 
     commerce (including any interactive computer service) 
     publishes, or causes to be published, any identifying 
     information relating to a minor who has not attained the age 
     of 17 years, for the purpose of soliciting any person to 
     engage in any sexual activity for which the person can be 
     charged with criminal offense under Federal or State law, 
     shall be imprisoned not less than 1 and not more than 5 
     years, fined under this title, or both.''.
       (b) Technical Amendment.--The analysis for chapter 110 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``2261. Publication of identifying information relating to a minor for 
              criminal sexual purposes.''.

       Sec. 131. Transfer of County.-- (a) Section 118 of title 
     28, United States Code, is amended--
       (1) in subsection (a) by striking ``Philadelphia, and 
     Schuylkill'' and inserting ``and Philadelphia''; and
       (2) in subsection (b) by inserting ``Schuylkill,'' after 
     ``Potter,''.
       (b) Effective Date.--
       (1) In general.--This section and the amendments made by 
     this section shall take effect 180 days after the date of the 
     enactment of this Act.
       (2) Pending cases not affected.--This section and the 
     amendments made by this section shall not affect any action 
     commenced before the effective date of this section and 
     pending on such date in the United States District Court for 
     the Eastern District of Pennsylvania.
       (3) Juries not affected.--This section and the amendments 
     made by this section shall not affect the composition, or 
     preclude the service, of any grand or petit jury summoned, 
     impaneled, or actually serving on the effective date of this 
     section.
       Sec. 132. Special Masters for Civil Actions concerning 
     Prison Conditions. Section 3626(f) of title 18, United States 
     Code, is amended--
       (1) by striking the subsection heading and inserting the 
     following:
       ``(f) Special Masters For Civil Actions Concerning Prison 
     Conditions.--''; and
       (2) in paragraph (4)--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) in subparagraph (A), as so designated, by adding at the 
     end the following: ``In no event shall a court require a 
     party to a civil action under this subsection to pay the 
     compensation, expenses, or costs of a special master. 
     Notwithstanding any other provision of law (including section 
     306 of the Act entitled `An Act making appropriations for the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and related agencies for the fiscal year ending September 30, 
     1997,' contained in section 101(a) of title I of division A 
     of the Act entitled `An Act making omnibus consolidated 
     appropriations for the fiscal year ending September 30, 1997' 
     (110 Stat. 3009-201)) and except as provided in subparagraph 
     (B), the requirement under the preceding sentence shall apply 
     to the compensation and payment of expenses or costs of a 
     special master for any action that is commenced, before, on, 
     or after the date of enactment of the Prison Litigation 
     Reform Act of 1995.''; and
       (C) by adding at the end the following:
       ``(B) The payment requirements under subparagraph (A) shall 
     not apply to the payment to a special master who was 
     appointed before the date of enactment of the Prison 
     Litigation Reform Act of 1995 (110 Stat. 1321-165 et seq.) of 
     compensation, expenses, or costs relating to activities of 
     the special master under this subsection that were carried 
     out during the period beginning on the date of enactment of 
     the Prison Litigation Reform Act of 1995 and ending on the 
     date of enactment of this subparagraph.''.
       Sec. 133. Criminal Background Checks for Applicants for 
     Employment in Nursing Facilities and Home Health Care 
     Agencies. (a) Authority to Conduct Background Checks.--
       (1) In general.--A nursing facility or home health care 
     agency may submit a request to the Attorney General to 
     conduct a search and exchange of records described in 
     subsection (b) regarding an applicant for employment if the 
     employment position is involved in direct patient care.
       (2) Submission of requests.--A nursing facility or home 
     health care agency requesting a search and exchange of 
     records under this section shall submit to the Attorney 
     General a copy of an employment applicant's fingerprints, a 
     statement signed by the applicant authorizing the nursing 
     facility or home health care agency to request the search and 
     exchange of records, and any other identification information 
     not more than 7 days (excluding Saturdays, Sundays, and legal 
     public holidays under section 6103(a) of title 5, United 
     States Code) after acquiring the fingerprints, signed 
     statement, and information.
       (b) Search and Exchange of Records.--Pursuant to any 
     submission that complies with the requirements of subsection 
     (a), the Attorney General shall search the records of the 
     Criminal Justice Information Services Division of the Federal 
     Bureau of Investigation for any criminal history records 
     corresponding to the fingerprints or other identification 
     information submitted. The Attorney General shall provide any 
     corresponding information resulting from the search to the 
     appropriate State or local governmental agency authorized to 
     receive such information.
       (c) Use of Information.--Information regarding an applicant 
     for employment in a nursing facility or home health care 
     agency obtained pursuant to this section may be used only by 
     the facility or agency requesting the information and only 
     for the purpose of determining the suitability of the 
     applicant for employment by the facility or agency in a 
     position involved in direct patient care.
       (d) Fees.--The Attorney General may charge a reasonable 
     fee, not to exceed $50 per request, to any nursing facility 
     or home health care agency requesting a search and exchange 
     of records pursuant to this section to cover the cost of 
     conducting the search and providing the records.
       (e) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to Congress on the number of requests for searches and 
     exchanges of records made under this section by nursing 
     facilities and home health care agencies and the disposition 
     of such requests.
       (f) Criminal Penalty.--Whoever knowingly uses any 
     information obtained pursuant to this section for a purpose 
     other than as authorized under subsection (c) shall be fined 
     in accordance with title 18, United States Code, imprisoned 
     for not more than 2 years, or both.

[[Page S9288]]

       (g) Immunity From Liability.--A nursing facility or home 
     health care agency that, in denying employment for an 
     applicant, reasonably relies upon information provided by the 
     Attorney General pursuant to this section shall not be liable 
     in any action brought by the applicant based on the 
     employment determination resulting from the incompleteness or 
     inaccuracy of the information.
       (h) Regulations.--The Attorney General may promulgate such 
     regulations as are necessary to carry out this section, 
     including regulations regarding the security, 
     confidentiality, accuracy, use, destruction, and 
     dissemination of information, audits and recordkeeping, the 
     imposition of fees necessary for the recovery of costs, and 
     any necessary modifications to the definitions contained in 
     subsection (i).
       (i) Definitions.--In this section:
       (1) Home health care agency.--The term ``home health care 
     agency'' means an agency that provides home health care or 
     personal care services on a visiting basis in a place of 
     residence.
       (2) Nursing facility.--The term ``nursing facility'' means 
     a facility or institution (or a distinct part of an 
     institution) that is primarily engaged in providing to 
     residents of the facility or institution nursing care, 
     including skilled nursing care, and related services for 
     individuals who require medical or nursing care.
       (j) Applicability.--This section shall apply without fiscal 
     year limitation.
       Sec. 134. None of the funds made available to the 
     Department of Justice under this Act may be used for any 
     expense relating to, or as reimbursement for any expense 
     incurred in connection with, any foreign travel by an officer 
     or employee of the Antitrust Division of the Department of 
     Justice, if that foreign travel is for the purpose, in whole 
     or in part, of soliciting or otherwise encouraging any 
     antitrust action by a foreign country against a United States 
     company that is a defendant in any antitrust action pending 
     in the United States in which the United States is a 
     plaintiff: Provided, however, that this section shall not--
     (1) limit the ability of the Department to investigate 
     potential violations of United States antitrust laws; or (2) 
     prohibit assistance authorized pursuant to sections 6201-6212 
     of title 15, United States Code, or pursuant to a ratified 
     treaty between the United States and a foreign government, or 
     other international agreement to which the United States is a 
     party.
       Sec. 135. Exception to Grounds of Removal. Section 237 of 
     the Immigration and Nationality Act (8 U.S.C. 1227) is 
     amended by adding at the end the following new subsection:
       ``(d) This section shall not apply to any alien who was 
     issued a visa or otherwise acquired the status of an alien 
     lawfully admitted to the United States for permanent 
     residence under section 201(b)(2)(A)(i) as an orphan 
     described in section 101(b)(1)(F), unless that alien has 
     knowingly declined United States citizenship.''.
       Sec. 136. Protection of Personal and Financial Information 
     of Corrections Officers. Notwithstanding any other provision 
     of law, in any action brought by a prisoner under section 
     1979 of the Revised Statutes (42 U.S.C. 1983) against a 
     Federal, State, or local jail, prison, or correctional 
     facility, or any employee or former employee thereof, arising 
     out of the incarceration of that prisoner--
       (1) the financial records of a person employed or formerly 
     employed by the Federal, State, or local jail, prison, or 
     correctional facility, shall not be subject to disclosure 
     without the written consent of that person or pursuant to a 
     court order, unless a verdict of liability has been entered 
     against that person; and
       (2) the home address, home phone number, social security 
     number, identity of family members, personal tax returns, and 
     personal banking information of a person described in 
     paragraph (1), and any other records or information of a 
     similar nature relating to that person, shall not be subject 
     to disclosure without the written consent of that person, or 
     pursuant to a court order.
       Sec. 137. Extension of Temporary Protected Status for 
     Certain Nationals of Liberia. (a) Continuation of Status.--
     Notwithstanding any other provision of law, any alien 
     described in subsection (b) who, as of the date of enactment 
     of this Act, is registered for temporary protected status in 
     the United States under section 244(c)(1)(A)(iv) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1254a(c)(1)(A)(iv)), or any predecessor law, order, or 
     regulation, shall be entitled to maintain that status through 
     September 30, 1999.
       (b) Covered Aliens.--An alien referred to in subsection (a) 
     is a national of Liberia or an alien who has no nationality 
     and who last habitually resided in Liberia.
       Sec. 138. Adjustment of Status of Certain Asylees in Guam. 
     (a) Adjustment of Status.--
       (1) Exemption from numerical limitations.--The numerical 
     limitation set forth in section 209(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1159(b)) shall not apply to any 
     alien described in subsection (b).
       (2) Limitation on fees.--
       (A) In general.--Any alien described in subsection (b) who 
     applies for adjustment of status to that of an alien lawfully 
     admitted for permanent residence under section 209(b) of that 
     Act shall not be required to pay any fee for employment 
     authorization or for adjustment of status in excess of the 
     fee imposed on a refugee admitted under section 207(a) of 
     that Act for employment authorization or adjustment of 
     status.
       (B) Effective date.--This paragraph shall apply to 
     applications for employment authorization or adjustment of 
     status filed before, on, or after the date of enactment of 
     this Act.
       (b) Covered Aliens.--An alien described in subsection (a) 
     is an alien who was a United States Government employee, 
     employee of a nongovernmental organization based in the 
     United States, or other Iraqi national who was moved to Guam 
     by the United States Government in 1996 or 1997 pursuant to 
     an arrangement made by the United States Government, and who 
     was granted asylum in the United States under section 208(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1158(a)).
       Sec. 139. For fiscal year 1999 and thereafter, for any 
     report which is required or authorized by this Act to be 
     submitted or delivered to the Committee on Appropriations of 
     the Senate or of the House of Representatives by the 
     Department of Justice or any component, agency, or bureau 
     thereof, or which concerns matters within the jurisdiction of 
     the Committee on the Judiciary of the Senate or of the House 
     of Representatives, a copy of such report shall be submitted 
     to the Committees on the Judiciary of the Senate and of the 
     House of Representatives concurrently as the report is 
     submitted to the Committee on Appropriations of the Senate or 
     of the House of Representatives.
       Sec. 140. (a) In General.--Part T of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 is amended--
       (1) in section 2001 (42 U.S.C. 3796gg)--
       (A) in subsection (a)--
       (i) by inserting ``, including older women'' after ``combat 
     violent crimes against women''; and
       (ii) by inserting ``, including older women'' before the 
     period; and
       (B) in subsection (b)--
       (i) in the matter before subparagraph (A), by inserting ``, 
     including older women'' after ``against women'';
       (ii) in paragraph (6), by striking ``and' after the 
     semicolon;
       (iii) in paragraph (7), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(8) developing, through the oversight of the State 
     administrator, a curriculum to train and assist law 
     enforcement officers, prosecutors, and relevant officers of 
     Federal, State, tribal, and local courts in recognizing, 
     addressing, investigating, and prosecuting instances 
     involving elder domestic abuse, including domestic violence 
     and sexual assault against older individuals.'';
       (2) in section 2002(c)(2) (42 U.S.C. 3796gg-1), by 
     inserting ``and elder domestic abuse experts'' after ``victim 
     services programs''; and
       (3) in section 2003 (42 U.S.C. 3796gg-2)--
       (A) in paragraph (7), by striking ``and' after the 
     semicolon;
       (B) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(9) the term `elder' has the same meaning as the term 
     `older individual' in section 102 of the Older Americans Act 
     of 1965 (42 U.S.C. 3002); and
       ``(10) the term `domestic abuse' means an act or threat of 
     violence, not including an act of self-defense, committed 
     by--
       ``(A) a current or former spouse of the victim;
       ``(B) a person related by blood or marriage to the victim;
       ``(C) a person who is cohabitating with or has cohabitated 
     with the victim;
       ``(D) a person with whom the victim shares a child in 
     common;
       ``(E) a person who is or has been in the social 
     relationship of a romantic or intimate nature with the 
     victim; and
       ``(F) a person similarly situated to a spouse of the 
     victim, or by any other person;
     if the domestic or family violence laws of the jurisdiction 
     of the victim provide for legal protection of the victim from 
     the person.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to grants beginning with fiscal year 1999.
       Sec. 141. Child Exploitation Sentencing Enhancement. (a) 
     Definitions.--In this section:
       (1) Child; children.--The term ``child'' or ``children'' 
     means a minor or minors of an age specified in the applicable 
     provision of title 18, United States Code, that is subject to 
     review under this section.
       (2) Minor.--The term ``minor'' means any individual who has 
     not attained the age of 18, except that, with respect to 
     references to section 2243 of title 18, United States Code, 
     the term means an individual described in subsection (a) of 
     that section.
       (b) Increased Penalties For Use of a Computer In the Sexual 
     Abuse or Exploitation of a Child.--Pursuant to the authority 
     granted to the United States Sentencing Commission under 
     section 994(p) of title 28, United States Code, the United 
     States Sentencing Commission shall--
       (1) review the Federal sentencing guidelines on aggravated 
     sexual abuse under section 2241 of title 18, United States 
     Code, sexual abuse under section 2242 of title 18, United 
     States Code, sexual abuse of a minor or ward under section 
     2243 of title 18, United States Code, coercion and enticement 
     of a juvenile under section 2422(b) of title 18, United 
     States Code, and transportation of minors under section 2423 
     of title 18, United States Code; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal sentencing guidelines to 
     provide

[[Page S9289]]

     an appropriate sentencing enhancement if the defendant used a 
     computer with the intent to persuade, induce, entice, or 
     coerce a child of an age specified in the applicable 
     provision referred to in paragraph (1) to engage in any 
     prohibited sexual activity.
       (c) Increased Penalties For Knowing Misrepresentation In 
     the Sexual Abuse or Exploitation of a Child.--Pursuant to the 
     authority granted to the United States Sentencing Commission 
     under section 994(p) of title 28, United States Code, the 
     United States Sentencing Commission shall--
       (1) review the Federal sentencing guidelines on aggravated 
     sexual abuse under section 2241 of title 18, United States 
     Code, sexual abuse under section 2242 of title 18, United 
     States Code, sexual abuse of a minor or ward under section 
     2243 of title 18, United States Code, coercion and enticement 
     of a juvenile under section 2422(b) of title 18, United 
     States Code, and transportation of minors under section 2423 
     of title 18, United States Code; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement if the 
     defendant knowingly misrepresented the actual identity of the 
     defendant with the intent to persuade, induce, entice, or 
     coerce a child of an age specified in the applicable 
     provision referred to in paragraph (1) to engage in a 
     prohibited sexual activity.
       (d) Increased Penalties For Pattern of Activity of Sexual 
     Exploitation of Children.--Pursuant to the authority granted 
     to the United States Sentencing Commission under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall--
       (1) review the Federal sentencing guidelines on criminal 
     sexual abuse, the production of sexually explicit material, 
     the possession of materials depicting a child engaging in 
     sexually explicit conduct, coercion and enticement of minors, 
     and the transportation of minors; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement applicable to 
     the offenses referred to in paragraph (1) in any case in 
     which the defendant engaged in a pattern of activity 
     involving the sexual abuse or exploitation of a minor.
       (e) Repeat Offenders; Increased Maximum Penalties For 
     Transportation For Illegal Sexual Activity and Related 
     Crimes.--
       (1) Repeat Offenders.--
       (A) Chapter 117.--
       (i) In general.--Chapter 117 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2425. Repeat offenders

       ``(a) In General.--Any person described in this subsection 
     shall be subject to the punishment under subsection (b). A 
     person described in this subsection is a person who violates 
     a provision of this chapter, after one or more prior 
     convictions--
       ``(1) for an offense punishable under this chapter, or 
     chapter 109A or 110; or
       ``(2) under any applicable law of a State relating to 
     conduct punishable under this chapter, or chapter 109A or 
     110.
       ``(b) Punishment.--A violation of a provision of this 
     chapter by a person described in subsection (a) is punishable 
     by a term of imprisonment of a period not to exceed twice the 
     period that would otherwise apply under this chapter.''.
       (ii) Conforming amendment.--The analysis for chapter 117 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``2425. Repeat offenders.''.

       (B) Chapter 109a.--Section 2247 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2247. Repeat offenders

       ``(a) In General.--Any person described in this subsection 
     shall be subject to the punishment under subsection (b). A 
     person described in this subsection is a person who violates 
     a provision of this chapter, after one or more prior 
     convictions--
       ``(1) for an offense punishable under this chapter, or 
     chapter 110 or 117; or
       ``(2) under any applicable law of a State relating to 
     conduct punishable under this chapter, or chapter 110 or 117.
       ``(b) Punishment.--A violation of a provision of this 
     chapter by a person described in subsection (a) is punishable 
     by a term of imprisonment of a period not to exceed twice the 
     period that would otherwise apply under this chapter.''.
       (2) Increased maximum penalties for transportation for 
     illegal sexual activity and related crimes.--
       (A) Transportation generally.--Section 2421 of title 18, 
     United States Code, is amended by striking ``five'' and 
     inserting ``10''.
       (B) Coercion and enticement of minors.--Section 2422 of 
     title 18, United States Code, is amended--
       (i) in subsection (a), by striking ``five'' and inserting 
     ``10''; and
       (ii) in subsection (b), by striking ``10'' and inserting 
     ``15''.
       (C) Transportation of minors.--Section 2423 of title 18, 
     United States Code, is amended--
       (i) in subsection (a), by striking ``ten'' and inserting 
     ``15''; and
       (ii) in subsection (b), by striking ``10'' and inserting 
     ``15''.
       (3) Amendment of sentencing guidelines.--Pursuant to the 
     authority granted to the United States Sentencing Commission 
     under section 994(p) of title 28, United States Code, the 
     United States Sentencing Commission shall--
       (A) review the Federal sentencing guidelines relating to 
     chapter 117 of title 18, United States Code; and
       (B) upon completion of the review under subparagraph (A), 
     promulgate such amendments to the Federal sentencing 
     guidelines as are necessary to provide for the amendments 
     made by this subsection.
       (f) Clarification of Definition of Distribution of 
     Pornography.--Pursuant to the authority granted to the United 
     States Sentencing Commission under section 994(p) of title 
     28, United States Code, the United States Sentencing 
     Commission shall--
       (1) review the Federal sentencing guidelines relating to 
     the distribution of pornography covered under chapter 110 of 
     title 18, United States Code, relating to the sexual 
     exploitation and other abuse of children; and
       (2) upon completion of the review under paragraph (1), 
     promulgate such amendments to the Federal sentencing 
     guidelines as are necessary to clarify that the term 
     ``distribution of pornography'' applies to the distribution 
     of pornography--
       (A) for monetary remuneration; or
       (B) for a nonpecuniary interest.
       (g) Directive To the United States Sentencing Commission.--
     In carrying out this section, the United States Sentencing 
     Commission shall--
       (1) with respect to any action relating to the Federal 
     sentencing guidelines subject to this section, ensure 
     reasonable consistency with other guidelines of the Federal 
     sentencing guidelines; and
       (2) with respect to an offense subject to the Federal 
     sentencing guidelines, avoid duplicative punishment under the 
     guidelines for substantially the same offense.
       (h) Authorization For Guardians Ad Litem.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated to the Department of Justice, for the 
     purpose specified in paragraph (2), such sums as may be 
     necessary for each of fiscal years 1998 through 2001.
       (2) Purpose.--The purpose specified in this paragraph is 
     the procurement, in accordance with section 3509(h) of title 
     18, United States Code, of the services of individuals with 
     sufficient professional training, experience, and familiarity 
     with the criminal justice system, social service programs, 
     and child abuse issues to serve as guardians ad litem for 
     children who are the victims of, or witnesses to, a crime 
     involving abuse or exploitation.
       (i) Applicability.--This section and the amendments made by 
     this section shall apply to any action that commences on or 
     after the date of enactment of this Act.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 1999''.

         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, $24,836,000, 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.

                     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, 
     $45,500,000 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; $310,167,000, to remain 
     available until expended: Provided, That of the $318,167,000 
     provided for in direct obligations

[[Page S9290]]

     (of which $304,167,000 is appropriated from the General Fund, 
     and $8,000,000 is derived from unobligated balances and 
     deobligations from prior years and $6,000,000 is from fees), 
     $69,826,000 shall be for Trade Development, $20,379,000 shall 
     be for Market Access and Compliance, $31,047,000 shall be for 
     the Import Administration, $177,000,000 shall be for the 
     United States and Foreign Commercial Service, and $11,915,000 
     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; 
     $45,671,000 to remain available until expended, of which 
     $1,877,000 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, $280,775,000: Provided, That none of 
     the funds appropriated or otherwise made available under this 
     heading may be used directly or indirectly for attorneys' or 
     consultants' fees in connection with securing grants and 
     contracts made by the Economic Development Administration: 
     Provided further, That, notwithstanding any other provision 
     of law, the Secretary of Commerce may provide financial 
     assistance for projects to be located on military 
     installations closed or scheduled for closure or realignment 
     to grantees eligible for assistance under the Public Works 
     and Economic Development Act of 1965, as amended, without it 
     being required that the grantee have title or ability to 
     obtain a lease for the property, for the useful life of the 
     project, when in the opinion of the Secretary of Commerce, 
     such financial assistance is necessary for the economic 
     development of the area: Provided further, That the Secretary 
     of Commerce may, as the Secretary considers appropriate, 
     consult with the Secretary of Defense regarding the title to 
     land on military installations closed or scheduled for 
     closure or realignment.


                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $22,465,000: 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, 
     $25,276,000.

                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, $49,169,000, 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, $141,801,000.


                     Periodic Censuses and Programs

       For expenses necessary to conduct the decennial census, 
     $848,503,000, to remain available until expended: Provided, 
     That the Department of Commerce shall submit a quarterly 
     report to the Appropriations Committees of both Houses on the 
     status and implementation of key decennial census milestones 
     during fiscal year 1999.
       In addition, for expenses to collect and publish statistics 
     for other periodic censuses and programs provided for by law, 
     $153,955,000, 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), $10,940,000, to remain available until expended: 
     Provided, That notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, and operations, 
     and related services and such fees shall be retained and used 
     as offsetting collections for costs of such spectrum 
     services, to remain available until expended: Provided 
     further, That hereafter, notwithstanding any other provision 
     of law, NTIA shall not authorize spectrum use or provide any 
     spectrum functions pursuant to the NTIA Organization Act, 47 
     U.S.C. Sec. Sec.  902-903, to any Federal entity without 
     reimbursement as required by NTIA for such spectrum 
     management costs, and Federal entities withholding payment of 
     such cost shall not use spectrum: Provided further, That the 
     Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of the NTIA, in furtherance of its assigned 
     functions under this paragraph, and such funds received from 
     other Government agencies shall remain available until 
     expended.


    public telecommunications facilities, planning and construction

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $20,900,000, 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.


                   Information Infrastructure Grants

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $11,000,000, to remain available 
     until expended as authorized by section 391 of the Act, as 
     amended: Provided, That not to exceed $3,000,000 shall be 
     available for program administration and other support 
     activities as authorized by section 391: Provided further, 
     That none of the funds appropriated under this heading shall 
     be used to make a grant to an applicant that is an entity 
     that is eligible to receive preferential rates or treatment 
     under section 254(h) of the Communications Act of 1934 (47 
     U.S.C. 254(h)) or assistance under the regional information 
     sharing systems grant program of the Department of Justice 
     under part M of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796h).

                      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, 
     $785,526,000, to remain available until expended: Provided, 
     That of this amount, $785,526,000 shall be derived from 
     offsetting collections assessed and collected pursuant to 15 
     U.S.C. 113 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 1999, so as to result in a final 
     fiscal year 1999 appropriation from the General Fund 
     estimated at $0: Provided further, That beginning on October 
     1, 1998, the Commissioner of

[[Page S9291]]

     Patents and Trademarks shall establish a surcharge on all 
     fees charged under 35 U.S.C. 41(a) and (b) in order to ensure 
     that $132,000,000 is collected: Provided further, That 
     surcharges established under this authority may take effect 
     on October 1, 1998, and that Section 553 of title 5, United 
     States Code, shall not apply to the establishment of such 
     surcharges: Provided further, That upon enactment of a 
     statute reauthorizing the Patent and Trademark Office or 
     establishing a successor agency or agencies, and upon the 
     subsequent establishment of a new patent fee schedule, the 
     surcharge established in this Act shall expire: Provided 
     further, That during fiscal year 1999, should the total 
     amount of offsetting collections be less than $785,526,000, 
     the total amounts available to the Patent and Trademark 
     Office shall be reduced accordingly: Provided further, That 
     the standard build-out costs of the Patent and Trademark 
     Office shall not exceed $36.69 per occupiable square foot for 
     office-type space (which constitutes the amount specified in 
     the Advanced Acquisition program of the General Services 
     Administration) and shall not exceed an aggregate amount 
     equal to $88,000,000: Provided further, That the moving costs 
     of the Patent and Trademark Office (which shall include the 
     costs of moving, furniture, telephone, and data installation) 
     shall not exceed $135,000,000: Provided further, That the 
     portion of the moving costs referred to in the preceding 
     proviso that may be used for alterations that are above 
     standard costs may not exceed $29,000,000.

                         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, $9,993,000, of which 
     not to exceed $1,600,000 shall remain available until 
     September 30, 2000.

             National Institute of Standards and Technology


             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $290,636,000, to remain available 
     until expended, of which not to exceed $5,000,000 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'': Provided, That $2,300,000 shall be 
     used to expand the Malcolm Baldrige National Quality Award 
     program established under section 17 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3711a): Provided 
     further, That none of the funds appropriated or otherwise 
     made available by this Act for the ``Malcolm Baldrige 
     National Quality Award'' may be obligated or expended unless 
     such obligation or expenditure is expressly authorized by 
     enactment of a subsequent Act.


                     industrial technology services

       For necessary expenses of the Manufacturing Extension 
     Partnership of the National Institute of Standards and 
     Technology, $106,800,000, 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 $38,700,000 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, $56,714,000, to remain available until 
     expended.

            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; 
     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; $1,608,914,000, 
     to remain available until expended: Provided, 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, $63,073,000 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: Provided further, That of the 
     $10,500,000 available for the estuarine research reserve 
     system, $2,000,000 shall be made available for the Office of 
     response and restoration and $1,160,000 shall be made 
     available for Navigation services, mapping and charting: 
     Provided further, That of funds made available for the 
     National Marine Fisheries Service information collection and 
     analyses, $400,000 shall be made available to continue 
     Atlantic Herring and Mackerel studies: Provided further, That 
     of the $8,500,000 provided for the interstate fisheries 
     commissions, $7,000,000 shall be provided to the Atlantic 
     States Marine Fisheries Commission for the Atlantic Coastal 
     Cooperative Fisheries Management Act, $750,000 shall be 
     provided for the Atlantic Coastal Cooperative Statistics 
     Program, and the remainder shall be provided to each of the 
     three interstate fisheries commissions (including the ASMFC): 
     Provided further, That within the Procurement, Acquisition 
     and Construction account that $3,000,000 shall be made 
     available for the National Estuarine Research Reserve 
     construction, and $5,000,000 shall be made available for 
     Great Bay land acquisition: Provided further, That the 
     Secretary of Commerce shall make funds available to implement 
     the mitigation recommendations identified subsequent to the 
     ``1995 Secretary's Report to Congress on Adequacy of NEXRAD 
     Coverage and Degradation of Weather Services'' for Erie, PA; 
     Williston, ND; Caribou, ME; and Key West, FL, and shall 
     ensure continuation of weather service coverage for these 
     communities until mitigation activities are completed: 
     Provided further, That with respect to Erie, PA and 
     Williston, ND, the Secretary shall integrate local radar data 
     from such weather service offices into the advanced weather 
     interactive processing system (AWIPS).


               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, 
     $587,922,000, to remain available until expended: Provided, 
     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 
     $4,000,000, 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, $388,000, as authorized by 
     the Merchant Marine Act of 1936, as amended: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That none of the funds made 
     available under this heading may be used for direct loans for 
     any new fishing vessel that will increase the harvesting 
     capacity in any United States fishery.

                         General Administration


                         Salaries and Expenses

       For expenses necessary for the general administration of 
     the Department of Commerce provided for by law, including not 
     to exceed $3,000 for official entertainment, $31,765,000.


                      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

[[Page S9292]]

     amended (5 U.S.C. App. 1-11 as amended by Public Law 100-
     504), $20,662,000.

               General Provisions--Department of Commerce

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary 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. Section 401(e)(4)(B) of Public Law 105-83 is 
     amended by striking ``majority vote, with each member'' and 
     inserting in lieu thereof, ``the majority vote of the board 
     members under paragraphs (3)(A), (F), and (G), the board 
     member representing academia under paragraph (3)(K), and one 
     of the board members under paragraph (3)(L) (as identified by 
     the Governor), with each such member''.
       Sec. 209. (a) Prohibition.--
       (1) In general.--Section 223 of the Communications Act of 
     1934 (47 U.S.C. 223) is amended--
       (A) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (f), (g), (h), and (i), respectively; and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) Whoever in interstate or foreign commerce in or 
     through the World Wide Web is engaged in the business of the 
     commercial distribution of material that is harmful to minors 
     shall restrict access to such material by persons under 17 
     years of age.
       ``(2) Any person who violates paragraph (1) shall be fined 
     not more than $50,000, imprisoned not more than six months, 
     or both.
       ``(3) In addition to the penalties under paragraph (2), 
     whoever intentionally violates paragraph (1) shall be subject 
     to a fine of not more than $50,000 for each violation. For 
     purposes of this paragraph, each day of violation shall 
     constitute a separate violation.
       ``(4) In addition to the penalties under paragraphs (2) and 
     (3), whoever violates paragraph (1) shall be subject to a 
     civil fine of not more than $50,000 for each violation. For 
     purposes of this paragraph, each day of violation shall 
     constitute a separate violation.
       ``(5) It is an affirmative defense to prosecution under 
     this subsection that the defendant restricted access to 
     material that is harmful to minors by persons under 17 years 
     of age by requiring use of a verified credit card, debit 
     account, adult access code, or adult personal identification 
     number or in accordance with such other procedures as the 
     Commission may prescribe.
       ``(6) This subsection may not be construed to authorize the 
     Commission to regulate in any manner the content of any 
     information provided on the World Wide Web.
       ``(7) For purposes of this subsection:
       ``(A) The term `material that is harmful to minors' means 
     any communication, picture, image, graphic image file, 
     article, recording, writing, or other matter of any kind 
     that--
       ``(i) taken as a whole and with respect to minors, appeals 
     to a prurient interest in nudity, sex, or excretion;
       ``(ii) depicts, describes, or represents, in a patently 
     offensive way with respect to what is suitable for minors, an 
     actual or simulated sexual act or sexual contact, actual or 
     simulated normal or perverted sexual acts, or a lewd 
     exhibition of the genitals; and
       ``(iii) lacks serious literary, artistic, political, or 
     scientific value.
       ``(B) The terms `sexual act' and `sexual contact' have the 
     meanings assigned such terms in section 2246 of title 18, 
     United States Code.''.
       (2) Conforming amendment.--Subsection (h) of such section, 
     as so redesignated, is amended by striking ``(e), or (f)'' 
     and inserting ``(f), or (g)''.
       (b) Availability on Internet of Definition of Material That 
     Is Harmful to Minors.--The Attorney General, in the case of 
     the Internet web site of the Department of Justice, and the 
     Federal Communications Commission, in the case of the 
     Internet web site of the Commission, shall each post or 
     otherwise make available on such web site such information as 
     is necessary to inform the public of the meaning of the term 
     ``material that is harmful to minors'' under section 223(e) 
     of the Communications Act of 1934, as amended by subsection 
     (a) of this section.
       Sec. 210. No Universal Service for Schools or Libraries 
     that Fail to Implement a Filtering or Blocking System for 
     Computers with Internet Access. (a) In General.--Section 254 
     of the Communications Act of 1934 (47 U.S.C. 254) is amended 
     by adding at the end thereof the following:
       ``(l) Implementation of a Filtering or Blocking System.--
       ``(1) In general.--No services may be provided under 
     subsection (h)(1)(B) to any elementary or secondary school, 
     or any library, unless it provides the certification required 
     by paragraph (2) or (3), respectively.
       ``(2) Certification for schools.--Before receiving 
     universal service assistance under subsection (h)(1)(B), an 
     elementary or secondary school (or the school board or other 
     authority with responsibility for administration of that 
     school) shall certify to the Commission that it has--
       ``(A) selected a system for computers with Internet access 
     to filter or block matter deemed to be inappropriate for 
     minors; and
       ``(B) installed, or will install as soon as it obtains 
     computers with Internet access, a system to filter or block 
     such matter.
       ``(3) Certification for libraries.--Before receiving 
     universal service assistance under subsection (h)(1)(B), a 
     library that has a computer with Internet access shall 
     certify to the Commission that, on one or more of its 
     computers with Internet access, it employs a system to filter 
     or block matter deemed to be inappropriate for minors. If a 
     library that makes a certification under this paragraph 
     changes the system it employs or ceases to employ any such 
     system, it shall notify the Commission within 10 days after 
     implementing the change or ceasing to employ the system.
       ``(4) Local determination of content.--For purposes of 
     paragraphs (2) and (3), the determination of what matter is 
     inappropriate for minors shall be made by the school, school 
     board, library or other authority responsible for making the 
     required certification. No agency or instrumentality of the 
     United States Government may--
       ``(A) establish criteria for making that determination;
       ``(B) review the determination made by the certifying 
     school, school board, library, or other authority; or
       ``(C) consider the criteria employed by the certifying 
     school, school board, library, or other authority in the 
     administration of subsection (h)(1)(B).''.
       (b) Conforming Change.--Section 254(h)(1)(B) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is 
     amended by

[[Page S9293]]

     striking ``All telecommunications'' and inserting ``Except as 
     provided by subsection (l), all telecommunications''.
       Sec. 211. Multichannel Video Programming. Notwithstanding 
     any other provision of law, the Copyright Office is 
     prohibited from implementing, enforcing, collecting or 
     awarding copyright royalty fees, and no obligation or 
     liability for copyright royalty fees shall accrue pursuant to 
     the decision of the Librarian of Congress on October 27, 
     1997, which established a royalty fee of $0.27 per subscriber 
     per month for the retransmission of distant broadcast signals 
     by satellite carriers, before March 31, 1999. This shall have 
     no effect on the implementing, enforcing, collecting, or 
     awarding copyright royalty fees pursuant to the royalty fee 
     structure as it existed prior to October 27, 1997.
       Sec. 212. Public Aircraft. The flush sentence following 
     subparagraph (B)(ii) of section 40102(37) of title 49, United 
     States Code, is amended by striking ``if the unit of 
     government on whose behalf the operation is conducted 
     certifies to the Administrator of the Federal Aviation 
     Administration that the operation was necessary to respond to 
     a significant and imminent threat to life or property 
     (including natural resources) and that no service by a 
     private operator was reasonably available to meet the 
     threat'' and inserting ``if the operation is conducted for 
     law enforcement, search and rescue, or responding to an 
     imminent threat to property or natural resources''.
       Sec. 213. Compensation of Attorneys. (a) Controlled 
     Substances Act.--Section 408(q)(10) of the Controlled 
     Substances Act (21 U.S.C. 848(q)(10)) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B)(i) Notwithstanding any other provision of law, the 
     amount of compensation paid to each attorney appointed under 
     this subsection shall not exceed, for work performed by that 
     attorney during any calendar month, an amount determined to 
     be the amount of compensation (excluding health and other 
     employee benefits) that the United States Attorney for the 
     district in which the action is to be prosecuted receives for 
     the calendar month that is the subject to a request for 
     compensation made in accordance with this paragraph.
       ``(ii) The court shall grant an attorney compensation for 
     work performed during any calendar month at a rate authorized 
     under subparagraph (A), except that such compensation may not 
     be granted for any calendar month in an amount that exceeds 
     the maximum amount specified in clause (i).''.
       (b) Adequate Representation of Defendants.--Section 
     3006A(d)(3) of title 18, United States Code, is amended--
       (1) by striking ``Payment'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), payment''; 
     and
       (2) by adding at the end the following:
       ``(B) Maximum payments.--The payments approved under this 
     paragraph for work performed by an attorney during any 
     calendar month may not exceed a maximum amount determined 
     under section 408(q)(10)(B) of the Controlled Substances Act 
     (21 U.S.C. 848(q)(10)(B)).''.
       Sec. 214. No funds may be used under this Act to process or 
     register any application filed or submitted with the Patent 
     and Trademark Office under the Act entitled ``An Act to 
     provide for the registration and protection of trademarks 
     used in commerce, to carry out the provisions of certain 
     international conventions, and for other purposes'', approved 
     July 5, 1946, commonly referred to as the Trademark Act of 
     1946, as amended, after the date of enactment of this Act for 
     a mark identical to the official tribal insignia of any 
     federally recognized Indian tribe for a period of one year 
     from the date of enactment of this Act.
       Sec. 215. (a)(1) Notwithstanding any other provision of 
     this Act, the amount appropriated by this title under 
     ``National Telecommunications and Information 
     Administration'' under the heading ``information 
     infrastructure grants'' is hereby increased by $9,000,000.
       (2) The additional amount appropriated by paragraph (1) 
     shall remain available until expended.
       (b)(1) Notwithstanding any other provision of this Act, the 
     aggregate amount appropriated by this title under 
     ``DEPARTMENT OF COMMERCE'' is hereby reduced by $9,000,000 
     with the amount of such reduction achieved by reductions of 
     equal amounts from amounts appropriated by each heading under 
     ``DEPARTMENT OF COMMERCE'' except the headings referred to in 
     paragraph (2).
       (2) Reductions under paragraph (1) shall not apply to the 
     following amounts:
       (A) Amounts appropriated under ``National 
     Telecommunications and Information Administration'' under the 
     heading ``public telecommunications facilities, planning and 
     construction'' and under the heading ``information 
     infrastructure grants''.
       (B) Amounts appropriated under any heading under ``National 
     Institute of Standards and Technology''.
       (C) Amounts appropriated under any heading under ``National 
     Oceanic and Atmospheric Administration''.
       (c)(1) Notwithstanding any other provision of this Act, the 
     second proviso under ``National Telecommunications and 
     Information Administration'' under the heading ``information 
     infrastructure grants'' shall have no force or effect.
       (2) Notwithstanding any other provision of law, no entity 
     that receives telecommunications services at preferential 
     rates under section 254(h) of the Communications Act of 1934 
     (47 U.S.C. 254(h)) or receives assistance under the regional 
     information sharing systems grant program of the Department 
     of Justice under part M of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may 
     use funds under a grant under the heading referred to in 
     paragraph (1) to cover any costs of the entity that would 
     otherwise be covered by such preferential rates or such 
     assistance, as the case may be.
       Sec. 216. Sediment Control Study. Of the amounts made 
     available under this Act to the National Oceanic and 
     Atmospheric Administration for operations, research, and 
     facilities that are used for ocean and Great Lakes programs, 
     $50,000 shall be used for a study of sediment control at 
     Grand Marais, Michigan.
       Sec. 217. (a) In General.--Section 254(a) of the 
     Communications Act of 1934 (47 U.S.C. 254(a)) is amended--
       (1) by striking the second sentence in paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Membership of joint board.--
       ``(A) In general.--The Joint Board required by paragraph 
     (1) shall be composed of 9 members, as follows:
       ``(i) 3 shall be members of the Federal Communications 
     Commission;
       ``(ii) 1 shall be a State-appointed utility consumer 
     advocate nominated by a national organization of State 
     utility consumer advocates; and
       ``(iii) 5 shall be State utility commissioners nominated by 
     the national organization of State utility commissions, with 
     at least 2 such commissioners being commissioners of 
     commissions of rural States.
       ``(B) Co-chairmen.--The Joint Board shall have 2 co-
     chairmen of equal authority, one of whom shall be a member of 
     the Federal Communications Commission, and the other of whom 
     shall be one of the 5 members described in subparagraph 
     (A)(iii). The Federal Communications Commission shall adopt 
     rules and procedures under which the co-chairmen of the Joint 
     Board will have equal authority and equal responsibility for 
     the Joint Board.
       ``(C) Rural state defined.--In this paragraph, the term 
     `rural State' means any State in which the 1998 high-cost 
     universal service support payments to local telephone 
     companies exceeds 90 cents on a per loop per month basis.''.
       (b) FCC To Adopt Procedures Promptly.--The Federal 
     Communications Commission shall adopt rules under section 
     254(a)(2)(B) of the Communications Act of 1934 (47 U.S.C. 
     254(a)(2)(B)), as added by subsection (a) of this section, 
     within 30 days after the date of enactment of this Act.
       (c) Reconstituted Joint Board To Consider Universal 
     Service.--The Federal-State Joint Board established under 
     section 254(a)(1) of the Communications Act of 1934 (47 
     U.S.C. 254(a)(1)) shall not take action on the Commission's 
     Order and Order on Reconsideration adopted July 13, 1998 (CC 
     Docket No. 96-45; FCC 98-160), relating to universal service 
     until--
       (1) the Commission has adopted rules under section 
     254(a)(2)(B) of the Communications Act of 1934 (47 U.S.C. 
     254(a)(2)(B)); and
       (2) the co-chairmen of the Joint Board have been chosen 
     under that section.
       Sec. 218. Nonpoint Pollution Control. (a) In General.--In 
     addition to the amounts made available to the National 
     Oceanic and Atmospheric Administration under this Act, 
     $3,000,000 shall be made available to the Administration for 
     the nonpoint pollution control program of the Coastal Zone 
     Management program of the Administration.
       (b) Pro Rata Reductions.--Notwithstanding any other 
     provision of law, a pro rata reduction shall be made to each 
     program in the Department of Commerce funded under this Act 
     in such manner as to result in an aggregate reduction in the 
     amount of funds provided to those programs of $3,000,000.
       This title may be cited as the ``Department of Commerce and 
     Related Agencies Appropriations Act, 1999''.

                        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; $31,059,000.


                    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), 
     $5,871,000, to remain available until expended.

[[Page S9294]]

         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, $15,631,000.

               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, $11,483,000.

    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, $2,808,516,000 (including the 
     purchase of firearms and ammunition); of which not to exceed 
     $13,454,000 shall remain available until expended for space 
     alteration projects; and of which not to exceed $10,000,000 
     shall remain available until expended for furniture and 
     furnishings related to new space alteration and construction 
     projects: Provided, That of the amount made available under 
     this heading, $7,150,000 shall be available only for the 
     State Justice Institute.
       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 
     $2,515,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.


                           defender services

       For the operation of Federal Public Defender and Community 
     Defender organizations; the compensation and reimbursement of 
     expenses of attorneys appointed to represent persons under 
     the Criminal Justice Act of 1964, as amended; the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert and other services under the 
     Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation 
     (in accordance with Criminal Justice Act maximums) and 
     reimbursement of expenses of attorneys appointed to assist 
     the court in criminal cases where the defendant has waived 
     representation by counsel; the compensation and reimbursement 
     of travel expenses of guardians ad litem acting on behalf of 
     financially eligible minor or incompetent offenders in 
     connection with transfers from the United States to foreign 
     countries with which the United States has a treaty for the 
     execution of penal sentences; and the compensation of 
     attorneys appointed to represent jurors in civil actions for 
     the protection of their employment, as authorized by 28 
     U.S.C. 1875(d); $360,952,000, 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)); $68,721,000, 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); $176,873,000, of 
     which not to exceed $10,000,000 shall remain available until 
     expended for security systems, to be expended directly or 
     transferred to the United States Marshals Service which shall 
     be responsible for administering elements of the Judicial 
     Security Program consistent with standards or guidelines 
     agreed to by the Director of the Administrative Office of the 
     United States Courts and the Attorney General.

           Administrative Office of the United States Courts


                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $54,682,000, 
     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, $17,716,000; of which 
     $1,800,000 shall remain available through September 30, 2000, 
     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), $27,500,000; to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $7,800,000; and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $2,000,000.

                  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, 
     $9,374,000, 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 10 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 20 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. Pursuant to section 140 of Public Law 97-92, 
     justices and judges of the United States are authorized 
     during fiscal year 1999, to receive a salary adjustment in 
     accordance with 28 U.S.C. 461: Provided, That $6,893,000 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.
       This title may be cited as ``The Judiciary Appropriations 
     Act, 1999''.

           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; $1,685,094,000: Provided, That of the amount 
     made available under this heading, not to exceed $4,000,000 
     may be transferred to, and merged with, funds in the 
     ``Emergencies in the Diplomatic and Consular Service'' 
     appropriations account, to be available only for emergency 
     evacuations and terrorism rewards: Provided further, That of 
     the amount made available under this heading, $500,000 shall 
     be available only for the National Law Center for Inter-
     American Free Trade: Provided further, That of the amount 
     made available under this heading, $13,000,000 shall be 
     available only for the East-West Center: Provided further, 
     That, hereafter, 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 under the 
     authority of section 140(a)(1) of that Act: Provided further, 
     That all fees collected under the preceding proviso shall be 
     deposited as an offsetting collection to appropriations made 
     under this heading to recover costs as set forth under 
     section 140(a)(2) of that Act 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

[[Page S9295]]

     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)).


                         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, 
     $349,474,000.


                        capital investment fund

       For necessary expenses of the Capital Investment Fund, 
     $118,340,000, 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), and for necessary expenses as authorized by section 4 
     of the State Department Basic Authority Act of 1956 (22 
     U.S.C. 2671), $6,500,000.


              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, 2000.


           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, renovating, in addition to funds otherwise 
     available, the Main State Building, 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), $550,832,000, 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), $3,500,000 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, $543,000, 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, $457,000 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, $14,490,000.


     Payment to the foreign service retirement and disability fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized by law, $132,500,000.

              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, $1,131,718,000, of which not to 
     exceed $254,000,000 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 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 1999 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 not to exceed $2,400,000 shall only be 
     available to establish an international center for response 
     to chemical, biological, and nuclear weapons: Provided 
     further, That notwithstanding section 402 of this Act, not to 
     exceed $1,223,000 may be transferred from the funds made 
     available under this heading to the ``International 
     conferences and contingencies'' account for assessed 
     contributions to new or provisional international 
     organizations or for travel expenses of official delegates to 
     international conferences: Provided further, That any 
     transfer pursuant to this paragraph shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.


        contributions for international peacekeeping activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security $431,093,000, of which not to exceed $23,100,000 
     shall remain available until expended, and of which not to 
     exceed $221,000,000 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.

                       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.

                            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, 
     $43,400,000, 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.).

[[Page S9296]]

                    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), 
     $205,024,000, 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, 1999, 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, 1999, 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, $332,915,000, of 
     which not to exceed $16,000 may be used for official 
     receptions within the United States as authorized by section 
     804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed 
     $35,000 may be used for representation abroad as authorized 
     by section 302 of such Act of 1948 (22 U.S.C. 1452) and 
     section 905 of the Foreign Service Act of 1980 (22 U.S.C. 
     4085), and not to exceed $39,000 may be used for official 
     reception and representation expenses of Radio Free Europe/
     Radio Liberty; and in addition, 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), $13,245,000, 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, $3,000,000, 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, $30,500,000, 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 10 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 20 percent by any such transfers: Provided, That not to 
     exceed 10 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 20 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. None of the funds made available in this Act may 
     be used by the Department of State or the United States 
     Information Agency to provide equipment, technical support, 
     training, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation or 
     similar organization.
       Sec. 404. 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.

[[Page S9297]]

       (ii) Recovering and repatriating American remains.
       (iii) Accelerating efforts to provide documents that will 
     help lead to fullest possible accounting of prisoners of war 
     and missing in action.
       (iv) Providing further assistance in implementing 
     trilateral investigations with Laos.
       (B) The remains, artifacts, eyewitness accounts, archival 
     material, and other evidence associated with prisoners of war 
     and missing in action recovered from crash sites, military 
     actions, and other locations in Southeast Asia are being 
     thoroughly analyzed by the appropriate laboratories with the 
     intent of providing surviving relatives with scientifically 
     defensible, legal determinations of death or other 
     accountability that are fully documented and available in 
     unclassified and unredacted form to immediate family members.
       Sec. 405. During the current fiscal year and hereafter, the 
     Secretary of State shall have discretionary authority to pay 
     tort claims in the manner authorized by section 2672 of title 
     28, United States Code, when such claims arise in foreign 
     countries in connection with the overseas operations of the 
     Department of State.
       Sec. 406. None of the funds appropriated or otherwise made 
     available by this Act or any other Act for fiscal year 1999 
     or any fiscal year thereafter should be expended for the 
     operation of a United States consulate or diplomatic facility 
     in Jerusalem unless such consulate or diplomatic facility is 
     under the supervision of the United States Ambassador to 
     Israel.
       Sec. 407. None of the funds appropriated or otherwise made 
     available by this Act or any other Act for fiscal year 1999 
     or any fiscal year thereafter may be expended for the 
     publication of any official Government document which lists 
     countries and their capital cities unless the publication 
     identifies Jerusalem as the capital of Israel.
       Sec. 408. For the purposes of the registration of birth, 
     certification of nationality, or issuance of a passport of a 
     United States citizen born in the city of Jerusalem, the 
     Secretary of State shall, upon request of the citizen, record 
     the place of birth as Israel.
       Sec. 409. (a) Waiver of Fees for Certain Visas.--
       (1) Requirement.--
       (A) In general.--Notwithstanding any other provision of law 
     and subject to subparagraph (B), the Secretary of State and 
     the Attorney General shall waive the fee for the processing 
     of any application for the issuance of a machine readable 
     combined border crossing card and nonimmigrant visa under 
     section 101(a)(15)(B) of the Immigration and Nationality Act 
     in the case of any alien under 15 years of age where the 
     application for the machine readable combined border crossing 
     card and nonimmigrant visa is made in Mexico by a citizen of 
     Mexico who has at least one parent or guardian who has a visa 
     under such section or is applying for a machine readable 
     combined border crossing card and nonimmigrant visa under 
     such section as well.
       (B) Delayed commencement.--The Secretary of State and the 
     Attorney General may not commence implementation of the 
     requirement in subparagraph (A) until the later of--
       (i) the date that is 6 months after the date of enactment 
     of this Act; or
       (ii) the date on which the Secretary sets the amount of the 
     fee or surcharge in accordance with paragraph (3).
       (2) Period of validity of visas.--
       (A) In general.--Except as provided in subparagraph (B), if 
     the fee for a machine readable combined border crossing card 
     and nonimmigrant visa issued under section 101(a)(15)(B) of 
     the Immigration and Nationality Act has been waived under 
     paragraph (1) for a child under 15 years of age, the machine 
     readable combined border crossing card and nonimmigrant visa 
     shall be issued to expire on the earlier of--
       (i) the date on which the child attains the age of 15; or
       (ii) ten years after its date of issue.
       (B) Exception.--At the request of the parent or guardian of 
     any alien under 15 years of age otherwise covered by 
     subparagraph (A), the Secretary of State and the Attorney 
     General may charge a fee for the processing of an application 
     for the issuance of a machine readable combined border 
     crossing card and nonimmigrant visa under section 
     101(a)(15)(B) of the Immigration and Nationality Act provided 
     that the machine readable combined border crossing card and 
     nonimmigrant visa is issued to expire as of the same date as 
     is usually provided for visas issued under that section.
       (3) Recoupment of costs resulting from waiver.--
     Notwithstanding any other provision of law, the Secretary of 
     State shall set the amount of the fee or surcharge authorized 
     pursuant to section 140(a) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236; 8 U.S.C. 1351 note) for the processing of machine 
     readable combined border crossing cards and nonimmigrant 
     visas at a level that will ensure the full recovery by the 
     Department of State of the costs of processing all such 
     combined border crossing cards and nonimmigrant visas, 
     including the costs of processing such combined border 
     crossing cards and nonimmigrant visas for which the fee is 
     waived pursuant to this subsection.
       (b) Processing in Mexican Border Cities.--The Secretary of 
     State shall continue, until at least October 1, 2003, or 
     until all border crossing identification cards in circulation 
     have otherwise been required to be replaced under section 
     104(b)(3) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (as added by section 116(b)(2) of 
     this Act), to process applications for visas under section 
     101(a)(15)(B) of the Immigration and Nationality Act at the 
     following cities in Mexico located near the international 
     border with the United States: Nogales, Nuevo Laredo, Ciudad 
     Acuna, Piedras Negras, Agua Prieta, and Reynosa.
       Sec. 410. (a) The purpose of this section is to protect the 
     national security interests of the United States while 
     studying the appropriate level of resources to improve the 
     issuance of visas to legitimate foreign travelers.
       (b) Congress recognizes the importance of maintaining 
     quality service by consular officers in the processing of 
     applications for nonimmigrant visas and finds that this 
     requirement should be reflected in any timeliness standards 
     or other regulations governing the issuance of visas.
       (c) The Secretary of State shall conduct a study to 
     determine, with respect to the processing of nonimmigrant 
     visas within the Department of State--
       (1) the adequacy of staffing at United States consular 
     posts, particularly during peak travel periods;
       (2) the adequacy of service to international tourism;
       (3) the adequacy of computer and technical support to 
     consular posts; and
       (4) the appropriate standard to determine whether a country 
     qualifies as a pilot program country under the visa waiver 
     pilot program in section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187).
       (d)(1) Not later than 120 days after the date of enactment 
     of this Act, the Secretary of State shall submit a report to 
     Congress setting forth--
       (A) the results of the study conducted under subsection 
     (c); and
       (B) the steps the Secretary has taken to implement 
     timeliness standards.
       (2) Beginning one year after the date of submission of the 
     report required by paragraph (1), and annually thereafter, 
     the Secretary of State shall submit a report to Congress 
     describing the implementation of timeliness standards during 
     the preceding year.
       (e) In this section--
       (1) the term ``nonimmigrant visas'' means visas issued to 
     aliens described in section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)); and
       (2) the term ``timeliness standards'' means standards 
     governing the timely processing of applications for 
     nonimmigrant visas at United States consular posts.
       Sec. 411. Before any additional disbursement of funds may 
     be made pursuant to the sixth proviso under the heading 
     ``Contributions to International Organizations'' in title IV 
     of the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1998 (as 
     contained in Public Law 105-119)--
       (1) the Secretary of State shall, in lieu of the 
     certification required under such sixth proviso, submit a 
     certification to the committees described in paragraph (2) 
     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 the 6-month period elsewhere in the United Nations 
     budget and cause the United Nations to exceed the reform 
     budget of $2,533,000,000 for the biennium 1998-1999; and
       (2) the certification under paragraph (1) is submitted to 
     the Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and International 
     Relations of the House of Representatives at least 15 days in 
     advance of any disbursement of funds.
       Sec. 412. Ban on Extradition or Transfer of United States 
     Citizens to the International Criminal Court. (a) 
     Extradition.--None of the funds appropriated or otherwise 
     made available by this or any other Act may be used to 
     extradite a United States citizen to a foreign nation that is 
     under an obligation to surrender persons to the International 
     Criminal Court unless that foreign nation confirms to the 
     United States that applicable prohibitions on re-extradition 
     apply to such surrender, or gives other satisfactory 
     assurances to the United States that it will not extradite or 
     otherwise transfer that citizen to the International Criminal 
     Court.
       (b) Consent.--None of the funds appropriated or otherwise 
     made available by this or any other Act may be used to 
     provide consent to the extradition or transfer of a United 
     States citizen by a foreign country that is under an 
     obligation to surrender persons to the International Criminal 
     Court to a third country, unless the third country confirms 
     to the United States that applicable prohibitions on re-
     extradition apply to such surrender, or gives other 
     satisfactory assurances to the United States that it will not 
     extradite or otherwise transfer that citizen to the 
     International Criminal Court.
       (c) Definition.--As used in this section, the term 
     ``International Criminal Court'' means the court established 
     by agreement concluded in Rome on July 17, 1998.
       Sec. 413. (a) None of the funds appropriated or otherwise 
     made available by this or any other Act (including prior 
     appropriations) may be used for--
       (1) the payment of any representation in, or any 
     contribution to (including any assessed contribution), or 
     provision of funds,

[[Page S9298]]

     services, equipment, personnel, or other support to, the 
     International Criminal Court established by agreement 
     concluded in Rome on July 17, 1998, or
       (2) the United States proportionate share of any assessed 
     contribution to the United Nations or any other international 
     organization that is used to provide support to the 
     International Criminal Court described in paragraph (1),
     unless the Senate has given its advice and consent to 
     ratification of the agreement as a treaty under Article II, 
     Section 2, Clause 2 of the Constitution of the United States.
       This title may be cited as the ``Department of State and 
     Related Agencies Appropriations Act, 1999''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


                       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, $97,650,000, to remain available until 
     expended.


                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $69,818,000: 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: Provided 
     further, That, of this amount, $1,400,000 shall be available 
     for Student Incentive Payments.


          maritime guaranteed loan (title xi) program account

       For the cost of guaranteed loans, as authorized by the 
     Merchant Marine Act, 1936, $10,000,000, 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.


           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, $8,900,000: 
     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 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, 
     $1,159,000, 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; $253,580,000: 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; $197,921,000, of which not to 
     exceed $300,000 shall remain available until September 30, 
     1999, for research and policy studies: Provided, That 
     $172,523,000 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 1999 
     so as to result in a final fiscal year 1999 appropriation 
     estimated at $25,398,000: Provided further, That any 
     offsetting collections received in excess of $172,523,000 in 
     fiscal year 1999 shall remain available until expended, but 
     shall not be available for obligation until October 1, 1999: 
     Provided further, That any two stations that are primary 
     affiliates of the same broadcast network within any given 
     designated market area authorized to deliver a digital signal 
     by November 1, 1998 must be guaranteed access on the same 
     terms and conditions by any multichannel video provider 
     (including off-air, cable and satellite distribution).

                      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; 
     $14,300,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                        Federal Trade Commission


                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses; 
     $93,167,000: 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 $90,000,000 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 1999, so as to result in a 
     final fiscal year 1999 appropriation from the General Fund 
     estimated at not more than $3,167,000: Provided further, That 
     the fourth proviso under the heading ``Federal Trade 
     Commission, Salaries and Expenses'' in Public Law 105-119 is 
     repealed: Provided further, That none of the funds made 
     available to the Federal Trade Commission shall be available 
     for obligation for expenses authorized by section 151 of the 
     Federal Deposit Insurance Corporation Improvement Act of 1991 
     (Public Law 102-242, 105 Stat. 2282-2285).

                       Legal Services Corporation


               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     as amended, $300,000,000, of which $288,700,000 is for basic 
     field programs and required independent audits; $300,000 is 
     for grants for litigation associated with Aguilar v. United 
     States; $2,015,000 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 $8,985,000 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.).

[[Page S9299]]

       (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 1998 and 1999, 
     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 the current fiscal year.
       (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 the current fiscal year 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.

                        Marine Mammal Commission


                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, as amended, 
     $1,240,000.

                       Commission on Ocean Policy


                         Salaries and Expenses

       For the necessary expenses of the Commission on Ocean 
     Policy, pursuant to S. 1213 as passed by the Senate in 
     November 1996, $3,500,000, to remain available until 
     expended: Provided, That the Commission shall present to the 
     Congress with 18 months its recommendations for a national 
     ocean policy.

                   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, 
     $341,098,000, 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)) and collected in fiscal year 1999 shall be credited 
     to this account as offsetting collections: Provided further, 
     That not to exceed $341,098,000 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 
     1999 under this heading shall be reduced as all such 
     offsetting fees are deposited to this appropriation so as to 
     result in no fiscal year 1999 appropriation from the General 
     Fund.

                     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, 
     $265,000,000: 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 $85,000,000 shall be available to fund grants 
     for performance in fiscal year 1999 or fiscal year 2000 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), $10,500,000.


                     business loans program account

       For the cost of direct loans, $3,816,000, and the cost of 
     guaranteed loans, $143,000,000, as authorized by 15 U.S.C. 
     631 note: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     of the funds previously made available under Public Law 105-
     135, section 507(g), for the Delta Loan program, up to 
     $20,000,000 may be transferred to and merged with the 
     appropriations for salaries and expenses: Provided further, 
     That during fiscal year 1999, commitments to guarantee loans 
     under section 503 of the

[[Page S9300]]

     Small Business Investment Act of 1958, as amended, shall not 
     exceed the amount of financings authorized under section 
     20(d)(1)(B)(ii) of the Small Business Act, as amended: 
     Provided further, That during fiscal year 1999, 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 administrative expenses to carry out the direct loan 
     program, $94,000,000, 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, $3,300,000, 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 1999, 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 1999, 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 $1,000,000 or 20 percent, whichever is more, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 20 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 20 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 made available in this Act 
     shall be used to provide the following amenities or personal 
     comforts in the Federal prison system--
       (1) in-cell television viewing except for prisoners who are 
     segregated from the general prison population for their own 
     safety;
       (2) the viewing of R, X, and NC-17 rated movies, through 
     whatever medium presented;
       (3) any instruction (live or through broadcasts) or 
     training equipment for boxing, wrestling, judo, karate, or 
     other martial art, or any bodybuilding or weightlifting 
     equipment of any sort;
       (4) possession of in-cell coffee pots, hot plates or 
     heating elements; or
       (5) the use or possession of any electric or electronic 
     musical instrument.
       Sec. 610. Any costs incurred by a Department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such Department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this section is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 611. None of the funds made available in this Act to 
     the Federal Bureau of Prisons may be used to distribute or 
     make available any commercially published information or 
     material to a prisoner when it is made known to the Federal 
     official having authority to obligate or expend such funds 
     that such information or material is sexually explicit or 
     features nudity.
       Sec. 612. 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. 613. (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;

[[Page S9301]]

       (2) has been included in the list presented to former 
     President Jean-Bertrand Aristide by former National Security 
     Council Advisor Anthony Lake in December 1995, and acted upon 
     by President Rene Preval;
       (3) was sought for an interview by the Federal Bureau of 
     Investigation as part of its inquiry into the March 28, 1995, 
     murder of Mireille Durocher Bertin and Eugene Baillergeau, 
     Jr., and was credibly alleged to have ordered, carried out, 
     or materially assisted in those murders, per a June 28, 1995, 
     letter to the then Minister of Justice of the Government of 
     Haiti, Jean-Joseph Exume;
       (4) was a member of the Haitian High Command during the 
     period 1991 through 1994, and has been credibly alleged to 
     have planned, ordered, or participated with members of the 
     Haitian Armed Forces in--
       (A) the September 1991 coup against any person who was a 
     duly elected government official of Haiti (or a member of the 
     family of such official), or
       (B) the murders of thousands of Haitians during the period 
     1991 through 1994; or
       (5) has been credibly alleged to have been a member of the 
     paramilitary organization known as FRAPH who planned, 
     ordered, or participated in acts of violence against the 
     Haitian people.
       (b) Exemption.--Subsection (a) shall not apply if the 
     Secretary of State finds, on a case-by-case basis, that the 
     entry into the United States of a person who would otherwise 
     be excluded under this section is necessary for medical 
     reasons or such person has cooperated fully with the 
     investigation of these political murders. If the Secretary of 
     State exempts any such person, the Secretary shall notify the 
     appropriate congressional committees in writing.
       (c) Reporting Requirement.--(1) The United States chief of 
     mission in Haiti shall provide the Secretary of State a list 
     of those who have been credibly alleged to have ordered or 
     carried out the extrajudicial and political killings 
     mentioned in paragraph (1) of subsection (a).
       (2) The Secretary of State shall submit the list provided 
     under paragraph (1) to the appropriate congressional 
     committees not later than 3 months after the date of 
     enactment of this Act.
       (3) The Secretary of State shall submit to the appropriate 
     congressional committees a list of aliens denied visas, and 
     the Attorney General shall submit to the appropriate 
     congressional committees a list of aliens refused entry to 
     the United States as a result of this provision.
       (4) The Secretary of State shall submit a report under this 
     subsection not later than 6 months after the date of 
     enactment of this Act and not later than March 1 of each year 
     thereafter as long as the Government of Haiti has not 
     completed the investigation of the extrajudicial and 
     political killings and has not prosecuted those implicated 
     for the killings specified in paragraph (1) of subsection 
     (a).
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate.
       Sec. 614. (a) None of the funds made available in this Act 
     or any other Act hereafter enacted 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, of more than 750 gross registered tons, or 
     that has an engine or engines capable of producing more than 
     3,000 shaft horsepower that would allow such vessel to engage 
     in fishing in any fishery within the exclusive economic zone 
     of the United States (except territories), unless a 
     certificate of documentation had been issued for the vessel, 
     endorsed with a fishery endorsement that was effective on 
     September 25, 1997, and endorsed with a fishery endorsement 
     at all times thereafter, or unless the appropriate regional 
     fishery management council recommends after the date the 
     enactment of this Act, and the Secretary approves, a fishery 
     management plan or amendment that specifically allows such a 
     vessel to engage in such fishing.
       (b) Any fishing permit or authorization issued or renewed 
     prior to the date of the enactment of this Act for a fishing 
     vessel that exceeds the length, tonnage, or horsepower 
     thresholds in subsection (a) that would allow such vessel to 
     engage in fishing for any Atlantic mackerel or herring (or 
     both) in the waters off the east coast of the United States 
     during fiscal year 1999 shall be null and void unless the 
     appropriate regional fishery management council has 
     recommended and the Secretary has approved a fishery 
     management plan or plan amendment that specifically allows 
     such vessel to engage in such fishing.
       (c) The prohibition in this section shall not apply to 
     fishing vessels in the menhaden fishery, which occurs 
     primarily outside the exclusive economic zone of the United 
     States.
       Sec. 615. 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. 616. (a) In General.--Section 1303 of the 
     International Security and Development Corporation Act of 
     1985 (16 U.S.C. 469j) is amended--
       (1) in subsection (d)(1)--
       (A) by striking ``21'' and inserting ``15''; and
       (B) by striking ``7'' each place it appears and inserting 
     ``5''; and
       (2) in subsection (e), by striking ``three'' and inserting 
     ``six''.
       (b) Savings Provision.--The enactment of the amendments 
     made by paragraph (1) of subsection (a) shall not require any 
     person appointed as a member of the Commission for the 
     Preservation of America's Heritage Abroad before the date of 
     enactment of this Act to terminate his or her service prior 
     to the expiration of his or her current term of service.
       Sec. 617. Japan-United States Friendship Commission. (a) 
     Relief From Restriction of Interchangeability of Funds.--
     Section 6(4) of the Japan-United States Friendship Act (22 
     U.S.C. 2905(4)) is amended by striking ``needed, except'' and 
     all that follows through ``United States'' and inserting 
     ``needed''.
       (b) The second sentence of section 7(b) of the Japan-United 
     States Friendship Act (22 U.S.C. 2906(b)) is amended to read 
     as follows: ``Such investment may be made in only interest-
     bearing obligations of the United States, in obligations 
     guaranteed as to both principal and interest by the United 
     States, in interest-bearing obligations of Japan, or in 
     obligations guaranteed as to both principal and interest by 
     Japan.''.
       Sec. 618. Study on Internet Access and Communications and 
     the Taxation of the Internet. (a) Definitions.--In this 
     section:
       (1) Internet.--The term ``Internet'' has the meaning 
     provided that term in section 230(e)(1) of the Communications 
     Act of 1934 (47 U.S.C. 230(e)(1)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (b) Study and Report.--
       (1) In general.--Not later than March 1, 1999, the 
     Secretary, in consultation with the Secretary of State and 
     the Secretary of the Treasury, shall conduct a study under 
     this section and submit to the Committee on Appropriations a 
     report on the results of the study.
       (2) Contents of study.--The study conducted by the 
     Secretary under this section shall examine--
       (A) the taxation of the Internet by States and political 
     subdivisions thereof;
       (B) access to the Internet; and
       (C) communications and transactions conducted through the 
     Internet.
       (3) Effects of taxation.--With respect to the taxation of 
     the Internet, the study conducted by the Secretary under this 
     section shall examine the extent to which--
       (A) that taxation may impede the progress and development 
     of the Internet; and
       (B) the effect that taxation may have with respect to the 
     efforts of the President to keep the Internet free of 
     discriminatory taxes on an international level.
       Sec. 619. (a) Purpose.--The purpose of this section is to 
     allow for the investment of joint Federal and State funds 
     from the civil settlement of damages from the Exxon Valdez 
     oil spill.
       (b) Investment of Joint Trust Funds.--Notwithstanding any 
     other provision of law, upon the joint motion of the United 
     States and the State of Alaska and the issuance of an 
     appropriate order by the United States District Court for the 
     District of Alaska, the joint trust funds or any portion 
     thereof, including any interest accrued thereon, previously 
     received or to be received by the United States and the State 
     of Alaska pursuant to the Agreement and Consent Decree issued 
     in United States v. Exxon Corporation, et al. (No. A91-082 
     CIV) and State of Alaska v. Exxon Corporation, et al. (No. 
     A91-083 CIV) (hereafter referred to as the ``Consent 
     Decree''), may be deposited in appropriate accounts outside 
     the Court Registry, including the Natural Resource Damage 
     Assessment and Restoration Fund (hereafter referred to as the 
     ``Fund'') established in title I of the Department of the 
     Interior and Related Agencies Appropriations Act, 1992 
     (Public Law 102-154, 43 U.S.C. 1474b) and such accounts 
     outside the United States Treasury consisting of income-
     producing obligations and other instruments or securities of 
     a type or class that have been determined unanimously by the 
     Federal and State natural resource trustees for the Exxon 
     Valdez oil spill to have a high degree of reliability and 
     security: Provided, That any joint trust funds in the Fund 
     and any such outside accounts that have been approved 
     unanimously by the trustees for expenditure by or through a 
     State or Federal agency shall be transferred promptly from 
     the Fund and such outside accounts to the State or United 
     States upon the joint request of the governments: Provided 
     further, That the transfer of joint trust funds outside the 
     Court Registry shall not affect the supervisory jurisdiction 
     of such District Court under the Consent Decree or the 
     Memorandum of Agreement and Consent Decree in United States 
     v. State of Alaska (No. A91-081-CIV) over all expenditures of 
     the joint trust funds: Provided further, That nothing herein 
     shall affect the requirement of section 207 of the Dire 
     Emergency Supplemental Appropriations and Transfers for 
     Relief From the Effects of Natural Disasters, for Other 
     Urgent Needs, and for the Incremental Cost of ``Operation 
     Desert Shield/Desert Storm'' Act of 1992 (Public Law 102-229, 
     42 U.S.C. 1474b note) that amounts received by the United 
     States and designated by the trustees for the expenditure by 
     or through a Federal agency must be deposited into the Fund: 
     Provided further, That any interest accrued under the 
     authority in this

[[Page S9302]]

     section may be used only for grants for marine research and 
     monitoring (including applied fisheries research) and for 
     community and economic restoration projects (including 
     projects proposed by the fishing industry and facilities): 
     Provided further, That the Federal trustees are hereby 
     authorized to administer such grants: Provided further, That 
     the authority provided in this section shall expire on 
     September 30, 2002, unless by September 30, 2001 the trustees 
     have submitted to the Congress legislation to establish a 
     board to administer funds invested, interest received, and 
     grants awarded from such interest.
       Sec. 620. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for (1) any 
     system to implement 18 U.S.C. 922(t) that does not require 
     and result in the immediate destruction of all information, 
     in any form whatsoever, submitted by or on behalf of any 
     person who has been determined not to be prohibited from 
     owning a firearm; (2) the implementation of any tax or fee in 
     connection with the implementation of 18 U.S.C. 922(t): 
     Provided, That any person aggrieved by a violation of this 
     provision may bring an action in the Federal district court 
     for the district in which the person resides: Provided 
     further, That any person who is successful with respect to 
     any such action shall receive damages, punitive damages, and 
     such other remedies as the court may determine to be 
     appropriate, including a reasonable attorney's fee. The 
     provisions of this section shall become effective upon 
     enactment of this Act.
       Sec. 621. Sense of the Senate on the Budget and Social 
     Security. (a) Findings.--The Senate finds that--
       (1) the Social Security system provides benefits to 
     44,000,000 Americans, including 27,300,000 retirees, over 
     4,500,000 people with disabilities, 3,800,000 surviving 
     children and 8,400,000 surviving adults, and is essential to 
     the dignity and security of the Nation's elderly and 
     disabled;
       (2) the Trustees of the Federal Old-Age and Survivors 
     Insurance and Disability Insurance Trust Funds have reported 
     to the Congress that the ``total income'' of the Social 
     Security system ``is estimated to fall short of expenditures 
     beginning in 2021 and in each year thereafter . . . until the 
     assets of the combined trust funds are exhausted in 2032'';
       (3) intergenerational fairness, honest accounting 
     principles, prudent budgeting, and sound economic policy all 
     require saving Social Security first, in order that the 
     Nation may better afford the retirement of the baby boom 
     generation, beginning in 2010;
       (4) in reforming Social Security in 1983, the Congress 
     intended that near-term Social Security trust fund surpluses 
     be used to prefund the retirement of the baby boom 
     generation;
       (5) in his State of the Union message to the joint session 
     of Congress on January 27, 1998, President Clinton called on 
     the Congress to ``save Social Security first'' and to 
     ``reserve one hundred percent of the surplus, that is any 
     penny of any surplus, until we have taken all the necessary 
     measures to strengthen the Social Security system for the 
     twenty-first century'';
       (6) saving Social Security first would work to expand 
     national savings, reduce interest rates, enhance private 
     investment, increase labor productivity, and boost economic 
     growth;
       (7) section 13301 of the Budget Enforcement Act of 1990 
     expressly forbids counting Social Security trust fund 
     surpluses as revenue available to balance the budget; and
       (8) the Congressional Budget Office has estimated that the 
     unified budget surplus will reach nearly $1,500,000,000,000 
     over the next ten years.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress and the President should--
       (1) continue to rid our country of debt and work to balance 
     the budget without counting Social Security trust fund 
     surpluses;
       (2) work in a bipartisan way on specific legislation to 
     reform the Social Security system, to ensure that it is 
     financially sound over the long term and will be available 
     for all future generations;
       (3) save Social Security first; and
       (4) return all remaining surpluses to American taxpayers.
       Sec. 622. Report by the Judicial Conference. (a) Not later 
     than September 1, 1999, the Judicial Conference of the United 
     States shall prepare and submit to the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives, and to the Committees on the Judiciary of 
     the Senate and the House of Representatives, a report 
     evaluating whether an amendment to Rule 6 of the Federal 
     Rules of Criminal Procedure permitting the presence in the 
     grand jury room of counsel for a witness who is testifying 
     before the grand jury would further the interests of justice 
     and law enforcement.
       (b) In preparing the report referred to in subsection (a) 
     of this section the Judicial Conference shall consider the 
     views of the Department of Justice, the organized Bar, the 
     academic legal community, and other interested parties.
       (c) Nothing in this section shall require the Judicial 
     Conference to submit recommendations to the Congress in 
     accordance with the Rules Enabling Act, nor prohibit the 
     Conference from doing so.
       Sec. 623. Policies Relating to Federalism. It is the sense 
     of the Senate that the President should repeal Executive 
     Order No. 13083, issued May 14, 1998 and should reissue 
     Executive Order No. 12612, issued October 26, 1987, and 
     Executive Order No. 12875, issued October 26, 1993.
       Sec. 624. Prohibition on Internet Gambling. (a) Short 
     Title.--This section may be cited as the ``Internet Gambling 
     Prohibition Act of 1998''.
       (b) Definitions.--Section 1081 of title 18, United States 
     Code, is amended--
       (1) in the matter immediately following the colon, by 
     designating the first 5 undesignated paragraphs as paragraphs 
     (1) through (5), respectively, and indenting each paragraph 2 
     ems to the right; and
       (2) by adding at the end the following:
       ``(6) Bets or wagers.--The term `bets or wagers'--
       ``(A) means the staking or risking by any person of 
     something of value upon the outcome of a contest of others, 
     sporting event of others, or of any game of chance, upon an 
     agreement or understanding that the person or another person 
     will receive something of value based on that outcome;
       ``(B) includes the purchase of a chance or opportunity to 
     win a lottery or other prize (which opportunity to win is 
     predominantly subject to chance);
       ``(C) includes any scheme of a type described in section 
     3702 of title 28, United States Code; and
       ``(D) does not include--
       ``(i) a bona fide business transaction governed by the 
     securities laws (as that term is defined in section 3(a)(47) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 
     78c(a)(47))) for the purchase or sale at a future date of 
     securities (as that term is defined in section 3(a)(10) of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)));
       ``(ii) a transaction on or subject to the rules of a 
     contract market designated pursuant to section 5 of the 
     Commodity Exchange Act (7 U.S.C. 7);
       ``(iii) a contract of indemnity or guarantee;
       ``(iv) a contract for life, health, or accident insurance; 
     or
       ``(v) participation in a game or contest, otherwise lawful 
     under applicable Federal or State law--

       ``(I) that, by its terms or rules, is not dependent on the 
     outcome of any single sporting event, any series or sporting 
     events, any tournament, or the individual performance of 1 or 
     more athletes or teams in a single sporting event;
       ``(II) in which the outcome is determined by accumulated 
     statistical results of games or contests involving the 
     performances of amateur or professional athletes or teams; 
     and
       ``(III) in which the winner or winners may receive a prize 
     or award;

     (otherwise know as a `fantasy sport league' or a `rotisserie 
     league') if such participation is without charge to the 
     participant or any charge to a participant is limited to a 
     reasonable administrative fee.
       ``(7) Foreign jurisdiction.--The term `foreign 
     jurisdiction' means a jurisdiction of a foreign country or 
     political subdivision thereof.
       ``(8) Information assisting in the placing of a bet or 
     wager.--The term `information assisting in the placing of a 
     bet or wager'--
       ``(A) means information that is intended by the sender or 
     recipient to be used by a person engaged in the business of 
     betting or wagering to accept or place a bet or wager; and
       ``(B) does not include--
       ``(i) information concerning parimutuel pools that is 
     exchanged between or among 1 or more racetracks or other 
     parimutuel wagering facilities licensed by the State or 
     approved by the foreign jurisdiction in which the facility is 
     located, and 1 or more parimutuel wagering facilities 
     licensed by the State or approved by the foreign jurisdiction 
     in which the facility is located, if that information is used 
     only to conduct common pool parimutuel pooling under 
     applicable law;
       ``(ii) information exchanged between or among 1 or more 
     racetracks or other parimutuel wagering facilities licensed 
     by the State or approved by the foreign jurisdiction in which 
     the facility is located, and a support service located in 
     another State or foreign jurisdiction, if the information is 
     used only for processing bets or wagers made with that 
     facility under applicable law;
       ``(iii) information exchanged between or among 1 or more 
     wagering facilities that are located within a single State 
     and are licensed and regulated by that State, and any support 
     service, wherever located, if the information is used only 
     for the pooling or processing of bets or wagers made by or 
     with the facility or facilities under applicable State law;
       ``(iv) any news reporting or analysis of wagering activity, 
     including odds, racing or event results, race and event 
     schedules, or categories of wagering; or
       ``(v) any posting or reporting of any educational 
     information on how to make a bet or wager or the nature of 
     betting or wagering.''.
       (c) Prohibition on Internet Gambling.--
       (1) In general.--Chapter 50 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1085. Internet gambling

       ``(a) Definitions.--In this section:
       ``(1) Closed-loop subscriber-based service.--The term 
     `closed-loop subscriber-based service' means any information 
     service or system that uses--
       ``(A) a device or combination of devices--
       ``(i) expressly authorized and operated in accordance with 
     the laws of a State for the purposes described in subsection 
     (e); and

[[Page S9303]]

       ``(ii) by which a person located within a State must 
     subscribe to be authorized to place, receive, or otherwise 
     make a bet or wager, and must be physically located within 
     that State in order to be authorized to do so;
       ``(B) a customer verification system to ensure that all 
     applicable Federal and State legal and regulatory 
     requirements for lawful gambling are met; and
       ``(C) appropriate data security standards to prevent 
     unauthorized access.
       ``(2) Gambling business.--The term `gambling business' 
     means a business that is conducted at a gambling 
     establishment, or that--
       ``(A) involves--
       ``(i) the placing, receiving, or otherwise making of bets 
     or wagers; or
       ``(ii) offers to engage in placing, receiving, or otherwise 
     making bets or wagers;
       ``(B) involves 1 or more persons who conduct, finance, 
     manage, supervise, direct, or own all or part of such 
     business; and
       ``(C) has been or remains in substantially continuous 
     operation for a period in excess of 10 days or has a gross 
     revenue of $2,000 or more during any 24-hour period.
       ``(3) Interactive computer service.--The term `interactive 
     computer service' means any information service, system, or 
     access software provider that uses a public communication 
     infrastructure or operates in interstate or foreign commerce 
     to provide or enable computer access by multiple users to a 
     computer server, including specifically a service or system 
     that provides access to the Internet.
       ``(4) Internet.--The term `Internet' means the 
     international computer network of both Federal and non-
     Federal interoperable packet switched data networks.
       ``(5) Person.--The term `person' means any individual, 
     association, partnership, joint venture, corporation, State 
     or political subdivision thereof, department, agency, or 
     instrumentality of a State or political subdivision thereof, 
     or any other government, organization, or entity.
       ``(6) Private network.--The term `private network' means a 
     communications channel or channels, including voice or 
     computer data transmission facilities, that use either--
       ``(A) private dedicated lines; or
       ``(B) the public communications infrastructure, if the 
     infrastructure is secured by means of the appropriate private 
     communications technology to prevent unauthorized access.
       ``(7) State.--The term `State' means a State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or a commonwealth, territory, or possession of the 
     United States.
       ``(b) Gambling.--
       ``(1) Prohibition.--Subject to subsection (e), it shall be 
     unlawful for a person knowingly to use the Internet or any 
     other interactive computer service--
       ``(A) to place, receive, or otherwise make a bet or wager 
     with any person; or
       ``(B) to send, receive, or invite information assisting in 
     the placing of a bet or wager with the intent to send, 
     receive, or invite information assisting in the placing of a 
     bet or wager.
       ``(2) Penalties.--A person who violates paragraph (1) shall 
     be--
       ``(A) fined in an amount that is not more than the greater 
     of--
       ``(i) three times the greater of--

       ``(I) the total amount that the person is found to have 
     wagered through the Internet or other interactive computer 
     service; or
       ``(II) the total amount that the person is found to have 
     received as a result of such wagering; or

       ``(ii) $500;
       ``(B) imprisoned not more than 3 months; or
       ``(C) both.
       ``(c) Gambling Businesses.--
       ``(1) Prohibition.--Subject to subsection (e), it shall be 
     unlawful for a person engaged in a gambling business 
     knowingly to use the Internet or any other interactive 
     computer service--
       ``(A) to place, receive, or otherwise make a bet or wager; 
     or
       ``(B) to send, receive, or invite information assisting in 
     the placing of a bet or wager.
       ``(2) Penalties.--A person engaged in a gambling business 
     who violates paragraph (1) shall be--
       ``(A) fined in an amount that is not more than the greater 
     of--
       ``(i) the amount that such person received in bets or 
     wagers as a result of engaging in that business in violation 
     of this subsection; or
       ``(ii) $20,000;
       ``(B) imprisoned not more than 4 years; or
       ``(C) both.
       ``(d) Permanent Injunctions.--Upon conviction of a person 
     under this section, the court may, as an additional penalty, 
     enter a permanent injunction enjoining the transmission of 
     bets or wagers or information assisting in the placing of a 
     bet or wager.
       ``(e) Exceptions.--
       ``(1) In general.--Subject to paragraph (2), the 
     prohibitions in this section shall not apply to any--
       ``(A) otherwise lawful bet or wager that is placed, 
     received, or otherwise made wholly intrastate for a State 
     lottery or a racing or parimutuel activity, or a multi-State 
     lottery operated jointly between 2 or more States in 
     conjunction with State lotteries, (if the lottery or activity 
     is expressly authorized, and licensed or regulated, under 
     applicable Federal or State law) on--
       ``(i) an interactive computer service that uses a private 
     network, if each person placing or otherwise making that bet 
     or wager is physically located at a facility that is open to 
     the general public; or
       ``(ii) a closed-loop subscriber-based service that is 
     wholly intrastate; or
       ``(B) otherwise lawful bet or wager for class II or class 
     III gaming (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)) that is placed, received, or 
     otherwise made on a closed-loop subscriber-based service or 
     an interactive computer service that uses a private network, 
     if--
       ``(i) each person placing, receiving, or otherwise making 
     that bet or wager is physically located on Indian land; and
       ``(ii) all games that constitute class III gaming are 
     conducted in accordance with an applicable Tribal-State 
     compact entered into under section 11(d) of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701(d)) by a State in which each 
     person placing, receiving, or otherwise making that bet or 
     wager is physically located.
       ``(2) Inapplicability of exception to bets or wagers made 
     by agents or proxies.--An exception under subparagraph (A) or 
     (B) of paragraph (1) shall not apply in any case in which a 
     bet or wager is placed, received, or otherwise made by the 
     use of an agent or proxy using the Internet or an interactive 
     computer service. Nothing in this paragraph shall be 
     construed to prohibit the owner operator of a parimutuel 
     wagering facility that is licensed by a State from employing 
     an agent in the operation of the account wagering system 
     owned or operated by the parimutuel facility.
       ``(f) State Law.--Nothing in this section shall be 
     construed to create immunity from criminal prosecution or 
     civil liability under the law of any State.''.
       (2) Technical amendment.--The analysis for chapter 50 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``1085. Internet gambling.''.
       (d) Civil Remedies.--
       (1) In general.--The district courts of the United States 
     shall have original and exclusive jurisdiction to prevent and 
     restrain violations of section 1085 of title 18, United 
     States Code, as added by this section, by issuing appropriate 
     orders.
       (2) Proceedings.--
       (A) Institution by federal government.--The United States 
     may institute proceedings under this section. Upon 
     application of the United States, the district court may 
     enter a temporary restraining order or an injunction against 
     any person to prevent a violation of section 1085 of title 
     18, United States Code, as added by this section, if the 
     court determines, after notice and an opportunity for a 
     hearing, that there is a substantial probability that such 
     violation has occurred or will occur.
       (B) Institution by state attorney general.--
       (i) In general.--Subject to subclause (ii), the attorney 
     general of a State (or other appropriate State official) in 
     which a violation of section 1085 of title 18, United States 
     Code, as added by this section, is alleged to have occurred, 
     or may occur, after providing written notice to the United 
     States, may institute proceedings under this subsection. Upon 
     application of the attorney general (or other appropriate 
     State official) of the affected State, the district court may 
     enter a temporary restraining order or an injunction against 
     any person to prevent a violation of section 1085 of title 
     18, United States Code, as added by this section, if the 
     court determines, after notice and an opportunity for a 
     hearing, that there is a substantial probability that such 
     violation has occurred or will occur.
       (ii) Indian lands.--With respect to a violation of section 
     1085 of title 18, United States Code, as added by this 
     section, that is alleged to have occurred, or may occur, on 
     Indian lands (as defined in section 4 of the Indian Gaming 
     Regulatory Act (25 U.S.C. 2703)), the enforcement authority 
     under clause (i) shall be limited to the remedies under the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), 
     including any applicable Tribal-State compact negotiated 
     under section 11 of that Act (25 U.S.C. 2710).
       (C) Orders and injunctions against internet service 
     providers.--Notwithstanding subparagraph (A) or (B), the 
     following rules shall apply in any proceeding instituted 
     under this paragraph in which application is made for a 
     temporary restraining order or an injunction against an 
     interactive computer service:
       (i) Scope of relief.--

       (I) If the violation of section 1085 of title 18, United 
     States Code, originates with a customer of the interactive 
     computer service's system or network, the court may require 
     the service to terminate the specified account or accounts of 
     the customer, or of any readily identifiable successor in 
     interest, who is using such service to place, receive or 
     otherwise make a bet or wager, engage in a gambling business, 
     or to initiate a transmission that violates such section 
     1085.
       (II) Any other relief ordered by the court shall be 
     technically feasible for the system or network in question 
     under current conditions, reasonably effective in preventing 
     a violation of section 1085, of title 18, United States Code, 
     and shall not unreasonably interfere with access to lawful 
     material at other online locations.
       (III) No relief shall issue under clause (i)(II) if the 
     interactive computer service

[[Page S9304]]

     demonstrates, after an opportunity to appear at a hearing, 
     that such relief is not economically reasonable for the 
     system or network in question under current conditions.

       (ii) Considerations.--In the case of an application for 
     relief under clause (i)(II), the court shall consider, in 
     addition to all other factors that the court shall consider 
     in the exercise of its equitable discretion, whether--

       (I) such relief either singularly or in combination with 
     such other injunctions issued against the same service under 
     this paragraph, would seriously burden the operation of the 
     service's system or network compared with other comparably 
     effective means of preventing violations of section 1085 of 
     title 18, United States Code;
       (II) in the case of an application for a temporary 
     restraining order or an injunction to prevent a violation of 
     section 1085 of title 18, United States Code, by a gambling 
     business (as is defined in such section 1085) located outside 
     the United States, the relief is more burdensome to the 
     service than taking comparably effective steps to block 
     access to specific, identified sites used by the gambling 
     business located outside the United States; and
       (III) in the case of an application for a temporary 
     restraining order or an injunction to prevent a violation of 
     section 1085 of title 18, United States Code, as added by 
     this section, relating to material or activity located within 
     the United States, whether less burdensome, but comparably 
     effective means are available to block access by a customer 
     of the service's system or network to information or activity 
     that violates such section 1085.

       (iii) Findings.--In any order issued by the court under 
     this paragraph, the court shall set forth the reasons for its 
     issuance, shall be specific in its terms, and shall describe 
     in reasonable detail, and not by reference to the complaint 
     or other document, the act or acts sought to be restrained 
     and the general steps to be taken to comply with the order.
       (D) Expiration.--Any temporary restraining order or 
     preliminary injunction entered pursuant to this paragraph 
     shall expire if, and as soon as, the United States, or the 
     attorney general (or other appropriate State official) of the 
     State, as applicable, notifies the court that issued the 
     injunction that the United States or the State, as 
     applicable, will not seek a permanent injunction.
       (3) Expedited proceedings.--
       (A) In general.--In addition to proceedings under paragraph 
     (2), a district court may enter a temporary restraining order 
     against a person alleged to be in violation of section 1085 
     of title 18, United States Code, as added by this section, 
     upon application of the United States under paragraph (2)(A), 
     or the attorney general (or other appropriate State official) 
     of an affected State under paragraph (2)(B), without notice 
     and the opportunity for a hearing, if the United States or 
     the State, as applicable, demonstrates that there is probable 
     cause to believe that the transmission at issue violates 
     section 1085 of title 18, United States Code, as added by 
     this section.
       (B) Expiration.--A temporary restraining order entered 
     under this paragraph shall expire on the earlier of--
       (i) the expiration of the 30-day period beginning on the 
     date on which the order is entered; or
       (ii) the date on which a preliminary injunction is granted 
     or denied.
       (C) Hearings.--A hearing requested concerning an order 
     entered under this paragraph shall be held at the earliest 
     practicable time.
       (4) Rule of construction.--In the absence of fraud or bad 
     faith, no interactive computer service (as defined in section 
     1085(a) of title 18, United States Code, as added by this 
     section) shall be liable for any damages, penalty, or 
     forfeiture, civil or criminal, for a reasonable course of 
     action taken to comply with a court order issued under 
     paragraph (2) or (3) of this subsection.
       (5) Protection of privacy.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize an affirmative obligation on an interactive 
     computer service--
       (A) to monitor use of its service; or
       (B) except as required by an order of a court, to access, 
     remove or disable access to material where such material 
     reveals conduct prohibited by this section and the amendments 
     made by this section.
       (6) No effect on other remedies.--Nothing in this 
     subsection shall be construed to affect any remedy under 
     section 1084 or 1085 of title 18, United States Code, as 
     amended by this section, or under any other Federal or State 
     law. The availability of relief under this subsection shall 
     not depend on, or be affected by, the initiation or 
     resolution of any action under section 1084 or 1085 of title 
     18, United States Code, as amended by this section, or under 
     any other Federal or State law.
       (7) Continuous jurisdiction.--The court shall have 
     continuous jurisdiction under this subsection to enforce 
     section 1085 of title 18, United States Code, as added by 
     this section.
       (e) Report on Enforcement.--Not later than 3 years after 
     the date of enactment of this Act, the Attorney General shall 
     submit a report to Congress that includes--
       (1) an analysis of the problems, if any, associated with 
     enforcing section 1085 of title 18, United States Code, as 
     added by this section;
       (2) recommendations for the best use of the resources of 
     the Department of Justice to enforce that section; and
       (3) an estimate of the amount of activity and money being 
     used to gamble on the Internet.
       (f) Report on Costs.--Not later than 3 years after the date 
     of enactment of this Act, the Secretary of Commerce shall 
     submit a report to Congress that includes--
       (1) an analysis of existing and potential methods or 
     technologies for filtering or screening transmissions in 
     violation of section 1085 of title 18, United States Code, as 
     added by this section, that originate outside of the 
     territorial boundaries of any State or the United States;
       (2) a review of the effect, if any, on interactive computer 
     services of any court ordered temporary restraining orders or 
     injunctions imposed on those services under this section;
       (3) a calculation of the cost to the economy of illegal 
     gambling on the Internet, and other societal costs of such 
     gambling; and
       (4) an estimate of the effect, if any, on the Internet 
     caused by any court ordered temporary restraining orders or 
     injunctions imposed under this section.
       (g) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section, the 
     amendments made by this section, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
       Sec. 625. Sense of the Senate Regarding Japan's Recession. 
     (a) Findings.--Congress makes the following findings:
       (1) The United States and Japan share common goals of 
     peace, stability, democracy, and economic prosperity in East 
     and Southeast Asia and around the world.
       (2) Japan's economic and financial crisis represents a new 
     challenge to United States-Japanese cooperation to achieve 
     these common goals and threatens the economic stability of 
     East and Southeast Asia and the United States.
       (3) A strong United States-Japanese alliance is critical to 
     stability in East and Southeast Asia.
       (4) The importance of the United States-Japanese alliance 
     was reaffirmed by the President of the United States and the 
     Prime Minister of Japan in the April 1996 Joint Security 
     Declaration.
       (5) United States-Japanese bilateral military cooperation 
     was enhanced with the revision of the United States 
     Guidelines for Defense Cooperation in 1997.
       (6) The Japanese economy, the second largest in the world 
     and over 2 times larger than the economy in the rest of East 
     Asia, has been growing at a little over 1 percent annually 
     since 1991 and is currently in a recession with some 
     forecasts suggesting that it will contract by 1.5 percent in 
     1998.
       (7) The estimated $574,000,000,000 of problem loans in 
     Japan's banking sector and other problems associated with an 
     unstable banking sector remain the major roadblock to 
     economic recovery in Japan.
       (8) The recent weakness in the yen, following a 10 percent 
     depreciation of the yen against the dollar over the last 5 
     months and a 45 percent depreciation since 1995, has placed 
     competitive price pressures on United States industries and 
     workers and is putting downward pressure on China and the 
     rest of the economies in East and Southeast Asia to begin 
     another round of competitive currency devaluations.
       (9) Japan's current account surplus has increased by 60 
     percent over the last 12 months from 71,579,000,000 yen in 
     1996 to 114,357,000,000 yen in 1997.
       (10) A period of deflation in Japan would lead to lower 
     demand for United States products.
       (11) The unnecessary and burdensome regulation of the 
     Japanese market constrains Japanese economic growth and 
     raises costs to business and consumers.
       (12) Deregulating Japan's economy and spurring economic 
     growth would ultimately benefit the Japanese people with a 
     higher standard of living and a more secure future.
       (13) Japan's economic recession is slowing the growth of 
     the United States gross domestic product and job creation in 
     the United States.
       (14) Japan has made significant efforts to restore economic 
     growth with a 16,000,000,000,000 yen stimulus package that 
     includes 4,500,000,000,000 yen in tax cuts and 
     11,500,000,000,000 yen in government spending, a Total Plan 
     to restore stability to the private banking sector, and joint 
     intervention with the United States to strengthen the value 
     of the yen in international currency markets.
       (15) The people of Japan expressed deep concern about 
     economic conditions and government leadership in the Upper 
     House elections held on July 12, 1998.
       (16) The Prime Minister of Japan tendered his resignation 
     on July 13, 1998, to take responsibility for the Liberal 
     Democratic Party's poor election results and to acknowledge 
     the desire of the people of Japan for new leadership to 
     restore economic stability.
       (17) Japan's economic recession is having an adverse effect 
     on the economy of the United States and is now seriously 
     threatening the 9 years of unprecedented economic expansion 
     in the United States.
       (18) Japan's economic recession is having an adverse effect 
     on the recovery of the East and Southeast Asian economies.

[[Page S9305]]

       (19) The American people and the countries of East and 
     Southeast Asia are looking for a demonstration of Japanese 
     leadership and close United States-Japanese cooperation in 
     resolving Japan's economic crisis.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the President, the Secretary of the Treasury, and the 
     United States Trade Representative should emphasize the 
     importance of financial deregulation, including banking 
     reform, market deregulation, and restructuring bad bank debt 
     as fundamental to Japan's economic recovery; and
       (2) the President, the Secretary of the Treasury, the 
     United States Trade Representative, the Secretary of 
     Commerce, and the Secretary of State should communicate to 
     the Japanese Government that the first priority of the new 
     Prime Minister of Japan and his Cabinet should be to restore 
     economic growth in Japan and promote stability in 
     international financial markets.
       Sec. 626. (a) Add the following at the end of section 
     1153(b)(5)(C) of title 8, United States Code:
       ``(iv) Definition.--

       ``(I) As used in this subsection the term `capital' means 
     cash, equipment, inventory, other tangible property, and cash 
     equivalents, but shall not include indebtedness. Nothing in 
     this subsection shall be construed to exclude documents, such 
     as binding contracts, as evidence that a petitioner is in the 
     process of investing capital as long as the capital is not in 
     the form of indebtedness with a payback period that exceeds 
     21 months.
       ``(II) Assets acquired, directly or indirectly, by unlawful 
     means (such as criminal activities) shall not be considered 
     capital for the purposes of this subsection. A petitioner's 
     sworn declaration concerning lawful sources of capital shall 
     constitute presumptive proof of lawful sources for the 
     purposes of this subsection, although nothing herein shall 
     preclude further inquiry, prior to approval of conditional 
     lawful permanent resident status.''.

       (b) This section shall not apply to any application filed 
     prior to July 23, 1998.
       Sec. 627. (a) Requirement.--Section 230 of the 
     Communications Act of 1934 (47 U.S.C. 230) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Obligations of Internet Access Providers.--
       ``(1) In general.--An Internet access provider shall, at 
     the time of entering into an agreement with a customer for 
     the provision of Internet access services, offer such 
     customer (either for a fee or at no charge) screening 
     software that is designed to permit the customer to limit 
     access to material on the Internet that is harmful to minors.
       ``(2) Definitions.--As used in this subsection:
       ``(A) Internet access provider.--The term `Internet access 
     provider' means a person engaged in the business of providing 
     a computer and communications facility through which a 
     customer may obtain access to the Internet, but does not 
     include a common carrier to the extent that it provides only 
     telecommunications services.
       ``(B) Internet access services.--The term `Internet access 
     services' means the provision of computer and communications 
     services through which a customer using a computer and a 
     modem or other communications device may obtain access to the 
     Internet, but does not include telecommunications services 
     provided by a common carrier.
       ``(C) Screening software.--The term `screening software' 
     means software that is designed to permit a person to limit 
     access to material on the Internet that is harmful to 
     minors.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to agreements for the provision of Internet 
     access services entered into on or after the date that is 6 
     months after the date of enactment of this Act.
       Sec. 628. Report on Korean Steel Subsidies. (a) In 
     General.--Not later than 60 days after the date of enactment 
     of this Act, the United States Trade Representative (in this 
     section referred to as the ``Trade Representative'') shall 
     report to Congress on the Trade Representative's analysis 
     regarding--
       (1) whether the Korean Government provided subsidies to 
     Hanbo Steel;
       (2) whether such subsidies had an adverse effect on United 
     States companies;
       (3) the status of the Trade Representative's contacts with 
     the Korean Government with respect to industry concerns 
     regarding Hanbo Steel and efforts to eliminate subsidies; and
       (4) the status of the Trade Representative's contacts with 
     other Asian trading partners regarding the adverse effect of 
     Korean steel subsidies on such trading partners.
       (b) Status of Investigation.--The report described in 
     subsection (a) shall also include information on the status 
     of any investigations initiated as a result of press reports 
     that the Korean Government ordered Pohang Iron and Steel 
     Company, in which the Government owns a controlling interest, 
     to sell steel in Korea at a price that is 30 percent lower 
     than the international market prices.
       Sec. 629. Notwithstanding any other provision of law, no 
     funds appropriated or otherwise made available for fiscal 
     year 1999 by this Act or any other Act may be obligated or 
     expended for purposes of enforcing any rule or regulation 
     requiring the installation or operation aboard United States 
     fishing industry vessels of the Global Maritime Distress and 
     Safety System (GMDSS).
       Sec. 630. Agricultural Export Controls. The International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) is 
     amended--
       (1) by redesignating section 208 as section 209; and
       (2) by inserting after section 207 the following new 
     section:

     ``SEC. 208. AGRICULTURAL CONTROLS.

       ``(a) In General.--
       ``(1) Report to congress.--If the President imposes export 
     controls on any agricultural commodity in order to carry out 
     the provisions of this Act, the President shall immediately 
     transmit a report on such action to Congress, setting forth 
     the reasons for the controls in detail and specifying the 
     period of time, which may not exceed 1 year, that the 
     controls are proposed to be in effect. If Congress, within 60 
     days after the date of its receipt of the report, adopts a 
     joint resolution pursuant to subsection (b), approving the 
     imposition of the export controls, then such controls shall 
     remain in effect for the period specified in the report, or 
     until terminated by the President, whichever occurs first. If 
     Congress, within 60 days after the date of its receipt of 
     such report, fails to adopt a joint resolution approving such 
     controls, then such controls shall cease to be effective upon 
     the expiration of that 60-day period.
       ``(2) Application of paragraph (1).--The provisions of 
     paragraph (1) and subsection (b) shall not apply to export 
     controls--
       ``(A) which are extended under this Act if the controls, 
     when imposed, were approved by Congress under paragraph (1) 
     and subsection (b); or
       ``(B) which are imposed with respect to a country as part 
     of the prohibition or curtailment of all exports to that 
     country.
       ``(b) Joint Resolution.--
       ``(1) In general.--For purposes of this subsection, the 
     term `joint resolution' means only a joint resolution the 
     matter after the resolving clause of which is as follows: 
     `That, pursuant to section 208 of the International Emergency 
     Economic Powers Act, the President may impose export controls 
     as specified in the report submitted to Congress on 
     _________.', with the blank space being filled with the 
     appropriate date.
       ``(2) Introduction.--On the day on which a report is 
     submitted to the House of Representatives and the Senate 
     under subsection (a), a joint resolution with respect to the 
     export controls specified in such report shall be introduced 
     (by request) in the House of Representatives by the chairman 
     of the Committee on International Relations, for himself and 
     the ranking minority member of the Committee, or by Members 
     of the House designated by the chairman and ranking minority 
     member; and shall be introduced (by request) in the Senate by 
     the Majority Leader of the Senate, for himself and the 
     Minority Leader of the Senate, or by Members of the Senate 
     designated by the Majority Leader and Minority Leader of the 
     Senate. If either House is not in session on the day on which 
     such a report is submitted, the joint resolution shall be 
     introduced in that House, as provided in the preceding 
     sentence, on the first day thereafter on which that House is 
     in session.
       ``(3) Referral.--All joint resolutions introduced in the 
     House of Representatives and in the Senate shall be referred 
     to the appropriate committee.
       ``(4) Discharge of committee.--If the committee of either 
     House to which a joint resolution has been referred has not 
     reported the joint resolution at the end of 30 days after its 
     referral, the committee shall be discharged from further 
     consideration of the joint resolution or of any other joint 
     resolution introduced with respect to the same matter.
       ``(5) Consideration in senate and house of 
     representatives.--A joint resolution under this subsection 
     shall be considered in the Senate in accordance with the 
     provisions of section 601(b)(4) of the International Security 
     Assistance and Arms Export Control Act of 1976. For the 
     purpose of expediting the consideration and passage of joint 
     resolutions reported or discharged pursuant to the provisions 
     of this subsection, it shall be in order for the Committee on 
     Rules of the House of Representatives to present for 
     consideration a resolution of the House of Representatives 
     providing procedures for the immediate consideration of a 
     joint resolution under this subsection which may be similar, 
     if applicable, to the procedures set forth in section 
     601(b)(4) of the International Security Assistance and Arms 
     Export Control Act of 1976.
       ``(6) Passage by 1 house.--In the case of a joint 
     resolution described in paragraph (1), if, before the passage 
     by 1 House of a joint resolution of that House, that House 
     receives a resolution with respect to the same matter from 
     the other House, then--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.
       ``(c) Computation of Time.--In the computation of the 
     period of 60 days referred to in subsection (a) and the 
     period of 30 days referred to in paragraph (4) of subsection 
     (b), there shall be excluded the days on which either House 
     of Congress is not in session because of an adjournment of 
     more than 3 days to a day certain or because of an 
     adjournment of Congress sine die.''.
       Sec. 631. Investigation of Practices of Canadian Wheat 
     Board. (a) In General.--

[[Page S9306]]

     Notwithstanding any other provision of law, not less than 4 
     of the new employees authorized in fiscal years 1998 and 1999 
     for the Office of the United States Trade Representative 
     shall work on investigating pricing practices of the Canadian 
     Wheat Board and determining whether the United States spring 
     wheat, barley, or durum wheat industries have suffered injury 
     as a result of those practices.
       (b) Scope of Investigation.--The purpose of the 
     investigation described in subsection (a) shall be to 
     determine whether the practices of the Canadian Wheat Board 
     constitute violations of the antidumping or countervailing 
     duty provisions of title VII of the Tariff Act of 1930 or the 
     provisions of title II or III of the Trade Act of 1974. The 
     investigation shall include--
       (1) a determination as to whether the United States durum 
     wheat industry, spring wheat industry, or barley industry is 
     being materially injured or is threatened with material 
     injury as a result of the practices of the Canadian Wheat 
     Board;
       (2) a determination as to whether the acts, policies, or 
     practices of the Canadian Wheat Board--
       (A) violate, or are inconsistent with, the provisions of, 
     or otherwise deny benefits to the United States under, any 
     trade agreement, or
       (B) are unjustifiable or burden or restrict United States 
     commerce;
       (3) a review of home market price and cost of acquisition 
     of Canadian grain;
       (4) a determination as to whether Canadian grain is being 
     imported into the United States in sufficient quantities to 
     be a substantial cause of serious injury or threat of serious 
     injury to the United States spring wheat, barley, or durum 
     wheat industries; and
       (5) a determination as to whether there is harmonization in 
     the requirements for cross-border transportation of grain 
     between Canada and the United States.
       (c) Action Based On Results of the Investigation.--
       (1) In general.--If, based on the investigation conducted 
     pursuant to this section, there is an affirmative 
     determination under subsection (b) with respect to any act, 
     policy, or practice of the Canadian Wheat Board, appropriate 
     action shall be initiated under title VII of the Tariff Act 
     of 1930, or title II or III of the Trade Act of 1974.
       (2) Correction of harmonization problems.--If, based on the 
     investigation conducted pursuant to this section, there is a 
     determination that there is no harmonization for cross-border 
     grain transportation between Canada and the United States, 
     the United States Trade Representative shall report to 
     Congress regarding what action should be taken in order to 
     harmonize cross-border transportation requirements.
       (d) Report.--Not later than 6 months after the date of 
     enactment of this Act, the United States Trade Representative 
     shall report to Congress on the results of the investigation 
     conducted pursuant to this section.
       (e) Definition of Grain.--For purposes of this section, the 
     terms ``Canadian grain'' and ``grain'' include spring wheat, 
     durum wheat, and barley.
       Sec. 632. (a) In General.--Section 331 of the 
     Communications Act of 1934 (47 U.S.C. 331) is amended by 
     adding at the end the following:
       ``(c) FM Translator Stations.--(1) It may be the policy of 
     the Commission, in any case in which the licensee of an 
     existing FM translator station operating in the commercial FM 
     band is licensed to a county (or to a community in such 
     county) that has a population of 700,000 or more persons, is 
     not an integral part of a larger municipal entity, and lacks 
     a commercial FM radio station licensed to the county (or to 
     any community within such county), to extend to the 
     licensee--
       ``(A) authority for the origination of unlimited local 
     programming through the station on a primary basis but only 
     if the licensee abides in such programming by all rules, 
     regulations, and policies of the Commission regarding program 
     material, content, schedule, and public service obligations 
     otherwise applicable to commercial FM radio stations; and
       ``(B) authority to operate the station (either 
     omnidirectionally or directionally, with facilities 
     equivalent to those of a station operating with maximum 
     effective radiated power of less than 100 watts and maximum 
     antenna height above average terrain of 100 meters) if--
       ``(i) the station is not located within 320 kilometers 
     (approximately 199 miles) of the United States border with 
     Canada or with Mexico;
       ``(ii) the station provides full service FM stations 
     operating on co-channel and first adjacent channels 
     protection from interference as required by rules and 
     regulations of the Commission applicable to full service FM 
     stations; and
       ``(iii) the station complies with any other rules, 
     regulations, and policies of the Commission applicable to FM 
     translator stations that are not inconsistent with the 
     provisions of this subparagraph.
       ``(2) Notwithstanding any rules, regulations, or policies 
     of the Commission applicable to FM translator stations, a 
     station operated under the authority of paragraph (1)(B)--
       ``(A) may accept or receive any amount of theoretical 
     interference from any full service FM station;
       ``(B) may be deemed to comply in such operation with any 
     intermediate frequency (IF) protection requirements if the 
     station's effective radiated power in the pertinent direction 
     is less than 100 watts;
       ``(C) may not be required to provide protection in such 
     operation to any other FM station operating on 2nd or 3rd 
     adjacent channels;
       ``(D) may utilize transmission facilities located in the 
     county to which the station is licensed or in which the 
     station's community of license is located; and
       ``(E) may utilize a directional antennae in such operation 
     to the extent that such use is necessary to assure provision 
     of maximum possible service to the residents of the county in 
     which the station is licensed or in which the station's 
     community of license is located.
       ``(3)(A) A licensee may exercise the authority provided 
     under paragraph (1)(A) immediately upon written notification 
     to the Commission of its intent to exercise such authority.
       ``(B)(i) A licensee may submit to the Commission an 
     application to exercise the authority provided under 
     paragraph (1)(B). The Commission may treat the application as 
     an application for a minor change to the license to which the 
     application applies.
       ``(ii) A licensee may exercise the authority provided under 
     paragraph (1)(B) upon the granting of the application to 
     exercise the authority under clause (i).''.
       (b) Conforming Amendment.--The section heading of that 
     section is amended to read as follows:

     ``SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM AND FM RADIO 
                   STATIONS.''.

       (c) Renewal of Certain Licenses.--(1) Notwithstanding any 
     other provision of law, the Federal Communications Commission 
     may renew the license of an FM translator station the 
     licensee of which is exercising authority under subparagraph 
     (A) or (B) of section 331(c)(1) of the Communications Act of 
     1934, as added by subsection (a), upon application for 
     renewal of such license filed after the date of enactment of 
     this Act, if the Commission determines that the public 
     interest, convenience, and necessity would be served by the 
     renewal of the license.
       (2) If the Commission determines under paragraph (1) that 
     the public interest, convenience, and necessity would not be 
     served by the renewal of a license, the Commission shall, 
     within 30 days of the date on which the decision not to renew 
     the license becomes final, provide for the filing of 
     applications for licenses for FM translator service to 
     replace the FM translator service covered by the license not 
     to be renewed.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                          working capital fund

                              (rescission)

       Of the unobligated balances available under this heading on 
     September 30, 1997, $45,326,000 are rescinded.

                    Federal Bureau of Investigation


                             (RESCISSIONS)

       Of the funds provided in previous Acts, the following funds 
     are hereby rescinded from the following accounts in the 
     specified amounts:
       ``Construction, 1996'', $6,000,000.
       ``Construction, 1998'', $4,000,000.
       ``Salaries and Expenses-Legal Attache, 1998'', $4,178,000.
       ``Salaries and Expenses, no year'', $6,400,000.
       ``Violent Crime Reduction Program, 1996'', $2,000,000.
       ``Violent Crime Reduction Program, 1997'', $300,000.

                         DEPARTMENT OF COMMERCE


                             (rescissions)

       Of the funds provided in previous Acts, the following funds 
     are hereby rescinded from the following accounts in the 
     specified amounts:
       ``United States Travel and Tourism Administration, no 
     year'', $915,000.
       ``Endowment for Children's Educational TV, no year'', 
     $1,175,000.

                          DEPARTMENT OF STATE

              Contributions to International Organizations


                              (rescission)

       Of the total amount of appropriations provided in Acts 
     enacted before this Act for the Interparliamentary Union, 
     $400,000 is rescinded.

      TITLE VIII--LOCAL GOVERNMENT LAW ENFORCEMENT BLOCK GRANT ACT

       Sec. 801. Short Title; Definitions. (a) Short Title.--This 
     title may be cited as the ``Local Government Law Enforcement 
     Block Grant Act of 1998''.
       (b) Definitions.--In this Act:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Justice Assistance of the Department of 
     Justice.
       (2) Juvenile.--The term ``juvenile'' means an individual 
     who is 17 years of age or younger.
       (3) Law enforcement expenditures.--The term ``law 
     enforcement expenditures'' means the current operation 
     expenditures associated with police, prosecutorial, legal, 
     and judicial services, and corrections as reported to the 
     Bureau of the Census.
       (4) Part 1 violent crimes.--The term ``part 1 violent 
     crimes'' means murder and nonnegligent manslaughter, forcible 
     rape, robbery, and aggravated assault as reported

[[Page S9307]]

     to the Federal Bureau of Investigation for purposes of the 
     Uniform Crime Reports.
       (5) Payment period.--The term ``payment period'' means each 
     1-year period beginning on October 1 of any year in which a 
     grant under this Act is awarded.
       (6) State.--The term ``State'' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, American Samoa, Guam, and 
     the Northern Mariana Islands, except that American Samoa, 
     Guam, and the Northern Mariana Islands shall be considered as 
     1 State and that, for purposes of section 805(a), 33 percent 
     of the amounts allocated shall be allocated to American 
     Samoa, 50 percent to Guam, and 17 percent to the Northern 
     Mariana Islands.
       (7) Unit of local government.--The term ``unit of local 
     government'' means--
       (A) a county, township, city, or political subdivision of a 
     county, township, or city, that is a general purpose unit of 
     local government, as determined by the Secretary of Commerce 
     for general statistical purposes, including a parish sheriff 
     in the State of Louisiana;
       (B) the District of Columbia and the recognized governing 
     body of an Indian tribe or Alaska Native village that carries 
     out substantial governmental duties and powers; and
       (C) the Commonwealth of Puerto Rico, in addition to being 
     considered a State, for the purposes set forth in section 
     802(a)(2).
       Sec. 802. Payments to Local Governments. (a) Payment and 
     Use.--
       (1) Payment.--The Director shall pay to each unit of local 
     government that qualifies for a payment under this Act an 
     amount equal to the sum of any amounts allocated to such unit 
     under this Act for each payment period. The Director shall 
     pay such amount from amounts appropriated to carry out this 
     Act.
       (2) Use.--Amounts paid to a unit of local government under 
     this section shall be used by the unit for reducing crime and 
     improving public safety, including but not limited to, 1 or 
     more of the following purposes:
       (A)(i) Hiring, training, and employing on a continuing 
     basis new, additional law enforcement officers and necessary 
     support personnel.
       (ii) Paying overtime to presently employed law enforcement 
     officers and necessary support personnel for the purpose of 
     increasing the number of hours worked by such personnel.
       (iii) Procuring equipment, technology, and other material 
     directly related to basic law enforcement functions.
       (B) Enhancing security measures--
       (i) in and around schools; and
       (ii) in and around any other facility or location that is 
     considered by the unit of local government to have a special 
     risk for incidents of crime.
       (C) Establishing crime prevention programs that may, though 
     not exclusively, involve law enforcement officials and that 
     are intended to discourage, disrupt, or interfere with the 
     commission of criminal activity, including neighborhood watch 
     and citizen patrol programs, sexual assault and domestic 
     violence programs, and programs intended to prevent juvenile 
     crime.
       (D) Establishing or supporting drug courts.
       (E) Establishing early intervention and prevention programs 
     for juveniles to reduce or eliminate crime.
       (F) Enhancing the adjudication process of cases involving 
     violent offenders, including the adjudication process of 
     cases involving violent juvenile offenders.
       (G) Enhancing programs under subpart 1 of part E of the 
     Omnibus Crime Control and Safe Streets Act of 1968.
       (H) Establishing cooperative task forces between adjoining 
     units of local government to work cooperatively to prevent 
     and combat criminal activity, particularly criminal activity 
     that is exacerbated by drug or gang-related involvement.
       (I) Establishing a multijurisdictional task force, 
     particularly in rural areas, composed of law enforcement 
     officials representing units of local government, that works 
     with Federal law enforcement officials to prevent and control 
     crime.
       (J) Establishing or supporting programs designed to 
     collect, record, retain, and disseminate information useful 
     in the identification, prosecution, and sentencing of 
     offenders, such as criminal history information, 
     fingerprints, DNA tests, and ballistics tests.
       (3) Definitions.--In this subsection--
       (A) the term ``violent offender'' means a person charged 
     with committing a part I violent crime; and
       (B) the term ``drug courts'' means a program that 
     involves--
       (i) continuing judicial supervision over offenders with 
     substance abuse problems who are not violent offenders; and
       (ii) the integrated administration of other sanctions and 
     services, which shall include--

       (I) mandatory periodic testing for the use of controlled 
     substances or other addictive substances during any period of 
     supervised release or probation for each participant;
       (II) substance abuse treatment for each participant;
       (III) probation, or other supervised release involving the 
     possibility of prosecution, confinement, or incarceration 
     based on noncompliance with program requirements or failure 
     to show satisfactory progress; and
       (IV) programmatic, offender management, and aftercare 
     services such as relapse prevention, vocational job training, 
     job placement, and housing placement.

       (b) Prohibited Uses.--Notwithstanding any other provision 
     of this Act, a unit of local government may not expend any of 
     the funds provided under this Act to purchase, lease, rent, 
     or otherwise acquire--
       (1) tanks or armored personnel carriers;
       (2) fixed wing aircraft;
       (3) limousines;
       (4) real estate;
       (5) yachts;
       (6) consultants; or
       (7) vehicles not primarily used for law enforcement;
     unless the Attorney General certifies that extraordinary and 
     exigent circumstances exist that make the use of funds for 
     such purposes essential to the maintenance of public safety 
     and good order in such unit of local government. With regard 
     to paragraph (2), such circumstances shall be deemed to exist 
     with respect to a unit of local government in a rural State, 
     as defined in section 1501 of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796bb), upon 
     certification by the chief law enforcement officer of the 
     unit of local government that the unit of local government is 
     experiencing an increase in production or cultivation of a 
     controlled substance or listed chemical (as defined in 
     section 102 of the Controlled Substances Act), and that the 
     fixed wing aircraft will be used in the detection, 
     disruption, or abatement of such production or cultivation.
       (c) Timing of Payments.--The Director shall pay each unit 
     of local government that has submitted an application under 
     this Act not later than the later of--
       (1) 90 days after the date that the amount is available; or
       (2) the first day of the payment period if the unit of 
     local government has provided the Director with the 
     assurances required by section 804(c).
       (d) Adjustments.--
       (1) In general.--Subject to paragraph (2), the Director 
     shall adjust a payment under this Act to a unit of local 
     government to the extent that a prior payment to the unit of 
     local government was more or less than the amount required to 
     be paid.
       (2) Considerations.--The Director may increase or decrease 
     under this subsection a payment to a unit of local government 
     only if the Director determines the need for the increase or 
     decrease, or if the unit requests the increase or decrease, 
     not later than 1 year after the end of the payment period for 
     which a payment was made.
       (e) Reservation for Adjustment.--The Director may reserve a 
     percentage of not more than 2 percent of the amount under 
     this section for a payment period for all units of local 
     government in a State if the Director considers the reserve 
     is necessary to ensure the availability of sufficient amounts 
     to pay adjustments after the final allocation of amounts 
     among the units of local government in the State.
       (f) Repayment of Unexpended Amounts.--
       (1) Repayment required.--A unit of local government shall 
     repay to the Director, by not later than 27 months after 
     receipt of funds from the Director, any amount that is--
       (A) paid to the unit from amounts appropriated under the 
     authority of this section; and
       (B) not expended by the unit within 2 years after receipt 
     of such funds from the Director.
       (2) Penalty for failure to repay.--If the amount required 
     to be repaid is not repaid, the Director shall reduce payment 
     in future payment periods accordingly.
       (3) Deposit of amounts repaid.--Amounts received by the 
     Director as repayments under this subsection shall be 
     deposited in a designated fund for future payments to units 
     of local government. Any amounts remaining in such designated 
     fund after 5 years following the date of enactment of this 
     Act shall be applied to the Federal deficit or, if there is 
     no Federal deficit, to reducing the Federal debt.
       (g) Nonsupplanting Requirement.--Funds made available under 
     this Act to units of local government shall not be used to 
     supplant State or local funds, but shall be used to increase 
     the amount of funds that would, in the absence of funds made 
     available under this Act, be made available from State or 
     local sources.
       (h) Matching Funds.--The Federal share of a grant received 
     under this Act may not exceed 90 percent of the costs of a 
     program or proposal funded under this Act. No funds provided 
     under this Act may be used as matching funds for any other 
     Federal grant program.
       Sec. 803. Authorization of Appropriations. (a) 
     Authorization of Appropriations.--There are authorized to be 
     appropriated to carry out this Act $750,000,000 for each of 
     fiscal years 1998 through 2003.
       (b) Oversight Accountability and Administration.--Not more 
     than 3 percent of the amount authorized to be appropriated 
     under subsection (a) for each of the fiscal years 1998 
     through 2003 shall be available to the Attorney General for 
     studying the overall effectiveness and efficiency of the 
     provisions of this Act, and assuring compliance with the 
     provisions of this Act and for administrative costs to carry 
     out the purposes of this Act. From the amount described in 
     the preceding sentence, the Bureau of Justice Assistance 
     shall receive such sums as may be necessary for the actual 
     costs of administration and monitoring. The Attorney General 
     shall establish and execute an oversight plan for monitoring 
     the activities of grant recipients. Such sums are to remain 
     available until expended.

[[Page S9308]]

       (c) Funding Source.--Appropriations for activities 
     authorized in this Act may be made from the Violent Crime 
     Reduction Trust Fund.
       (d) Technology Assistance.--Of the amount appropriated 
     under subsection (a) for each of fiscal years 1998 through 
     2003, the Attorney General shall reserve--
       (1) 3 percent for use by the Bureau of Justice Statistics 
     for information and identification technology, including the 
     Integrated Automated Fingerprint Identification System 
     (IAFIS), DNA, and ballistics systems; and
       (2) 3 percent for use by the National Institute of Justice 
     in assisting units of local government to identify, select, 
     develop, modernize, and purchase new technologies for use by 
     law enforcement.
       (e) Availability.--The amounts appropriated under 
     subsection (a) shall remain available until expended.
       Sec. 804. Qualification for Payment. (a) In General.--The 
     Director shall issue regulations establishing procedures 
     under which a unit of local government is required to provide 
     notice to the Director regarding the proposed use of funds 
     made available under this Act.
       (b) Program Review.--The Director shall establish a process 
     for the ongoing evaluation of projects developed with funds 
     made available under this Act.
       (c) General Requirements for Qualification.--A unit of 
     local government qualifies for a payment under this Act for a 
     payment period only if the unit of local government submits 
     an application to the Director and establishes, to the 
     satisfaction of the Director, that--
       (1) the unit of local government has established a local 
     advisory board that--
       (A) includes, but is not limited to, a representative 
     from--
       (i) the local police department or local sheriff's 
     department;
       (ii) the local prosecutor's office;
       (iii) the local court system;
       (iv) the local public school system; and
       (v) a local nonprofit, educational, religious, or community 
     group active in crime prevention or drug use prevention or 
     treatment;
       (B) has reviewed the application; and
       (C) is designated to make nonbinding recommendations to the 
     unit of local government for the use of funds received under 
     this Act;
       (2) the chief executive officer of the State has had not 
     less than 20 days to review and comment on the application 
     prior to submission to the Director;
       (3)(A) the unit of local government will establish a trust 
     fund in which the government will deposit all payments 
     received under this Act; and
       (B) the unit of local government will use amounts in the 
     trust fund (including interest) during a period not to exceed 
     2 years from the date the first grant payment is made to the 
     unit of local government;
       (4) the unit of local government will expend the payments 
     received in accordance with the laws and procedures that are 
     applicable to the expenditure of revenues of the unit of 
     local government;
       (5) the unit of local government will use accounting, 
     audit, and fiscal procedures that conform to guidelines, 
     which shall be prescribed by the Director after consultation 
     with the Comptroller General of the United States and as 
     applicable, amounts received under this Act shall be audited 
     in compliance with the Single Audit Act of 1984;
       (6) after reasonable notice from the Director or the 
     Comptroller General of the United States to the unit of local 
     government, the unit of local government will make available 
     to the Director and the Comptroller General of the United 
     States, with the right to inspect, records that the Director 
     reasonably requires to review compliance with this Act or 
     that the Comptroller General of the United States reasonably 
     requires to review compliance and operation;
       (7) a designated official of the unit of local government 
     shall make reports the Director reasonably requires, in 
     addition to the annual reports required under this Act;
       (8) the unit of local government will spend the funds made 
     available under this Act only for the purposes set forth in 
     section 802(a)(2);
       (9) the unit of local government will achieve a net gain in 
     the number of law enforcement officers who perform 
     nonadministrative public safety service if such unit uses 
     funds received under this Act to increase the number of law 
     enforcement officers as described under section 802(a)(2)(A);
       (10) the unit of local government--
       (A) has an adequate process to assess the impact of any 
     enhancement of a school security measure that is undertaken 
     under section 802(a)(2)(B), or any crime prevention programs 
     that are established under subparagraphs (C) and (E) of 
     section 802(a)(2), on the incidence of crime in the 
     geographic area where the enhancement is undertaken or the 
     program is established;
       (B) will conduct such an assessment with respect to each 
     such enhancement or program; and
       (C) will submit an annual written assessment report to the 
     Director; and
       (11) the unit of local government has established 
     procedures to give members of the Armed Forces who, on or 
     after October 1, 1990, were or are selected for involuntary 
     separation (as described in section 1141 of title 10, United 
     States Code), approved for separation under section 1174a or 
     1175 of such title, or retired pursuant to the authority 
     provided under section 4403 of the Defense Conversion, 
     Reinvestment, and Transition Assistance Act of 1992 (division 
     D of Public Law 102-484; 10 U.S.C. 1293 note), a suitable 
     preference in the employment of persons as additional law 
     enforcement officers or support personnel using funds made 
     available under this Act. The nature and extent of such 
     employment preference shall be jointly established by the 
     Attorney General and the Secretary of Defense. To the extent 
     practicable, the Director shall endeavor to inform members 
     who were separated between October 1, 1990, and the date of 
     enactment of this Act of their eligibility for the employment 
     preference.
       (d) Sanctions for Noncompliance.--
       (1) In general.--If the Director determines that a unit of 
     local government has not complied substantially with the 
     requirements or regulations prescribed under subsections (a) 
     and (c), the Director shall notify the unit of local 
     government that if the unit of local government does not take 
     corrective action within 60 days of such notice, the Director 
     will withhold additional payments to the unit of local 
     government for the current and future payment periods until 
     the Director is satisfied that the unit of local government--
       (A) has taken the appropriate corrective action; and
       (B) will comply with the requirements and regulations 
     prescribed under subsections (a) and (c).
       (2) Notice.--Before giving notice under paragraph (1), the 
     Director shall give the chief executive officer of the unit 
     of local government reasonable notice and an opportunity for 
     comment.
       (e) Maintenance of Effort Requirement.--A unit of local 
     government qualifies for a payment under this Act for a 
     payment period only if the unit's expenditures on law 
     enforcement services (as reported by the Bureau of the 
     Census) for the fiscal year preceding the fiscal year in 
     which the payment period occurs were not less than 90 percent 
     of the unit's expenditures on such services for the second 
     fiscal year preceding the fiscal year in which the payment 
     period occurs.
       Sec. 805. Allocation and Distribution of Funds. (a) State 
     Set-Aside.--
       (1) In general.--Of the total amounts appropriated for this 
     Act for each payment period, the Director shall allocate for 
     units of local government in each State an amount that bears 
     the same ratio to such total as the average annual number of 
     part 1 violent crimes reported by such State to the Federal 
     Bureau of Investigation for the 3 most recent calendar years 
     for which such data is available, bears to the number of part 
     1 violent crimes reported by all States to the Federal Bureau 
     of Investigation for such years.
       (2) Minimum requirement.--Each State shall receive not less 
     than 0.5 percent of the total amounts appropriated under 
     section 803 under this subsection for each payment period.
       (3) Proportional reduction.--If amounts available to carry 
     out paragraph (2) for any payment period are insufficient to 
     pay in full the total payment that any State is otherwise 
     eligible to receive under paragraph (1) for such period, then 
     the Director shall reduce payments under paragraph (1) for 
     such payment period to the extent of such insufficiency. 
     Reductions under the preceding sentence shall be allocated 
     among the States (other than States whose payment is 
     determined under paragraph (2)) in the same proportions as 
     amounts would be allocated under paragraph (1) without regard 
     to paragraph (2).
       (b) Local Distribution.--
       (1) In general.--From the amount reserved for each State 
     under subsection (a), the Director shall allocate among units 
     of local government an amount that bears the same ratio to 
     the aggregate amount of such funds as
       (A) the product of--
       (i) two-thirds; multiplied by
       (ii) the ratio of the average annual number of part 1 
     violent crimes in such unit of local government for the 3 
     most recent calendar years for which such data is available, 
     to the sum of such violent crime in all units of local 
     government in the State; and
       (B) the product of--
       (i) one-third; multiplied by
       (ii) the ratio of the law enforcement expenditure, for such 
     unit of local government for the most recent year for which 
     such data are available, to such expenditures for all units 
     of local government in the State.
       (2) Expenditures.--The allocation any unit of local 
     government shall receive under paragraph (1) for a payment 
     period shall not exceed 100 percent of law enforcement 
     expenditures of the unit for such payment period.
       (3) Reallocation.--The amount of any unit of local 
     government's allocation that is not available to such unit by 
     operation of paragraph (2) shall be available to other units 
     of local government that are not affected by such operation 
     in accordance with this subsection.
       (4) Local governments with allocations of less than 
     $10,000.--If under paragraph (1) a unit of local government 
     is allotted less than $10,000 for the payment period, the 
     amount allotted shall be transferred to the chief executive 
     officer of the State who shall distribute such funds among 
     State police departments that provide law enforcement 
     services to units of local government and units of local 
     government whose allotment is less than such amount in a 
     manner that reduces crime and improves public safety.

[[Page S9309]]

       (5) Special rule.--If a unit of local government in the 
     State has been annexed since the date of the collection of 
     the data used by the Director in making allocations pursuant 
     to this section, the Director shall pay the amount that would 
     have been allocated to such unit of local government to the 
     unit of local government that annexed it.
       (c) Grants to Indian Tribes.--Notwithstanding subsections 
     (a) and (b), of the amount appropriated under section 803(a) 
     in each of fiscal years 1998 through 2003, the Attorney 
     General shall reserve 0.3 percent for grants to Indian tribal 
     governments performing law enforcement functions, to be used 
     for the purposes described in section 802. To be eligible to 
     receive a grant with amounts set aside under this subsection, 
     an Indian tribal government shall submit to the Attorney 
     General an application in such form and containing such 
     information as the Attorney General may by regulation 
     require.
       (d) Unavailability and Inaccuracy of Information.--
       (1) Data for states.--For purposes of this section, if data 
     regarding part 1 violent crimes in any State for the 3 most 
     recent calendar years is unavailable, insufficient, or 
     substantially inaccurate, the Director shall utilize the best 
     available comparable data regarding the number of violent 
     crimes for such years for such State for the purposes of 
     allocation of any funds under this Act.
       (2) Possible inaccuracy of data for units of local 
     government.--In addition to the provisions of paragraph (1), 
     if the Director believes that the reported rate of part 1 
     violent crimes or legal expenditure information for a unit of 
     local government is insufficient or inaccurate, the Director 
     shall--
       (A) investigate the methodology used by such unit to 
     determine the accuracy of the submitted data; and
       (B) when necessary, use the best available comparable data 
     regarding the number of violent crimes or legal expenditure 
     information for such years for such unit of local government.
       Sec. 806. Utilization of Private Sector. Funds or a portion 
     of funds allocated under this Act may be utilized to contract 
     with private, nonprofit entities or community-based 
     organizations to carry out the purposes specified under 
     section 802(a)(2).
       Sec. 807. Public Participation. (a) In General.--A unit of 
     local government expending payments under this Act shall hold 
     not less than 1 public hearing on the proposed use of the 
     payment from the Director in relation to its entire budget.
       (b) Views.--At the hearing, persons shall be given an 
     opportunity to provide written and oral views to the unit of 
     local government authority responsible for enacting the 
     budget.
       (c) Time and Place.--The unit of local government shall 
     hold the hearing at a time and place that allows and 
     encourages public attendance and participation.
       Sec. 808. Administrative Provisions. The administrative 
     provisions of part H of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3782 et seq.), shall apply to 
     this Act and for purposes of this section any reference in 
     such provisions to title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) shall be 
     deemed to be a reference to this Act.

             TITLE IX--NATIONAL WHALE CONSERVATION FUND ACT

       Sec. 901. Short Title. This title may be cited as the 
     ``National Whale Conservation Fund Act of 1998''.
       Sec. 902. Findings. Congress finds that--
       (1) the populations of whales that occur in waters of the 
     United States are resources of substantial ecological, 
     scientific, socioeconomic, and esthetic value;
       (2) whale populations--
       (A) form a significant component of marine ecosystems;
       (B) are the subject of intense research;
       (C) provide for a multimillion dollar whale watching 
     tourist industry that provides the public an opportunity to 
     enjoy and learn about great whales and the ecosystems of 
     which the whales are a part; and
       (D) are of importance to Native Americans for cultural and 
     subsistence purposes;
       (3) whale populations are in various stages of recovery, 
     and some whale populations, such as the northern right whale 
     (Eubaleana glacialis) remain perilously close to extinction;
       (4) the interactions that occur between ship traffic, 
     commercial fishing, whale watching vessels, and other 
     recreational vessels and whale populations may affect whale 
     populations adversely;
       (5) the exploration and development of oil, gas, and hard 
     mineral resources, marine debris, chemical pollutants, noise, 
     and other anthropogenic sources of change in the habitat of 
     whales may affect whale populations adversely;
       (6) the conservation of whale populations is subject to 
     difficult challenges related to--
       (A) the migration of whale populations across international 
     boundaries;
       (B) the size of individual whales, as that size precludes 
     certain conservation research procedures that may be used for 
     other animal species, such as captive research and breeding;
       (C) the low reproductive rates of whales that require long-
     term conservation programs to ensure recovery of whale 
     populations; and
       (D) the occurrence of whale populations in offshore waters 
     where undertaking research, monitoring, and conservation 
     measures is difficult and costly;
       (7)(A) the Secretary of Commerce, through the Administrator 
     of the National Oceanic and Atmospheric Administration, has 
     research and regulatory responsibility for the conservation 
     of whales under the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.); and
       (B) the heads of other Federal agencies and the Marine 
     Mammal Commission established under section 201 of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1401) have related 
     research and management activities under the Marine Mammal 
     Protection Act of 1972 or the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.);
       (8) the funding available for the activities described in 
     paragraph (8) is insufficient to support all necessary whale 
     conservation and recovery activities; and
       (9) there is a need to facilitate the use of funds from 
     non-Federal sources to carry out the conservation of whales.
       Sec. 903. National Whale Conservation Fund. Section 4 of 
     the National Fish and Wildlife Establishment Act (16 U.S.C. 
     3703) is amended by adding at the end the following:
       ``(f)(1) In carrying out the purposes under section 2(b), 
     the Foundation may establish a national whale conservation 
     endowment fund, to be used by the Foundation to support 
     research, management activities, or educational programs that 
     contribute to the protection, conservation, or recovery of 
     whale populations in waters of the United States.
       ``(2)(A) In a manner consistent with subsection (c)(1), the 
     Foundation may--
       ``(i) accept, receive, solicit, hold, administer, and use 
     any gift, devise, or bequest made to the Foundation for the 
     express purpose of supporting whale conservation; and
       ``(ii) deposit in the endowment fund under paragraph (1) 
     any funds made available to the Foundation under this 
     subparagraph, including any income or interest earned from a 
     gift, devise, or bequest received by the Foundation under 
     this subparagraph.
       ``(B) To raise funds to be deposited in the endowment fund 
     under paragraph (1), the Foundation may enter into 
     appropriate arrangements to provide for the design, 
     copyright, production, marketing, or licensing, of logos, 
     seals, decals, stamps, or any other item that the Foundation 
     determines to be appropriate.
       ``(C)(i) The Secretary of Commerce may transfer to the 
     Foundation for deposit in the endowment fund under paragraph 
     (1)--
       ``(I) any amount (or portion thereof) received by the 
     Secretary under section 105(a)(1) of the Marine Mammal 
     Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a civil 
     penalty assessed by the Secretary under that section; or
       ``(II) any amount (or portion thereof) received by the 
     Secretary as a settlement or award for damages in a civil 
     action or other legal proceeding relating to damage of 
     natural resources.
       ``(ii) The Directors of the Board shall ensure that any 
     amounts transferred to the Foundation under clause (i) for 
     the endowment fund under paragraph (1) are deposited in that 
     fund in accordance with this subparagraph.
       ``(3) It is the intent of Congress that in making 
     expenditures from the endowment fund under paragraph (1) to 
     carry out activities specified in that paragraph, the 
     Foundation should give priority to funding projects that 
     address the conservation of populations of whales that the 
     Foundation determines--
       ``(A) are the most endangered (including the northern right 
     whale (Eubaleana glacialis)); or
       ``(B) most warrant, and are most likely to benefit from, 
     research managment, or educational activities that may be 
     funded with amounts made available from the fund.
       ``(g) In carrying out any action on the part of the 
     Foundation under subsection (f), the Directors of the Board 
     shall consult with the Administrator of the National Oceanic 
     and Atmospheric Administration and the Marine Mammal 
     Commission.''.

                     TITLE X--VAWA RESTORATION ACT

       Sec. 1001. Short Title. This title may be cited as the 
     ``VAWA Restoration Act''.
       Sec. 1002. Removing Barriers to Adjustment of Status for 
     Victims of Domestic Violence. (a) In General.--Section 245 of 
     the Immigration and Nationality Act (8 U.S.C. 1255) is 
     amended--
       (1) in subsection (a), by inserting ``of an alien who 
     qualifies for classification under subparagraph (A)(iii), 
     (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after 
     ``The status'';
       (2) in subsection (a), by adding at the end the following: 
     ``An alien who qualifies for classification under 
     subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1) who files for adjustment of status under 
     this subsection shall pay a $1,000 fee, subject to the 
     provisions of section 245(k).'';
       (3) in subsection (c)(2), by striking ``201(b) or a 
     special'' and inserting ``201(b), an alien who qualifies for 
     classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
     or (B)(iii) of section 204(a)(1), or a special'';
       (4) in subsection (c)(4), by striking ``201(b))'' and 
     inserting ``201(b) or an alien who qualifies for 
     classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
     or (B)(iii) of section 204(a)(1))'';
       (5) in subsection (c)(5), by inserting ``(other than an 
     alien who qualifies for classification under subparagraph 
     (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 
     204(a)(1))'' after ``an alien''; and
       (6) in subsection (c)(8), by inserting ``(other than an 
     alien who qualifies for classification

[[Page S9310]]

     under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1)'' after ``any alien''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to applications for adjustment of status pending 
     on or after the date of the enactment of this title.
       Sec. 1003. Removing Barriers to Cancellation of Removal and 
     Suspension of Deportation for Victims of Domestic Violence. 
     (a) In General.--
       (1) Special rule for calculating continuous period for 
     battered spouse or child.--Paragraph (1) of section 240A(d) 
     of the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) 
     is amended to read as follows:
       ``(1) Termination of continuous period.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     for purposes of this section, any period of continuous 
     residence or continuous physical presence in the United 
     States shall be deemed to end when the alien is served a 
     notice to appear under section 239(a) or when the alien has 
     committed an offense referred to in section 212(a)(2) that 
     renders the alien inadmissible to the United States under 
     section 212(a)(2) or removable from the United States under 
     section 237(a)(2) or 237(a)(4), whichever is earliest.
       ``(B) Special rule for battered spouse or child.--For 
     purposes of subsection (b)(2), the service of a notice to 
     appear referred to in subparagraph (A) shall not be deemed to 
     end any period of continuous physical presence in the United 
     States.''.
       (2) Exemption from annual limitation on cancellation of 
     removal for battered spouse or child.--Section 240A(e)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is 
     amended by adding at the end the following:
       ``(C) Aliens whose removal is canceled under subsection 
     (b)(2).''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall take effect as if included in the enactment of 
     section 304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (b) Modification of Certain Transition Rules for Battered 
     Spouse or Child.--
       (1) In general.--Subparagraph (C) of section 309(c)(5) of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1101 note) (as amended by section 203 
     of the Nicaraguan Adjustment and Central American Relief Act) 
     is amended--
       (A) by amending the subparagraph heading to read as 
     follows:
       ``(C) Special rule for certain aliens granted temporary 
     protection from deportation and for battered spouses and 
     children.--''; and
       (B) in clause (i)--
       (i) by striking ``or'' at the end of subclause (IV);
       (ii) by striking the period at the end of subclause (V) and 
     inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(VI) is an alien who was issued an order to show cause or 
     was in deportation proceedings prior to April 1, 1997, and 
     who applied for suspension of deportation under section 
     244(a)(3) of the Immigration and Nationality Act (as in 
     effect before the date of the enactment of this Act).''.

       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect as if included in the enactment of section 
     309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note).
       Sec. 1004. Eliminating Time Limitations on Motions to 
     Reopen Removal and Deportation Proceedings for Victims of 
     Domestic Violence. (a) Removal Proceedings.--
       (1) In general.--Section 240(c)(6)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by 
     adding at the end the following:
       ``(iv) Special rule for battered spouses and children.--
     There is no time limit on the filing of a motion to reopen, 
     and the deadline specified in subsection (b)(5)(C) does not 
     apply, if the basis of the motion is to apply for adjustment 
     of status based on a petition filed under clause (iii) or 
     (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
     204(a)(1)(B), or section 240A(b)(2) and if the motion to 
     reopen is accompanied by a cancellation of removal 
     application to be filed with the Attorney General or by a 
     copy of the self-petition that will be filed with the 
     Immigration and Naturalization Service upon the granting of 
     the motion to reopen.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (b) Deportation Proceedings.--
       (1) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen deportation proceedings under the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note)), there is no time limit on the filing 
     of a motion to reopen such proceedings, and the deadline 
     specified in section 242B(c)(3) of the Immigration and 
     Nationality Act (as so in effect) does not apply, if the 
     basis of the motion is to apply for relief under clause (iii) 
     or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, clause (ii) or (iii) of section 204(a)(1)(B) 
     of such Act, or section 244(a)(3) of such Act (as so in 
     effect) and if the motion to reopen is accompanied by a 
     cancellation of removal application to be filed with the 
     Attorney General or by a copy of the self-petition that will 
     be filed with the Immigration and Naturalization Service upon 
     the granting of the motion to reopen.
       (2) Applicability.--Paragraph (1) shall apply to motions 
     filed by aliens who--
       (A) are, or were, in deportation proceedings under the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note)); and
       (B) have become eligible to apply for relief under clause 
     (iii) or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act, clause (ii) or (iii) of section 204(a)(1)(B) 
     of such Act, or section 244(a)(3) of such Act (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1101 note)) as a result of the amendments 
     made by--
       (i) subtitle G of title IV of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953 et seq.); or
       (ii) section 1003 of this title.

                TITLE XI--TEMPORARY AGRICULTURAL WORKERS

       Sec. 1101. Short Title; Table of Contents. (a) Short 
     Title.--This title may be cited as the ``Agricultural Job 
     Opportunity Benefits and Security Act of 1998''.
       (b) Table of Contents.--The table of contents of this title 
     is as follows:

Sec. 1101. Short title; table of contents.
Sec. 1102. Definitions.
Sec. 1103. Agricultural worker registries.
Sec. 1104. Employer applications and assurances.
Sec. 1105. Search of registry.
Sec. 1106. Issuance of visas and admission of aliens.
Sec. 1107. Employment requirements.
Sec. 1108. Enforcement and penalties.
Sec. 1109. Alternative program for the admission of temporary H-2A 
              workers.
Sec. 1110. Inclusion in employment-based immigration preference 
              allocation.
Sec. 1111. Migrant and seasonal Head Start program.
Sec. 1112. Regulations.
Sec. 1113. Funding.
Sec. 1114. Report to Congress.
Sec. 1115. Presidential authority.
Sec. 1116. Effective date.
       Sec. 1102. Definitions. In this title:
       (1) Adverse effect wage rate.--The term ``adverse effect 
     wage rate'' means the rate of pay for an agricultural 
     occupation that is 5-percent above the prevailing rate of pay 
     for that agricultural occupation in an area of intended 
     employment, if the average hourly equivalent of the 
     prevailing rate of pay for the occupation is less than the 
     prior year's average hourly earnings of field and livestock 
     workers for the State (or region that includes the State), as 
     determined by the Secretary of Agriculture. No adverse effect 
     wage rate shall be more than the prior year's average hourly 
     earnings of field and livestock workers for the State (or 
     region that includes the State), as determined by the 
     Secretary of Agriculture.
       (2) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity included within 
     the provisions of section 3(f) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(f)) or section 3121(g) of the 
     Internal Revenue Code of 1986 and the handling, planting, 
     drying, packing, packaging, processing, freezing, or grading 
     prior to delivery for storage of any agricultural or 
     horticultural commodity in its unmanufactured state.
       (3) Eligible.--The term ``eligible'' as used with respect 
     to workers or individuals, means individuals authorized to be 
     employed in the United States as provided for in section 
     274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1188).
       (4) Employer.--The term ``employer'' means any person or 
     entity, including any independent contractor and any 
     agricultural association, that employs workers.
       (5) Job opportunity.--The term ``job opportunity'' means a 
     specific period of employment for a worker in one or more 
     specified agricultural activities.
       (6) Prevailing wage.--The term ``prevailing wage'' means 
     with respect to an agricultural activity in an area of 
     intended employment, the rate of wages that includes the 51st 
     percentile of employees in that agricultural activity in the 
     area of intended employment, expressed in terms of the 
     prevailing method of pay for the agricultural activity in the 
     area of intended employment.
       (7) Registered worker.--The term ``registered worker'' 
     means an individual whose name appears in a registry.
       (8) Registry.--The term ``registry'' means an agricultural 
     worker registry established under section 1103(a).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (10) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen, a 
     United States national, or an alien who is authorized to work 
     in the job opportunity within the United States other than an 
     alien admitted pursuant to section 101(a)(15)(H)(ii)(a) or 
     218 of the Immigration and Nationality Act, as in effect on 
     the effective date of this title.
       Sec. 1103. Agricultural Worker Registries. (a) 
     Establishment of Registries.--

[[Page S9311]]

       (1) In general.--The Secretary of Labor shall establish and 
     maintain a system of registries containing a current database 
     of eligible United States workers who seek to perform 
     temporary or seasonal agricultural work and the employment 
     status of such workers--
       (A) to ensure that eligible United States workers are 
     informed about available agricultural job opportunities;
       (B) to maximize the work period for eligible United States 
     workers; and
       (C) to provide timely referral of such workers to temporary 
     and seasonal agricultural job opportunities in the United 
     States.
       (2) Coverage.--
       (A) Single state or group of states.--Each registry 
     established under paragraph (1) shall include the job 
     opportunities in a single State, or a group of contiguous 
     States that traditionally share a common pool of seasonal 
     agricultural workers.
       (B) Requests for inclusion.--Each State requesting 
     inclusion in a registry, or having any group of agricultural 
     producers seeking to utilize the registry, shall be 
     represented by a registry or by a registry of contiguous 
     States.
       (b) Registration.--
       (1) In general.--An eligible individual who seeks 
     employment in temporary or seasonal agricultural work may 
     apply to be included in the registry for the State or States 
     in which the individual seeks employment. Such application 
     shall include--
       (A) the name and address of the individual;
       (B) the period or periods of time (including beginning and 
     ending dates) during which the individual will be available 
     for temporary or seasonal agricultural work;
       (C) the registry or registries on which the individual 
     desires to be included;
       (D) the specific qualifications and work experience 
     possessed by the applicant;
       (E) the type or types of temporary or seasonal agricultural 
     work the applicant is willing to perform;
       (F) such other information as the applicant wishes to be 
     taken into account in referring the applicant to temporary or 
     seasonal agricultural job opportunities; and
       (G) such other information as may be required by the 
     Secretary.
       (2) Validation of employment authorization.--No person may 
     be included on any registry unless the Attorney General has 
     certified to the Secretary of Labor that the person is 
     authorized to be employed in the United States.
       (3) Workers referred to job opportunities.--The name of 
     each registered worker who is referred and accepts employment 
     with an employer pursuant to section 1105 shall be classified 
     as inactive on each registry on which the worker is included 
     during the period of employment involved in the job to which 
     the worker was referred, unless the worker reports to the 
     Secretary that the worker is no longer employed and is 
     available for referral to another job opportunity. A 
     registered worker classified as inactive shall not be 
     referred pursuant to section 1105.
       (4) Removal of names from a registry.--The Secretary shall 
     remove from all registries the name of any registered worker 
     who, on 3 separate occasions within a 3-month period, is 
     referred to a job opportunity pursuant to this section, and 
     who declines such referral or fails to report to work in a 
     timely manner.
       (5) Voluntary removal.--A registered worker may request 
     that the worker's name be removed from a registry or from all 
     registries.
       (6) Removal by expiration.--The application of a registered 
     worker shall expire, and the Secretary shall remove the name 
     of such worker from all registries if the worker has not 
     accepted a job opportunity pursuant to this section within 
     the preceding 12-month period.
       (7) Reinstatement.--A worker whose name is removed from a 
     registry pursuant to paragraph (4), (5), or (6) may apply to 
     the Secretary for reinstatement to such registry at any time.
       (c) Confidentiality of Registries.--The Secretary shall 
     maintain the confidentiality of the registries established 
     pursuant to this section, and the information in such 
     registries shall not be used for any purposes other than 
     those authorized in this title.
       (d) Advertising of Registries.--The Secretary shall widely 
     disseminate, through advertising and other means, the 
     existence of the registries for the purpose of encouraging 
     eligible United States workers seeking temporary or seasonal 
     agricultural job opportunities to register.
       Sec. 1104. Employer Applications and Assurances. (a) 
     Applications to the Secretary.--
       (1) In general.--Not later than 21 days prior to the date 
     on which an agricultural employer desires to employ a 
     registered worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall apply to the Secretary for 
     the referral of a United States worker through a search of 
     the appropriate registry, in accordance with section 1105. 
     Such application shall--
       (A) describe the nature and location of the work to be 
     performed;
       (B) list the anticipated period (expected beginning and 
     ending dates) for which workers will be needed;
       (C) indicate the number of job opportunities in which the 
     employer seeks to employ workers from the registry;
       (D) describe the bona fide occupational qualifications that 
     must be possessed by a worker to be employed in the job 
     opportunity in question;
       (E) describe the wages and other terms and conditions of 
     employment the employer will offer, which shall not be less 
     (and are not required to be more) than those required by this 
     section;
       (F) contain the assurances required by subsection (c); and
       (G) specify the foreign country or region thereof from 
     which alien workers should be admitted in the case of a 
     failure to refer United States workers under this title.
       (2) Applications by associations on behalf of employer 
     members.--
       (A) In general.--An agricultural association may file an 
     application under paragraph (1) for registered workers on 
     behalf of its employer members.
       (B) Employers.--An application under subparagraph (A) shall 
     cover those employer members of the association that the 
     association certifies in its application have agreed in 
     writing to comply with the requirements of this title.
       (b) Amendment of Applications.--Prior to receiving a 
     referral of workers from a registry, an employer may amend an 
     application under this subsection if the employer's need for 
     workers changes. If an employer amends an application on a 
     date which is later than 21 days prior to the date on which 
     the workers on the amended application are sought to be 
     employed, the Secretary may delay issuance of the report 
     described in section 1105(b) by the number of days by which 
     the filing of the amended application is later than 21 days 
     before the date on which the employer desires to employ 
     workers.
       (c) Assurances.--The assurances referred to in subsection 
     (a)(1)(F) are the following:
       (1) Assurance that the job opportunity is not a result of a 
     labor dispute.--The employer shall assure that the job 
     opportunity for which the employer requests a registered 
     worker is not vacant because a worker is involved in a 
     strike, lockout, or work stoppage in the course of a labor 
     dispute involving the job opportunity at the place of 
     employment.
       (2) Assurance that the job opportunity is temporary or 
     seasonal.--
       (A) Required assurance.--The employer shall assure that the 
     job opportunity for which the employer requests a registered 
     worker is temporary or seasonal.
       (B) Seasonal basis.--For purposes of this title, labor is 
     performed on a seasonal basis where, ordinarily, the 
     employment pertains to or is of the kind exclusively 
     performed at certain seasons or periods of the year and 
     which, from its nature, may not be continuous or carried on 
     throughout the year.
       (C) Temporary basis.--For purposes of this title, a worker 
     is employed on a temporary basis where the employment is 
     intended not to exceed 10 months.
       (3) Assurance of provision of required wages and 
     benefits.--The employer shall assure that the employer will 
     provide the wages and benefits required by subsections (a), 
     (b), and (c) of section 1107 to all workers employed in job 
     opportunities for which the employer has applied under 
     subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       (4) Assurance of employment.--The employer shall assure 
     that the employer will refuse to employ individuals referred 
     under section 1105, or terminate individuals employed 
     pursuant to this title, only for lawful job-related reasons, 
     including lack of work.
       (5) Assurance of compliance with labor laws.--
       (A) In general.--An employer who requests registered 
     workers shall assure that, except as otherwise provided in 
     this title, the employer will comply with all applicable 
     Federal, State, and local labor laws, including laws 
     affecting migrant and seasonal agricultural workers, with 
     respect to all United States workers and alien workers 
     employed by the employer.
       (B) Limitations.--The disclosure required under section 
     201(a) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1821(a)) may be made at any time 
     prior to the time the alien is issued a visa permitting entry 
     into the United States.
       (6) Assurance of advertising of the registry.--The employer 
     shall assure that the employer will, from the day an 
     application for workers is submitted under subsection (a), 
     and continuing throughout the period of employment of any job 
     opportunity for which the employer has applied for a worker 
     from the registry, post in a conspicuous place a poster to be 
     provided by the Secretary advertising the availability of the 
     registry.
       (7) Assurance of contacting former workers.--The employer 
     shall assure that the employer has made reasonable efforts 
     through the sending of a letter by United States Postal 
     Service mail, or otherwise, to contact any eligible worker 
     the employer employed during the previous season in the 
     occupation at the place of intended employment for which the 
     employer is applying for registered workers, and has made the 
     availability of the employer's job opportunities in the 
     occupation at the place of intended employment known to such 
     previous worker, unless the worker was terminated from 
     employment by the employer for a lawful job-related reason or 
     abandoned the job before the worker completed the period of 
     employment of the job opportunity for which the worker was 
     hired.
       (8) Assurance of provision of workers compensation.--The 
     employer shall assure that if the job opportunity is not 
     covered by

[[Page S9312]]

     the State workers' compensation law, that the employer will 
     provide, at no cost to the worker, insurance covering injury 
     and disease arising out of and in the course of the worker's 
     employment which will provide benefits at least equal to 
     those provided under the State workers' compensation law for 
     comparable employment.
       (d) Withdrawal of Applications.--
       (1) In general.--An employer may withdraw an application 
     under subsection (a), except that, if the employer is an 
     agricultural association, the association may withdraw an 
     application under subsection (a) with respect to one or more 
     of its members. To withdraw an application, the employer 
     shall notify the Secretary in writing, and the Secretary 
     shall acknowledge in writing the receipt of such withdrawal 
     notice. An employer who withdraws an application under 
     subsection (a), or on whose behalf an application is 
     withdrawn, is relieved of the obligations undertaken in the 
     application.
       (2) Limitation.--An application may not be withdrawn while 
     any alien provided status under this title pursuant to such 
     application is employed by the employer.
       (3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of recruitment of United States workers under an 
     offer of terms and conditions of employment required as a 
     result of making an application under subsection (a) is 
     unaffected by withdrawal of such application.
       (e) Review of Application.--
       (1) In general.--Promptly upon receipt of an application by 
     an employer under subsection (a), the Secretary shall review 
     the application for compliance with the requirements of such 
     subsection.
       (2) Approval of applications.--If the Secretary determines 
     that an application meets the requirements of subsection (a), 
     and the employer is not ineligible to apply under paragraph 
     (2), (3), or (4) of section 1108(b), the Secretary shall, not 
     later than 7 days after the receipt of such application, 
     approve the application and so notify the employer.
       (3) Rejection of applications.--If the Secretary determines 
     that an application fails to meet 1 or more of the 
     requirements of subsection (a), the Secretary, as 
     expeditiously as possible, but in no case later than 7 days 
     after the receipt of such application, shall--
       (A) notify the employer of the rejection of the application 
     and the reasons for such rejection, and provide the 
     opportunity for the prompt resubmission of an amended 
     application; and
       (B) offer the applicant an opportunity to request an 
     expedited administrative review or a de novo administrative 
     hearing before an administrative law judge of the rejection 
     of the application.
       (4) Rejection for program violations.--The Secretary shall 
     reject the application of an employer under this section if 
     the employer has been determined to be ineligible to employ 
     workers under section 1108(b) or subsection (b)(2) of section 
     218 of the Immigration and Nationality Act (8 U.S.C. 1188).
       Sec. 1105. Search of Registry. (a) Search Process and 
     Referral to the Employer.--Upon the approval of an 
     application under section 1104(e), the Secretary shall 
     promptly begin a search of the registry of the State (or 
     States) in which the work is to be performed to identify 
     registered workers with the qualifications requested by the 
     employer. The Secretary shall contact such qualified 
     registered workers and determine, in each instance, whether 
     the worker is ready, willing, and able to accept the 
     employer's job opportunity and will commit to work for the 
     employer at the time and place needed. The Secretary shall 
     provide to each worker who commits to work for the employer 
     the employer's name, address, telephone number, the location 
     where the employer has requested that employees report for 
     employment, and a statement disclosing the terms and 
     conditions of employment.
       (b) Deadline for Completing Search Process; Referral of 
     Workers.--As expeditiously as possible, but not later than 7 
     days before the date on which an employer desires work to 
     begin, the Secretary shall complete the search under 
     subsection (a) and shall transmit to the employer a report 
     containing the name, address, and social security account 
     number of each registered worker who has committed to work 
     for the employer on the date needed, together with sufficient 
     information to enable the employer to establish contact with 
     the worker. The identification of such registered workers in 
     a report shall constitute a referral of workers under this 
     section.
       (c) Notice of Insufficient Workers.--If the report provided 
     to the employer under subsection (b) does not include 
     referral of a sufficient number of registered workers to fill 
     all of the employer's job opportunities in the occupation for 
     which the employer applied under section 1104(a), the 
     Secretary shall indicate in the report the number of job 
     opportunities for which registered workers could not be 
     referred, and promptly transmit a copy of the report to the 
     Attorney General and the Secretary of State, by electronic or 
     other means ensuring next day delivery.
       Sec. 1106. Issuance of Visas and Admission of Aliens. (a) 
     In General.--
       (1) Number of admissions.--The Secretary of State shall 
     promptly issue visas to, and the Attorney General shall 
     admit, a sufficient number of eligible aliens designated by 
     the employer to fill the job opportunities of the employer--
       (A) upon receipt of a copy of the report described in 
     section 1105(c);
       (B) upon receipt of an application (or copy of an 
     application under subsection (b));
       (C) upon receipt of the report required by subsection 
     (c)(1)(B); or
       (D) upon receipt of a report under subsection (d).
       (2) Procedures.--The admission of aliens under paragraph 
     (1) shall be subject to the procedures of section 218A of the 
     Immigration and Nationality Act, as added by this title.
       (3) Agricultural associations.--Aliens admitted pursuant to 
     a report described in paragraph (1) may be employed by any 
     member of the agricultural association that has made the 
     certification required by section 1104(a)(2)(B). Independent 
     contractors, agricultural associations, and such similar 
     entities shall be subject to a cap on the number of H2-A 
     visas that they may sponsor at the discretion of the 
     Secretary of Labor.
       (b) Direct Application Upon Failure To Act.--
       (1) Application to the secretary of state.--If the employer 
     has not received a referral of sufficient workers pursuant to 
     section 1105(b) or a report of insufficient workers pursuant 
     to section 1105(c), by the date that is 7 days before the 
     date on which the work is anticipated to begin, the employer 
     may submit an application for alien workers directly to the 
     Secretary of State, with a copy of the application provided 
     to the Attorney General, seeking the issuance of visas to and 
     the admission of aliens for employment in the job 
     opportunities for which the employer has not received 
     referral of registered workers. Such an application shall 
     include a copy of the employer's application under section 
     1104(a), together with evidence of its timely submission. The 
     Secretary of State may consult with the Secretary of Labor in 
     carrying out this paragraph.
       (2) Expedited consideration by secretary of state.--The 
     Secretary of State shall, as expeditiously as possible, but 
     not later than 5 days after the employer files an application 
     under paragraph (1), issue visas to, and the Attorney General 
     shall admit, a sufficient number of eligible aliens 
     designated by the employer to fill the job opportunities for 
     which the employer has applied under that paragraph.
       (c) Redetermination of Need.--
       (1) Requests for redetermination.--
       (A) In general.--An employer may file a request for a 
     redetermination by the Secretary of the needs of the employer 
     if--
       (i) a worker referred from the registry is not at the place 
     of employment on the date of need shown on the application, 
     or the date the work for which the worker is needed has 
     begun, whichever is later;
       (ii) the worker is not ready, willing, able, or qualified 
     to perform the work required; or
       (iii) the worker abandons the employment or is terminated 
     for a lawful job-related reason.
       (B) Additional authorization of admissions.--The Secretary 
     shall expeditiously, but in no case later than 72 hours after 
     a redetermination is requested under subparagraph (A), submit 
     a report to the Secretary of State and the Attorney General 
     providing notice of a need for workers under this subsection.
       (2) Job-related requirements.--An employer shall not be 
     required to initially employ a worker who fails to meet 
     lawful job-related employment criteria, nor to continue the 
     employment of a worker who fails to meet lawful, job-related 
     standards of conduct and performance, including failure to 
     meet minimum production standards after a 3-day break-in 
     period.
       (d) Emergency Applications.--Notwithstanding subsections 
     (b) and (c), the Secretary may promptly transmit a report to 
     the Attorney General and Secretary of State providing notice 
     of a need for workers under this subsection for an employer--
       (1) who has not employed aliens under this title in the 
     occupation in question in the prior year's agricultural 
     season;
       (2) who faces an unforeseen need for workers (as determined 
     by the Secretary); and
       (3) with respect to whom the Secretary cannot refer able, 
     willing, and qualified workers from the registry who will 
     commit to be at the employer's place of employment and ready 
     for work within 72 hours or on the date the work for which 
     the worker is needed has begun, whichever is later.
       (e) Regulations.--The Secretary of State shall prescribe 
     regulations to provide for the designation of aliens under 
     this section.
       Sec. 1107. Employment Requirements. (a) Required Wages.--
       (1) In general.--An employer applying under section 1104(a) 
     for workers shall offer to pay, and shall pay, all workers in 
     the occupation or occupations for which the employer has 
     applied for workers from the registry, not less (and is not 
     required to pay more) than the greater of the prevailing wage 
     in the occupation in the area of intended employment or the 
     adverse effect wage rate.
       (2) Payment of prevailing wage determined by a state 
     employment security agency sufficient.--In complying with 
     paragraph (1), an employer may request and obtain a 
     prevailing wage determination from the State employment 
     security agency. If the employer requests such a 
     determination, and pays the wage required by paragraph (1) 
     based upon such a determination, such payment shall be 
     considered sufficient to meet the requirement of paragraph 
     (1).
       (3) Reliance on wage survey.--In lieu of the procedure of 
     paragraph (2), an employer

[[Page S9313]]

     may rely on other information, such as an employer-generated 
     prevailing wage survey and determination that meets criteria 
     specified by the Secretary.
       (4) Alternative methods of payment permitted.--
       (A) In general.--A prevailing wage may be expressed as an 
     hourly wage, a piece rate, a task rate, or other incentive 
     payment method, including a group rate. The requirement to 
     pay at least the prevailing wage in the occupation and area 
     of intended employment does not require an employer to pay by 
     the method of pay in which the prevailing rate is expressed, 
     except that, if the employer adopts a method of pay other 
     than the prevailing rate, the burden of proof is on the 
     employer to demonstrate that the employer's method of pay is 
     designed to produce earnings equivalent to the earnings that 
     would result from payment of the prevailing rate.
       (B) Compliance when paying an incentive rate.--In the case 
     of an employer that pays a piece rate or task rate or uses 
     any other incentive payment method, including a group rate, 
     the employer shall be considered to be in compliance with any 
     applicable hourly wage requirement if the average of the 
     hourly earnings of the workers, taken as a group, the 
     activity for which a piece rate, task rate, or other 
     incentive payment, including a group rate, is paid, for the 
     pay period, is at least equal to the required hourly wage.
       (C) Task rate.--For purposes of this paragraph, the term 
     ``task rate'' means an incentive payment method based on a 
     unit of work performed such that the incentive rate varies 
     with the level of effort required to perform individual units 
     of work.
       (D) Group rate.--For purposes of this paragraph, the term 
     ``group rate'' means an incentive payment method in which the 
     payment is shared among a group of workers working together 
     to perform the task.
       (b) Requirement To Provide Housing.--
       (1) In general.--An employer applying under section 1104(a) 
     for registered workers shall offer to provide housing at no 
     cost (except for charges permitted by paragraph (5)) to all 
     workers employed in job opportunities to which the employer 
     has applied under that section, and to all other workers in 
     the same occupation at the place of employment, whose 
     permanent place of residence is beyond normal commuting 
     distance.
       (2) Type of housing.--In complying with paragraph (1), an 
     employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or, in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation.
       (3) Workers engaged in the range production of livestock.--
     The Secretary shall issue regulations that address the 
     specific requirements for the provision of housing to workers 
     engaged in the range production of livestock.
       (4) Limitation.--Nothing in this subsection shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       (5) Charges for housing.--
       (A) Utilities and maintenance.--An employer who provides 
     housing to a worker pursuant to paragraph (1) may charge an 
     amount equal to the fair market value (but not greater than 
     the employer's actual cost) for maintenance and utilities, or 
     such lesser amount as permitted by law.
       (B) Security deposit.--An employer who provides housing to 
     workers pursuant to paragraph (1) may require, as a condition 
     for providing such housing, a deposit not to exceed $50 from 
     workers occupying such housing to protect against gross 
     negligence or willful destruction of property.
       (C) Damages.--An employer who provides housing to workers 
     pursuant to paragraph (1) may require a worker found to have 
     been responsible for damage to such housing which is not the 
     result of normal wear and tear related to habitation to 
     reimburse the employer for the reasonable cost of repair of 
     such damage.
       (6) Housing allowance as alternative.--
       (A) In general.--In lieu of offering housing pursuant to 
     paragraph (1), subject to subparagraphs (B) through (D), the 
     employer may on a case-by-case basis provide a reasonable 
     housing allowance. An employer who offers a housing allowance 
     to a worker pursuant to this subparagraph shall not be deemed 
     to be a housing provider under section 203 of the Migrant and 
     Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) 
     solely by virtue of providing such housing allowance.
       (B) Limitation.--At any time after the date that is 3 years 
     after the effective date of this title, the governor of the 
     State may certify to the Secretary that there is not 
     sufficient housing available in an area of intended 
     employment of migrant farm workers or aliens provided status 
     pursuant to this title who are seeking temporary housing 
     while employed at farm work. Such certification may be 
     canceled by the governor of the State at any time, and shall 
     expire after 5 years unless renewed by the governor of the 
     State.
       (C) Effect of certification.--If the governor of the State 
     makes the certification of insufficient housing described in 
     subparagraph (A) with respect to an area of employment, 
     employers of workers in that area of employment may not offer 
     the housing allowance described in subparagraph (A) after the 
     date that is 5 years after such certification of insufficient 
     housing for such area, unless the certification has expired 
     or been canceled pursuant to subparagraph (B).
       (D) Amount of allowance.--The amount of a housing allowance 
     under this paragraph shall be equal to the statewide average 
     fair market rental for existing housing for nonmetropolitan 
     counties for the State in which the employment occurs, as 
     established by the Secretary of Housing and Urban Development 
     pursuant to section 8(c) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit 
     and an assumption of 2 persons per bedroom.
       (c) Reimbursement of Transportation.--
       (1) To place of employment.--A worker who is referred to a 
     job opportunity under section 1105(a), or an alien employed 
     pursuant to this title, who completes 50 percent of the 
     period of employment of the job opportunity for which the 
     worker was hired, may apply to the employer for reimbursement 
     of the cost of the worker's transportation and subsistence 
     from the worker's permanent place of residence (or place of 
     last employment, if the worker traveled from such place) to 
     the place of employment to which the worker was referred 
     under section 1105(a).
       (2) From place of employment.--A worker who is referred to 
     a job opportunity under section 1105(a), or an alien employed 
     pursuant to this title, who completes the period of 
     employment for the job opportunity involved, may apply to the 
     employer for reimbursement of the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the worker's permanent place of residence.
       (3) Limitation.--
       (A) Amount of reimbursement.--Except as provided in 
     subparagraph (B), the amount of reimbursement provided under 
     paragraph (1) or (2) to a worker or alien shall not exceed 
     the lesser of--
       (i) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       (ii) the most economical and reasonable transportation and 
     subsistence costs that would have been incurred had the 
     worker or alien used an appropriate common carrier, as 
     determined by the Secretary.
       (B) Distance traveled.--No reimbursement under paragraph 
     (1) or (2) shall be required if the distance traveled is 100 
     miles or less.
       (d) Continuing Obligation To Employ United States 
     Workers.--
       (1) In general.--An employer that applies for registered 
     workers under section 1104(a) shall, as a condition for the 
     approval of such application, continue to offer employment to 
     qualified, eligible United States workers who are referred 
     under section 1105(b) after the employer receives the report 
     described in section 1105(b).
       (2) Limitation.--An employer shall not be obligated to 
     comply with paragraph (1)--
       (A) after 50 percent of the anticipated period of 
     employment shown on the employer's application under section 
     1104(a) has elapsed; or
       (B) during any period in which the employer is employing no 
     aliens in the occupation for which the United States worker 
     was referred; or
       (C) during any period when the Secretary is conducting a 
     search of a registry for job opportunities in the occupation 
     and area of intended employment to which the worker has been 
     referred, or other occupations in the area of intended 
     employment for which the worker is qualified that offer 
     substantially similar terms and conditions of employment.
       (3) Limitation on requirement to provide housing.--
     Notwithstanding any other provision of this title, an 
     employer to whom a registered worker is referred pursuant to 
     paragraph (1) may provide a reasonable housing allowance to 
     such referred worker in lieu of providing housing if the 
     employer does not have sufficient housing to accommodate the 
     referred worker and all other workers for whom the employer 
     is providing housing or has committed to provide housing.
       (4) Referral of workers during 50-percent period.--The 
     Secretary shall make all reasonable efforts to place a 
     registered worker in an open job acceptable to the worker, 
     including available jobs not listed on the registry, before 
     referring such worker to an employer for a job opportunity 
     already filled by, or committed to, an alien admitted 
     pursuant to this title.
       Sec. 1108. Enforcement and penalties. (a) Enforcement 
     Authority.--
       (1) Investigation of complaints.--
       (A) In general.--The Secretary shall establish a process 
     for the receipt, investigation, and disposition of complaints 
     respecting an employer's failure to meet a condition 
     specified in section 1104 or an employer's misrepresentation 
     of material facts in an application under that section. 
     Complaints may be filed by any aggrieved person or any 
     organization (including bargaining representatives). No 
     investigation or hearing shall be conducted on a complaint 
     concerning such a failure or misrepresentation unless the 
     complaint was filed not later than 12 months after the date 
     of the failure or misrepresentation, as the case may be. The 
     Secretary shall conduct an investigation under

[[Page S9314]]

     this paragraph if there is reasonable cause to believe that 
     such a failure or misrepresentation has occurred.
       (B) Statutory construction.--Nothing in this title limits 
     the authority of the Secretary of Labor to conduct any 
     compliance investigation under any other labor law, including 
     any law affecting migrant and seasonal agricultural workers 
     or, in the absence of a complaint under this paragraph, under 
     this title.
       (2) Written notice of finding and opportunity for appeal.--
     After an investigation has been conducted, the Secretary 
     shall issue a written determination as to whether or not any 
     violation described in subsection (b) has been committed. The 
     Secretary's determination shall be served on the complainant 
     and the employer, and shall provide an opportunity for an 
     appeal of the Secretary's decision to an administrative law 
     judge, who may conduct a de novo hearing.
       (b) Remedies.--
       (1) Back wages.--Upon a final determination that the 
     employer has failed to pay wages as required under this 
     section, the Secretary may assess payment of back wages due 
     to any United States worker or alien described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     employed by the employer in the specific employment in 
     question. The back wages shall be equal to the difference 
     between the amount that should have been paid and the amount 
     that actually was paid to such worker.
       (2) Failure to pay wages.--Upon a final determination that 
     the employer has failed to pay the wages required under this 
     title, the Secretary may assess a civil money penalty up to 
     $1,000 for each failure, and may recommend to the Attorney 
     General the disqualification of the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     for a period of time determined by the Secretary not to 
     exceed 1 year.
       (3) Other violations.--If the Secretary, as a result of an 
     investigation pursuant to a complaint, determines that an 
     employer covered by an application under section 1104(a) 
     has--
       (A) filed an application that misrepresents a material 
     fact; or
       (B) failed to meet a condition specified in section 1104,

     the Secretary may assess a civil money penalty not to exceed 
     $1,000 for each violation and may recommend to the Attorney 
     General the disqualification of the employer for substantial 
     violations in the employment of any United States workers or 
     aliens described in section 101(a)(15)(ii)(a) of the 
     Immigration and Nationality Act for a period of time 
     determined by the Secretary not to exceed 1 year. In 
     determining the amount of civil money penalty to be assessed 
     or whether to recommend disqualification of the employer, the 
     Secretary shall consider the seriousness of the violation, 
     the good faith of the employer, the size of the business of 
     the employer being charged, the history of previous 
     violations by the employer, whether the employer obtained a 
     financial gain from the violation, whether the violation was 
     willful, and other relevant factors.
       (4) Program disqualification.--
       (A) 3 years for second violation.--Upon a second final 
     determination that an employer has failed to pay the wages 
     required under this title or committed other substantial 
     violations under paragraph (3), the Secretary shall report 
     such determination to the Attorney General and the Attorney 
     General shall disqualify the employer from the employment of 
     aliens described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act for a period of 3 years.
       (B) Permanent for third violation.--Upon a third final 
     determination that an employer has failed to pay the wages 
     required under this section or committed other substantial 
     violations under paragraph (3), the Secretary shall report 
     such determination to the Attorney General, and the Attorney 
     General shall disqualify the employer from any subsequent 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act.
       (c) Role of Associations.--
       (1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of this title, as though the employer had filed the 
     application itself. If such an employer is determined to have 
     violated a requirement of this section, the penalty for such 
     violation shall be assessed against the employer who 
     committed the violation and not against the association or 
     other members of the association.
       (2) Violation by an association acting as an employer.--If 
     an association filing an application on its own behalf as an 
     employer is determined to have committed a violation under 
     this subsection which results in disqualification from the 
     program under subsection (b), no individual member of such 
     association may be the beneficiary of the services of an 
     alien described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act in an occupation in which 
     such alien was employed by the association during the period 
     such disqualification is in effect, unless such member files 
     an application as an individual employer or such application 
     is filed on the employer's behalf by an association with 
     which the employer has an agreement that the employer will 
     comply with the requirements of this title.
       Sec. 1109. Alternative Program for the Admission of 
     Temporary H-2A Workers. (a) Amendments to the Immigration and 
     Nationality Act.--
       (1) Election of procedures.--Section 214(c)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is 
     amended--
       (A) by striking the fifth and sixth sentences;
       (B) by striking ``(c)(1) The'' and inserting ``(c)(1)(A) 
     Except as provided in subparagraph (B), the''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) Notwithstanding subparagraph (A), in the case of the 
     importing of any nonimmigrant alien described in section 
     101(a)(15)(H)(ii)(a), the importing employer may elect to 
     import the alien under the procedures of section 218 or 
     section 218A, except that any employer that applies for 
     registered workers under section 1104(a) of the Agricultural 
     Job Opportunity Benefits and Security Act of 1998 shall 
     import nonimmigrants described in section 
     101(a)(15)(H)(ii)(a) only in accordance with section 218A. 
     For purposes of subparagraph (A), with respect to the 
     importing of nonimmigrants under section 218, the term 
     `appropriate agencies of Government' means the Department of 
     Labor and includes the Department of Agriculture.''.
       (2) Alternative program.--The Immigration and Nationality 
     Act is amended by inserting after section 218 (8 U.S.C. 1188) 
     the following new section:


   ``ALTERNATIVE PROGRAM FOR THE ADMISSION OF TEMPORARY H-2A WORKERS

       ``Sec. 218A. (a) Procedure for Admission or Extension of 
     Aliens.--
       ``(1) Aliens who are outside the united states.--
       ``(A) Criteria for admissibility.--
       ``(i) In general.--An alien described in section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     shall be admissible under this section if the alien is 
     designated pursuant to section 1106 of the Agricultural Job 
     Opportunity Benefits and Security Act of 1998, otherwise 
     admissible under this Act, and the alien is not ineligible 
     under clause (ii).
       ``(ii) Disqualification.--An alien shall be ineligible for 
     admission to the United States or being provided status under 
     this section if the alien has, at any time during the past 5 
     years--

       ``(I) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(II) otherwise violated a term or condition of admission 
     to the United States as a nonimmigrant, including overstaying 
     the period of authorized admission as such a nonimmigrant.

       ``(iii) Initial waiver of ineligibility for unlawful 
     presence.--An alien who has not previously been admitted to 
     the United States pursuant to this section, and who is 
     otherwise eligible for admission in accordance with clauses 
     (i) and (ii), shall not be deemed inadmissible by virtue of 
     section 212(a)(9)(B).
       ``(B) Period of admission.--The alien shall be admitted for 
     the period requested by the employer not to exceed 10 months, 
     or the ending date of the anticipated period of employment on 
     the employer's application for registered workers, whichever 
     is less, plus an additional period of 14 days, during which 
     the alien shall seek authorized employment in the United 
     States. During the 14-day period following the expiration of 
     the alien's work authorization, the alien is not authorized 
     to be employed unless an employer who is authorized to employ 
     such worker has filed an extension of stay on behalf of the 
     alien pursuant to paragraph (2).
       ``(C) Abandonment of employment.--
       ``(i) In general.--An alien admitted or provided status 
     under this section who abandons the employment which was the 
     basis for such admission or providing status shall be 
     considered to have failed to maintain nonimmigrant status as 
     an alien described in section 101(a)(15)(H)(ii)(a) and shall 
     depart the United States or be subject to removal under 
     section 237(a)(1)(C)(i).
       ``(ii) Report by employer.--The employer (or association 
     acting as agent for the employer) shall notify the Attorney 
     General within 7 days of an alien admitted or provided status 
     under this Act pursuant to an application to the Secretary of 
     Labor under section 1106 of the Agricultural Job Opportunity 
     Benefits and Security Act of 1998 by the employer who 
     prematurely abandons the alien's employment.
       ``(D) Issuance of identification and employment eligibility 
     document.--
       ``(i) In general.--The Attorney General shall cause to be 
     issued to each alien admitted under this section a card in a 
     form which is resistant to counterfeiting and tampering for 
     the purpose of providing proof of identity and employment 
     eligibility under section 274A.
       ``(ii) Design of card.--Each card issued pursuant to clause 
     (i) shall be designed in such a manner and contain a 
     photograph and other identifying information (such as date of 
     birth, sex, and distinguishing marks) that would allow an 
     employer to determine with reasonable certainty that the 
     bearer is not claiming the identity of another individual, 
     and shall--

       ``(I) specify the date of the alien's acquisition of status 
     under this section;
       ``(II) specify the expiration date of the alien's work 
     authorization; and

[[Page S9315]]

       ``(III) specify the alien's admission number or alien file 
     number.

       ``(2) Extension of stay of aliens in the united states.--
       ``(A) Extension of stay.--If an employer with respect to 
     whom a report or application described in section 1106(a)(1) 
     of the Agricultural Job Opportunity Benefits and Security Act 
     of 1998 has been submitted seeks to employ an alien who has 
     acquired status under this section and who is present in the 
     United States, the employer shall file with the Attorney 
     General an application for an extension of the alien's stay 
     or a change in the alien's authorized employment. The 
     application shall be accompanied by a copy of the appropriate 
     report or application described in section 1106 of the 
     Agricultural Job Opportunity Benefits and Security Act of 
     1998.
       ``(B) Limitation on filing an application for extension of 
     stay.--An application may not be filed for an extension of an 
     alien's stay for a period of more than 10 months, or later 
     than a date which is 3 years from the date of the alien's 
     last admission to the United States under this section, 
     whichever occurs first.
       ``(C) Work authorization upon filing an application for 
     extension of stay.--An employer may begin employing an alien 
     who is present in the United States who has acquired status 
     under this Act on the day the employer files an application 
     for extension of stay. For the purpose of this requirement, 
     the term `filing' means sending the application by certified 
     mail via the United States Postal Service, return receipt 
     requested, or delivered by guaranteed commercial delivery 
     which will provide the employer with a documented 
     acknowledgment of the date of sending and receipt of the 
     application. The employer shall provide a copy of the 
     employer's application to the alien, who shall keep the 
     application with the alien's identification and employment 
     eligibility document as evidence that the application has 
     been filed and that the alien is authorized to work in the 
     United States. Upon approval of an application for an 
     extension of stay or change in the alien's authorized 
     employment, the Attorney General shall provide a new or 
     updated employment eligibility document to the alien 
     indicating the new validity date, after which the alien is 
     not required to retain a copy of the application.
       ``(D) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     card.--An expired identification and employment eligibility 
     document, together with a copy of an application for 
     extension of stay or change in the alien's authorized 
     employment, shall constitute a valid work authorization 
     document for a period of not more than 60 days from the date 
     of application for the extension of stay, after which time 
     only a currently valid identification and employment 
     eligibility document shall be acceptable.
       ``(E) Limitation on an individual's stay in status.--An 
     alien having status under this section may not have the 
     status extended for a continuous period longer than 3 years 
     unless the alien remains outside the United States for an 
     uninterrupted period of 6 months. An absence from the United 
     States may break the continuity of the period for which a 
     nonimmigrant visa issued under section 101(a)(15)(H)(ii)(a) 
     is valid. If the alien has resided in the United States 10 
     months or less, an absence breaks the continuity of the 
     period if its lasts for at least 2 months. If the alien has 
     resided in the United States 10 months or more, an absence 
     breaks the continuity of the period if it lasts for at least 
     one-fifth the duration of the stay.
       ``(b) Study by the Attorney General.--The Attorney General 
     shall conduct a study to determine whether aliens under this 
     section depart the United States in a timely manner upon the 
     expiration of their period of authorized stay. If the 
     Attorney General finds that a significant number of aliens do 
     not so depart and that a financial inducement is necessary to 
     assure such departure, then the Attorney General shall so 
     report to Congress and make recommendations on appropriate 
     courses of action.''.
       (b) No Family Members Permitted.--Section 101(a)(15)(H) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
     is amended by striking ``specified in this paragraph'' and 
     inserting ``specified in this subparagraph (other than in 
     clause (ii)(a))''.
       (c) Conforming Amendment.--The table of contents of the 
     Immigration and Nationality Act is amended by inserting after 
     the item relating to section 218 the following new item:

``Sec. 218A. Alternative program for the admission of H-2A workers.''.
       (d) Repeal and Additional Conforming Amendments.--
       (1) Repeal.--Section 218 of the Immigration and Nationality 
     Act is repealed.
       (2) Technical amendments.--(A) Section 218A of the 
     Immigration and Nationality Act is redesignated as section 
     218.
       (B) The table of contents of that Act is amended by 
     striking the item relating to section 218A.
       (C) The section heading for section 218 of that Act is 
     amended by striking ``alternative program for''.
       (3) Termination of employer election.--Section 214(c)(1)(B) 
     of the Immigration and Nationality Act is amended to read as 
     follows:
       ``(B) Notwithstanding subparagraph (A), the procedures of 
     section 218 shall apply to the importing of any nonimmigrant 
     alien described in section 101(a)(15)(H)(ii)(a).''.
       (4) Maintenance of certain section 218 provisions.--Section 
     218 (as redesignated by paragraph (2) of this subsection) is 
     amended by adding at the end the following:
       ``(d) Miscellaneous Provisions.--(1) The Attorney General 
     shall provide for such endorsement of entry and exit 
     documents of nonimmigrants described in section 
     101(a)(15)(H)(ii) as may be necessary to carry out this 
     section and to provide notice for purposes of section 274A.
       ``(2) The provisions of subsections (a) and (c) of section 
     214 and the provisions of this section preempt any State or 
     local law regulating admissibility of nonimmigrant 
     workers.''.
       (5) Effective date.--The repeal and amendments made by this 
     subsection shall take effect 5 years after the date of 
     enactment of this title.
       Sec. 1110. Inclusion in Employment-Based Immigration 
     Preference Allocation. (a) Amendment of the Immigration and 
     Nationality Act.--Section 203(b)(3)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)(3)(A)) is amended--
       (1) by redesignating clause (iii) as clause (iv); and
       (2) by inserting after clause (ii) the following:
       ``(iii) Agricultural workers.--Qualified immigrants who 
     have completed at least 6 months of work in the United States 
     in each of 4 consecutive calendar years under section 
     101(a)(15)(H)(ii)(a), and have complied with all terms and 
     conditions applicable to that section.''.
       (b) Conforming Amendment.--Section 203(b)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)(3)(A)) is 
     amended by striking ``subparagraph (A)(iii)'' and inserting 
     ``subparagraph (A)(iv)''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to aliens described in section 
     101(a)(15)(H)(ii)(a) admitted to the United States before, 
     on, or after the effective date of this title.
       Sec. 1111. Migrant and Seasonal Head Start Program. (a) In 
     General.--Section 637(12) of the Head Start Act (42 U.S.C. 
     9832(12)) is amended--
       (1) by inserting ``and seasonal'' after ``migrant''; and
       (2) by inserting before the period the following: ``, or 
     families whose incomes or labor is primarily dedicated to 
     performing seasonal agricultural labor for hire but whose 
     places of residency have not changed to another geographic 
     location in the preceding 2-year period''.
       (b) Funds Set-Aside.--Section 640(a) (42 U.S.C. 9835(a)) is 
     amended--
       (1) in paragraph (2), strike ``13'' and insert ``14'';
       (2) in paragraph (2)(A), by striking ``1994'' and inserting 
     ``1998''; and
       (3) by adding at the end the following new paragraph:
       ``(8) In determining the need for migrant and seasonal Head 
     Start programs and services, the Secretary shall consult with 
     the Secretary of Labor, other public and private entities, 
     and providers. Notwithstanding paragraph (2)(A), after 
     conducting such consultation, the Secretary shall further 
     adjust the amount available for such programs and services, 
     taking into consideration the need and demand for such 
     services.''.
       Sec. 1112. Regulations. (a) Regulations of the Attorney 
     General.--The Attorney General shall consult with the 
     Secretary and the Secretary of Agriculture on all regulations 
     to implement the duties of the Attorney General under this 
     title.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Attorney General on all 
     regulations to implement the duties of the Secretary of State 
     under this title.
       Sec. 1113. Funding. If additional funds are necessary to 
     pay the start-up costs of the registries established under 
     section 1103(a), such costs may be paid out of amounts 
     available to Federal or State governmental entities under the 
     Wagner-Peyser Act (29 U.S.C. 49 et seq.). Except as provided 
     for by subsequent appropriation, additional expenses incurred 
     for administration by the Attorney General, the Secretary of 
     Labor, and the Secretary of State shall be paid for out of 
     appropriations otherwise made available to their respective 
     departments.
       Sec. 1114. Report to Congress. Not later than 3 years after 
     the date of enactment of this Act and 5 years after the date 
     of enactment of this Act, the Attorney General and the 
     Secretaries of Agriculture and Labor shall jointly prepare 
     and transmit to Congress a report describing the results of a 
     review of the implementation of and compliance with this 
     title. The report shall address--
       (1) whether the program has ensured an adequate and timely 
     supply of qualified, eligible workers at the time and place 
     needed by employers;
       (2) whether the program has ensured that aliens admitted 
     under this program are employed only in authorized 
     employment, and that they timely depart the United States 
     when their authorized stay ends;
       (3) whether the program has ensured that participating 
     employers comply with the requirements of the program with 
     respect to the employment of United States workers and aliens 
     admitted under this program;
       (4) whether the program has ensured that aliens admitted 
     under this program are not displacing eligible, qualified 
     United States workers or diminishing the wages and other 
     terms and conditions of employment of eligible United States 
     workers;

[[Page S9316]]

       (5) whether the housing provisions of this program ensure 
     that adequate housing is available to workers employed under 
     this program who are required to be provided housing or a 
     housing allowance; and
       (6) recommendations for improving the operation of the 
     program for the benefit of participating employers, eligible 
     United States workers, participating aliens, and governmental 
     agencies involved in administering the program.
       Sec. 1115. Presidential Authority. In implementing this 
     title, the President of the United States shall not implement 
     any provision that he deems to be in violation of any of the 
     following principles--
       (1) where the procedures for using the program are simple 
     and the least burdensome for growers;
       (2) which assures an adequate labor supply for growers in a 
     predictable and timely manner;
       (3) that provides a clear and meaningful first preference 
     for United States farm workers and a means for mitigating 
     against the development of a structural dependency on foreign 
     workers in an area or crop;
       (4) which avoids the transfer of costs and risks from 
     businesses to low wage workers;
       (5) that encourages longer periods of employment for legal 
     United States workers;
       (6) which assures decent wages and working conditions for 
     domestic and foreign farm workers, and that normal market 
     forces work to improve wages, benefits, and working 
     conditions.
       Sec. 1116. Effective Date. This title and the amendments 
     made by this title shall take effect 180 days after the date 
     of enactment of this title.

           TITLE XII--NURSING RELIEF FOR DISADVANTAGED AREAS

       Sec. 1201. Short Title. This title may be cited as the 
     ``Nursing Relief for Disadvantaged Areas Act of 1998''.
       Sec. 1202. Requirements for Admission of Nonimmigrant 
     Nurses in Health Professional Shortage Areas during 4-Year 
     Period.--
       (a) Establishment of a New Nonimmigrant Classification for 
     Nonimmigrant Nurses in Health Professional Shortage Areas.--
     Section 101(a)(15)(H)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking ``; 
     or'' at the end and inserting the following: ``, or (c) who 
     is coming temporarily to the United States to perform 
     services as a registered nurse, who meets the qualifications 
     described in section 212(m)(1), and with respect to whom the 
     Secretary of Labor determines and certifies to the Attorney 
     General that an unexpired attestation is on file and in 
     effect under section 212(m)(2) for the facility (as defined 
     in section 212(m)(6)) for which the alien will perform the 
     services; or''.
       (b) Requirements.--Section 212(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(m)) is amended to read as 
     follows:
       ``(m)(1) The qualifications referred to in section 
     101(a)(15)(H)(i)(c), with respect to alien who is coming to 
     the United States to perform nursing services for a facility, 
     are that the alien--
       ``(A) has obtained a full and unrestricted license to 
     practice professional nursing in the country where the alien 
     obtained nursing education or has received nursing education 
     in the United States;
       ``(B) has passed an appropriate examination (recognized in 
     regulations promulgated in consultation with the Secretary of 
     Health and Human Services) or has a full and unrestricted 
     license under State law to practice professional nursing in 
     the State of intended employment; and
       ``(C) is fully qualified and eligible under the laws 
     (including such temporary or interim licensing requirements 
     which authorize the nurse to be employed) governing the place 
     of intended employment to engage in the practice of 
     professional nursing as a registered nurse immediately upon 
     admission to the United States and is authorized under such 
     laws to be employed by the facility.
       ``(2)(A) The attestation referred to in section 
     101(a)(15)(H)(i)(c), with respect to a facility for which an 
     alien will perform services, is an attestation as to the 
     following:
       ``(i) The facility meets all the requirements of paragraph 
     (6).
       ``(ii) The employment of the alien will not adversely 
     affect the wages and working conditions of registered nurses 
     similarly employed.
       ``(iii) The alien employed by the facility will be paid the 
     wage rate for registered nurses similarly employed by the 
     facility.
       ``(iv) The facility has taken and is taking timely and 
     significant steps designed to recruit and retain sufficient 
     registered nurses who are United States citizens or 
     immigrants who are authorized to perform nursing services, in 
     order to remove as quickly as reasonably possible the 
     dependence of the facility on nonimmigrant registered nurses.
       ``(v) There is not a strike or lockout in the course of a 
     labor dispute, and the employment of such an alien is not 
     intended or designed to influence an election for a 
     bargaining representative for registered nurses of the 
     facility.
       ``(vi) At the time of the filing of the petition for 
     registered nurses under section 101(a)(15)(H)(i)(c), notice 
     of the filing has been provided by the facility to the 
     bargaining representative of the registered nurses at the 
     facility or, where there is no such bargaining 
     representative, notice of the filing has been provided to the 
     registered nurses employed at the facility through posting in 
     conspicuous locations.
       ``(vii) The facility will not, at any time, employ a number 
     of aliens issued visas or otherwise provided nonimmigrant 
     status under section 101(a)(15)(H)(i)(c) that exceeds 33 
     percent of the total number of registered nurses employed by 
     the facility.
       ``(viii) The facility will not, with respect to any alien 
     issued a visa or otherwise provided non-immigrant status 
     under section 101(a)(15)(H)(i)(c)--
       ``(I) authorize the alien to perform nursing services at 
     any worksite other than a worksite controlled by the 
     facility; or
       ``(II) transfer the place of employment of the alien from 
     one worksite to another.
     Nothing in clause (iv) shall be construed as requiring a 
     facility to have taken significant steps described in such 
     clause before the date of the enactment of the Health 
     Professional Shortage Area Nursing Relief Act of 1998. A copy 
     of the attestation shall be provided, within 30 days of the 
     date of filing, to registered nurses employed at the facility 
     on the date of the filing.
       ``(B) For purposes of subparagraph (A)(iv), each of the 
     following shall be considered a significant step reasonably 
     designed to recruit and retain registered nurses:
       ``(i) Operating a training program for registered nurses at 
     the facility or financing (or providing participation in) a 
     training program for registered nurses elsewhere.
       ``(ii) Providing career development programs and other 
     methods of facilitating health care workers to become 
     registered nurses.
       ``(iii) Paying registered nurses wages at a rate higher 
     than currently being paid to registered nurses similarly 
     employed in the geographic area.
       ``(iv) Providing reasonable opportunities for meaningful 
     salary advancement by registered nurses.

     The steps described in this subparagraph shall not be 
     considered to be an exclusive list of the significant steps 
     that may be taken to meet the conditions of subparagraph 
     (A)(iv). Subparagraph (A)(iv)'s requirement shall be 
     satisfied by a facility taking any of the steps listed in 
     this subparagraph.
       ``(C) Subject to subparagraph (E), an attestation under 
     subparagraph (A)--
       ``(i) shall expire on the date that is the later of--
       ``(I) the end of the one-year period beginning of the date 
     of its filing with the Secretary of Labor; or
       ``(II) the end of the period of admission under section 
     101(a)(15)(H)(i)(c) of the last alien with respect to whose 
     admission it was applied (in accordance with clause (ii)); 
     and
       ``(ii) shall apply to petitions filed during the one-year 
     period beginning on the date of its filing with the Secretary 
     of Labor if the facility states in each such petition that it 
     continues to comply with the conditions in the attestation.
       ``(D) A facility may meet the requirements under this 
     paragraph with respect to more than one registered nurse in a 
     single petition.
       ``(E)(i) The Secretary of Labor shall compile and make 
     available for public examination in a timely manner in 
     Washington, D.C., a list identifying facilities which have 
     filed petitions for nonimmigrants under section 
     101(a)(15)(H)(i)(c) and, for each such facility, a copy of 
     the facility's attestation under subparagraph (A) (and 
     accompanying documentation) and each such petition filed by 
     the facility.
       ``(ii) The Secretary of Labor shall establish a process, 
     including reasonable time limits, for the receipt, 
     investigation, and disposition of complaints respecting a 
     facility's failure to meet conditions attested to or a 
     facility's misrepresentation of a material fact in an 
     attestation. Complaints may be filed by any aggrieved person 
     or organization (including bargaining representatives, 
     associations deemed appropriate by the Secretary, and other 
     aggrieved parties as determined under regulations of the 
     Secretary). The Secretary shall conduct an investigation 
     under this clause if there is reasonable cause to believe 
     that a facility fails to meet conditions attested to. Subject 
     to the time limits established under this clause, this 
     subparagraph shall apply regardless of whether an attestation 
     is expired or unexpired at the time a complaint is filed.
       ``(iii) Under such process, the Secretary shall provide, 
     within 180 days after the date such a complaint is filed, for 
     a determination as to whether or not a basis exists to make a 
     finding described in clause (iv). If the Secretary determines 
     that such a basis exists, the Secretary shall provide for 
     notice of such determination to the interested parties and an 
     opportunity for a hearing on the complaint within 60 days of 
     the date of the determination.
       ``(iv) If the Secretary of Labor finds, after notice and 
     opportunity for a hearing, that a facility (for which an 
     attestation is made) has failed to meet a condition attested 
     to or that there was a misrepresentation of material fact in 
     the attestation, the Secretary shall notify the Attorney 
     General of such finding and may, in addition, impose such an 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $1,000 per nurse per violation, 
     with the total penalty not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate. Upon receipt 
     of such notice, the Attorney General shall not approve 
     petitions filed with respect to a facility during a period of 
     at least one year for nurses to be employed by the facility.
       ``(v) In addition to the sanctions provided for under 
     clause (iv), if the Secretary of

[[Page S9317]]

     Labor finds, after notice and an opportunity for a hearing 
     that, a facility has violated the condition attested to under 
     subparagraph (A)(iii) (relating to payment of registered 
     nurses at the prevailing wage rate), the Secretary shall 
     order the facility to provide for payment of such amounts of 
     back pay as may be required to comply with such condition.
       ``(F)(i) The Secretary of Labor shall impose on a facility 
     filing an attestation under subparagraph (A) a filing fee, in 
     an amount prescribed by the Secretary based on the costs of 
     carrying out the Secretary's duties under this subsection, 
     but not exceeding $250.
       ``(ii) Fees collected under this subparagraph shall be 
     deposited in a fund established for this purpose in the 
     Treasury of the United States.
       ``(iii) The collected fees in the fund shall be available 
     to the Secretary of Labor, to the extent and in such amounts 
     as may be provided in appropriations Acts, to cover the costs 
     described in clause (i), in addition to any other funds that 
     are available to the Secretary to cover such costs.
       ``(3) The period of admission of an alien under section 
     101(a)(15)(H)(i)(c) shall be 3 years.
       ``(4) The total number of nonimmigrant visas issued 
     pursuant to petitions granted under section 
     101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 500. 
     The number of petitions granted under section 
     101(a)(15)(H)(i)(c) for each State in each fiscal year shall 
     not exceed the following:
       ``(A) For States with populations of less than 9,000,000 
     based upon the 1990 decennial census of population, 25 
     petitions.
       ``(B) For States with populations of 9,000,000 or more, 
     based upon the 1990 decennial census of population, 50 
     petitions.
       ``(C) If the total number of visas available under this 
     paragraph for a calendar quarter exceeds the number of 
     qualified nonimmigrants who may be issued such visas, the 
     visas made available under this paragraph shall be issued 
     without regard to the numerical limitations under 
     subparagraphs (A) and (B) of this paragraph during the 
     remainder of the calendar quarter.
       ``(5) A facility that has filed a petition under section 
     101(a)(15)(H)(I)(c) to employ a nonimmigrant to perform 
     nursing services for the facility--
       ``(A) shall provide the nonimmigrant a wage rate and 
     working conditions commensurate with those of nurses 
     similarly employed by the facility;
       ``(B) shall require the nonimmigrant to work hours 
     commensurate with those of nurses similarly employed by the 
     facility; and
       ``(C) shall not interfere with the right of the 
     nonimmigrant to join or organize a union.
       ``(6) For purposes of this subsection and section 
     101(a)(15)(H)(i)(c), the term `facility' means a subsection 
     (d) hospital (as defined in section 1886(d)(1)(B) of the 
     Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets 
     the following requirements:
       ``(A) As of March 31, 1997, the hospital was located in a 
     health professional shortage area (as defined in section 332 
     of the Public Health Service Act (42 U.S.C. 254e)).
       ``(B) Based on its settled cost report filed under title 
     XVIII of the Social Security Act for its costs reporting 
     period beginning during fiscal year 1994--
       ``(i) the hospital has not less than 190 licensed acute 
     care beds;
       ``(ii) the number of the hospital's inpatient days for such 
     period which were made up of patients who (for such days) 
     were entitled to benefits under part A of such title is not 
     less than 35 percent of the total number of such hospital's 
     acute care inpatient days for such period; and
       ``(iii) the number of the hospital's inpatient days for 
     such period which were made up of patients who (for such 
     days) were eligible for medical assistance under a State plan 
     approved under title XIX of the Social Security Act, is not 
     less than 28 percent of the total number of such hospital's 
     acute care inpatient days for such period.''.
       (c) Repealer.--Clause (i) of section 101(a)(15)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) 
     is amended by striking subclause (a).
       (d) Implementation.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Labor (in 
     consultation, to the extent required, with the Secretary of 
     Health and Human Services) and the Attorney General shall 
     promulgate final or interim final regulations to carry out 
     section 212(m) of the Immigration and Nationality Act (as 
     amended by subsection (b)).
       (e) Limiting Application of Nonimmigrant Changes to 4-Year 
     Period.--The amendments made by this section shall apply to 
     classification petitions filed for nonimmigrant status only 
     during the 4-year period beginning on the date that interim 
     or final regulation are first promulgated under subsection 
     (d).
       Sec. 1203. Recommendations for Alternative Remedy for 
     Nursing Shortage. Not later than the last day of the 4-year 
     period described in section 1202(e), the Secretary of Health 
     and Human Services and the Secretary of Labor shall jointly 
     submit to Congress recommendations (including legislative 
     specifications) with respect to the following:
       (1) A program to eliminate the dependence of facilities 
     described in section 212(m)(6) of the Immigration and 
     Nationality Act (as amended by section 1202(b)) on 
     nonimmigrant registered nurses by providing for a permanent 
     solution to the shortage of registered nurses who are United 
     States citizens or aliens lawfully admitted for permanent 
     residence.
       (2) A method of enforcing the requirements imposed on 
     facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of 
     the Immigration and Nationality Act (as amended by section 
     1202) that would be more effective than the process described 
     in section 212(m)(2)(E) of such Act (as so amended).
       This Act may be cited as the ``Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1999''.

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