[House Report 104-676]
[From the U.S. Government Publishing Office]




104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-676
_______________________________________________________________________


 
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
             AGENCIES APPROPRIATIONS BILL, FISCAL YEAR 1997
                                _______
                                

 July 16, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Rogers, from the Committee on Appropriations, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3814]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for the Departments of Commerce, Justice, and 
State, the Judiciary, and related agencies for the fiscal year 
ending September 30, 1997.

                        INDEX TO BILL AND REPORT
                                                            Page number

                                                            Bill Report
Title I--Department of Justice.............................     2
                                                                      8
Title II--Department of Commerce and Related Agencies......    43
                                                                     49
        Office of the United States Trade Representative...    43
                                                                     49
        International Trade Commission.....................    44
                                                                     50
        Department of Commerce.............................    44
                                                                     50
Title III--The Judiciary...................................    64
                                                                     84
Title IV--Department of State and Related Agencies.........    71
                                                                     92
        Department of State................................    71
                                                                     93
        Arms Control and Disarmament Agency................    82
                                                                    112
        United States Information Agency...................    83
                                                                    113
Title V--Related Agencies..................................    91
                                                                    121
        Department of Transportation: Maritime 
            Administration.................................    91
                                                                    121
        Commission for the Preservation of America's 
            Heritage Abroad................................    93
                                                                    123
        Commission on Civil Rights.........................    93
                                                                    123
        Commission on Immigration Reform...................    94
                                                                    124
        Commission on Security and Cooperation in Europe...    94
                                                                    124
        Competitiveness Policy Council.....................
                                                                    124
        Equal Employment Opportunity Commission............    94
                                                                    125
        Federal Communications Commission..................    95
                                                                    125
        Federal Maritime Commission........................    97
                                                                    126
        Federal Trade Commission...........................    97
                                                                    127
        Japan-United States Friendship Commission..........
                                                                    127
        Legal Services Corporation.........................    98
                                                                    128
        Marine Mammal Commission...........................   102
                                                                    130
        Martin Luther King, Jr. Federal Holiday Commission.
                                                                    130
        National Bankruptcy Review Commission..............   102
                                                                    131
        Ounce of Prevention Council........................
                                                                    131
        Securities and Exchange Commission.................   102
                                                                    131
        Small Business Administration......................   105
                                                                    132
        State Justice Institute............................
                                                                    137
Title VI--General Provisions...............................   108
                                                                    138
Assistance to State and Local Governments..................
                                                                    163
Appropriations Not Authorized By Law.......................
                                                                    160
Changes in the Application of Existing Law.................
                                                                    139
Comparison with Budget Resolution..........................
                                                                    162
Comparative Statement of New Budget (obligational) 
    Authority..............................................
                                                                    170
Compliance with Rule XIII--Clause 3........................
                                                                    164
Five-Year Projection of Outlays............................
                                                                    163
Inflationary Impact Statement..............................
                                                                    162
Programs, Projects and Activities..........................
                                                                    163
Reprogrammings, Reorganizations, and Relocations...........
                                                                      6
Rescissions................................................
                                                                    170
Summary of Estimates and Recommendations...................
                                                                      2
Transfer of Funds..........................................
                                                                    170

                Summary Of Estimates And Recommendations

    The budget estimates for the departments and agencies 
included in the accompanying bill are contained in the Budget 
of the United States for 1997 submitted on March 18, 1996 (H. 
Doc. 104-162), budget amendments submitted on April 15, 1996 
(H. Doc. 104-193) and June 7, 1996 (H. Doc. 104-229) and July 
10, 1996 (H. Doc. 104-244), and in a letter of transmittal from 
the State Justice Institute (dated March 7, 1996). This 
organization has the authority to transmit its budget directly 
to the Congress.
    The Committee recommends a total of $24,466,270,000 in 
general purpose discretionary budget authority for the 
departments and agencies funded in the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Bill for fiscal year 1997, and $4,524,918,000 in 
discretionary budget authority from the Violent Crime Reduction 
Trust Fund for the Department of Justice and the Judiciary. The 
Committee also recommends $521,524,000 for mandatory programs 
funded within this bill.
    For general purpose discretionary programs, the Committee 
recommendation is $2,142,119,000 below the President's budget 
request. It is $1,127,050,000 above the amounts enacted for the 
current fiscal year. The entire amount of this increase has 
been provided for programs in the Department of Justice and the 
Judiciary to annualize the increases provided in fiscal year 
1996 and to fund key initiatives in law enforcement, the war on 
drugs, juvenile crime and control of our borders. Even with 
this increase over the current year, discretionary spending 
remains below the level enacted in the fiscal year 1995 
Commerce, Justice, State and Judiciary appropriations bill.
    For Violent Crime Reduction Trust Fund programs, the Com- 
mittee recommendation provides $4,524,918,000, which is 
$304,340,000 below the budget request and $568,969,000 above 
the amounts provided in the current fiscal year. Funding is 
below the budget request because the Budget Resolution 
Conference Report for fiscal year 1997 capped the Violent Crime 
Reduction Trust Fund below the level assumed in the budget 
request, and provided discretionary funds in place of the Trust 
Fund resources. As a result, programs that would otherwise have 
been funded under the Crime Trust Fund at the higher level have 
instead been funded with the increases provided in 
discretionary budget authority.
    The Committee recommendation is within the Committee's 
section 602(b) allocation for the departments and agencies 
funded within the accompanying bill. The section 602(b) 
allocations for discretionary programs are $24,493,000,000 in 
budget authority and $24,939,000,000 in outlays, of which 
$235,000,000 in budget authority and $209,000,000 in outlays 
are for defense (050) programs. The 602(b) allocations for the 
Violent Crime Reduction Trust Fund are $4,525,000,000 in budget 
authority and $2,951,000,000 in outlays.
    The Committee was faced with extremely difficult decisions 
in determining the funding levels for the various programs 
funded in this bill. In order to annualize and sustain the 
level of effort provided in fiscal year 1996, law enforcement 
and Justice programs required an increase of approximately 
$1,000,000,000. In order to fund needed initiatives in the 
areas of law enforcement, drugs, juvenile crime and immigration 
as well as maintain the ability of the Federal court system to 
respond to its increasing workload, it has been necessary to 
scrutinize all other parts of the bill. In total, spending in 
the remaining titles for the Departments of Commerce, the State 
Department and related agencies has been reduced, and nearly 
every program is either funded below, in many cases 
significantly below, or at the same level as in the current 
fiscal year. In this regard, the Committee bill has prioritized 
by providing, and even increasing, funding for the highest 
priority programs involving law enforcement, and reducing, and 
in a number of cases terminating, low priority programs.
    The following table provides a comparison of the new budget 
authority and outlays recommended in the accompanying bill with 
the amounts appropriated for fiscal year 1996, and with the 
budget request for fiscal year 1997:

                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                           1997 recommendation  
                                                                                              compared with     
                                                     1996         1997         1997    -------------------------
                                                   enacted      request    recommended      1996         1997   
                                                                                          enacted      request  
----------------------------------------------------------------------------------------------------------------
Discretionary..................................       23,338       26,608       24,466       +1,128       -2,142
Violent Crime Reduction Trust Fund.............        3,956        4,829        4,525         +569         -304
Mandatory......................................          506          522          522          +16  ...........
                                                ----------------------------------------------------------------
      Total....................................       27,800       31,959       29,513       +1,713       -2,446
----------------------------------------------------------------------------------------------------------------

                         Highlights of the Bill

    Major initiatives and highlights of the bill contained in 
the Committee recommendations follow:

                         Department of Justice

                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                           1997 recommendation  
                                                                                              compared with     
                                                     1996         1997         1997    -------------------------
                                                   enacted      request    recommended      1996         1997   
                                                                                          enacted      request  
----------------------------------------------------------------------------------------------------------------
Title I--Department of Justice:                                                                                 
    Discretionary..............................       10,618       11,700       11,677       +1,059          -23
    Violent Crime Reduction Trust Fund.........        3,926        4,785        4,495         +569         -290
----------------------------------------------------------------------------------------------------------------

    --Over $7.1 billion for drug enforcement initiatives to 
restart the war on drugs, including a $167 million increase--21 
percent--for the Drug Enforcement Administration, which is $20 
million more than requested by the Administration. This 
includes a new $75 million initiative targeted at source 
countries, restoring successful international drug efforts to 
1992 levels, and a $56 million initiative to stop drug 
trafficking on the Southwest border.
    --Over $2.8 billion, a $468 million increase, to enforce 
our immigration laws by adding 1,100 new border patrol agents 
and 2,700 more detention beds to ensure the deportation of 
illegal aliens residing in the United States. This includes a 
$443 million increase for the Immigration and Naturalization 
Service, which is $30 million more than requested by the 
Administration, including 400 more border patrol agents and 
2,000 more detention beds. Also included is $500 million to 
reimburse States for the incarceration of illegal aliens.
    --A $144 million increase to implement the Antiterrorism 
and Effective Death Penalty Act of 1996, including $100 million 
for the FBI, $15 million for INS and U.S. Attorneys, $20 
million from the Local Law Enforcement Block Grant for National 
Institute of Justice technology programs, and $9 million for 
the Counterterrorism Fund.
    --Over $4.0 billion for State and local law enforcement 
assistance and juvenile justice programs, including $1.4 
billion for Community Policing, $571 million for the Local Law 
Enforcement Block Grant, $680 million for State Prison Grants, 
and $197.5 million for Violence Against Women Act programs.

              Department of Commerce and Related Agencies

                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                           1997 recommendation  
                                                                                              compared with     
                                                     1996         1997         1997    -------------------------
                                                   enacted      request    recommended      1996         1997   
                                                                                          enacted      request  
----------------------------------------------------------------------------------------------------------------
Title II--Department of Commerce and Related                                                                    
 Agencies:                                                                                                      
    Discretionary..............................        3,689        4,326        3,570         -119         -756
----------------------------------------------------------------------------------------------------------------

    --$3.57 billion for the Department of Commerce and related 
agencies, a reduction of $756 million below the request and 
$119 million below the fiscal year 1996 appropriation level, 
continuing initiatives begun last year to downsize and refocus 
the Commerce Department on its basic functions, including trade 
promotion, basic research, and public safety, resulting in a 17 
percent decrease in the Department from the fiscal year 1995 
level.
    --Provides funding for almost every Commerce Department 
agency at or below its current funding level, and continues 
efforts to streamline and privatize functions, including the 
NOAA Commissioned Corps and the NOAA fleet.

                             The Judiciary

                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                           1997 recommendation  
                                                                                              compared with     
                                                     1996         1997         1997    -------------------------
                                                   enacted      request    recommended      1996         1997   
                                                                                          enacted      request  
----------------------------------------------------------------------------------------------------------------
Title III--The Judiciary:                                                                                       
    Discretionary..............................        2,761        3,178        2,940         +179         -237
    Violent Crime Reduction Trust Fund.........           30           35           30  ...........           -5
----------------------------------------------------------------------------------------------------------------

    --Nearly $3 billion for the discretionary and Crime Trust 
Fund programs of the Federal Judiciary, a 6.4 percent increase 
above the fiscal year 1996 appropriation level, to allow the 
Courts to keep up with their increasing workload. This increase 
is consistent with the increases provided for Federal law 
enforcement agencies funded in this bill, as part of the bill's 
priority on bringing the full force of the law to bear on 
crime, drugs, and illegal immigration.

               Department of State, USIA and Arms Control

                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                           1997 recommendation  
                                                                                              compared with     
                                                     1996         1997         1997    -------------------------
                                                   enacted      request    recommended      1996         1997   
                                                                                          enacted      request  
----------------------------------------------------------------------------------------------------------------
Title IV--Department of State and Related                                                                       
 Agencies:                                                                                                      
    Discretionary..............................        4,966        6,062        4,837         -129       -1,225
----------------------------------------------------------------------------------------------------------------

    --$4.8 billion for programs funded by State, United States 
Information Agency and the Arms Control and Disarmament Agency 
appropriations, a reduction of $129 million below the current 
fiscal year, and $1.2 billion below the request, conforming 
international spending to budget realities. Nearly every 
account has been frozen or reduced below the current level.

                            Related Agencies

                                            [In millions of dollars]                                            
----------------------------------------------------------------------------------------------------------------
                                                                                           1997 recommendation  
                                                                                              compared with     
                                                     1996         1997         1997    -------------------------
                                                   enacted      request    recommended      1996         1997   
                                                                                          enacted      request  
----------------------------------------------------------------------------------------------------------------
Title V--Related Agencies:                                                                                      
    Discretionary..............................        1,586        2,199        1,425         -161         -774
    Violent Crime Reduction Trust Fund.........  ...........            9  ...........  ...........           -9
----------------------------------------------------------------------------------------------------------------

    --$1.4 billion for the related agencies funded in the bill, 
a reduction of $783 million from the request, and $161 million 
below the fiscal year 1996 appropriated level, preserving core 
agencies and functions while reducing or eliminating low 
priority agencies to conform spending with fiscal realities.
    --Eliminates all funding for duplicative or low priority 
agencies, such as the Competitiveness Policy Council and the 
Ounce of Prevention Council.
    --Provides $691 million for the Small Business 
Administration, a reduction of $217 million from the request, 
and $2 million above the fiscal year 1996 appropriation, 
preserving the core programs to assist small business while 
reducing costs to the taxpayer.

            Reprogrammings, Reorganizations, and Relocations

    The House and Senate reports accompanying the 
appropriations bills for the Departments of Commerce, Justice, 
and State, the Judiciary, and the Related Agencies for several 
years have contained language concerning the reprogramming of 
funds between programs or activities. This matter is addressed 
in section 605 of the General Provisions contained in the 
accompanying bill.
    The Committee expects each department and agency to follow 
closely the reprogramming procedures listed below which are the 
same as provisions that applied in statute during fiscal year 
1996. These procedures apply to funds provided under this Act, 
or provided under previous Appropriations Acts that remain 
available for obligation or expenditure in fiscal year 1997 or 
provided through the collection of fees to the agencies funded 
by this Act.
    The Committee desires and expects that the Chairman of the 
Subcommittee on the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies will be notified by 
letter a minimum of 15 days prior to--
    (1) Reprogramming of funds, whether permanent or temporary, 
in excess of $500,000 or 10 percent, whichever is less, between 
programs or activities. This provision is also applicable in 
cases where several activities are involved with each receiving 
less than $500,000. In addition, the Committee desires to be 
notified of reprogramming actions which are less than these 
amounts if such actions would have the effect of committing the 
agency to significant funding requirements in future years.
    (2) Increasing funds or personnel by any means for any 
project or activity for which funds have been denied or 
restricted.
    (3) Creating new programs, offices, agencies or commissions 
or substantial augmentation of existing programs, offices, 
agencies or commissions.
    (4) Relocating offices or employees.
    (5) Reorganizing offices, programs, or activities.
    (6) Opening or closing offices that were not requested and 
provided for, that would either add or diminish an activity in 
a particular location.
    In addition, the Committee desires and expects any 
department or agency funded in the accompanying bill which is 
planning to conduct a reduction-in-force to notify the 
Committee by letter 30 days in advance of the date of the 
proposed personnel action.
    The Committee also expects that any items which are subject 
to interpretation will be reported.
    The Committee is concerned that in some instances, the 
department or agencies funded within this Appropriations Act 
are not adhering to the Committee's reprogramming policy and 
procedures which are set forth in this report and in section 
605 of the accompanying bill. The Committee expects each 
department and agency funded in the bill to follow these 
notification policies precisely and not reallocate resources or 
reorganize activities prior to submitting the required 
notifications to the Committee. The Committee has provided each 
of the departments, the Judiciary, and the United States 
Information Agency with transfer authority, which is the same 
as the transfer authority provided in the fiscal year 1996 
Appropriations Act. The Committee believes such authority, 
together with the traditional reprogramming policy, gives each 
department, the Judiciary, and the United States Information 
Agency the needed discretion to respond to unanticipated 
circumstances and requirements which may arise throughout the 
fiscal year.

           Relationship With Budget and Comptroller's Offices

    Through the years, the Appropriations Committee has 
channeled most of its inquiries and requests for information 
and assistance through the budget offices or comptroller 
organizations of the various departments, agencies, commissions 
and the Judiciary. The Committee has often pointed out the 
natural affinity and relationship between these organizations 
and the Appropriations Committee which makes such a 
relationship imperative. The Committee reiterates its position 
that, while it always reserves the right to call upon all 
organizations in the departments, agencies, commissions and the 
Judiciary for information and assistance, the primary 
conjunction between the Committee and these entities must be 
through the budget office and comptroller organizations.
    The Committee appreciates all of the assistance received 
from each of the departments, agencies, commissions and the 
Judiciary during this past year. The workload generated in the 
budget process is large and growing, and therefore, a positive, 
responsive relationship between the Committee and the budget 
and/or comptroller offices is absolutely essential to the 
appropriations process of the United States Government.

              Staffing and Operations Outside of the U.S.

    The Committee remains concerned that there does not yet 
appear to be any systematic control over the size and growth of 
Federal department and agency presence outside of the U.S., 
raising the likelihood that resources are being misallocated. 
The Committee, in conjunction with the Administration, has 
begun a number of initiatives to improve the situation, 
including the overseas staffing model for the State Department, 
and the new International Cooperative Administrative Support 
Services system, to better allocate costs of overseas presence 
to each agency, in order to make the decision to assign 
personnel overseas based on true cost. The Committee has 
addressed other areas of concern in this report.
    This concern is due in large part to the cost implications. 
It costs two to three times as much to maintain an employee 
outside of the U.S. as it does within the U.S. It is clear that 
rationalizing and systematizing staffing and operations in 
foreign countries has the potential for large budgetary 
savings.
    The Committee wishes to make it clear that any expansion of 
staffing or presence overseas is to be brought to the attention 
of the Committee at the outset of the planning process, well in 
advance of the proposed use of any funds appropriated in this 
Act, or any prior or subsequent appropriations Act, preferably 
through the annual budget submission, and as a last resort 
through the reprogramming process. The Committee remains intent 
upon finding the proper way to assure control of the deployment 
of personnel and resources outside of the U.S.

                     TITLE I--DEPARTMENT OF JUSTICE

    The Committee recommends $16,306,129,000 in new budget 
(obligational) authority in the accompanying bill for the 
Department of Justice for fiscal year 1997. This amount is 
$1,645,908,000 more than the appropriation for the current 
year, and is $312,963,000 below the budget request for fiscal 
year 1997. Of the total amount provided $11,677,383,000 is 
derived from general purpose discretionary funds, which 
represents an increase of $1,059,469,000 above the current 
year, and almost the entire increase in discretionary spending 
provided under the Subcommittee's 602(b) allocation. The 
remaining $4,494,918,000 is derived from the Violent Crime 
Reduction Trust Fund, which is an increase of $568,969,000 in 
spending from the Trust Fund over the current year, and 
represents the entire increase in Violent Crime Reduction Trust 
Fund resources provided to the Subcommittee.
    The Committee recommendation for the Department of Justice 
reflects the continuing commitment of the Congress to provide 
resources for the Nations' top domestic priority--fighting 
crime. The recommendation will have provided for a 33 percent 
increase for Department of Justice programs over the past two 
years, including an unprecedented 46 percent increase for INS 
to stop illegal immigration, a 27 percent increase for the DEA 
to fight the war on drugs, a 20 percent increase for the FBI to 
fight violent crime and terrorism, and a 68 percent increase in 
funding to assist State and local law enforcement who are 
fighting crime on the front lines, in our communities and 
schools. The Congress has done its part to dedicate resources, 
during a time of severe fiscal constraint, to the Department of 
Justice. But despite the Committee's emphasis on providing 
resources and despite the importance of the problems of crime, 
drugs and illegal immigration, the Department of Justice has 
failed to use these resources for the intended purposes in the 
following ways: (1) the FBI and DEA have still not hired the 
agents and support staff provided in 1995; (2) critical law 
enforcement systems such as NCIC 2000 and the Integrated 
Automated Fingerprint Identification System (IAFIS) are not 
complete and are significantly over budget; (3) INS has not 
removed illegal aliens residing in the United States at rates 
promised, thereby having little, if any impact on the 
population levels of illegal aliens living here; (4) and 
funding to combat domestic violence--Violence Against Women 
Grants--to this day are not in the hands of State and local 
organizations that are prepared to address this problem. The 
Committee finds this unacceptable and expects that serious 
attention be given to the management of these resources to 
provide the needed staff, critical systems and funding to law 
enforcement that is vital to addressing the crime and drug 
problem.

                         General Administration

                         Salaries And Expenses

    The Committee recommends a total of $71,493,000 for General 
Administration for fiscal year 1997. This amount is $2,688,000 
less than the current year appropriation, and is $11,763,000 
below the request.
    This account funds the development of policy objectives and 
the overall management of the Department of Justice. The 
Committee recommendation includes funding at the current year 
level for these activities and eliminates funding for the 
Office of the Associate Attorney General as proposed by both 
the House-passed and Senate-passed Budget Resolutions. In 
addition, the Committee recommendation includes $2,211,000 for 
additional staffing for the Office of Professional 
Responsibility for investigations of allegations of attorney 
misconduct.
    The Committee recommendation also includes a reduction of 
$5,000,000, as requested, in resources provided in fiscal year 
1996 for Departmental management and financial oversight of the 
Immigration and Naturalization Service.
    The Committee recommends bill language, similar to language 
included in fiscal year 1996, that specifies the amount of 
funding provided for Department Leadership and Executive 
Support programs. The Committee is concerned that the 
Department of Justice has continued to increase staffing for 
the Office of Legislative Affairs at the expense of management 
and oversight of Department of Justice programs, and at a time 
when all other programs under General Administration have been 
operating at a freeze level to ensure that scarce resources are 
targeted to direct crime-fighting activities. Furthermore, the 
increase for the Office of Legislative Affairs has been in 
spite of an objection early in fiscal year 1996 to a 
reorganization proposal for this office which would have 
increased this office by over 38 percent, in contradiction to 
levels provided in the 1996 appropriation. Therefore, the 
Committee intends that the amount provided for the Department 
Leadership and Executive Support programs in fiscal year 1997 
be allocated as follows:

------------------------------------------------------------------------
                                         Positions     FTE     Thousands
------------------------------------------------------------------------
Department Leadership:                                                  
    Attorney General...................         14         15     $3,377
    Deputy Attorney General............         29         29      4,100
                                        --------------------------------
      Total............................         43         44      7,477
Executive Support:                                                      
    Policy Development.................         35         41      4,652
    Public Affairs.....................         15         20      1,831
    Legislative Affairs................         21         24      2,504
                                        --------------------------------
      Total............................         71         85      8,987
------------------------------------------------------------------------

    The Committee recommendation does not include $3,200,000 
under this account and $11,924,000 under the Office of the 
Inspector General for the preparation and audit of Department-
wide financial statements required under the Government 
Management Reform Act of 1994. The Department of Justice 
Appropriations Act for 1992 (Public Law 102-140) provided the 
Department of Justice with authority to retain up to four 
percent of the total income from the Working Capital Fund. 
These retained earnings were authorized to be used ``for the 
improvement and implementation of the Department's financial 
management'' systems among other purposes. The Committee 
understands that an underlying purpose of the Government 
Management and Reform Act of 1994 and the Chief Financial 
Officer's Act of 1990 is to improve, long-term, the Departments 
and Agencies financial management systems through the 
preparation and audit of financial statements. The Committee 
therefore directs that the General Manager of the Department's 
Working Capital Fund (WCF) use the retained earnings available 
in fiscal year 1997 to cover the necessary costs for 
preparation and audit of financial statements for those 
appropriation accounts within the Department of Justice which 
are regular customers of the WCF. The Committee notes that the 
Department of Justice currently prepares and audits financial 
statements for ``commercial-like'' programs and trust funds and 
expects this effort to continue to be funded with base funds.
    The Committee also recommends bill language, as included in 
previous fiscal years, making up to $3,317,000 of this 
appropriation available until expended for the Facilities 
Program 2000.

                         Counterterrorism Fund

    The Committee recommends $9,450,000 for the 
Counterterrorism Fund which was established in the 1995 
Supplemental Appropriation for Oklahoma City. This Fund is 
under the control and direction of the Attorney General to: (1) 
cover the extraordinary and contingency costs that have 
occurred and are expected to occur as a result of the Oklahoma 
City bombing; and (2) to cover costs related to any potential 
or actual future domestic or international terrorist act.
    The amount recommended, when added to the $12,982,000 
likely to be available at the end of fiscal year 1996, will 
provide a balance of $22,432,000 remaining in this Fund for 
fiscal year 1997 to cover any expenses that may be necessary as 
a result of terrorist incidents or to engage in planning, and 
the execution of plans, related to upcoming significant events 
which offer the potential of being targeted.
    The Committee encourages the Attorney General to use funds 
available to support preparation of firefighters and public 
safety officers for responding to terrorist incidents.
    The Attorney General is required to notify the Committees 
on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act, prior to the 
obligation of any funds from this account.

                   Administrative Review and Appeals

    The Committee recommends funding of $112,000,000 for 
Administrative Review and Appeals for fiscal year 1997, of 
which $48,000,000 is provided from the Violent Crime Reduction 
Trust Fund. This account funds: (1) the Executive Office for 
Immigration Review (EOIR), which includes the Board of 
Immigration Appeals, Immigration Judges, and Administrative Law 
Judges who decide through administrative hearings whether to 
admit or exclude aliens seeking to enter the country, and 
whether to deport or adjust the status of aliens whose status 
has been challenged; and (2) the Office of the Pardon Attorney 
which receives, investigates and considers petitions for all 
forms of Executive clemency. Of the total amount provided, the 
Committee has included $110,519,000 for the EOIR and $1,481,000 
for the Office of the Pardon Attorney.
    Immigration Initiatives.--The Committee recommendation 
includes an increase of $25,267,000 for EOIR, which represents 
a 30 percent increase over the current year appropriation. This 
increase fully supports the additional judges, attorneys and 
support positions provided in the current year for immigration 
reform initiatives and provides $6,496,000 for 24 additional 
immigration judges for border control and removal of criminal 
and non-criminal aliens, $6,000,000 for ADP systems 
modernization and $1,900,000 for 20 additional attorneys for 
the Board of Immigration Appeals.

                      Office Of Inspector General

    The Committee recommends $31,960,000 for the Office of 
Inspector General for fiscal year 1997. This amount is 
$19,989,000 below the request and $3,000,000 above the amount 
provided in the current year appropriation.
    The Committee recommendation does not include the requested 
transfer of $5,000,000 from the General Administration 
appropriation for additional audits of the Immigration and 
Naturalization Service. However, the Committee has provided a 
transfer of $1,000,000 from the INS appropriation to the Office 
of the Inspector General to support increased audits and 
investigations of INS. The Committee recommendation assumes 
that the Inspector General will continue to receive full 
reimbursement for services provided to the U.S. Trustees, the 
Environmental Protection Agency and for audits of the various 
non-appropriated accounts administered by the Department. The 
Committee expects that to the extent audits, inspections or 
investigations are planned for non-appropriated accounts of the 
INS, subject to the reprogramming requirements of section 605 
of this Act, the Inspector General may be reimbursed from these 
accounts.
    The Committee recommendation does not include $11,924,000 
for the audit of Department-wide financial statements required 
under the Government Management Reform Act of 1994. As 
mentioned under the General Administration appropriation, the 
Committee expects that retained earnings from the Working 
Capital Fund (WCF) will be available in fiscal year 1997 to 
cover the necessary costs for preparation and audit of 
financial statements for those appropriation accounts within 
the Department of Justice which are regular customers of the 
WCF. The Committee notes that the Department of Justice 
currently prepares and audits financial statements for 
``commercial-like'' programs and trust funds and expects this 
effort to continue to be funded with base funds.
    The Committee also recommends bill language, similar to 
that included in previous fiscal years, which makes: (1) up to 
$10,000 of this appropriation available for emergencies of a 
confidential manner; and (2) funds available for the 
acquisition of motor vehicles.

                         U.S. Parole Commission

                         salaries and expenses

    The Committee recommends $4,490,000 for the Parole 
Commission for fiscal year 1997. This amount is $956,000 less 
than the current year appropriation, and is $711,000 below the 
request.
    This Commission is an independent body within the 
Department of Justice which makes decisions regarding requests 
for parole and supervision of Federal prisoners. As a result of 
legislation that established sentencing guidelines, the Parole 
Commission is scheduled to terminate by November 1, 1997. The 
Committee's recommendation assumes that the Commission's staff 
will be reduced by one-third from the current staffing level 
consistent with the continued phase-down of the Commission and 
its related workload.

                            Legal Activities

                        general legal activities

    The Committee recommends a total of $428,543,000 for 
General Legal Activities for fiscal year 1997, of which 
$7,750,000 is provided from the Violent Crime Reduction Trust 
Fund. The total amount recommended is $7,023,000 more than the 
current year appropriation, and $29,484,000 less than the 
request.
    This appropriation supports the Attorney General through 
the establishment of litigation policy, conduct of litigation, 
and various other legal responsibilities, through the Office of 
the Solicitor General, the Tax Division, the Criminal Division, 
the Civil Division, the Environmental and Natural Resources 
Division, the Office of Legal Counsel, the Civil Rights 
Division, INTERPOL--U.S. National Central Bureau, and the 
Office of Special Counsel for Immigration Related Unfair 
Employment Practices.
    The Committee recommendation assumes funding at the 1996 
level and provides pay and inflation increases and restoration 
of base reductions for the Criminal Division. In addition, 
$7,750,000 is recommended from the Violent Crime Reduction 
Trust Fund to support the full cost of attorneys and support 
staff for the Civil Division's Office of Immigration Litigation 
for asylum activities.
    The Committee also recommends bill language, similar to 
that included in previous fiscal years, which: (1) allows up to 
$20,000 for expenses of collecting evidence; (2) makes up to 
$10,000,000 for litigation support contracts available until 
expended; (3) makes up to $17,525,000 for office automation 
systems available until expended; (4) makes up to $1,000 
available to the U.S. National Central Bureau--INTERPOL for 
reception and representation expenses; and (5) allows 
acceptance of gifts for hosting the 1997 INTERPOL regional 
conference.

               the national childhood vaccine injury act

    The Committee recommends a reimbursement of $4,028,000 for 
fiscal year 1997 from the Vaccine Injury Compensation Trust 
Fund to cover Justice Department expenses associated with 
litigating cases under the National Childhood Vaccine Injury 
Act of 1986. This level represents the same level of funding as 
provided in the current year appropriation.

               salaries and expenses, antitrust division

    The Committee recommendation assumes a total of $84,336,000 
in budget (obligational) authority for the Antitrust Division 
for fiscal year 1997, the full amount requested and $738,000 
below the current year. Of this amount, $58,905,000 will be 
derived from anticipated fee collections in fiscal year 1997, 
and $7,889,000 will be derived from unobligated fiscal year 
1996 fee collections, resulting in a net direct appropriation 
of $17,542,000. The Committee notes that any use of remaining 
unobligated fee collections from the prior year are subject to 
the reprogramming requirements outlined in section 605 of this 
Act.
    This Division acts on antitrust cases before the Supreme 
Court, represents the interests of the United States in cases 
brought under Federal antitrust laws, reviews decisions of 
regulatory commissions, and prepares and files amicus curiae 
briefs.
    The recommendation includes bill language for the Antitrust 
Division, similar to that included in previous fiscal years, 
which: (1) allows $58,905,000 in fees to be credited to this 
account; (2) reduces appropriated funds as fees are collected; 
and (3) makes fees in excess of $58,905,000 available until 
expended in fiscal year 1998.

             salaries and expenses, united states attorneys

    The Committee recommends a total of $974,905,000 for the 
U.S. Attorneys for fiscal year 1997, of which $43,876,000 is 
provided from the Violent Crime Reduction Trust Fund. The total 
amount provided is an increase of $50,559,000 above the current 
year appropriation and $18,783,000 below the request.
    This appropriation supports the Executive Office for U.S. 
Attorneys and the 94 U.S. Attorneys Offices which serve as the 
principal litigators for the U.S. Government for criminal, 
civil and debt collection matters.
    The Committee recommendation assumes requested adjustments 
to base, including the cost of the 1997 pay raise.
    Immigration and Southwest Border Initiatives.--The 
recommendation provides an increase of $13,730,000 and 100 
attorneys, the full amount requested, to support immigration 
initiatives and increased drug prosecutions on the Southwest 
border.
    The recommendation also provides resources from the Violent 
Crime Reduction Trust Fund of $500,000 and 3 attorneys to 
address the problem of marketing scams which target senior 
citizens. In addition, funding of $1,000,000 is provided for 
Federal victims counselors to address violence against women, 
reflecting an increase of $500,000 over the amount provided in 
fiscal year 1996 and $467,000 above the request.
    Teamsters Election.--The Committee supports the ongoing 
efforts of the Department of Justice to rid the International 
Brotherhood of Teamsters of mob dominance. While the Committee 
agrees that it is in the best interest of the nation to have a 
mob-free union, it is most beneficial to the union itself. The 
Committee also agrees that the Federal government should not 
bear the full cost of the supervision of the upcoming 
elections. In the Conference Reports to H.R. 4603 and H.R. 
2076, the conferees agreed that the cost for the supervision of 
this election should be shared by the Justice Department, the 
Department of Labor and the International Brotherhood of 
Teamsters. For the last two years the Department of Justice and 
the Department of Labor have supported two-thirds of the entire 
cost of the election oversight. The fiscal year 1997 budget 
request for these agencies includes the remaining one-third of 
this cost. For the Department of Justice, the request includes 
an additional $3,821,000. The Committee agrees that this 
remaining cost should be supported in full by the International 
Brotherhood of Teamsters in order that they may share in the 
cost of this oversight and the commitment to a mob-free union. 
The Committee further understands that the Teamsters have 
adequate resources to support these costs and therefore there 
will be no adverse impact on the oversight activities. As such, 
no additional funding is provided for this activity.
    The Committee also recommends bill language, similar to 
that included in previous fiscal years, which: (1) makes up to 
$2,500,000 for debt collection purposes available until 1998; 
(2) makes up to $10,000,000 for automated litigation support 
contracts available until expended; (3) makes available up to 
$8,000 to be used for official reception and representation 
expenses; and (4) specifies the number of positions and 
workyears provided for the United States Attorneys.

                   united states trustee system fund

    The Committee recommendation provides a total of 
$107,950,000 in budget (obligational) authority for the U.S. 
Trustees for fiscal year 1997, to be entirely funded from 
offsetting fee collections. The amount recommended is 
$5,678,000 above fiscal year 1996 and $3,683,000 below the 
request.
    The U.S. Trustees System provides administrative support to 
expeditiously move bankruptcy cases through the bankruptcy 
process and ensures accountability of private trustees 
appointed to administer bankruptcy estates and with regard to 
debtors. Public Law 99-554, the Bankruptcy Judges, U.S. 
Trustees, and Family Farmer Bankruptcy Act of 1986, established 
a U.S. Trustee System Fund in the U.S. Treasury, and provided 
for the collection of fees into the Fund to finance program 
operations.
    The recommendation includes new language as proposed by the 
Administration, under section 109, to restructure quarterly fee 
payments for debtors under chapter 11 of the Bankruptcy Code 
but does not include a new surcharge on chapter 13 trustees 
payments. Also included is language to allow all fees collected 
to be used as offsetting collections to the U.S. Trustee 
program.
    The recommendation also includes bill language which: (1) 
allows deposits to the U.S. Trustee System Fund to be used to 
pay refunds due depositors; (2) allows $107,950,000 in 
offsetting fee collections to be retained and used for 
necessary expenses in this appropriation; (3) reduces 
appropriated funds as such fees are collected; and (4) makes 
offsetting fee collections in excess of $107,950,000 available 
until expended in fiscal year 1998.

                  foreign claims settlement commission

    The Committee recommends $878,000 for the Foreign Claims 
Settlement Commission for fiscal year 1997. This amount is an 
increase of $49,000 over the current year appropriation and the 
full amount requested. The Commission settles claims of 
American citizens arising out of nationalization, 
expropriation, or other takings of properties and interests by 
foreign governments.

         Salaries And Expenses, United States Marshals Service

    The Committee recommends $485,214,000 for the United States 
Marshals Service for fiscal year 1997, of which $25,000,000 
will be provided from the Violent Crime Reduction Trust Fund. 
This amount represents an increase of $37,530,000 above the 
current year appropriation, and $29,825,000 below the amount 
requested.
    The primary mission of the 94 U.S. Marshals offices is the 
protection of the Federal Judiciary, protection of witnesses, 
execution of warrants and court orders, and the custody and 
transportation of unsentenced prisoners.
    The Committee recommendation assumes requested adjustments 
to base, including the cost of the 1997 pay raise.
    Security at New and Expanded Courthouses.--The Committee 
recommendation includes $7,585,000 for security staffing and 
$15,235,000 for equipment at courthouses anticipated to open in 
1997. This amount assumes that a number of the courthouses 
scheduled to open in September 1997 will not open until fiscal 
year 1998. This assumption is based on the fact that, of the 31 
courthouses scheduled to open in fiscal year 1996, 17 have 
extended the opening dates by at least three months.
    In addition, the Committee recommendation includes 
$4,700,000 and 30 additional Deputy U.S. Marshals for security 
at D.C. Superior Court and $6,130,000 and 45 Deputy U.S. 
Marshals to support the increased movement of pre-trial 
detainees resulting from increased arrests on the southwest 
border.
    Seized Assets.--Earlier this year, the Committee approved a 
reorganization of the U.S. Marshals Service and specified that 
$27,817,000 and 404 FTE be devoted to the Seized Asset 
Management Program, as provided in the fiscal year 1996 
Conference Report. Concerned over the need to strengthen 
oversight of the seized assets program, the Committee directed 
the U.S. Marshals Service to implement new practices to improve 
the timeliness and disposal of assets, including 
recommendations made in a review of the program by the Office 
of the Inspector General.
    The Committee understands that the Marshals Service has 
made significant improvements in the Seized Assets program and 
that all of the recommendations of the Inspector General, the 
Office of Management and Budget and the Committee have been 
implemented or are in progress. As a result, the Committee 
understands that the inventory of assets to be disposed of has 
been significantly reduced and a thorough review of time 
reporting and workload data indicates that only 230 FTE will be 
devoted to the Seized Asset program in fiscal year 1996. With 
the outcome of the Supreme Court's ruling on civil forfeitures 
and recent emphasis by the Attorney General on use of asset 
seizure and forfeiture as a law enforcement tool, the Committee 
is concerned that adequate resources remain in the Seized Asset 
program to address any increase in seizures that may occur and 
therefore recommends that the level for the Seized Asset 
Program in fiscal year 1997 be no less than 325 FTE and 
$22,700,000. The Committee further expects that the savings of 
$5,117,000 and 104 workyears from the fiscal year 1996 level, 
be redirected to the following increases:
          +$3,708,000 to restore intermittent deputy positions 
        for prisoner-related activites;
          +$426,000 for witness security; and
          +$983,000 for protection of the judiciary.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows up 
to $6,000 to be used for official reception and representation 
expenses, and allows for the acquisition of motor vehicles for 
police-type use without regard to the general purchase price 
limitation. New bill language is included which makes up to 
$4,000,000 for development, implementation, maintenance and 
support, and training for an automated prisoner information 
system, and $2,200,000 for the Justice Prisoner and Alien 
Transportation System, available until expended. In addition, 
new language is included which will allow the U.S. Marshals 
Service to earn reimbursement for the maintenance and transport 
of State, local and territorial prisoners by the Justice 
Prisoner and Alien Transportation System.

                       Federal Prisoner Detention

    The Committee recommendation assumes total budget 
(obligational) authority of $405,262,000 for the Federal 
Prisoner Detention account for fiscal year 1997, which is the 
full amount requested and $109,931,000, or 37 percent, more 
than the current year appropriation. Under this program, the 
U.S. Marshals contract with State and local jails and private 
facilities to house unsentenced Federal prisoners for short 
periods of time usually before and during trial and while 
awaiting transfer to Federal institutions after conviction.
    The recommendation provides for an estimated 13 percent 
increase in the number of jail days expected to be used. The 
Committee directs the Department of Justice to prioritize the 
use of these additional resources to increase drug arrests on 
the Southwest border.
    Report on Availability of Jail Space for Federal Pre-
Sentenced Prisoners.--The Committee is aware of jail space, 
particularly in California, which is vacant due to insufficient 
State operating funds. The Committee is also aware that as a 
result of increased Federal law enforcement activities on the 
Southwest border, requirements for housing of pre-trial 
prisoners are expected to significantly increase and therefore 
encourages the Department, to the maximum extent possible, to 
utilize this available jail space for Federal prisoners 
requiring short-term housing.
    The Committee also understands that in other areas of the 
country, there is inadequate jail space for the housing of pre-
sentenced Federal prisoners, and as a result the U.S. Marshals 
Service is often faced with transporting Federal detainees 
great distances for appearances in trials. The Committee 
directs the U.S. Marshals Service to undertake a review of jail 
space availability to determine the adequacy of current jail 
space for Federal pre-sentenced prisoners and provide 
recommendations to the House Committee on Appropriations by 
March 31, 1997, to address current shortfalls and any future 
requirements.
    Detention of Criminal Aliens at the Naval Air Station 
Miramar.--The Committee is aware that last September the U.S. 
Marshals Service proposed to house criminal aliens at the Naval 
Air Station Miramar. The Committee also understands that due to 
a disturbance at the base resulting from this proposal, the 
Miramar facility is currently not being used by the Marshals 
Service. While the Committee understands that the Marshals 
Service has significant detention requirements in Southern 
California, it does not support the use of funds provided in 
this recommendation to house criminal aliens on this vital 
national security base. The Committee directs the Attorney 
General to seek detention space in locations other than NAS 
Miramar, for its detention needs in Southern California.
    The Committee also recommends bill language which makes 
funding provided under this account no longer available for the 
Cooperative Agreement Program, which is now provided under the 
Violent Offender Incarceration and Truth-in-Sentencing Grants 
program (State Prison Grant program).

                     Fees And Expenses Of Witnesses

    The Committee recommends $100,702,000 for Fees and Expenses 
of Witnesses for fiscal year 1997, an increase of $15,702,000 
over the current year appropriation and $2,000,000 less than 
the budget request. The amount recommended is the full budget 
estimate for the mandatory portion of this program, which 
provides for fees and expenses of witnesses who appear on 
behalf of the Government in cases in which the United States is 
a party, including fact and expert witnesses, mental competency 
examinations, and witness/informant protection.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows: 
(1) up to $4,750,000 for protected witness safesites; (2) up to 
$1,000,000 for the purchase and maintenance of armored vehicles 
for prisoner transportation; and (3) up to $4,000,000 available 
for the purchase, installation and maintenance of a secure 
automated information system.

           Salaries And Expenses, Community Relations Service

    The Committee recommends $5,319,000 for the Community 
Relations Service for fiscal year 1997. This amount is the same 
level as the current year appropriation, and is $183,000 below 
the request.
    The Community Relations Service (CRS) was established by 
Title X of the Civil Rights Act of 1964 to provide assistance 
to communities in resolving disagreements arising from 
discriminatory practices. The function of resettlement of Cuban 
and Haitian entrants, which was previously performed by CRS was 
transferred to the Immigration and Naturalization Service in 
fiscal year 1996. In addition, the transitional care of Mariel 
Cubans paroled from detention was funded from this account in 
previous years, but was transferred to the Federal Prison 
System, Salaries and Expenses appropriation in fiscal year 
1995.
    The Committee also recommends bill language, identical to 
that included in fiscal year 1996, which allows the Attorney 
General to provide additional resources for CRS, through a 
transfer of funds from other Department of Justice programs 
under section 605 of this Act, if emergent circumstances, such 
as the church burnings in the South, exist.

                         Assets Forfeiture Fund

    The Committee recommends $30,000,000 for the Assets 
Forfeiture Fund for fiscal year 1997, which is the full amount 
requested and the same level as provided in the current year 
appropriation.
    This account provides funds for additional investigative 
expenses of the FBI, DEA, INS and U.S. Marshals, such as awards 
for information, purchase of evidence, equipping of conveyances 
and investigative expenses leading to seizure. Funds for these 
activities are provided from receipts in the Assets Forfeiture 
Fund resulting from the forfeiture of assets. Expenses related 
to the management and disposal of assets are also provided from 
these receipts in the Assets Forfeiture Fund by a permanent 
indefinite appropriation.

                    Radiation Exposure Compensation

                        Administrative Expenses

    The Committee recommends $2,000,000 for fiscal year 1997, 
the full amount requested, and $655,000 below the current year 
appropriation, for expenses of the Civil Division necessary to 
handle claims and litigation arising from the Radiation 
Exposure Compensation Act. This program was established to 
permit the payment of claims to individuals exposed to 
radiation as a result of atmospheric nuclear tests and uranium 
mining in accordance with the Radiation Exposure Compensation 
Act of 1990.

          Payment to the Radiation Exposure Compensation Fund

    The Committee recommendation includes $30,000,000 for 
payments to approved claimants under the Radiation Exposure 
Compensation Act of 1990, to be provided from a $16,264,000 
advance appropriation for fiscal year 1997 and $13,736,000 in 
resources that will be available on September 30, 1997. This 
amount is the full amount requested and $30,000,000 above 
amounts provided for fiscal year 1996.

                      Interagency Law Enforcement

                 Interagency Crime and Drug Enforcement

    The Committee recommends $372,017,000 for Interagency Crime 
and Drug Enforcement for fiscal year 1997. This amount is the 
full amount requested and is $12,587,000 above the current year 
appropriation.
    The Interagency Crime and Drug Enforcement program, through 
its 13 regional Task Forces, utilizes the combined resources 
and expertise of 11 member Federal agencies, in cooperation 
with State and local investigators and prosecutors, to target 
and destroy major narcotics trafficking and money laundering 
organizations.
    Reorganization.--The Committee is aware of the Department's 
ongoing review of the Interagency Crime and Drug Enforcement 
Task Force program to better address the changing drug 
trafficking patterns and the changing organized drug 
enterprises operating in the United States. Central to this 
review should be an effort to streamline the task force program 
to ensure the most efficient, coordinated, and concentrated 
approach to fighting drugs within our communities. The 
Committee believes that the success of these task forces is 
dependent on the targeting of major drug trafficking 
organizations that operate across district lines, and a 
comprehensive strategy to coordinate intelligence information 
and strengthen intra- and inter-district communications. The 
Committee understands that the Department's ongoing review 
contemplates the formation of regional ``advisory councils'' of 
U.S. Attorneys and agency leadership and a reconfiguration of 
the task force regions to better reflect present-day drug 
trafficking patterns. The Committee directs the Attorney 
General to provide a plan setting forth the details of the 
reorganization of the Interagency Crime and Drug Enforcement 
Task Force program no later than November 15, 1996.
    The Committee recommends bill language, similar to that 
included in previous appropriations acts, which: (1) allows for 
intergovernmental agreements with State and local law 
enforcement agencies; (2) makes $50,000,000 available until 
expended; (3) allows funds to be used under existing 
authorities available to participating organizations; and (4) 
allows the Attorney General to reallocate unobligated balances 
among participating organizations.
    The recommendation provides funds to the following 
agencies:

                        REIMBURSEMENTS BY AGENCY                        
------------------------------------------------------------------------
                                                       FTE       $(000) 
------------------------------------------------------------------------
DEA...............................................        987     96,943
FBI...............................................        981    106,623
INS...............................................        102     10,401
Marshals..........................................         13      1,398
Customs...........................................        284     27,613
BATF..............................................         96     10,119
IRS...............................................        361     36,582
Coast Guard.......................................  .........        625
U.S. Attorneys....................................        847     78,197
Criminal Division.................................          6        742
Tax Division......................................         12      1,267
Administrative Ofc................................         12      1,507
                                                   ---------------------
      Total.......................................      3,701    372,017
------------------------------------------------------------------------

                    Federal Bureau of Investigation

                         Salaries And Expenses

    The Committee recommends $2,681,706,000 for the Federal 
Bureau of Investigation (FBI) for fiscal year 1997, which 
includes $153,000,000 from the Violent Crime Reduction Trust 
Fund. This amount is the full amount requested, except for the 
request for telephone carrier compliance, which is addressed 
separately, and $255,122,000 above the appropriation for the 
current year.
    The Committee recommendation provides for proposed 
adjustments to base, including the cost of the 1997 pay raise. 
Included in this amount is $94,575,000 to fully annualize and 
sustain 1,559 positions provided in the 1995 appropriation, the 
1995 supplemental and the 1996 appropriation. The Committee 
expects that all of these positions will be on-board by the end 
of the current fiscal year.
    The Committee remains concerned that although significant 
increases have been provided over the last two years to the FBI 
to maintain agent and support staff at peak 1992 levels and to 
enhance the FBI's staffing and capability to address terrorism, 
the FBI has not hired all of this personnel and as a result has 
had significant unobligated balances at the end of the fiscal 
year. The Committee understands that the FBI has increased its 
agent hiring effort and plans to have the full authorized agent 
strength on-board at the end of this fiscal year. However, the 
Committee also understands that the FBI is still significantly 
behind in the hiring of over 400 support staff provided in the 
1995 supplemental for terrorism activities after the Oklahoma 
bombing and is still behind in the hiring of over 1,000 support 
staff provided in the fiscal year 1995 appropriation. The 
Committee finds this underutilization of resources, especially 
in light of budget contraints, unacceptable. The FBI has 
justified to Congress the need for these additional personnel 
and the Congress has responded with the appropriate level of 
resources. The FBI should take whatever management actions are 
necessary to ensure that this staff is hired and these 
resources are being used for the purposes for which they were 
requested.
    Violent Crime and Anti-Drug Initiative.--The Committee 
recommendation includes a significant increase for the FBI 
targeted at the highest crime priority--combating violent crime 
and drugs. The following program increases are provided to 
build the FBI's capacity to directly fight the war on crime and 
provide vital assistance to State and local law enforcement 
officers:
          +$14,289,000 and 137 positions (including 75 agents) 
        to support a joint FBI/DEA investigative initiative 
        targeting the four most significant Mexican Drug 
        Trafficking Organizations and to address white-collar 
        crime, public corruption, and violent crime resulting 
        from the drug trade on the border;
          +$5,734,000 and 176 positions, double the amount 
        requested, to expand and support FBI's Safe Streets 
        Task forces which focus on street gangs and drug-
        related violence;
          +$10,454,000 for continuation of the NCIC 2000 
        project, including enhancements which will add a 
        Deported Felon file and a Protective Order file to this 
        system;
          +$20,240,000 for the establishment of the National 
        Instant Criminal Background Check system for handgun 
        purchases;
          +$4,000,000 for State and local training and 
        investigative assistance;
          +$5,000,000 for investigative case support funds;
          +$8,334,000 to replace agent vehicles;
          +$5,725,000 for wireless radio communications to 
        provide Federal and State and local law enforcement and 
        public safety officials the capability to communicate 
        with each other using different radio frequencies; and
          +$1,500,000 for Federal law enforcement task forces 
        to address telemarketing fraud directed toward senior 
        citizens.
    Implementation of the Anti-Terrorism and Effective Death 
Penalty Act.--The recommendation provides $100,463,000, 
including $55,676,000 provided under the construction account, 
for authorized purposes in the Anti-Terrorism and Effective 
Death Penalty Act of 1996. Included in this amount is:
          +$18,276,000 and 231 positions (including 108 agents) 
        for counterterrorism activities;
          +$11,511,000 to support 68 field electronic 
        technicians to provide necessary technical support to 
        investigative and counterterrorism operations;
          +$9,500,000 for grants to States to establish, 
        develop, update, or upgrade computerized identification 
        systems that are compatible with NCIC; DNA forensic 
        laboratories; and automated fingerprint identification 
        systems that are compatible with IAFIS; and
          +$5,500,000 for FBI's Combined DNA Identification 
        System (CODIS), to establish standards to facilitate 
        law enforcement exchange of DNA identification 
        information.
    International Program.--The Committee recommends $1,172,000 
and 8 positions (including 4 agents) to add FBI agents in 
Riyadh, Saudi Arabia; Kiev, Ukraine; Tallinn, Estonia; and 
Warsaw, Poland. In addition, $4,000,000 is provided to support 
FBI activities in Saudi Arabia related to its investigation of 
the bombing in Dhahran.
    Freedom of Information and Privacy Act backlogs.--The 
Committee is aware that the FBI is approximately four years 
behind in responding to requests under the Freedom of 
Information and Privacy Act and that its current backlog of 
15,000 requests represents in excess of 2,500,000 pages of 
material for processing under FOIPA, including requests from 
individuals for their own files. The budget request includes 
129 positions and $3,327,000 to address this backlog. The 
Committee recommendation includes $13,968,000 for 350 positions 
and automation upgrades, four times the request, in order to 
clear the backlog entirely within the next three years and to 
process requests from individuals on their own files on a more 
timely basis. The Committee expects the FBI to give priority to 
processing requests of individuals whose files were obtained by 
the White House without authorization by the individuals 
affected.
    Grants to States for Identification Systems and DNA 
laboratories.--The Committee is aware of a number of automation 
and forensic projects which will enhance State and local law 
enforcement. Within the overall amounts recommended for State 
grants, the Committee expects the FBI to examine each of the 
following proposals, to provide grants if warranted, and to 
submit a report to the Committee on its intentions for each 
proposal: The North Carolina Criminal Justice Information 
Network Magistrate Project, which would establish a statewide 
magistrate system, allowing for immediate capture of wanted 
information which would be linked electronically to NCIC and 
the courts criminal information system; and the North Carolina 
Criminal Justice Information Mobile Data Network.
    NCIC Access to Consular Officers.--The Committee is 
concerned that there is no on-line system in place to check 
criminal records on non-immigrant visa applicants. The 
Committee believes that access to this information is critical 
to ensure that aliens with criminal records or who are subject 
to warrants of arrest, are denied visas to the United States. 
The Committee directs the Director of the FBI and the Secretary 
of State to prepare a joint report by February 1, 1997, which 
provides a plan to ensure that the Consular Offices will have 
access to information currently available to the FBI in order 
to exclude criminal aliens from entering the United States.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows: 
(1) for purchase of passenger vehicles without regard to 
general purchase price limitations, and the acquisition and 
operation of aircraft; (2) up to $70,000 for unforeseen 
emergencies; (3) up to $50,000,000 for ADP, telecommunications 
and technical equipment, and up to $1,000,000 for undercover 
operations to remain available until September 30, 1998; (4) 
not less than $117,081,000 for counterterrorism investigations, 
foreign counterintelligence, and national security activities; 
(5) up to $98,400,000 to remain available until expended; (6) 
up to $10,000,000 to reimburse State and local police for 
assistance related to violent crime, terrorism and drug 
investigations; (7) $1,500,000 for an IAFIS program office; and 
(8) up to $45,000 for official reception and representation 
expenses.
    In addition, bill language which specified the amount for 
the Fingerprint Identification System is no longer included. 
However, the Committee expects that of the resources provided 
that remain available until expended, $84,400,000 will be used 
for expenses related to automation of fingerprint 
identification services. Any change to this amount requires 
notification to the Committee pursuant to reprogramming 
requirements outlined in section 605.

                 Telecommunications Carrier Compliance

    The Committee recommendation does not include a direct 
appropriation for the Telecommunications Carrier Compliance 
program. Funding was not provided for this program in fiscal 
year 1996 and the budget included a request for $100,000,000 to 
reimburse equipment manufacturers and telecommunications 
carriers and providers of telecommunications support services 
for implementation of the Communications Assistance for Law 
Enforcement Act of 1994 (CALEA).
    CALEA authorizes appropriations of $500,000,000 for the 
Attorney General to pay telecommunications carriers for costs 
directly associated with modifying their equipment, services 
and facilities to allow law enforcement to perform court-
authorized wiretaps. Many technical advances in 
telecommunications systems such as switch-based call 
forwarding, voice and speed dialing, fiber optic transmission 
lines and wireless signals, have posed enormous challenges to 
the ability of Federal and local law enforcement to conduct 
wiretaps. The majority of court-authorized wiretaps taking 
place in the United States today are conducted in drug cases. 
However, advanced telecommunications technologies are also 
creating problems for the FBI and national security agencies in 
their conduct of foreign counterintelligence and terrorism 
investigations in the United States.
    The Committee supports the implementation of CALEA, which 
attempts to respond to the need to assure that 
telecommunications systems are accessible to duly-authorized 
law enforcement wiretaps. The law established the 
telecommunications carriers' responsibilities to assist law 
enforcement agencies in the lawful interception of 
communications and the collection of call-identifying 
information. The law also requires the law enforcement 
community to provide to carriers a listing of its capacity and 
access requirements so that carriers can develop future systems 
that are accessible. Finally, CALEA established a process to 
reimburse carriers for the cost of modifying existing systems 
to provide for law enforcement access.
    The Committee recommendation includes, under section 110, 
the establishment of a Telecommunications Carrier Compliance 
Fund, that would authorize law enforcement or intelligence 
community agencies to transfer unobligated balances that are 
available until expended, into this Fund, subject to applicable 
reprogramming requirements, for the purpose of providing 
reimbursement to telecommunications carriers, in lieu of direct 
appropriations for this purpose.
    However, the Committee recognizes that there is no agreed 
upon plan between the telecommunications industry, equipment 
manufacturers and the law enforcement community on the overall 
requirements and the cost of implementing this Act. Therefore, 
the Committee recommendation includes language that prohibits 
expenditure of any funds for this purpose until an 
implementation plan has been submitted and approved by the 
Committees on Appropriations and the Judiciary of both the 
House and Senate. The Committee directs the Attorney General to 
address the following outstanding issues in this plan:
          1. Law enforcement assistance capability features 
        including an explanation of how proposed interface and 
        assistance capability requirements exceed or differ 
        from the law enforcement assistance currently provided 
        by carriers;
          2. The actual and maximum number of simultaneous 
        surveillances/intercepts that law enforcement agencies 
        expect to perform (capacity requirements), as well as 
        the ``historical baseline electronc surveillance 
        activity'' on which the proposed capacity requirements 
        are based;
          3. A detailed county by county listing of proposed 
        actual and maximum capacity requirements;
          4. The proposed network switch and other assistance 
        capability features requested by law enforcement that 
        would be required to be installed by telecommunications 
        carriers;
          5. A complete estimate of the full costs of 
        development and deployment of the assistance capability 
        features, the full costs of the proposed actual and 
        maximum capacities requested by law enforcement, the 
        full cost of training telecommunications carrier 
        personnel in the use of such capabilities and 
        capacities, and to what extent funding of $500,000,000 
        will be sufficient to fully reimburse 
        telecommunications carriers for the reasonable cost of 
        compliance with CALEA; and
          6. A complete estimate of the full and reasonable 
        costs associated with modification to be performed by 
        telecommunications carriers of their network equipment 
        and facilities installed or deployed after January 1, 
        1995, which are not proposed for reimbursement.
    The Committee recommendation also includes a requirement 
for an annual report to be submitted to Congress by the 
Attorney General, which details all deposits and expenditures 
from the Telecommunications Carrier Compliance Fund made 
pursuant to CALEA.

                              construction

    The Committee recommendation includes $55,676,000 for FBI 
construction, which is the full amount requested. This funding 
is provided for continued construction of a new FBI forensic 
laboratory. In 1996, $57,089,000 was provided for architectural 
design, site planning and the first phase of construction of a 
new FBI laboratory facility to replace the existing facility at 
the FBI Headquarters and address health and safety concerns. 
The Committee understands that the total cost of this new 
facility will be $150,000,000 and it will be located at the FBI 
complex in Quantico.

                    Drug Enforcement Administration

                         salaries and expenses

    The Committee recommends total budget authority of 
$1,028,862,000 for the Drug Enforcement Administration (DEA) 
for fiscal year 1997, of which $52,824,000 is derived from the 
Diversion Control Fund, and $243,000,000 is derived from the 
Violent Crime Reduction Trust Fund, including $71,000,000 from 
Community Oriented Policing Services for expenses of State and 
local police officers associated with drug task forces. This 
amount is $172,547,000 over fiscal year 1996 and $20,000,000 
more than requested by the Administration.
    Underutilization of Resources over the Past Two Years.--The 
Committee is concerned that the growing problem of drugs in the 
United States over the past two years has been exacerbated by 
the underutilization of resources provided to DEA. In response 
to the drug crisis, in both 1995 and 1996, the Congress 
provided resources above the amount requested by the 
Administration for the DEA. In 1995, Congress provided over 300 
additional DEA agents to restore staffing to peak levels in 
1992. At the end of 1995, only 70 additional agents had been 
hired. The Committee is aware that as of May 25, 1996, DEA was 
still 161 agents below its authorized level. The Committee 
finds this underutilization of resources unacceptable when the 
country is faced with escalating juvenile drug use and drug-
related crime. The Committee expects DEA to make the hiring of 
these critically-needed agents and support personnel its top 
priority.
    The Committee is aware of, and deeply concerned about, the 
alarming increase in drug use by teenagers and the increasing 
availability of drugs in the United States. Data on supply 
levels indicate record low prices and record high purities for 
heroin, cocaine, and marijuana, record emergency room 
admissions for drug-related incidents, and an increase in 
juvenile drug use by 150 percent since 1992, reversing a 
decade-long downtrend. Furthermore, the U.S./Mexico border 
continues to be the most open avenue for drug smuggling. In 
response, the Committee has included $20,000,000 above the 
amount requested, for a renewed counternarcotics attack and 
focuses these resources on effective cocaine and heroin supply-
reduction efforts, the growth in methamphetamine production and 
trafficking, interdiction on the Southwest border, and 
investigation of major drug trafficking organizations. 
Specifically, the recommended level provides for full 
adjustments to base for pay and inflation and includes the 
following increases:
    Source Country/International Strategy.--The Committee 
recognizes that supply reduction directly affects drug 
availability, street price, purity levels and drug use by 
youths. This was evidenced by the precipitous decline in 
cocaine use during the supply reduction effort between 1985 and 
1992--as price and purity fell, the number of cocaine users in 
the United States fell from 5.5 million to 1.3 million, and 
juvenile use continued to recede from the high levels of use in 
the late 1970s. Notably, when interdiction and source country 
programs declined in 1993, street prices fell by several 
magnitudes, purities rose markedly, from roughly 10 percent to 
50 percent purity for heroin, drug-related medical emergencies 
soared, and youth drug use significantly increased. Teen drug 
use increased by over 50 percent in two years, from 2.4 million 
teen users in 1992 to 3.8 million teen users in 1994. The 
correlation between effective interdiction and source country 
programs, and youth drug use, is addressed in the Committee's 
recommendation which includes $75,848,000 and 75 agents for a 
new initiative, not requested by the Administration, to restore 
successful source country drug control efforts to 1992 levels 
including:
          +$21,000,000 to support Vetted Units in Peru, 
        Colombia, Bolivia and Mexico, to maximize the use of 
        United States human and signal intelligence;
          +$5,000,000 for DEA enforcement personnel to support 
        Operation Gateway, a coordinated effort to reduce air 
        and marine smuggling throughout the Caribbean;
          +$27,858,000 and 75 agents to increase on-site DEA 
        agents in source countries and provide equipment and 
        support to augment the intelligence effort, and to 
        train and work with newly emerging vetted units. Of the 
        amount provided, 15 agents are to be assigned to each 
        of the following Latin American source countries--Peru, 
        Colombia, and Bolivia, 20 agents are to be assigned to 
        Mexico, and the remaining 10 agents should be assigned 
        to Brazil, Panama, the Bahamas, Burma, Thailand, and 
        the Commonwealth of Independent States.
          +$2,000,000 for DEA human intelligence, 
        communications equipment and maintenance costs for the 
        Peru riverine strategy; and
          +$20,000,000 to restart the Andean cocaine initiative 
        in Bolivia and Peru.
    In addition, the Committee recommendation includes $632,000 
and 2 agents, as requested, to establish a country office in 
Pretoria, South Africa to combat heroin trafficking.
    Southwest Border Initiative.--The Committee is aware that 
nearly 70 percent of all drugs that enter the United States 
enter across the 2,000 mile border with Mexico. The Committee 
recommendation includes $24,858,000 and 54 agents, the full 
amount requested, to support counter-drug efforts on the 
Southwest border including:
          +$10,000,000 for a cooperative effort with the FBI to 
        penetrate command and control communications of the 
        Mexican drug trafficking organizations through 
        extensive use of Title III wire intercepts;
          +$4,333,000 and 14 positions to support a classified 
        intelligence research project;
          +$8,131,000 and 50 agents for investigations from 
        Title III wire intercepts; and
          +$2,394,000 and 4 agents and 15 diversion 
        investigators to focus on methamphetamine activity on 
        the Southwest border.
    Domestic Strategy.--The Committee recommendation also 
includes an increase of $18,115,000 and 60 agents targeted at 
the impact of drugs and drug-related violence in communities 
and schools. Juvenile violence and the emergence of violent 
gangs has flourished along with the proliferation of drugs. In 
1994, juveniles accounted for one out of five of all violent 
crimes. Drug use among teenagers is undeniably contributing to 
this violence. Marijuana use by 14 and 15 year olds has 
increased by 200 percent from 1992 to 1994 giving way to an 
alarming fact that today one out of three high school seniors 
smokes marijuana. Additional resources will support domestic 
counter-drug activities, including critically needed support to 
State and local law enforcement, who are on the front lines of 
the fight against drug and gang-related violence.
    Of the total resources provided from the Violent Crime 
Reduction Trust Fund, $134,500,000 (including $71,000,000 from 
the Community Policing Services Program), is provided to 
support State and local participation on 89 DEA State and Local 
Task Forces, to expand DEA Mobile Enforcement Teams, to support 
marijuana eradication activities and to replace aging vehicles 
and aircraft. Resources are provided for the following 
increases:
          +$5,900,000 to add 60 more special agents to 20 DEA 
        domestic field offices to support Mobile Enforcement 
        Teams designed to respond to local law enforcement 
        requests to assist in penetrating violent gangs and 
        local trafficking organizations;
          +$6,715,000 for replacement vehicles;
          +$3,500,000 for marijuana eradication activities;
          +$2,000,000 for aircraft replacement; and
          +$3,874,000 for investigative equipment.
    Drug Diversion Control Fee Account.--The recommendation 
includes $52,824,000 for DEA's Drug Diversion Control Program 
for fiscal year 1997, the full amount requested, and $4,329,000 
above the amount provided in 1996. The Drug Diversion Control 
Program is responsible for controlling the diversion, 
distribution, manufacture and abuse of legitimate 
pharmaceuticals. DEA annually registers in excess of 900,000 
drug handlers, of which over 1,670 are manufacturers, 
distributors, importers, exporters, and others handling large 
volumes of controlled substances. These registrants pay fees 
which fully support the cost of this program.
    Methamphetamine Strategy.--The Committee is aware that the 
production, trafficking, and usage of methamphetamine, an 
extremely destructive and addictive synthetic drug, is a 
growing national problem. Methamphetamine is a powerful central 
nervous system stimulant that both law enforcement officers and 
members of the medical treatment community say is often 
responsible for violent and erratic behavior, putting law 
enforcement and communities at risk. Available data has shown 
that methamphetamine abuse has risen significantly in the West 
and Southwest, is threatening the Midwest and has begun to 
spread eastward. Despite some successes in the seizure of 
clandestine drug laboratories, limited State and Federal law 
enforcement resources, coupled with the complexity of 
clandestine laboratory enforcement investigation and cleanup 
processes, have made the fight against illicit methamphetamine 
manufacturing difficult.
    The Committee supports State and local law enforcement in 
their efforts to eradicate illicit methamphetamine production 
and encourages the greatest degree of cooperation between 
Federal law enforcement agencies, such as DEA, and State and 
local law enforcement agencies. The Committee also supports the 
establishment of more stringent chemical controls over 
precursor chemicals used to manufacture methamphetamine. The 
Committee also encourages Federal law enforcement agencies to 
work in a coordinated fashion to attack the international 
cartels predominant in methamphetamine trafficking and the 
importation of chemicals used to manufacture methamphetamine in 
the United States.
    Operation Alliance.--The Committee's recommendation 
includes the full level of resources provided in the current 
year that is dedicated to Operation Alliance. This operation is 
a multi-agency entity whose primary mission is to facilitate 
and improve the coordination of the drug-related law 
enforcement organizations operating in the Southwest Border 
area of the United States. The Committee supports the continued 
program levels for Operation Alliance.
    El Paso Intelligence Center.--The Committee encourages the 
Drug Enforcement Administration (DEA) to allocate adequate 
resources to the El Paso Intelligence Center (EPIC) from the 
funds provided within this bill and report for the DEA's budget 
for Salaries and Expenses.
    Report on Targeted Kingpin Organizations and Special 
Enforcement Operations.--The Committee is aware of the decision 
undertaken by the DEA to reorient its domestic enforcement 
strategy away from the previous drug-specific design, which 
focused on Targeted Kingpin Organizations, to a multi-drug 
concept where drug activity is monitored by geographic region 
through the establishment of Geo-desks at DEA Headquarters. 
Using the Geo-desk concept, the Special Agents in Charge have 
been given the authority to initiate and direct drug 
investigations pertinent to their specific drug issues in their 
specific field locations.
    The Committee is supportive of DEA utilization of this 
multi-drug concept in its domestic enforcement activities. 
However, the Committee remains concerned with the deployment of 
DEA resources, particularly in the international arena. 
Therefore, the Committee directs the DEA to submit a quarterly 
report, beginning with the first quarter of fiscal year 1997, 
that provides investigative workhours and funding, by type, 
within major drug source and transit countries, delineated by 
country and function. The Committee expects the first report to 
be submitted no later than January 15, 1997.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows: 
(1) up to $70,000 for unforeseen emergencies; (2) for expenses 
for drug education and training; (3) purchase of passenger 
vehicles without regard to general purchase price limitations, 
and acquisition and operation of aircraft; (4) up to $1,800,000 
for research and up to $15,000,000 for transfer to the Drug 
Diversion Control Fee Account to remain available until 
expended; (5) up to $4,000,000 for evidence and information, up 
to $4,000,000 for ADP and telecommunications, and up to 
$2,000,000 for laboratory equipment, $4,000,000 for technical 
equipment and $2,000,000 for aircraft replacement parts to 
remain available until September 30, 1998; and (6) up to 
$50,000 for official reception and representation expenses.

                 Immigration and Naturalization Service

                         Salaries And Expenses

    The Committee recommends total new budget (obligational) 
authority of $3,096,908,000 for the Immigration and 
Naturalization Service for fiscal year 1997. This is an 
increase of $542,760,000 over the current fiscal year, and 
$30,000,000 over the budget request. Of the total amount 
recommended, $500,168,000 will be derived from the Violent 
Crime Reduction Trust Fund and $919,285,000 will be derived 
from offsetting fee collections.
    Enforcing Our Immigration Laws.--Recognizing the need for 
stronger enforcement against illegal immigration, the Congress 
has increased funding for INS by over 74 percent since 1993. In 
fiscal year 1996, the Congress provided the largest increase 
ever provided to the INS--$558 million, or a 27 percent 
increase. The Committee recommendation for 1997 again includes 
a substantial increase of $542,760,000, including $443,401,000 
in increases from direct appropriations and the Violent Crime 
Reduction Trust Fund, focused on controlling the border and 
removing illegal aliens from the United States. In fiscal year 
1996, additional resources were provided for over 3,000 new INS 
personnel, including 1,400 more personnel on the front lines of 
the border, and 1,500 more investigations and detention and 
deportation personnel to locate, apprehend and remove illegal 
aliens from the United States. The recommendation for fiscal 
year 1997 will build on the resources provided last year by 
adding over 1,300 more personnel to the border, including 1,100 
new border patrol agents, and a concentrated effort to remove 
illegal aliens from the United States by expanding detention 
space and deportation efforts.
    Detention and Removal of Deportable Aliens.--The Committee 
is concerned that despite increased resources and efforts by 
INS to locate and apprehend illegal aliens residing in the 
United States, the illegal alien population continues to grow. 
The Committee believes that efforts to locate and apprehend 
aliens are being undermined by a lack of detention resources 
that are critical to INS's ability to remove illegal aliens 
from the United States. The Committee is concerned that the 
Administration's immigration initiative does not concentrate 
sufficient resources on detaining illegal aliens that have been 
apprehended and/or issued orders for deportation, to ensure 
their removal. A report issued in March 1996 by the Department 
of Justice Office of Inspector General found that only 11 
percent of illegal aliens who are ordered deported by INS, who 
are not detained, are actually removed from the United States.
    The Committee recommendation, therefore, places greater 
emphasis on providing adequate detention resources than does 
the Administration. The recommendation includes an increase of 
$114,322,000, 274 positions and 137 FTE, of which $33,306,000 
is from the Violent Crime Reduction Trust Fund. This amount is 
$78,382,000 above the Administration's request for detention 
and removal of deportable aliens, and includes:
          +$97,322,000 and 204 Detention personnel to increase 
        detention capacity by 2,700 beds, 2,000 more beds than 
        requested, to ensure the removal of deportable aliens 
        and address increased detention requirements resulting 
        from the Anti-Terrorism Act;
          +$10,000,000 and 70 investigative and deportation 
        personnel to expand the local jail initiative to assist 
        local authorities in reducing jail overcrowding, 
        reducing overloaded dockets, and removing deportable 
        aliens;
          +$4,000,000 for the Port Court initiative; and
          +$3,000,000 for enhancement of the Justice Prisoner 
        Alien Transportation System.
    Report on Removals of Criminal and Non-Criminal Aliens.--
The Committee is aware that INS has revised its estimate for 
removals of criminal aliens during fiscal year 1996 from 
110,000 to 62,000. While this level still reflects an increase 
in removals over the 50,000 removals accomplished in 1995, the 
Committee was led to believe that when it provided $129,000,000 
in additional resources in fiscal year 1996 to detain and 
deport criminal and illegal aliens, removals of aliens who are 
illegally residing in the United States would significantly 
increase. The Committee expects that with the additional 
resources included in the recommendation, INS should exceed its 
estimate of 93,000 removals for fiscal year 1997. The Committee 
directs INS to submit a quarterly report on removals beginning 
no later than January 1, 1997, that outlines the number of 
removals in the following categories: criminal aliens removed; 
non-criminal aliens removed; Port Court removals; and the 
number of outstanding final orders of deportation or exclusion.
    Hiring of Border Patrol Agents.--Last year the Attorney 
General informed the Committee that INS was behind in the 
hiring of border patrol agents provided in fiscal year 1995. As 
a result, the Department, INS and the Committee worked together 
to develop a training and hiring plan for the border patrol in 
fiscal year 1996 that would ensure adequate training and 
monitoring systems to attain the hiring goals for the border 
patrol. The Committee understands that INS is on target with 
the hiring of new border patrol agents this fiscal year and 
commends INS and the Department for the high priority and 
management attention it has given to this issue.
    Border Control.--A total increase of 1,110 positions, 550 
FTE and $176,459,000, of which $43,702,000 is from the Violent 
Crime Reduction Trust Fund, is recommended to enhance border 
control, including:
          +$132,426,000 for 1,100 new border patrol agents and 
        136 support personnel, instead of 700 new agents as 
        requested by the Administration;
          +$19,490,000 for border automation systems, infrared 
        scopes, low light television systems, sensors and the 
        replacement of three helicopters, including upgraded 
        forward looking infrared systems;
          +$12,300,000 for 150 new land border inspectors for 
        the Southern border;
          +$1,000,000 to pilot an automated arrival/departure 
        system for pedestrian crossers;
          +$5,000,000 for anti-smuggling and field intelligence 
        activities both domestic and overseas;
          +$5,000,000 for expansion of the interior 
        repatriation program started in San Diego this fiscal 
        year; and
          +$1,243,000 for management support of border 
        enforcement activities.
    The Committee is aware of technology advances that are 
currently available that would enhance border control 
activities. Within the overall amount recommended for border 
automation and technology, the Committee expects the INS to 
examine the use of Smart Multisensor Acquisition and Remote 
Transmitting System (SMARTS) technology, a network of sensor 
packages and communication repeaters that can monitor large, 
sparsely populated regions of the U.S./Mexico border, thermal 
imaging sensor upgrades for Border Patrol helicopters, and a 
prototype program such as the Interagency Drug and Immigration 
Enforcement and Trade facilitation program for the Otay Mesa 
Port of Entry.
    Infrastructure.--The Committee recommendation also includes 
$50,583,000, of which $30,250,000 is from the Violent Crime 
Reduction Trust Fund, for infrastructure improvements, 
including:
          +$16,250,000 for replacement of obsolete radios, 
        weapons and body armor;
          +$14,000,000 for replacement of vehicles and buses;
          +$15,253,000 for 104 additional field administrative 
        and contract support personnel, 7 internal audit 
        positions, and training for new automated systems; and
          +$5,380,000 for training to support long-range career 
        development of journeymen employees.

Offsetting Fee Collections

    The Committee recommends a total of $919,285,000 in 
offsetting fee collections, an increase of $99,359,000 over the 
current year, to support activities related to the legal 
admission of persons into the United States. These activities 
are supported entirely by fees paid by persons who are either 
traveling internationally or applying for immigration benefits. 
The following increases are recommended:
    Inspections User Fees.--An anticipated increase of 
$32,477,000 in revenues from persons paying fees on 
international flights or sea travel will support the following 
inspections activities:
          +$12,171,000 for pay and inflation base adjustments;
          +$12,649,000 and 153 positions for airport 
        inspections staffing for increased border control and 
        facilitation;
          +$2,479,000 and 30 positions to staff two new 
        airports in Hawaii;
          +$2,492,000 and 15 positions for a pre-inspection 
        program in Ottawa, Canada; and
          +$2,601,000 to continue automation efforts at 
        airports, including automation of the arrival/departure 
        I-94 document to facilitate the pilot of a system of 
        exit controls.
    Immigration Examinations Fees.--The Committee 
recommendation includes $511,061,000 of spending from 
offsetting collections from persons applying for immigration 
benefits, including the following program increases:
          +$3,597,000 to continue temporary staffing in Miami, 
        New York, Chicago, Los Angeles and San Francisco to 
        handle naturalization caseload;
          +$2,246,000 to continue temporary staffing in Miami, 
        Newark, New York, Los Angeles and San Francisco to 
        handle adjustment of status case processing;
          +$3,600,000 for FBI fingerprint checks;
          +$2,217,000 to fund court costs for naturalization 
        ceremonies;
          +$6,591,000 to support the Service Center Direct Mail 
        Records contract; and
          +$4,819,000 to continue the pilot records contract 
        currently ongoing in the Miami, Los Angeles, and 
        Chicago District offices.
    Land Border Inspections Fees.--The Committee recommendation 
includes $11,054,000 in spending from the Land Border 
Inspection Fund, an increase of $4,149,000 over the current 
year, to support activities related to land border fee pilot 
projects. The current revenues generated in this account are 
from Dedicated Commuter Lanes in Blaine and Port Roberts, 
Washington, Detroit Tunnel and Ambassador Bridge, Michigan, and 
Otay Mesa, California. The additional resources in 1997 will be 
for five additional Dedicated Commuter Lanes in El Paso, 
Laredo, and Hidalgo, Texas; and Nogales and San Luis, Arizona 
and experimenting with various automation technology to 
facilitate the inspection process. The Committee recommendation 
includes language that extends these pilot projects through 
September 30, 1999. In addition, language is included that 
allows for the implementation of these projects in States on 
the Southern border, including California, but prohibits the 
collection of a universal border crossing fee.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows: 
(1) up to $50,000 to meet unforeseen emergencies and up to 
$5,000 to be used for official reception and representation 
expenses; (2) for the purchase of motor vehicles for police-
type use and for uniforms, without regard to general purchase 
price limitations; (3) for the acquisition and operation of 
aircraft and for immigration-related research; (4) up to 
$400,000 for technology research to be available until 
expended; (5) up to $30,000 to be paid to individual employees 
for overtime; (6) up to $10,000,000 for basic officer training; 
(6) up to $5,000,000 for payments to State and local law 
enforcement agencies engaged in cooperative activities related 
to immigration; and (7) no funds in this Act or any other Act 
to be used for the continued operation of the San Clemente and 
Temecula checkpoints unless the checkpoints are open and 
traffic is being checked on a continuous, 24-hour basis.
    Deployment of Resources.--The Committee expects that INS 
will continue to deploy new border patrol agent and inspector 
positions to the Southwest border and southern coastal states 
to support the greatest areas of illegal traffic. The Committee 
expects this personnel to be assigned to the ``front-lines'' on 
the immediate border and on primary inspection lanes to 
facilitate traffic across the border. The Committee also 
expects INS to review the requirements of States and localities 
in the central and western region of the country in its 
allocation of additional personnel to detain and remove illegal 
aliens especially criminal aliens involved in criminal 
activities such as drug trafficking. Furthermore, the Committee 
expects continued consultation on redeployment initiatives 
started in fiscal year 1996. The Committee directs INS to 
consult with the Appropriations Committees of both the House 
and the Senate before a final allocation of all new positions 
is determined.
    San Clemente Checkpoint Operations.--The 1996 
appropriations language for INS included a requirement that the 
San Clemente checkpoint be open, and traffic checked, on a 
continuous 24-hour basis. The Congress clearly intended, when 
it included this language, that a 24-hour operation meant open 
and fully operational except in severe inclement weather, that 
is, not in a ``pulsing-on and off'' fashion as it is currently 
being operated. The numerous letters received by the Committee 
regarding the continued operation of the checkpoint, all 
expressed the desire to have this facility operating on a 
continuous 24-hour basis, if there is to be a credible second-
line of defense to illegal aliens and drug smugglers that make 
it across the border. The Committee understands that INS is 
continuing to operate this facility in a ``pulsing on and off'' 
manner, thereby undermining the purpose for the checkpoint 
operation and compromising the integrity of our borders. The 
Committee recommendation retains this requirement for a 24-hour 
operation in fiscal year 1997 and prohibits funds from being 
used to operate this checkpoint in an other manner.
    Exit Control Strategy.--The Committee is aware of efforts 
of the Department of State and INS to automate processes and 
electronically share information for the issuance of immigrant 
visas. Furthermore, the Committee understands that the INS and 
State Department are reviewing options for sharing information 
for the issuance of non-immigrant visas. The Committee 
recommendation also includes resources for automation of the I-
94 Arrival/Departure Form. The Committee expects the INS and 
the Department of State to submit a plan and timeline by 
February 1, 1997, that will outline a pilot project to begin no 
later than September 30, 1997, that includes the automated 
issuance of visas through electronic data sharing and the 
automated collection of arrival and departure information.
    INS Management Reforms.--The Committee is aware of a recent 
investigation by the Department of Justice Office of the 
Inspector General regarding deception by INS senior officials 
during the Congressional Task Force on Immigration Reform's 
fact-finding visit to the Miami District in June 1995. The 
Committee commends the Inspector General for its thorough 
analysis of the allegations. The Committee's recommendation 
includes a $1,000,000 transfer from the INS Congressional and 
Public Affairs to the Office of the Inspector General for 
additional oversight and investigation of INS activities.
    Increased Cooperation of Illegal Immigration Enforcement on 
Federal Lands.--The Committee is aware of increasing illegal 
immigration and drug control problems on Federal forest lands 
along the California and Arizona borders, and particularly in 
the Cleveland and Coronado National Forests. The Committee 
urges INS and DEA to work collaboratively with the Forest 
Service and expects that with the increased resources provided 
to both the INS and DEA, additional efforts will be undertaken 
to reduce illegal alien and drug activity on Federal forest 
lands, in order to offset the need for increased resources for 
the Forest Service.

                              construction

    The Committee recommends $9,841,000 for Construction 
projects for the Immigration and Naturalization Service. Of the 
amount recommended, $4,441,000 will provide for removal of 
leaking underground fuel storage tanks at INS-owned facilities, 
$1,100,000 will support health and safety code improvements at 
the Port Isabel Detention facility, and $4,300,000 will provide 
for continuation of the triple fence project, similar to that 
recommended by the Sandia National Laboratories' Systematic 
Analysis of the Southwest border (1993), along the U.S.-Mexico 
border from the Pacific Ocean eastward to Otay Mesa.

                         Federal Prison System

                         salaries and expenses

    The Committee recommends $2,843,040,000 for the Salaries 
and Expenses of the Federal Prison System for fiscal year 1997, 
including $25,224,000 from the Violent Crime Reduction Trust 
Fund for Inmate Drug Treatment programs. This amount is 
$70,000,000 less than the budget request, and is an increase of 
$265,397,000 over total amounts available in the current year.
    The Committee recommendation recognizes the critical 
importance of providing adequate space for the incarceration of 
sentenced and unsentenced Federal prisoners, and the need to 
activate newly constructed prison facilities. The 
recommendation provides for requested adjustments to base, 
including $132,921,000 to annualize 1,843 additional positions 
provided in 1996 for new prison activations.
    Activation of New Prisons.--The Committee understands that 
due to delays in scheduled activations for 1997 as well as 
$40,500,000 in funds that will carryover from fiscal year 1996 
as a result of slippages in activations from facilities that 
were scheduled to open in 1996, the appropriation required for 
the Federal Prison System can be reduced by $70,000,000 without 
affecting requested program levels. The Committee further 
understands that as a result of these slippages, the expansions 
at Carswell AFB, Texas and Morgantown, West Virginia will not 
open in 1997 as originally planned. As a result, the Committee 
recommendation includes $63,061,000 to activate the following 5 
new facilities:
          --Beaumont, Texas--960 bed high security facility;
          --Butner, North Carolina--513 bed medical facility/
        250 bed low security beds;
          --Edgefield, South Carolina--1,152 bed medium 
        security facility with a 512 bed minimum security camp;
          --Seattle, Washington--677 bed detention facility; 
        and
          --Elkton, Ohio--1,536 bed low security facility with 
        a 512 bed minimum security camp.
    In addition, the recommendation includes an increase of 
$11,724,000 in resources from the Violent Crime Reduction Trust 
Fund to add 5 residential drug treatment units, for a total of 
44 programs, to treat between 5,000 and 6,000 inmates with 
substance abuse problems within the Bureau of Prisons.
    Privatization of Federal Prisons.--The Committee 
understands that the Department of Justice has reversed its 
earlier plan to staff and operate pretrial detention, minimum 
and low security Federal prisons with private contracts. The 
Committee recommendation includes funding to support 1,021 
positions and 950 FTE above the level requested in the budget 
to reflect the net impact of the delay in scheduled activations 
and the Federal staffing for prisons that were to be 
privatized.
    Prime Vendor Assistance Program.--The Committee is aware of 
the Bureau of Prison's (BOP) decision to extend the prime 
vendor subsistence pilot program in the Northeast Region until 
April 1997. The Committee understands the BOP will use this 
additional time to evaluate key components of the pilot 
program, such as timely delivery, quality of products, reduced 
inventory requirements, customer satisfaction, and cost savings 
to determine whether the program should be expanded, continued, 
or curtailed. The Committee is concerned with the impact that 
this program has on the local economy and directs the BOP to 
include in its evaluation the cost of excluding local suppliers 
from Federal prison contracts. The Committee further directs 
the BOP to provide to the House Committee on Appropriations, a 
report on the findings of the evaluation of the prime vendor 
subsistence pilot program by no later than June 1, 1997, and 
expects that no expansion or extension of this program beyond 
April 1997 shall occur prior to the Committee's review of the 
BOP's findings.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows: 
(1) for the purchase of motor vehicles for police-type use and 
the purchase of uniforms without regard to the general purchase 
price limitation; (2) for the provision of technical advice to 
foreign governments; (3) for transfer of funds to the Health 
Resources and Services Administration; (4) for the Director to 
enter into contracts to furnish health care; (5) up to $6,000 
for reception and representation expenses; (6) up to 
$50,000,000 for activation of prisons to remain available until 
September 30, 1998; (7) up to $20,000,000 for contract 
confinement expenses for the care and security of Cuban and 
Haitian entrants; (8) the Federal Prison System to enter into 
contracts and other agreements with private entities for a 
multi-year period for the confinement of Federal prisoners; (9) 
the National Institute of Corrections to be included in this 
account and merges balances from prior years to this account. 
In addition, one-time language is deleted, as requested, that 
prohibited the privatization of any Federal Prison facilities 
located in Forrest City, Arkansas and Yazoo City, Mississippi.

                        buildings and facilities

    The Committee recommends a total of $395,700,000 for fiscal 
year 1997 for the construction, modernization, maintenance and 
repair of prison and detention facilities that house Federal 
prisoners. This amount is $60,972,000 above the amount 
appropriated for the current fiscal year and $100,000,000 above 
the request.
    The recommendation provides the full request for base 
adjustments and resources to continue building two new prisons 
per year, as provided in fiscal year 1996. The following 
program changes are included:
          +$197,000,000 for construction of new facilities in 
        California and the Mid-Atlantic Region;
          +$50,147,000 for a detention facility in Hawaii; and
          +$34,270,000 for construction of additional holding 
        cells for use by the U.S. Marshals Service.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows: 
(1) for planning, acquisition of sites, and construction of 
facilities; (2) for leasing a facility in Oklahoma City; (3) 
for acquisition, remodeling, and equipping facilities by 
contract or force account; (4) up to $14,074,000 to construct 
inmate work areas; (5) for use of prisoner labor; (6) up to 10 
percent of this appropriation to be transferred to the Salaries 
and Expenses account; and (7) for up to $36,570,000 for 
renovation and construction of Marshals Service prisoner 
holding facilities.
    In selecting future sites for prison facilities, the 
Committee believes that the Bureau of Prisons should consider 
the desires of local communities that have expressed an 
interest in serving as the home of a prison and locations where 
supporting infrastructure is already in place due to the 
presence of other institutions which would likely result in 
cost savings to the Bureau.

                Federal Prison Industries, Incorporated

                (limitation on administrative expenses)

    The Committee recommends a limitation on administrative 
expenses of $3,042,000 for the Federal Prison Industries, 
Incorporated for fiscal year 1996, which is $698,000 below the 
amount requested, and $181,000 above the current year 
limitation.

                       Office of Justice Programs

    The Committee recommends a total of $4,045,726,000 in new 
budget (obligational) authority for fiscal year 1997, including 
$3,448,900,000 from the Violent Crime Reduction Trust Fund, for 
the various law enforcement assistance, juvenile justice, 
research and statistics programs of the Office of Justice 
Programs (OJP). This amount represents an increase of 
$171,185,000 over the current year appropriation and 
$154,157,000 below the budget request. Included in these 
amounts are funds to expand programs providing assistance to 
the States, such as the Local Law Enforcement Block Grant 
program, State Prison Grant program, State Criminal Alien 
Assistance Program, Violence Against Women Grant program, Byrne 
Grant program, Weed and Seed program, Juvenile Justice and 
Delinquency Prevention, and Victims of Child Abuse programs.

                           justice assistance

    The Committee recommends $100,000,000 in direct 
appropriations for Justice Assistance for fiscal year 1997. 
Funding included under the Violent Crime Reduction Trust Fund 
in fiscal year 1996 for Violence Against Women Act programs, 
the State prison drug treatment program and the missing 
Alzheimer's patient program are included in the recommendation 
under State and Local Law Enforcement Assistance for fiscal 
year 1997. The funding provided for Justice Assistance provides 
assistance to States in the form of research, evaluation, 
statistics, information sharing, emergency assistance, missing 
children assistance and the management and administration of 
all grants provided through the Office of Justice Programs. An 
explanation of each program follows:
    National Institute of Justice.--The Committee 
recommendation provides $30,000,000 for the National Institute 
of Justice (NIJ) for fiscal year 1997, which is the same level 
provided in the current year appropriation. In addition, 
$20,000,000 will be provided to NIJ in fiscal year 1997, as was 
provided in fiscal year 1996, from the Local Law Enforcement 
Block Grant for assisting units of local government to 
identify, select, develop, modernize, and purchase new 
technologies for use by law enforcement. The NIJ is the 
nation's primary source of research and development in the 
field of criminal justice. NIJ fosters innovation in law 
enforcement technologies, investigates causes and patterns of 
crime, and informs the public of research and development 
findings. Within the total funding level provided to NIJ for 
fiscal year 1997, the Committee has provided resources for the 
following projects:
    1. Defense Technology.--The Committee is supportive of 
efforts by the Justice Department, in conjunction with the 
Department of Defense, to convert non-lethal defense technology 
to law enforcement use. Within the amount recommended, 
$5,000,000 is provided to continue the law enforcement 
technology center network, that will provide States with 
information on new equipment and technologies, as well as 
assist law enforcement agencies in locating high cost/low use 
equipment for use on a temporary or emergency basis and 
$2,800,000 is provided for the technology commercialization 
initiative at the National Technology Transfer Center that 
works with private industry to develop affordable new products 
for law enforcement;
    2. Southwest Border States Anti-Drug Information System.--
In an effort to further enhance the war on drugs along the 
Southwest border, the Committee has sought ways to improve the 
sharing of criminal information between State and local law 
enforcement officials. Since the flow of drugs across the U.S./
Mexico border crosses many law enforcement jurisdictional 
boundaries, the ability to share information between the four 
southwest border states--California, Arizona, New Mexico, and 
Texas--is imperative. The Committee supports the efforts over 
the past three years in which the Department of Defense has 
teamed with these States to develop the Southwest Border States 
Anti-Drug Information System which will allow law enforcement 
officers in one State to quickly and securely access the 
criminal and intelligence databases of the other three States, 
the El Paso Intelligence Center, and certain components of the 
Regional Information Sharing System, when a suspect has been 
apprehended. Of the $20,000,000 provided from the Law 
Enforcement Block Grant, $12,000,000 is provided for the 
purchase and deployment of this technology network to local law 
enforcement agencies in these four States;
    3. National Study on Correctional Health Care.--In both the 
House and Senate reports accompanying the Appropriations Act 
for fiscal year 1996, the Committee encouraged NIJ to undertake 
a national study on health care services currently available in 
jails, prisons, and juvenile facilities. The Committee is aware 
that of the more than 11 million persons released from jails, 
prisons and juvenile correctional facilities annually, many 
carry drug-resistant tuberculosis, HIV/AIDs, or other 
infectious diseases that place the general public at risk. The 
Committee understands that NIJ is conducting a feasibility 
review to prioritize specific issues within the correctional 
health care arena that are in greatest need of research and 
evaluation. The Committee directs that $1,000,000 of the funds 
provided to NIJ be used to support a grant award for a national 
study on the health care status of soon-to-be-released inmates, 
which identifies problem areas, particularly as they relate to 
linkages which exist between correctional institutions and 
community health resources. The Committee recognizes the 
efforts of the National Commission on Correctional Health Care 
as a worthy model.
    The Committee is also aware of a number of technology 
initiatives that will enhance law enforcement capabilities. 
Within the overall amounts provided for NIJ, the Committee 
expects the Office of Justice Programs to provide:
        --$3,500,000 for Facial Recognition Technology using 
        aging algorithms, currently being developed by Lawrence 
        Livermore National Laboratory in conjunction with a 
        not-for-profit research and educational institution 
        which has experience developing computer-generated 
        intelligent agents, such as the CAPTAIN system, for 
        assisting Federal, State and local law enforcement in 
        locating missing persons, and in particular missing and 
        exploited children
        --an appropriate level of resources to be transferred 
        to the FBI for continued operations of the Center of 
        Advanced Support in Technology for Law Enforcement 
        (CASTLE)
    Report on Funding for Activities within NIJ.--The Committee 
is supportive of efforts by the Department of Justice and 
Defense to identify defense and other advanced technologies for 
law enforcement purposes. The Committee has increased funding 
for NIJ by 67 percent in fiscal years 1996 and 1997, 
recognizing the importance of these efforts. The Committee 
requests that OJP submit a quarterly report that details the 
budget for the various technology centers and technology 
initiatives supported by NIJ, beginning on October 1, 1996. 
This report should include, but not be limited to, all expenses 
related to each center, its programs, and the number of 
personnel employed by the centers or significantly involved in 
overseeing the centers.
    In addition, the Committee notes NIJ's reliance on 
consultants for overseeing work at the Office of Law 
Enforcement Technology Commercialization instead of using NIJ 
personnel. The Committee is concerned that this type of 
oversight is extremely costly and directs that any oversight of 
this center be performed by employees of the Department of 
Justice.
    Bureau of Justice Statistics.--The Committee recommendation 
provides $21,379,000 for the Bureau of Justice Statistics (BJS) 
for fiscal year 1997, which is the same amount provided in the 
current year appropriation. The BJS is responsible for the 
collection, analysis and publication of statistical information 
on crime, criminal offenders, victims of crime, and the 
operations of the Nation's justice systems.
    Missing Children.--The Committee recommendation provides 
$5,971,000 for the Missing Children program for fiscal year 
1997, which is the same amount provided in the current year 
appropriation, and the full amount requested. This program 
provides funds to combat crimes against children, particularly 
kidnapping and sexual exploitation.
    Regional Information Sharing System.--The Committee 
recommendation provides $14,500,000 for fiscal year 1997 for 
the Regional Information Sharing System (RISS), which is the 
same amount provided for the current year appropriation, and 
the full amount requested. The RISS program provides funds to 
maintain six regionally-based information sharing centers 
throughout the United States to assist States in addressing 
major, multi-jurisdictional crimes.
    White Collar Crime Information Center.--The Committee 
recommends a total of $3,850,000 for the National White Collar 
Crime Center (NWCCC) for fiscal year 1997, the full amount 
requested. This program provides assistance to State and local 
law enforcement and regulatory agencies in addressing multi-
jurisdictional white collar crimes.
    Management and Administration.--The Committee 
recommendation provides $24,300,000 and 300 FTE for the 
management and administration (M&A) of the Office of Justice 
Programs. In addition, reimbursable funding from Violent Crime 
Reduction Programs and Community Oriented Policing Services and 
a transfer from the Juvenile Justice account, will be provided 
for the administration of grants under these activities. Total 
funding for the administration of grants is as follows:

------------------------------------------------------------------------
                      Program                          Amount       FTE 
------------------------------------------------------------------------
Direct Appropriation..............................   $24,300,000     300
Transfer from Juvenile Justice Programs...........     4,800,000      71
Reimbursement from VCRTF programs.................    29,325,000     286
Reimbursement from Community Policing Services                          
 program..........................................     2,600,000      23
                                                   ---------------------
      TOTAL.......................................    61,025,000     680
------------------------------------------------------------------------

               State And Local Law Enforcement Assistance

    The Committee recommends a total of $2,434,900,000 for 
fiscal year 1997, of which $2,119,900,000 is provided from the 
Violent Crime Reduction Trust Fund, for State and Local Law 
Enforcement Assistance programs. This amount represents an 
increase of $239,300,000 over fiscal year 1996, and 
$510,795,000 above the amount requested. These funds will 
provide assistance to State and local governments in their drug 
control and crime fighting efforts as follows:

                     OFFICE OF JUSTICE PROGRAMS--STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE                     
                                            [In thousands of dollars]                                           
----------------------------------------------------------------------------------------------------------------
                                                                     1996         1997 request    Recommendation
----------------------------------------------------------------------------------------------------------------
Direct Appropriation:                                                                                           
    Byrne Grants (Discretionary).............................          60,000                0           60,000 
    Weed and Seed earmark....................................         (28,500)         (28,500)         (28,500)
    Byrne Grants (Formula)...................................         328,000                0          255,000 
                                                              --------------------------------------------------
      Subtotal, Direct Appropriation.........................         388,000                0          315,000 
                                                              ==================================================
Violent Crime Reduction Trust Fund:                                                                             
    Byrne Grants (Discretionary).............................  ...............          60,000   ...............
    Byrne Grants (Formula)...................................         147,000          475,000          245,000 
    Local Law Enforcement Block Grant........................         503,000   ...............         571,000 
    Drug Courts (earmark)....................................         (18,000)         100,000          (18,000)
    Violence Against Women Grants............................         174,500          196,500          196,500 
    Upgrade Crim. Records (Brady bill).......................          25,000           50,000           50,000 
    State Prison Grants......................................         617,500          630,000          680,000 
    State Criminal Alien Asst. Program.......................         300,000          330,000          330,000 
    State Courts Assistance..................................  ...............          28,000            5,000 
    State Prison Drug Treatment..............................          27,000           36,000           35,000 
Other Crime Control Programs:                                                                                   
    Missing Alzheimer's Patient Program......................             900              900              900 
    Turberculosis in Prisons.................................             200            1,000   ...............
    Law Enforcement Family Support...........................           1,000            2,205            1,000 
    DNA Identification State Grants..........................           1,000            3,000            3,000 
    State Technology Grants..................................           9,000   ...............  ...............
    Gang Investigation Info. Collection......................           1,000   ...............  ...............
    Assistance for At-Risk Youths............................  ...............           8,000   ...............
    Motor Vehicle Theft Prevention...........................             500            1,000              500 
    Senior Citizens Against Marketing Scams..................  ...............           2,000            2,000 
    Presidential Summit on Crime.............................  ...............             500   ...............
                                                              --------------------------------------------------
      Total, Crime Trust Fund................................       1,807,600        1,924,105        2,119,900 
                                                              ==================================================
      Total, State and Local Assistance......................       2,195,600        1,924,105        2,434,900 
----------------------------------------------------------------------------------------------------------------

Direct appropriations

    Edward Byrne Grants to States.--The Committee 
recommendation provides $560,000,000 for the Edward Byrne 
Memorial State and Local Law Enforcement Assistance Program, 
$25,000,000 above the amount provided in 1996 to allow States 
to implement drug testing initiatives. Of the amount provided, 
$60,000,000 is for discretionary grants and $500,000,000 is 
provided for formula grants under this program.
    Discretionary Grants.--The Committee recommendation 
provides $60,000,000 for discretionary grants under Chapter A 
of the Edward Byrne Memorial State and Local Assistance Program 
to be administered by the Bureau of Justice Assistance (BJA) to 
public or private agencies and nonprofit organizations, for 
educational and training programs, technical assistance, 
improvement of State criminal justice systems, and 
demonstration projects of a multi-jurisdictional nature. Within 
the amount provided for these discretionary grants, the 
Committee expects BJA to provide:
           $28,500,000 for the Weed and Seed program;
           $4,000,000 for the National Crime Prevention 
        Council to continue and expand the National Citizens 
        Crime Prevention Campaign (McGruff);
           $1,750,000 to continue and expand the Drug 
        Abuse Resistance Education (DARE AMERICA) program;
           $2,000,000 for continued funding for the 
        Washington Metropolitan Area Drug Enforcement Task 
        Force;
           $775,000 for Project Return, a correctional 
        options program which has achieved very high rates of 
        employment placement along with few instances of 
        reincarceration for ex-offenders;
           $4,350,000 for a grant to the Boys and Girls 
        Clubs of America to expand their very successful 
        community-based crime prevention programs; and
           $1,000,000 to SEARCH Group, Inc. to continue 
        and expand the National Technical Assistance Program, 
        which provides support to State and local criminal 
        justice agencies to improve their use of computers and 
        information technology;
           $1,000,000 for the National Judicial College 
        to provide drug legal education and training to State 
        and local trial judges;
           $1,000,000 for the National Motor Vehicle 
        Title Information System, authorized by the Anti-Car 
        Theft Improvement Act, to begin pilot implementation 
        and complete the network infrastructure.
    In addition, within the amounts appropriated for 
discretionary grants, the Committee also expects BJA to examine 
each of the following proposals, to provide grants if 
warranted, and to submit a report to the Committee on its 
intentions for each proposal: establishment of a Violence 
Institute to coordinate efforts in New Jersey into a 
comprehensive, focused response to violent crime; and support 
for the community security program of the Local Initiative 
Support Corporation, which establishes partnerships between 
local police departments and Community Development Corporations 
to promote crime prevention.
    Pre-Trial Release.--The Committee is concerned that the 
Bureau of Justice Assistance has awarded grants to programs 
that encourage the use of unsecured release for individuals 
charged with serious and violent crimes. The Committee believes 
that balanced information should be provided to States and 
localities regarding all available pre-trial alternatives.

Violent Crime Reduction Trust Fund Programs:

    Local Law Enforcement Block Grant.--The Committee 
recommendation includes $571,000,000 for the Local Law 
Enforcement Block Grant program, to continue this new block 
grant program started last year, which provides grants to 
localities to reduce crime and improve public safety. Of this 
amount, $20,000,000 will be provided to NIJ for assisting units 
of local government to identify, select, develop, modernize, 
and purchase new technologies for use by law enforcement. The 
recommendation also includes language that allows up to 
$18,000,000 of these funds to be used for drug courts, subject 
to reprogramming requirements in section 605 of the Act, the 
same level provided in fiscal year 1996.
    The recommendation for funding for the Local Law 
Enforcement Block Grant continues the commitment to provide 
local governments with the resources and flexibility to address 
specific crime problems in their communities with their own 
solutions. The Committee notes that although this grant program 
was new in fiscal year 1996, applications for grants and 
estimated funding allocations have already been distributed to 
localities. The Committee commends the Bureau of Justice 
Assistance for their timeliness in implementation of this grant 
program.
    Violence Against Women Act.--The Committee recommends 
$197,500,000 for grants to support the Violence Against Women 
Act of which $196,500,000 is included under the Office of 
Justice Programs and $1,000,000 is included under U.S. 
Attorneys. This amount represents an increase of $22,500,000 
over the current year appropriation and $467,000 above the 
amount requested. Grants provided under this recommendation are 
for the following programs:

                         [Dollars in thousands]                         
------------------------------------------------------------------------
                                                 1997                   
                                   1996        Request    Recommendation
------------------------------------------------------------------------
Violence Against Women Grant                                            
 Programs:                                                              
    General Grants Victims of                                           
     Child Abuse.............      130,000       145,000       145,000  
Programs:                                                               
    Court-Appointed Special                                             
     Advocates...............        6,000         6,000         6,000  
    Training for Judicial                                               
     Personnel...............          750         1,000         1,000  
    Grants for Televised                                                
     Testimony...............           50           550           550  
    Grants to Encourage                                                 
     Arrest Policies.........       28,000        33,000        33,000  
    Rural Domestic Violence..        7,000         8,000         8,000  
    National Stalker &                                                  
     Domestic Violence.......        1,500         1,750         1,750  
    Federal Victims                                                     
     Counselors \1\..........          500           533         1,000  
    Training Program.........        1,000         1,000         1,000  
    State Database Study.....          200             0             0  
    Study on Campus Sexual                                              
     Assualt.................            0           200           200  
                              ------------------------------------------
        Total................      175,000       197,033       197,500  
------------------------------------------------------------------------
\1\ Included under U.S. Attorneys.                                      

    In fiscal year 1996, the Committee provided $175,000,000 
for programs under the Violence Against Women Act to combat 
domestic violence. This amount represented an increase of 
$149,000,000 over the previous year--a 573 percent increase--
recognizing the importance of combating domestic violence, 
despite budget constraints. This funding was to be distributed 
to State and local agencies so that new programs could be 
started that would significantly enhance the availability of 
victim services, prosecutors, and law enforcement to women and 
children who are subjected to domestic violence.
    The significant funding increase in 1996 was provided to 
expand units of law enforcement officers and prosecutors 
specifically targeted at crimes against women, develop and 
implement effective arrest and prosecution policies to prevent, 
identify and respond to violent crimes against women, 
strengthen programs addressing stalking and provide much needed 
victims services including specialized domestic violence court 
advocates to obtain protection orders. In addition, programs 
would be strengthened to encourage reporting of domestic 
violence by providing assurances that law enforcement and 
attorney support systems would be available.
    The Committee is deeply concerned to learn that of the 
$175,000,000 provided in fiscal year 1996, only $473,000 has 
been provided to date to State and local agencies and as a 
result the network of services, law enforcement personnel and 
support systems, are still not available to victims of domestic 
violence. Despite the emphasis by Congress, the Department has 
failed to effectively manage this important program. The 
Committee expects the Department to implement a plan to 
distribute the resources provided in this bill within 60 days 
of enactment, and report to the Committee on this plan by 
September 1, 1996.
    National Instant Criminal Background Check System.--The 
recommendation provides $50,000,000 for States to upgrade 
criminal history records so that these records can interface 
with other databases holding information on other categories of 
individuals who are prohibited from purchasing firearms under 
Federal or State statute. In addition, $20,240,000 is included 
in the recommendation for the FBI to complete development of 
the National Instant Criminal Background Check System.
    State Prison Grants.--The recommendation provides 
$680,000,000 for the State Prison Grant program, of which 
$170,000,000 is available to States for the incarceration of 
criminal aliens and $12,500,000 is for the Cooperative 
Agreement Program. This program provides grants to States to 
build and expand temporary or permanent correctional 
facilities, boot camps, and jails to increase the capacity for 
confinement of violent criminals. The amount available for 
prison grants is $497,500,000, which is $92,500,000 more than 
provided in fiscal year 1996, and $50,000,000 more than the 
request for this program.
    State Criminal Alien Assistance Program.--The 
recommendation provides $330,000,000 for the State Criminal 
Alien Assistance Program for the reimbursement to States for 
the costs of incarceration of criminal aliens. This amount is 
in addition to $170,000,000 which is included for this purpose 
under the State Prison Grants program. Thus, the Committee 
recommends a total of $500,000,000 for reimbursement to States 
for alien incarceration, which is the full amount requested and 
the same level as provided in fiscal year 1996.
    State Courts Assistance Program.--The recommendation 
includes $5,000,000 for a new program to provide assistance to 
State courts. The Committee expects that $3,000,000 of these 
funds will be provided to the State Justice Institute to 
continue grants for improvements in State Court systems.
    Substance Abuse Treatment for State Prisoners.--The 
Committee recommends $35,000,000 for grants to States and units 
of local government for development and implementation of 
residential substance abuse treatment programs within State 
correctional facilities, and certain local correctional and 
detention facilities. This amount is the same level as provided 
in fiscal year 1996, and $1,000,000 below the request.
    Law Enforcement Family Support programs.--The 
recommendation includes $1,000,000 for programs that provide 
support services to law enforcement officers and their 
families, the same level as provided in fiscal year 1996.
    Safe Return Program.--The Committee recommendation includes 
$900,000 to continue and expand the national program to locate 
missing Alzheimer patients.
    Tuberculosis in Prisons.--The recommendation does not 
include additional funds for treatment of tuberculosis in 
Federal and State prisons. In fiscal year 1996, $200,000 was 
provided for this program. Funding for this program in Federal 
prisons is available within resources provided to the Bureau of 
Prisons and funding for this program in State prisons can be 
supported from a number of grant programs provided to States.
    DNA Identification State Grants.--The recommendation 
includes $3,000,000 for grants to States and units of local 
government to support programs and projects to develop or 
improve the capability to analyze DNA in a forensic laboratory. 
The amount provided is the full amount requested and $2,000,000 
above the amount provided in fiscal year 1996. Within the 
amount made available under this program and in conjunction 
with State grants under the FBI, the Committee expects the 
Office of Justice Programs and the FBI to examine the following 
proposal, to provide a grant if warranted, and to submit a 
report to the Committee on its intentions: establishment of a 
Center for Forensic Science Standards, including an Arson and 
explosion reference laboratory, in Central Florida.
    Assistance for At-Risk Youth.--The recommendation does not 
include $8,000,000 for At-RiskYouth programs. Instead, an 
additional $30,500,000 is provided for State formula grants 
under the Juvenile Justice and Delinquency Prevention Act, to 
increase amounts available to States to implement programs 
targeted at at-risk youth and reducing juvenile crime.
    Motor Vehicle Theft Prevention.--The recommendation 
provides $500,000 for grants to combat motor vehicle theft 
through cooperative partnerships between car owners and State 
and local law enforcement to reduce car theft committed by 
professional auto thieves and to facilitate their recovery. 
This amount is the same level provided in fiscal year 1996 for 
this program.
    Senior Citizens Against Marketing Scams.--The 
recommendation includes $2,000,000 for new programs to assist 
law enforcement in preventing and stopping marketing scams 
against the elderly. In addition, $1,500,000 is provided under 
the FBI to investigate these crimes and $500,000 is provided 
under the U.S. Attorneys for prosecution of these crimes.
    Presidential Summit on Crime.--The recommendation does not 
provide $500,000, as requested, to conduct a Presidential 
Summit on Crime.

                         Weed and Seed Program

    The Committee recommendation provides $28,500,000 for the 
Weed and Seed program from discretionary grants under the Byrne 
program, the full amount requested and the same level as 
provided in 1996.
    The Committee also recommends bill language, similar to 
that included in previous fiscal years, making funds available 
for grants or agreements with State agencies or to reimburse 
Federal agencies in order to execute the Weed and Seed 
strategy, and also allows for the use of other Department of 
Justice funds to support the Weed and Seed Program.

                  Community Oriented Policing Services

                    violent crime reduction programs

    The Committee recommendation includes $1,400,000,000 for 
Community Oriented Policing Services--the COPs Program--for 
fiscal year 1997. This is the same amount as provided in fiscal 
year 1996 and $576,155,000 below the request. The fiscal year 
1997 request was submitted prior to a final agreement of 
funding in 1996 of $1,400,000,000. The original budget request 
for fiscal year 1996 was $1,903,000,000. Within the amount 
provided, the Committee recommendation includes $10,000,000 for 
the Police Corps program and $144,000,000 for innovative 
community policing efforts focused on drug task forces, youth 
violence and domestic violence initiatives. The level of 
funding provided for police hiring and non-hiring initiatives 
is distributed in the same proportion as 1996 and therefore 
maintains the program on a path to have hired 100,000 new 
police officers by the year 2000 by the Administration's 
calculation. It should be clear that COPs grants last for no 
more than three years, and there is no assurance that the 
localities will maintain these officers after Federal funding 
has expired.
    Police Hiring Initiatives.--The Committee intends that 
funding provided will be used for the purpose of providing 
grants which will yield at least 19,000 more police officers on 
the street. When added to the 47,627 police officers added in 
1994, 1995 and 1996, by the end of 1997 almost 67,000 new 
police officers will have been funded. The Committee expects 
that hiring grants will include grants under the Universal 
Hiring Program and the COPs MORE program in order to accomplish 
this goal.
    Non-Hiring Initiatives.--The Committee is aware that of the 
funding provided in fiscal year 1996, $144,000,000 was used for 
non-hiring innovative community policing programs. The 
Committee has provided this same level of funding for non-
hiring initiatives in fiscal year 1997, and has focused these 
initiatives on three of the most critical crime issues facing 
communities--drugs, youth violence, and domestic violence.
    Of the total amount available for non-hiring initiatives 
the Committee directs $71,000,000 of these funds to be used to 
support local police officers participation on DEA State and 
local task forces. These funds will be used to support 
overtime, equipment and vehicles for local officers.
    In addition, $30,500,000 is directed to enhance grants 
available to States under the Juvenile Justice Delinquency and 
Prevention Act, to develop and implement innovative and 
community policing initiatives designed to address youth 
violence and juvenile crime. States that have implemented ``get 
tough'' policies on juveniles who have committed serious 
violent crimes will be eligible to receive this additional 
funding.
    The Committee also intends that $43,000,000 of funding be 
used to continue innovative strategies employing community 
policing to combat domestic violence and to address emergency 
community needs, such as the recent church burnings in the 
South.
    The Committee recommendation includes bill language which 
(1) transfers $71,000,000 to the DEA for State and local drug 
task forces; (2) provides $10,000,000 for the Police Corps 
program; (3) provides $30,500,000 for additional grants under 
part B of the Juvenile Justice and Delinquency Prevention Act 
of 1974; and (4) specifies the level of funding for management 
and administration.

                       juvenile justice programs

    The Committee recommendation provides a total of 
$149,500,000 for Juvenile Justice Programs for fiscal year 
1997, the full amount requested by the Administration and 
$1,000,000 above the amount provided in the current fiscal 
year.
    Juvenile Justice and Delinquency Prevention.--The Committee 
is aware of the growing problem of juvenile crime and that the 
rise in violence among youths is reaching crisis levels. The 
latest crime reports show alarming statistics--while overall 
crime fell 2 percent last year and violent crime fell by 4 
percent, the murder rate among teenagers between 1990 and 1994 
increased by 22 percent. Almost one-fourth of those arrested 
for weapons offenses in 1993 were under the age of 18. In 1994, 
juveniles accounted for 1 out of 5 violent crime arrests.
    The Committee recognizes that changes to Juvenile Justice 
and Delinquency Prevention (JJDP) Programs are being considered 
in the reauthorization process of the Juvenile Justice and 
Delinquency Act of 1974. As such, the Committee recommendation 
includes language that provides that funding included for these 
programs shall be subject to the provisions of any 
authorization legislation that is enacted and that any 
provisions in this Act that are inconsistent with that 
legislation shall no longer have effect.
    The Committee recommendation includes a total of 
$145,000,000 for fiscal year 1997 for administrative expenses 
and grants to States and localities for projects in the areas 
of education, research, prevention and rehabilitation as 
follows:
          1. $5,000,000 for the Office of Juvenile Justice 
        Programs (OJJP) (Part A).
          2. $70,000,000 for Formula Grants for assistance to 
        State and local programs (Part B).
          3. $25,000,000 for Discretionary Grants for National 
        Programs and Special Emphasis Programs (Part C). Within 
        the amount provided for Part C discretionary grants, 
        the Committee expects the OJJP to provide:
                  --$2,300,000 for a grant to continue and 
                expand the National Council of Juvenile and 
                Family Courts which provides continuing legal 
                education in family and juvenile law;
                  --$2,300,000 for a grant to the Angel Gate 
                Academy, a joint California National Guard/Los 
                Angeles Unified Schools District program that 
                provides an intensive residential program for 
                middle-school students seriously at risk of 
                involvement with the legal system;
                  --$1,000,000 for the Teens, Crime and the 
                Community Program; and
                  --$1,900,000 for the National Institute for 
                School/Community Violence which provides 
                technical assistance and forms partnerships 
                with rural and urban communities and their 
                local schools to reduce violence in and around 
                elementary and secondary schools.
          4. $11,000,000, the full amount requested, to expand 
        the Youth Gangs (Part D) program which provides grants 
        to public and private nonprofit organizations to 
        prevent and reduce the participation of at-risk youth 
        in the activities of gangs that commit crimes.
          5. $10,000,000, the full amount requested, for 
        Discretionary Grants for State Challenge Activities 
        (Part E). This new program authorizes the OJJP 
        Administrator to award grants which could increase the 
        amount of a State's formula grant by up to 10 percent, 
        if that State agrees to undertake some or all of the 
        ten challenge activities included in this program. 
        These challenge activities are designed to improve 
        various aspects of a State's juvenile justice and 
        delinquency prevention programs.
          6. $4,000,000, the full amount requested, for the 
        Juvenile Mentoring Program (Part G). This program seeks 
        to reduce juvenile delinquency, improve academic 
        performance, and reduce the drop-out rate among at-risk 
        youth through the use of mentors. The program brings 
        together young people in high crime areas with law 
        enforcement officers and other responsible adults who 
        are willing to serve as long-term mentors.
          7. $20,000,000 for Incentive Grants for Local 
        Delinquency Prevention Programs (Title V), which is the 
        same amount provided in the current fiscal year and the 
        full amount requested. These grants are transmitted 
        through the State Advisory Groups to units of general 
        local government for delinquency prevention programs 
        and other activities for at-risk youth.
    Within the amounts appropriated for discretionary grants 
under title II and title V of the JJDP Act, the Committee also 
expects the OJJP to examine each of the following proposals, to 
provide grants if warranted, and to submit a report to the 
Committee on its intentions for each proposal:
          --A grant to Project O.A.S.I.S., a program designed 
        to identify and provide accelerated delinquency 
        intervention services to high risk Middle School and 
        Junior High youths;
          --A grant to expand in 3 to 5 sites, the Kids Peace 
        National Center for Kids for its Intensive Treatment 
        Family Program, which is an innovative community-based 
        approach designed to provide individualized treatment 
        and foster care to seriously emotionally disturbed 
        children and adolescents referred by the juvenile 
        justice system; and
          --A grant to the Savannah Youth Futures Authority, 
        Children at Risk Project, that serves 11 to 13 year old 
        high risk youths and their families by providing family 
        advocates and special activities and programs.
    Victims of Child Abuse Act. The Committee recommends a 
total of $4,500,000 for the various programs authorized under 
the Victims of Child Abuse Act (VOCA). In addition, funding of 
$7,000,000 is provided for Victims of Child Abuse programs 
included under the Violence Against Women Program funded under 
State and Local Assistance, Violent Crime Reduction Programs. 
The total amounts recommended for Victims of Child Abuse Act is 
$250,000 more than the amount provided in the current fiscal 
year and is the full amount requested in the budget. The 
following programs are included in the recommendation:
          --$4,500,000 to Improve Investigations and 
        Prosecutions (Subtitle A) as follows:
                  --$500,000 to establish Regional Children's 
                Advocacy Centers, as authorized by section 213 
                of VOCA;
                  --$2,000,000 to establish local Children's 
                Advocacy Centers, as authorized by section 214 
                of VOCA;
                  --$1,500,000 for a continuation grant to the 
                National Center for Prosecution of Child Abuse 
                for specialized technical assistance and 
                training programs to improve the prosecution of 
                child abuse cases, as authorized by section 
                214a of VOCA; and
                  --$500,000 for a continuation grant to the 
                National Network of Child Advocacy Centers for 
                technical assistance and training, as 
                authorized by section 214a of VOCA.

                    Public Safety Officers Benefits

    The Committee recommendation includes the requested 
language for death benefits under the Public Safety Officers 
Benefits program for fiscal year 1997, which will fully fund 
anticipated payments. This program provides a lump sum death 
benefit payment to eligible survivors of Federal, State and 
local public safety officers whose death was the direct and 
proximate result of a traumatic injury sustained in the line of 
duty.
    The recommendation also includes $2,200,000, the full 
amount requested, for lump sum payments to public safety 
officers who are permanently disabled in the line of duty.

                General Provisions Department of Justice

    The Committee has included the following general provisions 
for the Department of Justice in this bill:
    Section 101 provides language, included in previous 
appropriations acts, which makes up to $45,000 of the funds 
appropriated to the Department of Justice available for 
reception and representation expenses.
    Section 102 provides language, included in previous 
appropriations acts, which continues certain authorities for 
the Justice Department in fiscal year 1997 that were contained 
in the Department of Justice Authorization Act, fiscal year 
1980.
    Section 103 provides language, included in the 
appropriations acts last year and prior to 1994, which 
prohibits the use of funds to perform abortions in the Federal 
Prison System.
    Section 104 provides language, included in previous 
appropriations acts, which prohibits use of the funds in this 
bill to require any person to perform, or facilitate the 
performance of, an abortion.
    Section 105 provides language, included in previous 
appropriations acts, which states that nothing in the previous 
section removes the obligation of the Director of the Bureau of 
Prisons to provide escort services to female inmates who seek 
to obtain abortions outside a Federal facility.
    Section 106 provides language, similar to that included in 
previous appropriations acts, which allows the Department of 
Justice to spend up to $10,000,000 for rewards for information 
regarding acts of terrorism against a United States person or 
property at levels not to exceed $2,000,000 per award.
    Section 107 provides language, included in previous 
appropriations acts, which allows the Department of Justice, 
subject to the Committee's reprogramming procedures, to 
transfer up to 5 percent between any appropriation, except 
Justice Assistance, but limits to 10 percent the amount that 
can be transferred into any one appropriation.
    Section 108 provides language, included in previous 
appropriations acts, which allows balances remaining in the 
Assets Forfeiture Fund after September 30, 1996 to be available 
to the Attorney General for any authorized purpose of the 
Department of Justice.
    Section 109 adds new language as proposed by the 
Administration, to restructure quarterly fee payments for 
debtors under Chapter 11 of the Bankruptcy Code and to allow 
all fees collected from Chapter 7, 11 and 13 filings to be used 
as offsetting collections to the U.S. Trustees program. 
Language is not included, as proposed by the Administration, to 
assess a surcharge on Chapter 13 trustees payments.
    Section 110 adds language, that establishes the 
Telecommunications Carrier Compliance Fund for payments to 
telecommunications carriers and equipment manufacturers to 
implement technology changes required under the Communications 
Assistance for Law Enforcement Act. Additional explanation is 
provided under the Federal Bureau of Investigation.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

    The Committee recommends a total of $3,570,001,000 for the 
programs of the United States Trade Representative, the 
International Trade Commission and the Department of Commerce 
for fiscal year 1997. This amount is $756,173,000 below the 
total request and is $118,957,000 below the total amount 
appropriated for this title for fiscal year 1996.
    The Committee has continued a structure initiated last year 
under this title that reflects the fundamental functions that 
will need to be considered as the overall administrative 
structure of these programs is examined. This reflects the 
Committee's effort to identify common functions in order to 
identify overlap and prioritize programs within these agencies 
and departments.

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

    The Committee has included under this section of title II, 
the Office of the U.S. Trade Representative, the International 
Trade Commission, and the Department of Commerce agencies 
responsible for trade promotion and enforcement and economic 
infrastructure development.

            Office of the United States Trade Representative

                         Salaries And Expenses

    The Committee recommends an appropriation of $21,449,000 
for the Office of the United States Trade Representative (USTR) 
for fiscal year 1997. This amount is equal to the budget 
request and a $587,000 increase above the amount appropriated 
for fiscal year 1996, to replace wiring that is no longer able 
to support the computer and communications systems.
    The Committee has maintained funding for USTR in order to 
allow it to continue to apply its resources toward monitoring 
and enforcement of over 180 trade agreements which have been 
negotiated in the last several years. The Committee believes 
that trade monitoring and enforcement is critical to ensure the 
success of negotiated trade agreements. The success of this 
enforcement policy should be reflected in a decline in the 
trade deficit, of which there has not yet been any evidence, 
given the fact that the trade deficit remains at an all time 
high.
    The Committee is aware of concerns expressed about the 
Government of Mexico's daily limit on duty-free goods brought 
back across the U.S.-Mexican land border. The Committee is 
concerned about a lack of parity between U.S. and Mexican 
policies, and urges the U.S. Trade Representative to address 
this disparity in its bi-level discussions with Mexico and 
report back to the Committee on its efforts.
    The Office of the United States Trade Representative is 
responsible for developing and coordinating U.S. international 
trade, commodity, and direct investment policy, and leading or 
directing negotiations with other countries on such matters.

                     International Trade Commission

                         Salaries And Expenses

    The Committee recommends an appropriation of $40,000,000 
for the International Trade Commission for fiscal year 1997. 
This amount is equal to the appropriation enacted for the 
current fiscal year and is $1,707,000 below the budget request. 
The amount is sufficient to support the Commission's requested 
staffing level which is a slight increase over the current on-
board staffing level. However, the recommendation does not 
provide the requested increases for non-personnel activities 
for the Commission.
    The International Trade Commission is an independent, 
quasi-judicial agency responsible for conducting trade-related 
investigations; providing the Congress and the President with 
independent, expert technical advice to assist in the 
development and implementation of U.S. international trade 
policy; responding to the Congress and the President on various 
matters affecting international trade; maintaining the 
Harmonized Commodity Description and Coding System of 
internationally accepted product nomenclature; providing 
technical assistance to eligible small businesses seeking 
remedies and benefits under the trade laws; and performing 
other specific statutory responsibilities ranging from research 
and analysis to quasi-judicial functions on trade-related 
matters.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     Operations And Administration

    The Committee recommends an appropriation of $272,000,000 
for the programs of the Commerce Department's International 
Trade Administration (ITA). The amount provided is an increase 
of $3,723,000 above the request and an increase of $7,115,000 
above the amounts provided for fiscal year 1996, in order to 
continue most activities at or near fiscal year 1996 levels and 
to allow the U.S. and Foreign Commercial Service to maintain 
its current level of service.
    The recommendation reflects the Committee's continuing 
support for our nation's core trade promotion, enforcement and 
related activities. The following table reflects the 
distribution of the Committee recommendation by subactivity:

                         [Dollars in thousands]                         
------------------------------------------------------------------------
                                    FY 1996      FY 1997       FY 1997  
                                    enacted      request     recommended
------------------------------------------------------------------------
Trade Development..............      $56,485       $49,577      $57,859 
Int'l Economic Policy..........       18,400        19,587       18,400 
Import Administration..........       29,200        30,513       29,500 
US&FCS.........................      162,800       168,600      168,241 
Estimated Carryover............       (2,000)            0       (2,000)
                                ----------------------------------------
      Total, ITA...............     $264,885       268,277      272,000 
------------------------------------------------------------------------

    The recommendation assumes full funding for both the 
domestic and international offices of the U.S. and Foreign 
Commercial Service, including annualization of the increases 
provided in fiscal year 1996 to complete the reorganization of 
the domestic field structure, including the four additional 
U.S. Regional Export Assistance Centers recently established. 
In addition, this level will allow the US&FCS to maintain their 
expanded presence in the big emerging markets overseas. While 
the amount provided for the US&FCS is a slight overall decrease 
below the request, the Committee expects that any reductions be 
absorbed within headquarters' policy and management functions.
    The recommendation includes reductions below the request 
for the Import Administration and International Economic 
Policy. These reductions are to be absorbed within the policy 
and management functions of each activity.
    The recommendation provides funding above the request for 
Trade Development. The recommendation includes $10,000,000 for 
two export promotion programs related to the textile and 
apparel industries. Of this amount, $7,000,000 is intended for 
the National Textile Center and $3,000,000 is for the Textile/
Clothing Technology Center (TC2), the same amounts as 
appropriated in fiscal year 1996. The recommendation provides 
for the additional functions assumed by the ITA in fiscal year 
1996 within Trade Development, to be offset by the elimination 
of the Market Cooperator Development program. The Committee 
expects any reductions within Trade Development to be taken 
proportionately across all programs and functions.
    Unfair Trade Practices.--The Committee supports efforts to 
ensure fair trading practices among all trading partners. The 
Committee expects the Commerce Department to utilize all 
statutory and administrative authorities, including the 
anticircumvention statutes, to ensure that there is no 
circumvention to an antidumping duty order. The Committee is 
aware of concerns raised about the Department's decision not to 
initiate an anticircumvention investigation with respect to 
standard pipe orders. The Committee requests that the 
Department of Commerce review its decision regarding this 
matter and report to the Committee on its findings by September 
15, 1996.
    Further, the Committee is concerned about possible price 
discrimination policies by lumber producers through the use of 
off-bill freight practices. The Committee expects the 
Department to conduct a review of Canadian lumber producer 
transportation practices to determine whether such practices 
result in subsidies or other practices that violate U.S. trade 
law. The Committee expects this review to consider practices 
from 1990 to the present, and to report its finding to the 
Committee no later than May 1, 1997. The Committee encourages 
the Department to solicit comments and participation in this 
review from all interested parties.
    Trade Promotion.--The Committee understands that the 1993 
report of the Trade Promotion Coordinating Committee (TPCC) 
recommended a reduction in the number of trade events organized 
directly by the Federal government to eliminate duplication and 
encourage greater participation by States and the private 
sector. The Committee supports the ITA's efforts to privatize 
trade shows whenever possible, and urges ITA to consider 
privatizing the Cosmoprof trade show scheduled for April 1998. 
The Committee expects the Department to work with interested 
associations and organizations representing American 
manufacturers on this matter, and intends that ITA ensure all 
such shows are open to all interested business concerns.
    In addition, the Committee recognizes and commends the 
successful conclusion of the direct investment trade agreement 
signed between the United States and the Government of Japan 
regarding the Technology Village Partnership (TVP) project. The 
goal of the TVP is to enable U.S. companies to have a 
manufacturing presence in Japan in order to gain access to the 
up-front design-in-process of Japanese manufacturers, Japan's 
distribution infrastructure, joint ventures, and many other 
marketing opportunities. The Committee requests that the 
Department of Commerce and ITA make recommendations on options 
to assist in the conclusion of the TVP's feasibility stage and 
to promote U.S. company participation in fiscal year 1997. The 
Committee requests that the Department and ITA expedite this 
review and report to the Committee on its recommendations.

                         Export Administration

                     operations and administration

    The Committee recommends an appropriation of $38,604,000 
for the Operations and Administration appropriation of the 
Bureau of Export Administration. The amount provided is a 
decrease of $5,047,000 below the amount requested, and equal to 
the amount appropriated for fiscal year 1996.
    The Committee expects adjustments to base to be offset by 
reduced requirements related to the liberalization of export 
controls and a reduced licensing volume, as identified in the 
budget request. In addition, BXA is anticipated to have 
carryover balances of $1,800,000 that could be used to fund its 
most critical program requirements. The Committee reminds BXA 
that expenditures of carryover balances are subject to the 
reprogramming procedures contained in section 605 of the 
accompanying bill.
    The Committee has provided requested funding for BXA to 
assume its responsibilities for implementing the Fastener 
Quality Act. However, the Committee has not provided the 
requested funding increases related to the Chemical Weapons 
Convention Treaty because of ongoing delays in treaty 
ratification. Should there be additional progress in the 
international efforts to ratify the treaty, the Committee is 
willing to entertain a reprogramming of funds for this purpose.
    The Committee continues to support the upgrade and 
improvement of the BXA on-line licensing system as a way to 
eliminate bureaucratic delay and duplication in the licensing 
process. The Committee does not support recommendations to 
transfer the functions of this office to the Department of 
State or the Department of Defense.

                  Economic Development Administration

    The accompanying bill provides a total of $348,500,000 for 
the programs and administrative expenses of the Economic 
Development Administration (EDA) for fiscal year 1997, as 
described below:

                Economic Development Assistance Programs

    A total of $328,500,000 is recommended for fiscal year 1997 
for Economic Development Assistance Programs. This amount is a 
$5,000,000 decrease from the request and equal to the level 
provided in the current fiscal year and reflects a 20% decrease 
in funding for EDA programs since fiscal year 1995. The amount 
provided equals the funding level provided in reauthorization 
legislation approved by the House authorization committee last 
year.
    The Committee supports reforms proposed in the 
reauthorization legislation that would ensure that assistance 
is targeted to the most economically distressed areas of the 
country. The Committee supports the continuation of the basic 
program to provide infrastructure investments, revolving loan 
funds, and technical assistance to economically distressed 
areas, particularly rural areas. The Committee believes such a 
program provides the ``seed capital'' to distressed areas to 
allow local communities to increase their ability to create new 
economic opportunities and jobs in accordance with local 
priorities.
    Further, the Committee notes that the EDA has some 
flexibility to begin this process of reform, prior to enactment 
of reauthorization legislation. Therefore, the Committee 
expects the EDA, particularly in light of overall budget 
constraints, to take all necessary actions to ensure that funds 
provided under this account be targeted to the most severely 
distressed areas, which, absent the assistance provided by the 
EDA, would have little to no access to resources for critical 
infrastructure development and capacity building.
    The Committee recommendation provides level funding for 
most EDA programs, with a slight increase for Title I Public 
Works and for defense conversion. The recommendation eliminates 
funding for the Trade Adjustment Assistance Center (TAAC) 
program, as requested in the budget. The TAAC program is 
duplicative of other technical assistance programs funded 
elsewhere in the bill, and in the Federal government, including 
the University Centers program, the Manufacturing Extension 
Program, and the Small Business Development Centers program.
    The Committee continues its directive for EDA to 
discontinue the use of single purpose grant loans.
    Language is included in the bill which allows the Secretary 
of Commerce to provide financial assistance to projects located 
on military bases that have been closed or scheduled for 
closure even prior to the grantee having taken title for the 
property in question. The language has been carried in the bill 
for the last three years.
    The following table reflects the proposed distribution of 
the funds provided:

                        [In thousands of dollars]                       
------------------------------------------------------------------------
                                                  FY 1997       FY1997  
                                     FY 1996      Request    Recommended
------------------------------------------------------------------------
Public works grants..............     $165,200     $155,000     $168,700
Planning assistance..............       24,400       28,400       24,400
Technical assistance (including                                         
 university centers).............       18,400       11,400        9,900
Defense economic conversion......       90,000      110,000       95,000
Research and evaluation..........          500        1,500          500
Economic adjustment grants.......       30,000       27,200       30,000
                                  --------------------------------------
      Total......................     $328,500     $333,500     $328,500
------------------------------------------------------------------------

                         Salaries and Expenses

    The Committee recommends $20,000,000 for the salaries and 
expenses of the Economic Development Administration. The amount 
provided is equal to the fiscal year 1996 level, and $36,000 
below the request. This funding level represents a 35% decrease 
in this account in the last two years. The Committee 
understands that reduced funding has required the agency to 
streamline, downsize, and increase its efficiency. The 
Committee believes that this streamlining will still enable the 
EDA to effectively serve economically distressed communities.
    The Committee further believes that the strength of the EDA 
program results from the fundamental local character of the 
program. Therefore, the Committee expects the EDA to continue 
the successful system of utilizing the Economic Development 
Representatives to provide outreach, technical assistance, and 
guidance to local communities and to the regional EDA offices 
in the development and selection of projects.
    The Committee has included language in the bill, which has 
been carried in previous years, which provides the authority to 
use this appropriation to monitor projects approved under Title 
I of the Public Works Employment Act of 1976, Title II of the 
Trade Act of 1974, and the Community Emergency Drought Relief 
Act of 1977.

                  Minority Business Development Agency

                     Minority Business Development

    The Committee recommends $29,000,000 for the Minority 
Business Development Agency (MBDA) for fiscal year 1996. This 
amount is $5,021,000 below the budget request and is $3,000,000 
less than the amount available for fiscal year 1996.
    The Committee's recommendation reflects a 9 percent 
reduction for MBDA. Many of MBDA's and the Small Business 
Administration's (SBA) programs and activities are similar or 
duplicative. The Committee is concerned that MBDA and SBA have 
not made sufficient progress in the directives included in last 
year's report requiring the MBDA and the SBA to work together 
and submit an implementation plan to the Committee for merger 
of duplicative activities. In particular, the Committee is 
concerned about possible overlap and lack of coordination among 
the agencies in the areas of technical assistance, capital 
formation, international trade, and information technologies.
    The Committee is aware that the Department of Commerce and 
the Small Business Administration have recently formed an 
interagency working group to address these issues and develop 
plans for greater cooperation. Therefore, the Committee has 
recommended that $3,000,000 be set-aside each from MBDA and SBA 
to be used for projects jointly developed, implemented, and 
administered. The Committee directs the interagency working 
group to submit a plan for the use of these funds no later than 
September 1, 1996. In addition, the Committee expects these 
agencies to submit a reprogramming in accordance with section 
605 of this Act for use of this funding in accordance with this 
plan.

                ECONOMIC AND INFORMATION INFRASTRUCTURE

    The Committee has included under this section of the bill 
the Department of Commerce agencies responsible for the 
nation's basic economic and technical information 
infrastructure, as well as the administrative functions which 
oversee the development of telecommunications and information 
policy.

                   Economic and Statistical Analysis

                         Salaries And Expenses

    The bill provides $45,900,000 for the economic and 
statistical analysis programs of the Department of Commerce, 
including the Bureau of Economic Analysis, for fiscal year 
1997. This amount is $7,610,000 less than the budget request 
and the same amount appropriated for the current fiscal year.
    The Committee is concerned that the current national 
economic statistical accounts are out-dated, particularly in 
the areas of foreign trade and fast-growing economic sectors. 
The Committee believes highest priority should be given to 
improvement of the national economic statistical accounts. The 
Committee notes that an interagency planning process was 
conducted last year to develop a coordinated approach to 
improve the national economic statistical accounts. The 
Committee understands that ESA and BEA have begun to implement 
the plan's key recommendations within its existing resources by 
prioritizing and eliminating or privatizing certain functions. 
In light of the continuing budgetary constraints, the Committee 
expects ESA and BEA to continue these streamlining efforts in 
order to devote scarce resources to critical improvements in 
the national economic statistical accounts. In addition, the 
Committee intends that none of the funds provided under this 
appropriation, or under the Bureau of Census appropriation 
accounts, be used to carry out the Integrated Environmental-
Economic Accounting or ``Green GDP'' initiative.
    The Economic and Statistics Administration (ESA) is 
responsible for the collection, tabulation and publication of a 
wide variety of economic, demographic and social statistics and 
provides support to the Secretary of Commerce and other 
Government officials in interpreting the state of the economy 
and developing economic policy. The Bureau of Economic Analysis 
and Under Secretary for Economic Affairs are funded in this 
account.

         Economics And Statistics Administration Revolving Fund

    The Committee has included language in the bill necessary 
for the continuation of a self-supporting revolving fund for 
data products of the Economics and Statistics Administration, 
as requested and as provided in fiscal year 1996.
    The Economic and Statistics Administration operates a 
revolving fund for the payment of expenses incurred in the 
electronic dissemination of data, including the acquisition and 
public sale of domestic, federally-funded and foreign business, 
trade and economic information.

                          Bureau of the Census

    The Committee recommends a total of $338,717,000 for the 
Bureau of the Census for fiscal year 1997. This amount is a 
reduction of $60,638,000 from the budget request, and an 
increase of $55,000,000 above the amount provided for the 
current fiscal year.

                         Salaries And Expenses

    The bill provides $133,617,000 for the Salaries and 
Expenses of the Bureau of the Census for fiscal year 1997. This 
amount is $17,048,000 less than the budget request, and is 
equal to the amount provided for fiscal year 1996.
    The Committee understands that the Census Bureau, in 
cooperation with the Bureau of Economic Analysis, was involved 
in an interagency strategic planning process to improve the 
national economic statistical accounts. For years, the 
Committee has urged the Bureau to re-evaluate and reprioritize 
its programs, and eliminate or privatize low-priority programs, 
but has failed to see sufficient progress on this front. The 
Committee believes improvements in these areas should be a top 
priority of the Census Bureau, and notes that the BEA has 
already undertaken a successful effort to reprioritize its 
programs in order to devote additional resources to these 
areas. The Committee believes the Census Bureau, working with 
BEA, should undertake a similar streamlining process, and 
directs the Bureau to conduct such a review and report back to 
the Committee, no later than November 1, 1996, with a plan to 
streamline its programs and implement improvements in the 
national economic statistical accounts.
    This appropriation provides for the current statistical 
programs of the Bureau of the Census, which include the 
measurement of the Nation's economy and the demographic 
characteristics of the population. These programs are intended 
to provide a broad base of economic, demographic, and social 
information used for decision making by governments, private 
organizations, and individuals. The Committee expects the 
Bureau to be fully reimbursed for any survey requested by any 
other Federal agency or private organization.

                     Periodic Censuses And Programs

    The Committee recommends $205,100,000 for periodic censuses 
and related programs for fiscal year 1996. This amount is a 
reduction of $43,590,000 from the budget request and an 
increase of $55,000,000 above the amount provided for fiscal 
year 1996.
    This appropriation account provides for decennial and 
quinquennial censuses, and other programs which are cyclical in 
nature. Additionally, individual surveys are conducted for 
other Federal agencies on a reimbursable basis.
    The following chart represents the distribution of funding 
provided by the recommendation:

Economic censuses.......................................     $25,000,000
Census of governments...................................       2,000,000
Intercensal demographic estimates.......................       5,400,000
Year 2000 Decennial census..............................      84,110,000
Continuous measurement..................................      11,000,000
Sample redesign.........................................       3,800,000
CASIC...................................................       6,000,000
Geographic Support......................................      43,000,000
Data processing systems.................................      24,790,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     205,100,000

    The Committee remains concerned that the Bureau has failed 
to take sufficient steps to establish priorities given the 
budgetary realities facing the Federal government. While the 
Committee supports the progress the Bureau has made in 
eliminating certain programs from its budget, more needs to be 
done. Therefore, the Committee directs the Bureau to undertake 
a thorough review of all of the non-decennial programs funded 
in this account, and submit a long-term implementation plan to 
the Committee no later than November 1, 1996 for privatizing 
and/or eliminating unnecessary or low priority programs to 
enable the Bureau to continue meeting its mandates in an era of 
reduced budgets.
    Year 2000 Census.--The Committee has provided a $55,000,000 
increase in the overall account for decennial-related 
activities, including a $35,285,000 increase for the Year 2000 
Decennial Census.
    The Committee's experience with the 1990 Decennial Census 
was that it cost too much, was over budget, and produced 
results that have been questioned ever since. The Committee is 
concerned that the Census Bureau does not have a plan in place 
that accurately predicts and budgets for the costs of the Year 
2000 Census, regardless of the methodology chosen. The 
Committee is concerned that the Bureau appears not to have 
developed options and alternative plans to address issues of 
accuracy and cost that would be of utmost utility to the 
Committee and the Congress. Therefore, the Committee expects 
the Bureau, in consultation with the appropriate authorizing 
committees, to develop and submit a plan to the Committee for 
expenditure of the increases provided in accordance with 
Section 605 of the accompanying bill, prior to expenditure of 
such funds.
    Further, the Committee is disturbed that sufficient 
progress has not been made on issues the Committee has 
highlighted many times--the number of questions included in the 
long-form, and reimbursement from other agencies for inclusion 
of such questions to assure that the question is important and 
useful enough to warrant the requesting agency's willingness to 
pay for it. Therefore, the Committee expects the Bureau, 
working with the Office of Management and Budget, to submit a 
plan, not later than September 1, 1996, to include the 
following: (1) allocation of the costs of long-form among the 
federal users of this data; (2) number of questions proposed 
for elimination and the necessary statutory changes required.

       National Telecommunications and Information Administration

    The Committee recommends a total of $46,740,000 for the 
National Telecommunications and Information Administration 
(NTIA) for fiscal year 1997. This amount is $41,235,000 less 
than the budget request, and is $7,260,000 less than the amount 
appropriated for the current fiscal year.

                         Salaries And Expenses

    The Committee recommends $15,000,000 for the Salaries and 
Expenses appropriation of the National Telecommunications and 
Information Administration. This amount is a reduction of 
$3,478,000 from the budget request, and a decrease of 
$2,000,000 below the amount appropriated for fiscal year 1996. 
The Committee recommendation assumes an additional $5,000,000 
will be available to the NTIA through reimbursements from other 
agencies for the costs of providing spectrum management, 
analysis and research services to those agencies, thus 
providing NTIA with its full base budget in fiscal year 1997. 
The Committee notes that actual cost to NTIA for providing 
spectrum-related services to its customers is in excess of 
$12,000,000. The Committee expects NTIA to work with the Office 
of Management and Budget and its Federal customers to achieve 
full reimbursement for this function, and expects the fiscal 
year 1998 budget to move substantially in the direction of full 
cost recovery for these functions.

       public broadcasting facilities, planning and construction

    The Committee recommends $10,250,000 for planning and 
construction grants for public television, radio, and non-
broadcast facilities. The Committee recommendation is a 
decrease of $5,250,000 below the amount appropriated for this 
program in fiscal year 1996, and an increase of $2,250,000 
above the budget request. This amount will allow the 
continuation of the existing equipment and facilities 
replacement program although at a decreased level from fiscal 
year 1996.
    While the Committee expects non-Federal funds to be used to 
the maximum extent possible in the maintenance of this 
infrastructure, the Committee notes that in many areas, 
particularly rural or disadvantaged locales, there are 
insufficient resources to provide for maintenance and upgrades 
of the facilities. Therefore, the Committee has provided 
funding above the request for this program to ensure that 
adequate resources are available to maintain a targetted 
program for areas where alternative financing is not available.
    The Committee has included language in the bill which 
permits not to exceed $1,500,000 to be available for program 
administration as authorized by law, as well as language 
carried in the appropriations bill for many years which permits 
prior year unobligated balances to be available for grants for 
projects for which applications have been submitted and 
approved during any fiscal year.

            endowment for children's educational television

    The Committee recommends no funding for the Endowment for 
Children's Television for fiscal year 1997. No funding was 
provided to this program in fiscal 1996. The budget requested 
$2,497,000 for this program in fiscal year 1997.
    These grants are duplicative of programs funded under other 
agencies and through the private sector and have no 
relationship to other NTIA mission activities.

                   information infrastructure grants

    The Committee recommends $21,490,000 for the Information 
Infrastructure Grants program for demonstrations of new 
telecommunications technology applications. This amount is 
$37,510,000 below the budget request, and a decrease of $10,000 
below the amount available for fiscal year 1996.
    The Committee has also included language in the bill, 
carried in fiscal year 1996, making $3,000,000 of the funds 
provided under this heading available for program 
administration and related program support activities. The bill 
also includes recommended bill language which will allow up to 
five percent of this appropriation to be available for 
telecommunications research activities directly related to the 
development of a national information infrastructure (NII).
    The Committee believes this program adds an important 
element to the development of the national information 
superhighway. The Committee believes the national information 
superhighway will be of particular value to underserved and 
rural areas. This emerging telecommunications infrastructure 
will allow more remote areas to gain access to enhanced 
education, health care, and social services, as well as provide 
enhanced economic opportunities. Therefore, the Committee 
expects NTIA to give particular consideration to applications 
which would lead to increased telecommunications access in 
areas where such service is not readily available.

                      Patent and Trademark Office

                         salaries and expenses

    The bill provides $100,000,000 for the Salaries and 
Expenses appropriation of the Patent and Trademark Office 
(PTO). The amount provided is to be appropriated from amounts 
paid into the Patent Fee Surcharge Fund. This amount is a 
decrease of $15,000,000 below the budget request, and is 
$18,748,000 above the amount provided from the Fund for fiscal 
year 1996. The amount included in this bill is in addition to 
the anticipated offsetting fee collections of $601,723,000 
available directly to the Patent and Trademark Office, 
resulting in a total availability of $701,723,000 for fiscal 
year 1997, compared to $614,470,000 for the current fiscal 
year. The Committee has provided this increase in recognition 
of the critical role the PTO plays in spurring technological 
development and U.S. competitiveness.
    However, as has been the practice in previous years, the 
Committee has not provided the total amount requested from the 
Patent Fee Surcharge Fund for fiscal year 1997. The Committee 
is scored against its overall funding allocation for 
appropriating fees from this Special Fund and must give this 
account the same consideration as other funding requests when 
determining appropriate funding levels. The Committee 
recommendation will result in a total of $103,652,000 in 
cumulative unappropriated balances available in the Patent Fee 
Surcharge Fund. The Committee notes that this situation was 
created under the Omnibus Budget Reconciliation Act (OBRA) of 
1990, and continued in OBRA of 1993, under which the increase 
in patent fees was diverted to offset the Federal deficit 
through fiscal year 1998.
    The Committee is concerned that legislation soon to be 
considered by the Congress will extend this practice through 
the year 2002. This legislation may exacerbate this shortfall 
in funding by providing the proposed PTO government corporation 
authority to borrow, subject to appropriations, to meet up to 
$700,000,000 in facility and automation needs. Given declining 
discretionary spending caps, this may not be a realistic 
approach to addressing PTO's needs.
    The Committee is very concerned about the decision by the 
Commissioner of Patents and Trademarks to enter into an 
agreement with the People's Republic of China to share the 
United States patent database, and the impact this agreement 
may have on the integrity of the U.S. system and potential for 
piracy of U.S. innovations. The Committee intends that none of 
the funds in this account be used to implement this agreement, 
and expects the PTO to submit a report, not later than November 
1, 1996, on the amount of resources spent to date on this 
agreement and the status of its implementation.
    The Patent and Trademark Office is charged with 
administering the patent and trademark laws of the United 
States. PTO examines patent applications, grants patent 
protection for qualified inventions, disseminates technological 
information disclosed in patents. PTO also examines trademark 
applications and provides Federal registration to owners of 
qualified trademarks.

                         SCIENCE AND TECHNOLOGY

             National Institute of Standards and Technology

    The Committee recommends a total of $468,400,000 for the 
appropriations accounts under the National Institute of 
Standards and Technology (NIST) for fiscal year 1997. This 
amount is a reduction of $357,584,000 from the budget request, 
and is a decrease of $151,174,000 below the amounts 
appropriated for fiscal year 1996. A description of each 
account and the Committee recommendation follows:

             Scientific And Technical Research And Services

    The Committee has provided $268,000,000 for the Scientific 
and Technical Research and Services (core programs) 
appropriation of the National Institute of Standards and 
Technology. This amount is a reduction of $2,744,000 from the 
budget request and an increase of $9,330,000 above the fiscal 
year 1996 appropriation. The amounts provided for this account 
reflect the Committee's continuing commitment to providing 
resources for basic research programs that benefit the nation's 
industries. The Committee notes that, in an era of declining 
budgets, the core programs of NIST have received significant 
support, and are one of the few programs in the Department to 
receive an increase over the current fiscal year.
    The following is a breakdown of the amounts provided under 
this account by activity, reflecting the priorities included in 
the budget request and in the House-passed Omnibus Civilian 
Science Authorization (H.R. 3322). This distribution should be 
used as the basis for any proposed reprogramming of funds:

Electronics and Electrical Engineering..................     $37,100,000
Manufacturing Engineering...............................      18,500,000
Chemical Science and Technology.........................      32,000,000
Physics.................................................      27,000,000
Material Sciences and Engineering.......................      52,000,000
Building and Fire Research..............................      12,000,000
Applied Mathematics & Scientific Computing..............      41,500,000
Technology Assistance...................................      18,000,000
Baldrige Quality Awards.................................       2,900,000
Research Support........................................      27,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, STRS.......................................     268,000,000

    The Committee remains concerned about the rapid growth of 
overseas personnel from non-foreign affairs agencies. The 
Committee continues the directive included in last year's 
report disapproving of the placement of any additional NIST 
personnel overseas.
    Quality Program.--The Committee has provided $2,900,000 for 
the base NIST Quality Program, which includes the Malcolm 
Baldrige National Quality Award. The Committee fully endorses 
the continuation of the basic Baldrige award program, but has 
not provided funds to support any new programs.

                     industrial technology services

    The Committee recommends $200,400,000 for the Industrial 
Technology Services appropriation of the National Institute of 
Standards and Technology. This amount is $100,527,000 below the 
current appropriation available for fiscal year 1996, and is 
$249,600,000 below the budget request.
    Manufacturing Extension Partnership Program: The Committee 
has included $89,900,000 for the Manufacturing Extension 
Partnership (MEP) Program. The recommendation provides the 
following:

Regional Programs.......................................     $81,100,000
National Programs/Administration........................       8,800,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, MEP........................................      89,900,000

    The recommendation provides the full amount requested for 
continuation of eligible existing centers, including the 
rollover costs of the remaining 15 Centers originally funded 
under the Technology Reinvestment Program under the Defense 
Department. The bill does not include proposed language 
allowing the Centers that have already reached their statutory 
six-year time limitation to continue to be funded beyond their 
current six-year contract. The Committee believes such a change 
is more appropriately addressed through the authorization 
process. The Committee notes that reauthorization for the MEP 
program, which recently passed the House, did not include any 
changes to this statutory limitation.
    The Committee is aware that NIST is currently in the 
process of completing the final competition for new Centers, 
and encourages NIST to give special consideration to locating 
additional Centers in rural areas to ensure that such areas 
have access to these services.
    Advanced Technology Program: The Committee provides 
$110,500,000 for the Advanced Technology Program (ATP). The 
recommendation includes bill language prohibiting the use of 
any funds, including prior year carryover, from being used for 
new competitions. The recommendation provides sufficient 
funding to pay the continuation costs of awards previously made 
to small businesses which are least likely to have available 
private financing. The Committee notes that of the 280 ATP 
awards made to date, major U.S. corporations have been the 
beneficiary, in whole or part, of 51% of all awards. Some major 
corporations have benefited from as many as 18 awards. In light 
of its commitment to balance the federal budget, the Committee 
cannot justify the expenditure of scarce federal resources to 
provide grants to supplement the R&D budgets of major 
corporations which have the very best access to private sources 
of financing and are the ultimate beneficiaries of the 
successful commercialization of these projects.

                  construction of research facilities

    The Committee does not recommend any new funding under this 
account for construction of NIST facilities. This amount is a 
decrease of $59,977,000 below the amount appropriated for the 
current fiscal year, and is $105,240,000 below the budget 
request.
    Last September, at a time when Congress was considering a 
rescission of $152,933,000 in this account, NIST obligated 
$51,600,000 in balances in this account. The Committee 
discovered these funds were obligated for long-term design and 
construction management activities for work that may not begin 
for several years, if at all. A review by the Department's 
Inspector General determined that $31,800,000 of these funds 
were obligated in violation of federal government contracting 
regulations and were of questionable programmatic value. The 
Committee does not find acceptable the obligation of funds for 
projects that have not yet been given final approval by the 
Congress, and in a manner which violated federal government 
contracting regulations.
    The Committee understands that the Department, in response 
to the Inspector General's findings, has now determined that at 
least $20,000,000 of the $31,800,000 originally considered 
obligated are not, in fact, obligated and will carry over into 
fiscal year 1997 and be available for expenditure for other 
purposes. Therefore, the Committee has provided no additional 
funding for this appropriation. The Committee expects NIST to 
utilize the $20,000,000 in unobligated funds to meet NIST's 
high-priority facilities maintenance projects.
    In addition, the Committee is concerned that NIST has 
failed to realistically prioritize its short and long-term 
facilities needs to reflect budgetary realities, although 
directed to do so in the fiscal year 1996 House report. While 
supportive of efforts to address the technical obsolescence of 
NIST facilities, the Committee believes a reassessment is 
necessary in light of reduced program and staffing levels and 
overall fiscal constraints. Thus, the Committee has provided no 
funding for new construction projects. The Committee is 
deferring action on additional major construction projects for 
NIST, pending a re-evaluation by NIST of its long-term 
facilities needs.
    This program supports all NIST activities by providing the 
facilities necessary to carry out the NIST mission. The 
Institute has proposed a multiyear effort to construct advanced 
technology laboratories and to renovate NIST's current 
buildings and laboratory facilities in compliance with more 
stringent science and engineering program requirements.

            National Oceanic and Atmospheric Administration

    The Committee recommends a total of $1,778,846,000 in new 
budget (obligational) authority for the eight appropriation 
items of the National Oceanic and Atmospheric Administration 
(NOAA), transfers totaling $66,000,000 and fees totaling 
$3,000,000. This amount is a decrease of $243,383,000 below the 
budget request for these items and a decrease of $79,915,000 
below the amounts appropriated under these accounts for fiscal 
year 1996.

  Operations, Research, And Facilities (including transfers of funds)

    The bill includes $1,738,200,000 in new budget 
(obligational) authority for the fisheries, marine, weather, 
environmental, satellite, and other programs funded in this 
appropriation. This amount is a reduction of $236,015,000 from 
the budget request and is a decrease of $55,584,000 below the 
amount appropriated for fiscal year 1996.
    In addition to the new budget authority provided, the 
Committee recommends a transfer of $66,000,000 from balances in 
the account entitled, ``Promote and Develop Fishery Products 
and Research Pertaining to American Fisheries.'' This amount is 
equal to the balances in the fund, and is $4,932,000 above the 
budget request. The recommendation assumes that the full amount 
of transfers into the Promote and Develop Fund in fiscal year 
1997 will be transferred to this appropriation. In addition, 
the Committee understands that as much as $11,000,000 derived 
from carryover balances from previous years will remain in the 
Promote and Develop Fund in fiscal year 1997 to support the 
Saltonstall-Kennedy grant program. The total amount provided 
also includes a transfer of $5,276,000 from the Damage 
Assessment Revolving Fund, as included in the budget request. 
In addition, the recommendation expects NOAA to use 
$1,700,000 from the Federal Ship Financing Fund to cover 
administrative expenses related to that account.
    Language is included in the bill which allows NOAA to 
collect additional fees to recover some of the costs of 
administering the aeronautical charting program. The language 
allows these fees to be credited to this appropriation as 
offsetting collections, and will result in a final 
appropriation from the General Fund of $1,735,200,000. The bill 
also includes language allowing NOAA to retain gifts and 
contributions made under the Marine Sanctuary Program. The 
Committee expects NOAA to fully utilize the authorities 
provided for both of these programs.
    Language is also included in the bill establishing a 
maximum level of $2,000,000 per State under the Coastal Zone 
Management administrative grant program. This is similar to 
language included in previous years appropriations acts.
    The Committee recommendation reflects prior year 
deobligations and carryover funding totaling $29,000,000. The 
Committee is increasingly concerned with NOAA's inability to 
accurately project its funding requirements for any given 
fiscal year. In response to a request from the Committee 
earlier this year for estimated carryover balances, NOAA 
responded that it would have no carryover from fiscal year 1996 
into fiscal year 1997. Yet, in the last five years, NOAA's 
carryover has ranged from $34,000,000 to $92,000,000. Further, 
as of March 31, 1996, only 37 percent of funds in the NOAA ORF 
account had been obligated, and recent estimates now indicate 
NOAA will have $25,000,000 in funding carrying over into fiscal 
year 1997. The Committee notes that NOAA created and filled the 
new position of Chief Financial Officer prior to seeking 
Committee approval. The Committee expects the NOAA CFO to take 
immediate steps to address its serious budgeting, accounting 
and financial management problems. The Committee stresses that, 
particularly given the budget constraints, it is critical that 
NOAA accurately project its yearly funding needs. Therefore, 
the Committee directs NOAA, through the Department of Commerce, 
to submit an operating plan for expenditure of funds available 
to NOAA in fiscal year 1997 based on the Committee's 
distribution as shown in the accompanying table, by January 15, 
1997, and to report to the Committee on a quarterly basis, the 
status of obligations against the Committee's distribution.
    The Committee continues to be concerned by the failure of 
NOAA to respond to its requests for cooperation in certain 
matters, and failure to follow up on information requests made 
by the Committee. Further, the Committee continues to be 
concerned with the cavalier approach NOAA takes to directions 
given in the Committee report, particularly direction related 
to items not included in the budget request. The Committee 
expects NOAA to follow the direction given in this section of 
the report as well as the sections addressing the Committee's 
reprogramming requirements.
    The Committee wants to expeditiously complete a revised 
budget structure that meets the needs of the Committee and NOAA 
management, as directed in both the House Report (H. Rept. 104-
196) and the Statement of Managers of the Conference Report 
accompanying the fiscal year 1996 appropriations Act. The 
Committee expects the Department of Commerce and NOAA to 
develop a revised budget structure that displays the amounts 
requested under a true program office and activity structure 
and to use this structure in the submission of its fiscal year 
1997 budget request. This budget structure should identify and 
segregate amounts requested for headquarters and field office 
components of various activities as well as indicate the 
amounts intended for external grants and contracts. The 
Committee reiterates its directive and expects the Department 
and NOAA to immediately take action to develop this structure 
for inclusion in its submission of the fiscal year 1998 budget 
request. The Committee expects the Department and NOAA to 
develop this budget structure in consultation with the 
Committee on Appropriations and the appropriate authorization 
committees, and expects the Department and NOAA to report back 
to the Committee no later than August 15, 1996 as to the 
progress of development of this revised budget structure.
    Language is included in the bill specifying the total 
amount of direct obligations available for each of the six NOAA 
activities funded through this account. The Committee has taken 
this action to provide greater clarity and accountability in 
budgeting and management for the diverse activities funded in 
this account.
    The following table compares the Committee recommendation 
to the 1996 enacted appropriation and the fiscal year 1997 
budget request for the activities, sub-activities, and projects 
funded in this appropriation.
    The following changes have been made to the accompanying 
table to reflect NOAA's changing operational requirements:
    Phase-out of the NOAA Corps.--On January 25, 1996, in 
response to the Vice-President's reinventing government 
initiative, the Administrator of NOAA announced the elimination 
of the NOAA commissioned Corps in fiscal year 1997. Therefore, 
the Committee recommendation includes language in the 
accompanying bill, providing for a phase out of the NOAA Corps 
by the end of fiscal year 1997. The recommendation places a 
limitation of not to exceed 200 commissioned officers as of 
April 1, 1997, and no commissioned officers as of September 30, 
1997. The Committee understands that legislative changes are 
necessary to facilitate this action, and is disturbed that NOAA 
has yet to transmit its legislative package to the Congress 
detailing the necessary statutory changes. The Committee urges 
NOAA to move expeditiously to provide the proposed legislation 
to Congress by August 1, 1996.
    The Committee notes that NOAA is estimated to have 315 
commissioned officers on-board at the beginning of fiscal year 
1997, of which 124 will be eligible for retirement if the 
agency makes use of all the statutory retirement authorities 
provided. These retirements will enable NOAA to achieve 
additional permanent FTE reductions and budgetary saving. 
Therefore, it is the Committee's expectation that this phase 
out will result in significant permanent FTE reductions and 
budgetary savings.
    Elimination of Marine Services.--As NOAA's fleet continues 
to age and NOAA-owned vessels are taken out of service, the 
agency is seeking services for acquisition of data from private 
contractors and/or in conjunction with academic research 
vessels. This situation will become even more critical as the 
overall fiscal constraints preclude major investments in the 
replacement of vessels. Now, more than ever, it is critical 
that NOAA seek alternatives to meet its data collection needs. 
Previously, NOAA-wide data acquisition activities were 
centralized under the Marine Services subactivity within 
Program Support which then allocated ship-time to the NOAA line 
offices. The Committee eliminates the separate Marine Services 
item and provides funding directly to the line offices (NOS, 
NMFS, and OAR) under a new line item, Data Acquisition. The 
Committee believes that the program managers in the line 
offices are best equipped to determine how to meet their 
operational needs, and believes that providing funding directly 
to the line offices creates an incentive for program managers 
to acquire ship-time and data in the most cost-effective and 
efficient manner. The Committee intends that the line offices 
have full discretion in determining how best to meet their data 
collection needs in the most cost-effective manner whether that 
is the use of contracting for private services, the use of 
other government or academic vessels, or the use of existing 
NOAA vessels. The Committee does not intend for NOAA to use 
this funding simply to support the status quo when determining 
whether to contract out for services. To facilitate contracting 
out, the Committee encourages the Secretary to use the study 
waiver provision of OMB Circular A-76 to the greatest possible 
extent when sufficient cost comparison information is 
available, including information provided by the Department of 
Commerce Inspector General.

               NOAA OPERATIONS, RESEARCH, AND FACILITIES

                         NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION--FY 1997 BUDGET                        
                                            [In thousands of dollars]                                           
----------------------------------------------------------------------------------------------------------------
                                                                   FY 1996                        FY 1997 House 
                                                                Appropriation   FY 1997 Request     Allowance   
----------------------------------------------------------------------------------------------------------------
                    NATIONAL OCEAN SERVICE                                                                      
                                                                                                                
Navigation Services:                                                                                            
    Mapping and Charting.....................................          36,500           38,586           38,000 
    Geodesy..................................................          20,167           20,330           20,330 
    Tide and Current Data....................................          11,000           11,679           11,000 
                                                              --------------------------------------------------
        Total, Navigation Services...........................          67,667           70,595           69,330 
                                                              ==================================================
Ocean Resources Conservation and Assessment:                                                                    
    Estuarine and Coastal Assessment.........................           2,674            2,674            2,674 
        Ocean assessment program.............................          21,925           24,204           12,600 
        Damage assessment....................................           1,200            3,200            2,200 
        Transfer from Damage Assessment Fund.................           6,550            5,276            5,276 
        Oil Pollution Act of 1990............................           1,000            1,000            1,000 
        Ocean Services.......................................           3,000            3,000            2,500 
                                                              --------------------------------------------------
            Subtotal.........................................          36,349           39,354           26,250 
                                                              ==================================================
    Coastal Ocean Science: Coastal ocean program.............          11,500           14,841           11,700 
                                                              --------------------------------------------------
        Total, Ocean Resources Conserv. & Assess.............          47,849           54,195           37,950 
                                                              ==================================================
Ocean and Coastal Management:                                                                                   
    Coastal Management:                                                                                         
        CZM grants...........................................          46,200           46,200           46,200 
        Estuarine research reserve system....................           1,000            4,088            1,000 
        Nonpoint pollution control...........................  ...............           2,552   ...............
                                                              --------------------------------------------------
            Subtotal.........................................          47,700           52,840           47,200 
                                                              ==================================================
    Ocean Management:                                                                                           
        Marine sanctuary program.............................          11,685           11,876           10,000 
                                                              --------------------------------------------------
            Subtotal.........................................          11,685           11,876           10,000 
                                                              --------------------------------------------------
        Total, Ocean and Coastal Management..................          59,385           64,716           57,200 
                                                              ==================================================
Acquisition of Data \1\......................................  ...............  ...............          16,495 
                                                              --------------------------------------------------
    Total NOS................................................         174,901          189,506          180,975 
                                                              ==================================================
                                                                                                                
              NATIONAL MARINE FISHERIES SERVICE                                                                 
                                                                                                                
Information Collection & Analyses:                                                                              
    Resource Information.....................................          83,171           95,285           87,000 
        Antarctic research...................................           1,200            1,200            1,200 
        Chesapeake Bay Studies...............................           1,500            1,500            1,890 
        Right whale research.................................             200              200              200 
        MARFIN...............................................           3,000            3,000            3,000 
        SEAMAP...............................................           1,200            1,200              900 
        Alaskan groundfish surveys...........................             661              661              661 
        Bering Sea pollock research..........................             945              945              945 
        West Coast groundfish................................             780              780              780 
        New England stock depletion..........................           1,000            1,000            1,000 
        Hawaii stock management plan.........................             500   ...............  ...............
        Yukon River chinook salmon...........................             700              700              700 
        Atlantic salmon research.............................             710              710              500 
        Gulf of Maine groundfish survey......................             567              567              567 
        Dolphin/Yellowfin Tuna Research......................             250              250              250 
        Habitat research/evaluation..........................             450              450              450 
        Pacific salmon treaty program........................           5,587            5,587            5,000 
        Fisheries Cooperative Inst...........................             410              410              410 
        Hawaiian monk seals..................................             500              500   ...............
        Stellar sea lion recovery plan.......................           1,440            1,440            1,440 
        Hawaiian sea turtles.................................             240              240   ...............
        Bluefish/Striped Bass................................  ...............  ...............             785 
        Halibut/Sablefish....................................           1,200            1,200            1,200 
        Gulf of Mexico Mariculture...........................  ...............  ...............             300 
                                                              --------------------------------------------------
            Subtotal.........................................         107,461          117,825          109,178 
                                                              ==================================================
    Fishery Industry Information:                                                                               
        Fish statistics......................................          13,000           13,481           13,000 
        Alaska groundfish monitoring.........................           5,200            5,200            5,200 
        PACFIN/catch effort data.............................           3,000            3,000            3,000 
        Rec. fishery harvest monitoring......................           2,900            2,900            2,900 
                                                              --------------------------------------------------
            Subtotal.........................................          24,100           24,581           24,100 
                                                              ==================================================
  Information Analyses & Dissemination.......................          20,913           21,471           18,400 
        Computer hardware and software.......................           4,000            4,000            4,000 
                                                              --------------------------------------------------
            Subtotal.........................................          24,913           25,471           22,400 
                                                              --------------------------------------------------
        Total, Info., Collection, & Analyses.................         156,474          167,877          155,678 
                                                              ==================================================
Conservation and Management Operations:                                                                         
    Fisheries Management Programs............................          19,500           25,597           18,000 
        Columbia River hatcheries............................          10,300           10,300            9,000 
        Columbia River end. species studies..................             288              288              144 
        Regional councils....................................          10,200           10,200            9,500 
        International fisheries commissions..................             400              400              400 
        Management of George's Bank..........................             478              478              478 
        Beluga whale committee...............................             200   ...............             200 
        Pacific tuna management..............................           1,500            1,500            1,500 
                                                              --------------------------------------------------
            Subtotal.........................................          42,866           48,763           39,222 
                                                              ==================================================
    Protected Species Management.............................           6,225            6,750            5,000 
        Driftnet Act implementation..........................           3,278            3,278            2,500 
        Marine Mammal Protection Act.........................           9,000           10,250            8,000 
        Endangered Species Act recovery plan.................          13,000           14,800            7,000 
        Fishery observer training............................             417   ...............             417 
        East Coast observers.................................             350              350              350 
                                                              --------------------------------------------------
            Subtotal.........................................          32,270           35,428           23,267 
                                                              ==================================================
    Habitat Conservation.....................................           8,000           10,300            8,000 
    Enforcement & Surveillance...............................          15,800           17,790           15,800 
                                                              --------------------------------------------------
      Total, Conservation and Mgmt. Opns.....................          98,936          112,281           86,289 
                                                              ==================================================
State and Industry Assistance Programs:                                                                         
    Interjurisdictional fisheries grants.....................           2,600            2,600            2,000 
    Anadromous grants........................................           2,108            2,108            1,000 
    Anadromous fishery project...............................             250              250   ...............
    Interstate fish commissions..............................           4,000            4,000            4,000 
                                                              --------------------------------------------------
            Subtotal.........................................           8,958            8,958            7,000 
                                                              ==================================================
    Fisheries Development Program:                                                                              
      Product quality and safety/Seafood Inspection..........          14,624           14,624           14,000 
      Hawaiian Fisheries Development.........................             750   ...............  ...............
      Marine Biotechnology...................................           1,900            1,900   ...............
                                                              --------------------------------------------------
            Subtotal.........................................          17,274           16,524           14,000 
                                                              --------------------------------------------------
    Total, State & Industry Assist. Progs....................          26,232           25,482           21,000 
                                                              ==================================================
Acquisition of Data \1\......................................  ...............  ...............          29,940 
                                                              --------------------------------------------------
    Total, NMFS..............................................         281,642      305,640 \3\          292,907 
                                                              ==================================================
                                                                                                                
               OCEANIC AND ATMOSPHERIC RESEARCH                                                                 
                                                                                                                
Climate and Air Quality Research:                                                                               
    Interannual & Seasonal/Climate & Global..................          65,500           76,712           67,000 
    GLOBE....................................................  ...............           7,000   ...............
                                                              --------------------------------------------------
            Subtotal.........................................  ...............          83,712           67,000 
                                                              ==================================================
    Long-Term Climate & Air Quality Research.................          27,272           29,402           27,272 
      VENTS..................................................           2,500   ...............  ...............
      High Performance Computing.............................           6,500            9,567            6,500 
                                                              --------------------------------------------------
            Subtotal.........................................          36,272           38,969           33,772 
                                                              ==================================================
    Total, Climate and Air Quality...........................         101,772          122,681          100,772 
                                                              ==================================================
Atmospheric Programs:                                                                                           
    Weather Research.........................................          33,613           33,905           33,613 
    Wind profiler............................................           4,350            4,350            4,350 
                                                              --------------------------------------------------
            Subtotal.........................................          37,963           38,255           37,963 
                                                              ==================================================
    Solar/Geomagnetic Research...............................           5,483            5,511            5,219 
                                                              --------------------------------------------------
    Total, Atmospheric Program...............................          43,446           43,766           43,182 
                                                              ==================================================
Ocean and Great Lakes Programs:                                                                                 
    Marine Prediction Research...............................          10,226            9,608           10,608 
        GLERL................................................           5,200            5,200            5,200 
        Great Lakes sea lampricide...........................  ...............  ...............           4,099 
        VENTS................................................  ...............           2,500   ...............
                                                              --------------------------------------------------
            Subtotal.........................................          15,426           17,308           19,907 
                                                              ==================================================
    Sea Grant:                                                                                                  
        Sea grant college program............................          53,300           48,793           53,300 
                                                              --------------------------------------------------
            Subtotal.........................................          53,300           48,793           53,300 
                                                              ==================================================
    Undersea Research Program:                                                                                  
        NOAA Undersea Research Program.......................          12,000   ...............  ...............
                                                              --------------------------------------------------
            Subtotal.........................................          12,000   ...............  ...............
                                                              ==================================================
        Total, Ocean & Great Lakes Programs..................          80,726           66,101           73,207 
                                                              ==================================================
Acquisition of Data \1\......................................  ...............  ...............          14,665 
                                                              ==================================================
        Total, OAR...........................................         225,944          232,548          231,826 
                                                              ==================================================
                                                                                                                
                   NATIONAL WEATHER SERVICE                                                                     
                                                                                                                
Operations and Research:                                                                                        
    Local Warnings and Forecasts.............................         405,300          399,020          387,020 
        Radiosonde replacement...............................  ...............           4,255   ...............
        Susquehanna River Basin Flood Sys....................             669              669            1,000 
        Aviation forecasts...................................          35,596           35,596           35,596 
        Regional climate centers.............................           2,000   ...............           2,000 
                                                              --------------------------------------------------
            Subtotal.........................................         443,565          439,540          425,616 
                                                              ==================================================
    Central Forecast Guidance................................          28,193           29,543           28,193 
    Atmospheric and Hydrological Research....................           2,000            2,589            2,000 
                                                              --------------------------------------------------
        Total, Operations and Research.......................         473,758          471,672          455,809 
                                                              ==================================================
Systems Acquisition:                                                                                            
    Public Warning and Forecast Systems:                                                                        
        NEXRAD...............................................          53,335           53,145           53,145 
        ASOS.................................................          16,952           10,056           10,056 
        AWIPS/NOAAPort.......................................          50,000          119,800          100,000 
        Computer Facility Upgrades...........................          12,000           15,993           14,000 
                                                              --------------------------------------------------
        Total, Systems Acquisition...........................         132,287          198,994          177,201 
                                                              ==================================================
        Total, NWS...........................................         606,045          670,666          633,010 
                                                              ==================================================
                                                                                                                
   NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION                                                      
                           SERVICE                                                                              
                                                                                                                
Satellite Observing Systems:                                                                                    
    Polar spacecraft and launching...........................         174,765          147,644          147,300 
    Polar convergence/IPO....................................          39,500           78,200           19,000 
    Geostationary spacecraft and launching...................         153,106          205,922          171,480 
    Ocean remote sensing.....................................           4,000            1,552   ...............
    Environmental observing services.........................          49,000           53,615           49,000 
                                                              --------------------------------------------------
        Total, Satellite Observing Systems...................         430,371          486,933          386,780 
                                                              ==================================================
Environmental Data Management Systems........................          29,865           30,098           30,002 
    Data and Information Services............................          11,300           14,800           14,800 
                                                              --------------------------------------------------
        Total, EDMS..........................................          41,165       44,898 \4\       44,802 \4\ 
                                                              ==================================================
        Total, NESDIS........................................         471,536          531,831          431,582 
                                                              ==================================================
                                                                                                                
                       PROGRAM SUPPORT                                                                          
                                                                                                                
Administration and Services:                                                                                    
    Executive direction and administration...................          20,000           19,512           17,520 
    Systems Program Office (SPO).............................           1,500            1,497            1,497 
                                                              --------------------------------------------------
        Subtotal.............................................          21,500           21,009           19,017 
                                                              ==================================================
    Central Administrative Support...........................          33,000           35,573           31,000 
    Retired Pay Commissioned Officers........................           7,706            8,112            7,706 
                                                              ==================================================
        Total, Administration and Services...................          62,206           64,694           57,723 
                                                              ==================================================
    Marine Services \2\......................................          61,100           56,292   ...............
    Aircraft Services........................................           9,153           10,182            9,153 
                                                              --------------------------------------------------
        Total, Aircraft Services.............................           9,153           10,182            9,153 
                                                              ==================================================
        Total, PS............................................         132,459          131,168           66,876 
                                                              ==================================================
Direct Obligations...........................................       1,892,927        2,061,539        1,837,176 
                                                              ==================================================
Reimbursable Obligations.....................................         309,715          310,515          313,515 
New offsetting collections (data sales)......................  ...............           1,200            1,200 
Anticipated Collections......................................           3,000            3,000            3,000 
                                                              --------------------------------------------------
    Subtotal--Reimbursables..................................         312,715          314,715          317,715 
                                                              ==================================================
    Total obligations........................................       2,205,642        2,376,074        2,154,891 
                                                              ==================================================
                                                                                                                
Financing:                                                                                                      
                                                                                                                
    Deobligations............................................         (29,000)         (13,800)         (29,000)
    Fish Fees................................................  ...............         (10,000)  ...............
    Unobligated balance transferred, net.....................          (2,650)  ...............  ...............
    Federal Ship Financing Fund expenses.....................          (1,700)  ...............          (1,700)
    New offsetting collections (data sales)..................  ...............          (1,200)          (1,200)
    Anticipated offsetting collections.......................          (3,000)          (3,000)          (3,000)
    Federal funds............................................        (272,207)        (282,500)        (282,500)
    Non-federal funds........................................         (37,508)         (31,015)         (31,015)
                                                              --------------------------------------------------
    Subtotal--financing......................................        (346,065)        (341,515)        (348,415)
                                                              ==================================================
Budget authority.............................................       1,859,577        2,037,559        1,806,476 
                                                                                                                
Financing from:                                                                                                 
                                                                                                                
    Promote and develop American fisheries...................         (63,000)         (61,068)         (66,000)
    Damage assessment & restoration revolving fund...........          (3,900)          (5,276)          (5,276)
                                                              ==================================================
Appropriation, ORF...........................................       1,792,677        1,971,215        1,735,200 
----------------------------------------------------------------------------------------------------------------
\1\ Funding for this item previously appeared under Marine Services in Program Support.                         
\2\ Funding for this item appears under Acquisition of Data in NOS, NMFS, and OAR.                              
\3\ Budget request assumed $10,000,000 of this amount to be derived from new fisheries fees.                    
\4\ In addition to the direct appropriation provided in this item, the budget assumes up to $1,200,000 in       
  additional funding will be available for this activity through increased fee collections from data sales.     

                         National Ocean Service

    The Committee has included a total of $180,975,000 for 
activities of the National Ocean Service (NOS) for fiscal year 
1997, instead of $174,901,000 provided for fiscal year 1996 and 
$189,506,000 as requested.
    The preceding table reflects a reordering of the budget 
structure for NOS navigation-related activities to correspond 
more closely with the current NOS organizational and 
operational structure.
    Navigation Services.--The Committee has included 
$69,330,000 for NOAA's navigation services programs. This 
amount represents a $1,663,000 increase over the current fiscal 
year, and $1,265,000 below the request for these activities and 
programs. The accompanying table renames the Mapping, Charting 
and Geodesy subactivity ``Navigation Services'' to more clearly 
identify NOAA's navigation safety-related functions. In 
addition, the program previously named Observation Prediction 
under the Observation and Assessment subactivity is renamed and 
placed under Navigation Services as ``Tide and Current Data''.
    Mapping and Charting.--The Committee remains committed to 
the navigation safety programs of NOS. The $1,500,000 increase 
provided for mapping and charting functions will allow NOS to 
further increase the percentage of critical areas surveyed and 
hasten the implementation of NOAA's new digital charting 
system. The Committee notes that the level provided for this 
program reflects an 18 percent increase over the last two 
years. Further, the Committee expects NOAA to use not less than 
$6,000,000 of the funding provided to contract out with the 
private sector to conduct mapping and charting activities to 
ensure more cost-effective and timely acquisition of data.
    Geodesy.--The Committee has included $20,330,000 for NOAA's 
geodesy programs. The Committee has not included additional 
funding for the multipurpose land information systems (MPLIS) 
project because, in the fiscal year 1996 bill, the Committee 
directed NOAA to allocate prior year appropriated funds to 
complete the project as originally directed by Congress. 
Previously appropriated funds, combined with the $1,000,000 
provided in fiscal year 1996, provide the necessary resources 
to complete this program. NOAA's recent report to the 
Committee, stating that prior year appropriated funds are not 
available for completing the project, is unacceptable and 
incomplete. The Committee still remains concerned that 
previously appropriated funds were not allocated properly. 
Therefore, the Committee directs NOAA and National Geodetic 
Survey (NGS) to identify and provide the necessary funds to 
complete the MPLIS projects for Orleans Parish and the city of 
Sulphur from within existing funds, and report to the Committee 
by August 15, 1996 on provision of these funds.
    The Committee encourages NOAA to review the merits of a 
pilot project under the NGS to implement the North American 
Vertical Datum of 1988 (NAVD88) in California and in western 
North Carolina. NAVD88 would be used to provide accurate and 
safely identified civil engineering information by measuring 
vertical data. The Committee understands that NAVD88 is the 
appropriate replacement for the current vertical measurement 
system. This pilot project could demonstrate NAVD88's potential 
for integrating available technologies at the local level.
    Ocean Resources Conservation and Assessment.--The Committee 
recommends renaming the subactivity ``Observation and 
Assessment'' to ``Ocean Resources Conservation and Assessment'' 
to reflect the title of the office within NOS responsible for 
administering the programs found under this subactivity.
    Damage Assessment Restoration Program.--The Committee has 
included a $1,000,000 increase over the appropriation for the 
damage assessment program provided in fiscal year 1996 to 
offset the reductions in funds available for transfer from the 
Damage Assessment Restoration Revolving Fund.
    Coastal Ocean Program.--The recommendation includes 
$11,700,000 for this program, a slight increase over the 
current year appropriation. Within the increase provided, the 
Committee expects the Coastal Ocean managers to give highest 
priority to responding to the algae bloom in the Peconic 
Estuary system and adjacent Long Island waters that have 
devastated the recreational and commercial fishing industry. 
The continued efforts to understand the physiology of the brown 
tide organism and conduct a systematic and comprehensive 
mapping of the bottom of the Peconic system should be conducted 
as soon as possible to identify contaminants and profile the 
problems being experienced by the shellfish industry. The 
actions undertaken supplement the efforts of the Peconic 
Estuary Program. In addition, the Committee urges the COP to 
consider a national harmful algal bloom program that focuses on 
the causes of different types of blooms, including the red and 
brown tide bloom problems in the waters of Long Island, the 
Gulf of Maine, and the Gulf of Mexico. Further, the Committee 
urges consideration to be given to restoration of the South 
Florida Ecosystems, and expects that any program be conducted 
by utilizing the expertise of university partners in the area.
    Marine Sanctuary Program.--The Committee has included 
$10,000,000 for the National Marine Sanctuary Program. The 
Committee expects that the total overhead charged to the 
National Marine Sanctuaries Program for fiscal year 1997 will 
not be in excess of the program's demands on those resources. 
While the Committee has provided a reduction for this account 
below the current funding level, the Committee understands that 
NOAA is pursuing a revenue enhancement initiative to explore 
other voluntary, innovative means to identify partners and 
raise additional resources for the sanctuaries. In addition, 
the bill includes language, carried in previous years, allowing 
the collection of user fees for the sanctuaries. The Committee 
believes that, given these tools, and with continued diligence, 
additional resources will be made available to provide support 
to the sanctuaries program.
    The Committee is also aware of concerns related to the 
proposal to designate a new marine sanctuary site in Puget 
Sound, Washington. The Committee expects that no action will be 
taken to designate this site unless and until the communities 
impacted by the designation vote in the affirmative to do so.
    Coastal Zone Management (CZM).--The Committee has included 
$46,200,000 for CZM 306 and 306(a) grants, an amount equal to 
the request, and the same level as provided in fiscal year 
1996. Funding for CZM program administration is to be covered 
under amounts made available through the Coastal Zone 
Management Fund.
    In addition, the Committee has provided $1,000,000 for the 
National Estuarine Research Reserve program under this account, 
and an additional $3,300,000 under the separate appropriation 
from the Coastal Zone Management Fund, resulting in a total 
program level of $4,300,000, the same amount provided in the 
current fiscal year.
    Acquisition of Data.--As explained previously in the 
report, the Committee recommendation includes $16,495,000 under 
this new item within NOS to provide the NOS proportionate share 
of the funding that was previously provided NOAA-wide in the 
Marine Services subactivity under Program Support to allow NOS 
to decide how best to obtain ship-time and data.

                   National Marine Fisheries Service

    The Committee has provided a total of $292,907,000 for the 
programs of the National Marine Fisheries Service (NMFS), 
including $29,940,000 for data collection activities previously 
funded under Program Support. The request included $305,640,000 
for NMFS, and $281,642,000 was provided in fiscal year 1996. 
The Committee notes that the budget request assumed that 
$10,000,000 of total funding for NMFS would be provided through 
new fisheries fees. The Committee has not provided increases 
for those items proposed to be funded by fees, because such 
fees are not likely to be enacted.
    The Committee has prioritized funds provided to NMFS to 
reflect the Committee's commitment to building sustainable 
fisheries. The Committee's actions reflect the fact that the 
key to any actions related to the building of sustainable 
fisheries lies in the ability to accurately assess the status 
of the stock. Early assessment enables more accurate and timely 
decisions by managers of the resource to ensure continued 
viability of the resource. Thus, the Committee has placed the 
highest priority on, and provided increases for, programs and 
activities which ensure that NMFS and its resource management 
partners have access to the necessary information to make 
fishery management decisions.
    Conservation Management and Operations.--Given the overall 
funding constraints facing the Committee and the critical need 
for additional resources in resource information and collection 
activities, the Committee recommendation has reduced funding in 
some activities under Conservation Management and Operations. 
The Committee notes that the budget request assumed a number of 
legislative changes giving NOAA additional responsibilities in 
these areas, which have yet to be enacted, and proposed new 
fish fees to offset some of the requested increases, which are 
unlikely to be enacted.
    Further, the Committee notes that these programs have had 
carryover funds ranging from $3,000,000 to $4,000,000 every 
year for the last four years. The recommendation assumes that 
the same level of carryover will be available in these programs 
in fiscal year 1997. For example, the Committee notes that of 
the $13,000,000 provided in the current fiscal year for 
endangered species recovery plans, NMFS has only spent 
$1,262,000 as of May 31, 1996. Therefore, the Committee expects 
that the funding levels provided, combined with carryover, will 
provide sufficient funding to carry out the conservation and 
management programs.
    Sea Turtle Protection.--The Committee expects NMFS to 
continue to improve its activities in the area of protecting, 
recovering and improving beach monitoring of the Kemps Ridley 
and other sea turtles. The Committee understands that NMFS is 
providing $300,000 in fiscal year 1996 for these activities. 
The Committee directs NMFS, within the amounts provided for 
conservation and management activities, to continue to provide 
not less than that amount in fiscal year 1997 for ongoing 
efforts at Rancho Nuevo to (1) protect and enhance sea turtle 
recovery efforts; (2) establish a standardized statistical Sea 
Turtle Stranding Network; and (3) assist sea turtle nesting and 
hatchling programs in the U.S. and at Rancho Nuevo.
    Sea Turtle/Shrimp Emergency Response Plan.--In response to 
the Committee's concerns and reporting requirements included in 
the fiscal year 1996 Appropriations Act, NOAA and NMFS have 
provided some information on sea turtle conservation and shrimp 
fishery issues. However, the Committee is aware that several 
important requirements have not been addressed. The Committee 
reiterates its serious concern over the situation that NOAA and 
the Department continue to move forward to impose more 
stringent shrimp fishing regulations without first addressing 
the fundamental need for such regulations and despite the fact 
that the shrimp fishermen are complying with the existing 
restrictions at a 97 to 99 percent rate. The Committee directs 
NOAA and NMFS to continue to comply with the reporting 
requirements and direction included in the 1996 Omnibus 
Appropriations Conference Report (House Report 104-537). 
Further, the Committee is aware that NMFS contracted for a new 
shrimp fishing regulation compliance study that was conducted 
with minimal direct participation from the industry 
organizations and leaders. The Committee directs NMFS and NOAA 
to improve the process of notifying and allowing participation 
from the industry on such important issues.
    Resource Information.--The Committee has provided 
$87,000,000 for this activity. The Committee expects NMFS to 
give priority to the marking of hatchery salmon at Mitchell Act 
facilities consistent with marking programs already being 
managed by the States of Oregon and Washington.
    Aquaculture.--The Committee expects NMFS to continue 
supporting its aquaculture programs out of base resources, as 
proposed in the budget request, and as provided in fiscal year 
1996.
    The Committee expects NOAA to consider and give priority 
under the Saltonstall-Kennedy grant programs, as well as other 
NOAA programs, to a proposal for a marine aquaculture program 
testing technology transfer through the Marine Stock 
Enhancement Consortium.
    Winter Run Chinook Salmon.--The Committee is aware of 
concerns about recent actions taken by NMFS in the San 
Francisco Bay-Delta region. NMFS is urged to solicit 
information from, and consult with, the Pacific Fishery 
Management Council during consideration of management decisions 
under Sections 7 and 10 of the Endangered Species Act as they 
pertain to winter run chinook salmon. NMFS is further urged to 
work cooperatively with the Council on the implementation of 
recovery plans for this species.
    North Atlantic Right Whale.--The Committee is increasingly 
concerned about the decreasing population of the North Atlantic 
right whale. A record number of documented right whale deaths 
have occurred this year, and it is estimated that there are 
only 300 surviving whales. In addition, due to a decline in 
calf production, the North Atlantic right whale is in danger of 
extinction. Therefore, the Committee urges NOAA to identify and 
reduce the actions associated with the right whale's decline, 
including sources of right whale mortality and reproductive 
declines, and to increase the monitoring of the population and 
habitat to evaluate its status.
    Gulf of Mexico Mariculture.--The Committee has provided 
funding to initiate a mariculture project to increase fisheries 
production utilizing the existing extensive system of offshore 
oil and gas production platforms.
    Atlantic Bluefish/Striped Bass.--The Committee 
recommendation includes funding to study the decline of 
nearshore Atlantic bluefish stocks, including an examination of 
the relationship between bluefish and striped bass populations, 
changes in bluefish food stocks, and whether the stocks have 
declined or merely moved offshore, and other relevant factors.
    RECFIN.--The Committee has provided $2,900,000 for the 
RECFIN program. The Committee expects that the programs for the 
West Coast, Atlantic States, and Gulf States shall each receive 
one-third of these funds. Funding for any supplemental region-
specific projects is to be derived from the overall ``Fish 
Statistics'' line item.
    Interstate Fish Commissions.--The recommendation includes 
$4,000,000 for interstate fish commissions. The Committee 
directs that $600,000 be provided to the three interstate 
commissions, with the remaining $3,400,000 provided for 
implementation of the Atlantic Coastal Fisheries Cooperative 
Management Act.
    Acquisition of Data.--As explained previously in the 
report, the Committee recommendation includes $29,940,000 under 
this new item within NMFS to reflect the elimination of the 
Marine Services subactivity under Program Support. The amount 
provided is based on the line office's proportionate usage of 
marine service funds.
    The Committee expects NOAA to include as a priority under 
the Saltonstall-Kennedy grant program, proposals for research 
and education efforts directed at the protection of high-risk 
consumers from naturally occurring bacteria associated with raw 
molluscan shellfish. Specifically, the Committee expects 
$250,000 in S-K funds to be provided to support ongoing efforts 
by the Interstate Shellfish Sanitation Conference (ISSC) in 
addressing concerns associated with Vibrio vulnificus.
    The Committee encourages NMFS to gather all pertinent 
scientific data dealing with the Pacific Northwest hatchery 
system, including the Mitchell Act hatcheries, and make 
recommendations for the long-term effectiveness and funding 
priorities of the hatchery system.

                    Oceanic and Atmospheric Research

    The Committee has provided a total of $231,826,000 for the 
Oceanic and Atmospheric Research Programs of NOAA, instead of 
$232,548,000 as requested, and $225,944,000 provided in fiscal 
year 1996.
    The Committee recommendations includes the following 
amounts for basic laboratory research and support under Oceanic 
and Atmospheric Research: $8,000,000 for the base Interannual 
and Seasonal Climate research program (exclusive of climate and 
global change funding); $27,272,000 for Long-term Climate and 
Air Quality Research; $33,613,000 for Weather research; and 
$9,608,000 for the base Marine Prediction research program. 
These amounts will maintain these programs at the fiscal year 
1996 levels. In addition, the Committee recommendation of 
$5,219,000 for solar-terrestrial services and research assumes 
that NOAA will implement a plan for assessing fees from the 
users of services provided by this laboratory to enable the 
program to be supported at the current fiscal year 1996 level.
    The Committee has provided no funding for the National 
Undersea Research Program, as proposed in the budget request.
    The Committee recommendation included $53,300,000 for the 
Sea Grant program, an increase of $4,507,000 above the budget 
request, and an amount equal to the current year's funding. The 
Committee expects NOAA to continue to fund oyster disease 
research and zebra mussel research at not less than the levels 
provided in fiscal year 1995.
    The Committee has provided $67,000,000 for Interannual and 
seasonal climate research. This amount includes funding for the 
climate and global change program. Again this year, the 
Committee has merged these activities to ensure that climate 
change research is focused on near- to mid-term climatic events 
such as the El Nino phenomenon. The Committee believes this 
research provides the most immediate return on the investment, 
particularly in its value to the U.S. agricultural community. 
The Committee intends that the increase provided above the 
fiscal year 1996 level be used for the Health of the Atmosphere 
program and to expand the International Research Institute 
program initiated in fiscal year 1996 to include regional 
application centers.
    In addition, the Committee recommendation provides an 
increase above the request for Marine Prediction Research 
program to provide support for the Arctic Research initiative. 
In addition, the recommendation provides $4,099,000 for the 
Great Lakes sea lampricide eradication program. This activity 
was previously funded in the Department of State, but more 
appropriately corresponds to NOAA's core activities. This item 
is more fully discussed under the Department of State, 
International Fisheries Commissions.
    The Committee directs that none of the funds provided under 
this program or elsewhere under NOAA be used for the Global 
Learning to Benefit the Environment (GLOBE) program. In 
addition, the Committee intends that no NOAA personnel be used 
to support this program, either through direct or reimbursable 
funds.
    Acquisition of Data.--As explained previously in the 
report, the Committee recommendation includes $14,665,000 under 
this new item within OAR to reflect the elimination of the 
Marine Services subactivity under Program Support. The amount 
provided is based on the line office's proportionate usage of 
marine service funds.

                        National Weather Service

    The Committee recommendation includes a total of 
$633,010,000 for the National Weather Service (NWS) for fiscal 
year 1997, a decrease of $37,656,000 below the request, and 
$26,965,000 above fiscal year 1996.
    Operations and Research.--The Committee recommendation 
provides funding for both the basic local warnings and 
forecasts functions and the Weather Service modernization and 
restructuring initiative.
    The Committee has provided full funding requested for local 
weather service offices, which assumes enactment of proposed 
legislative changes to the current statutory certification 
requirements for weather office closures, as requested in the 
budget and approved by the House in the Omnibus Civilian 
Science Authorization Act (H.R. 3322). The Committee expects 
any additional reductions from the request to be taken only 
against headquarters and support functions, and through greater 
privatization of specialized weather services.
    The Committee notes that the NWS headquarters and support 
operations are the only components of the NWS which have not 
been engaged in any significant streamlining or downsizing 
efforts. A February 1996 audit report by the Department of 
Commerce Inspector General recommended that NOAA develop a 
comprehensive plan for restructuring headquarters and support 
operations in order to realize operational efficiencies and 
enable the NWS to absorb budget reductions. The Committee 
concurs with this recommendation and directs the NWS to develop 
and submit such a plan to the Committee no later than November 
1, 1996. The Committee believes such a plan will enable the NWS 
to achieve the reductions assumed against headquarters and 
support functions.
    The Committee acknowledges that there are still 
uncertainties regarding the adequacy of coverage in certain 
areas under the current NWS modernization plan. The Committee 
encourages NOAA to continue to rely on an independent review of 
coverage concerns prior to the closure of any NWS office. The 
Committee reminds NOAA that all office closures, including the 
closure of weather service offices under the modernization 
plan, are subject to the Committee's standard reprogramming 
procedures included in section 605 of the bill. NOAA is 
expected to submit an independent analysis of the adequacy of 
coverage with the required reprogramming notification.
    The amounts provided reflect no increase for the NOAA 
radiosonde network replacement. While the Committee recognizes 
the need to modernize this network, funding constraints 
preclude the expansion of this program in fiscal year 1997.
    Systems Acquisition.--The Committee recommendation includes 
$177,201,000 for National Weather Service acquisition. These 
amounts include the full request for NEXRAD and ASOS 
acquisition. Reductions from the request have been taken from 
the AWIPs/NOAA Port acquisition and computer facility upgrades.
    Advanced Weather Interactive Processing System (AWIPS).--
The Committee recommendation provides $100,000,000 for AWIPS, 
an increase of $50,000,000 over the current fiscal year, and 
$19,800,000 below the request.
    The Committee continues to have grave concerns about the 
successful completion of the AWIPS program. The Committee notes 
that the AWIPS program has been plagued by cost growth, 
scheduling delays, management changes, and slow technical 
progress. The Committee reminds NOAA that the original plans 
for AWIPS estimated the total cost at $350,000,000 with a 
completion date of 1995; the current cost estimate is 
$525,000,000 with a delivery date of 1999. The Committee 
supports the successful completion of this system, and 
understands AWIPS is a critical component to the modernization 
effort. However, the Committee is concerned that NOAA has 
failed to recognize the need to deliver this system within 
budget. The Committee notes the Administrator of NOAA recently 
testified before the House authorization committee that AWIPS 
program could be operated under a cost cap of $525,000,000, and 
such a cap was approved by the House in the Omnibus Civilian 
Science Authorization bill (H.R. 3322). The Committee notes 
that the Congress has already invested $253,834,000 for this 
system, and puts NOAA on notice that it expects the system to 
be completed and delivered within the $525,000,000 cost cap 
approved by the House. In light of the discretionary spending 
constraints, the Committee will not be in a position to commit 
additional resources above this amount, should NOAA fail to 
deliver the system within the current $525,000,000 cost 
estimate.
    Further, the Committee has reservations about the NOAA's 
current plans for large-scale deployment of AWIPS prior to 
adequate development and operational testing of the system. The 
Committee notes that such plans could result in additional, 
significant cost overruns.
    Therefore, while the Committee has provided a 100 percent 
increase to continue its commitment to AWIPS, the Committee 
directs NOAA and the Department of Commerce to submit a 
reprogramming in accordance with section 605 of the 
accompanying bill prior to expenditure of funds for large-scale 
acquisition and deployment. Such reprogramming should include a 
certification by the Secretary of Commerce of the following:
           The cost to complete acquisition and 
        deployment of the AWIPS and associated activities, 
        including program management and operations and 
        maintenance through September 30, 1999 will not exceed 
        $271,166,000;
           The systems can be fully deployed, sited, 
        and operational without requiring further 
        appropriations beyond this amount;
           The systems meet the technical performance 
        specifications in the system contract as in effect on 
        August 11, 1995;
           There are no anticipated delays in the 
        deployment and operations schedule.

     National Environmental Satellite, Data and Information Service

    The Committee has included $431,582,000 for the National 
Environmental Satellite, Data, and Information Service 
(NESDIS). This amount is a decrease of $39,954,000 from the 
current year, and $100,249,000 below the budget request.
    The Committee recommendation reflects decreased 
requirements in this program due to the following factors: (1) 
the cyclical nature of these programs; (2) decreased program 
requirements for the polar convergence program due to greater 
than expected performance of existing satellites; and (3) the 
overall budgetary constraints facing the Committee.
    Polar Satellites.--The recommendation includes $147,300,000 
for the polar spacecraft and launching line item, a slight 
reduction from the request, and $27,465,000 below the amount 
appropriated in fiscal year 1996.
    The recommendation also provides $19,000,000 for the Polar 
Convergence Program/Interagency Program Office, a $20,500,000 
reduction from the current year, and $59,200,000 below the 
request. This reduction is largely attributed to an interagency 
re-estimation of the program's baseline due to better than 
expected performance of existing satellites resulting in a 
delay in the need for the procurement of new converged 
satellites. The Committee believes the recommendation of 
$19,000,000 provides the necessary funding to ensure the timely 
progression of the Polar convergence program.
    Geostationary Satellites.--The Committee has included 
$171,480,000 for GOES spacecraft and launching, an $18,374,000 
increase over fiscal year 1996, and a $34,442,000 decrease 
below the request. This amount reflects reductions assumed in 
the House-passed Omnibus Civilian Science Authorization bill, 
as well as the overall budgetary constraints facing the 
Committee. The Committee recommendation provides sufficient 
funds to continue procurement of up to three additional GOES 
NEXT satellites (GOES I-M clones), instruments, and supporting 
ground systems.
    The Committee recognizes that, in general, the most cost-
effective means of procurement is open competition. While there 
has been discussion within NOAA of providing a sole source 
procurement for the next buy of GOES, the Committee believes 
that this procurement should be subject to competition and 
fixed price contracts, if practicable. The Committee believes 
that the next buy of GOES satellites (``GOES-NEXT'') should be 
for functional equivalents of the GOES I-M satellites requiring 
no new sensors or any other change calling for additional 
research and development funding. The goals for the GOES 
program should be to provide continuity of coverage and to 
reduce unit costs.
    Environmental Data Management Systems.--The Committee has 
provided a total of $44,802,000 for this account, an increase 
of $3,637,000 over the current fiscal year, and $96,000 below 
the request. The recommendation provides the requested increase 
of $3,500,000 for implementation of the NOAA Virtual Data 
System (NVDS). Further, the Committee assumes that an 
additional $1,200,000 will be provided to NVDS activities 
through increased fee collections from data sales, as requested 
in the budget, to begin to cope with the large increase of 
incoming data and requests from users. Finally, the Committee 
expected NESDIS to provide, at a minimum, the same level of 
funding as provided in fiscal year 1996 for the conversion of 
deteriorating paper and microfilm records to electronic form.

                            program support

    The Committee has included $66,876,000 for Program Support. 
This amount is a decrease of $64,292,000 from the request, and 
$65,583,000 below the current year. This reduction reflects a 
general reduction in the administrative and policy functions of 
NOAA as well as a base transfer of funding previously provided 
under the Marine Services line item to NOS, NMFS, and OAR.

                      Coastal Zone Management Fund

    The Committee has included language in the bill which makes 
available $7,800,000 in the Coastal Zone Management (CZM) Fund 
for administration of the CZM program, and for State 
Development Grants in accordance with the authorization set 
forth in Section 308(b)(2)(A) and 308(b)(2)(B)(v) of the 
Coastal Zone Management Act, and the National Estuarine Reserve 
program set forth in Section 315(e) of the Coastal Zone 
Management Act. The amount provided is equal to the budget 
request and the current funding level, which both provided 
these funds for only CZM program management and other purposes 
authorized by section 308 of the CZMA.
    The Committee intends that $4,000,000 shall be available 
from the Fund for program administration, and that $500,000 
shall be available for State development grants. The Committee 
intends that the remaining $3,300,000 shall be available for 
the National Estuarine Research Reserve (NERR) program in 
addition to the $1,000,000 in direct appropriations provided 
under the NOAA Operations, Research and Facilities account, 
resulting in a total of $4,300,000 for NERR, the same level 
provided in fiscal year 1996.

                              Construction

    The Committee recommends an appropriation of $36,000,000 
for the Construction account under the National Oceanic and 
Atmospheric Administration. This amount is $1,366,000 below the 
budget request, and a decrease of $14,000,000 below the amount 
appropriated for fiscal year 1996.
    The recommendation includes $5,000,000 for the cleanup of 
the Pribilof Islands in Alaska, as requested. This amount 
results from the need to clean up various sites that NOAA and 
its predecessor agencies have used on the Islands. The amount 
provided is to: remediate contaminated soil, to close and 
remediate landfills, diesel seep sites, debris sites, solid and 
liquid wastes, and public safety hazards; and to fund planning 
and compliance costs of cleanup, landfills, and public safety 
on the Pribilof Islands.
    The following table reflects the Committee's 
recommendations for this account:

WFO construction/maintenance............................     $13,000,000
Columbia Rivers.........................................       3,800,000
Boulder Lab--above standard costs.......................       2,000,000
NOAA facilities maintenance.............................       5,676,000
Sandy Hook lease........................................       1,500,000
Environmental compliance................................       5,024,000
Pribilof Islands........................................       5,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, NOAA Construction..........................      36,000,000

            Fleet Modernization, Shipbuilding And Conversion

    The Committee recommends an appropriation of $6,000,000 for 
Fleet Modernization, Shipbuilding, and Conversion. This amount 
is a decrease of $6,000,000 below the budget request, and a 
decrease of $2,000,000 below the amount appropriated for this 
account for fiscal year 1996.
    The recommendation provides sufficient funding to provide 
routine maintenance of the existing NOAA fleet. No funds are 
provided to modernize the existing fleet, initiate major 
repairs to extend the life of a vessel, or the purchase of new 
equipment to upgrade an existing vessel.
    In addition, the Committee has taken action, reflected 
elsewhere in the bill to begin the transition from a NOAA-owned 
and operated research fleet. The Committee puts NOAA on notice 
that funding will not be available to provide for a major 
investment in new vessels. The Committee urges NOAA to take 
action now to find creative alternatives to a NOAA-owned and 
operated fleet, including, but not limited to, increased 
cooperation and coordination with the existing University-
National Oceanographic Laboratory System (UNOLS) vessels, and 
greater reliance on out-sourcing to the private sector.
    The Committee understands that hydrographic and 
oceanographic data collection activities present the greatest 
opportunity for private sector and academic involvement. The 
Committee is aware of NOAA's recent effort to obtain 
information from the private sector on the cost of rebuilding 
and operating the FAIRWEATHER for hydrographic use. If NOAA 
determines that rebuilding the FAIRWEATHER would be a practical 
and cost-effective method of meeting its needs, then the 
Committee encourages NOAA to move forward to transfer the 
vessel to the private sector and enter into a charter 
arrangement for the vessel's service, and to report to the 
Committee on its intentions with respect to this proposal by 
February 1, 1997.
    In addition, the Committee believes NOAA should explore 
more creative options for operation of the remaining ships in 
the NOAA fleet. In particular, the Committee encourages NOAA to 
seek a cooperative arrangement with the private or academic 
sector to operate the new AGOR-26 vessel coming on line, and to 
report back to the Committee on its intentions with respect to 
this proposal by February 1, 1997.
    This account provides for expenses necessary to maintain 
and improve the NOAA fleet of oceanographic, survey and 
fisheries research vessels, and for converting and/or leasing 
vessels as needed for maintaining effective support of NOAA 
programs.

            Fishing Vessel And Gear Damage Compensation Fund

    The Committee recommends $200,000 for the Fishing Vessel 
and Gear Damage Compensation Fund. This amount is equal to the 
budget request, and a decrease of $832,000 below the amount 
available for fiscal year 1996.
    The Fishing Vessel and Gear Damage Fund provides 
compensation to U.S. fishermen whose vessels have been lost, 
damaged, or destroyed by foreign or domestic vessels. The Fund 
indemnifies domestic fishermen against commercially uninsurable 
losses of fishing gear caused by foreign or domestic vessels 
and a portion of associated economic loss. Monies paid into the 
Fund include: (1) surcharges not to exceed 20 percent of the 
fee imposed for any foreign fishing vessel permit issued under 
the Magnuson Fishery Conservation and Management Act; (2) 
administrative fees paid by claimants; (3) revenues from 
deposits or investments of Fund balances not immediately 
required; and (4) funds not to exceed $5,000,000 borrowed from 
the Treasury in the event the Fund balance is insufficient to 
pay claims.

                      Fishermen's Contingency Fund

    The Committee recommends $1,000,000 for the Fishermen's 
Contingency Fund, which is $1,000 above the amount provided for 
the current year, and $2,000 below the request.
    The Fishermen's Contingency Fund provides compensation to 
U.S. fishermen for damage or loss of fishing gear and any 
resulting loss because of natural or manmade obstructions 
related to oil and gas exploration, development, and production 
on the Outer Continental Shelf. The Secretary of Commerce is 
authorized to establish an area account within the fund for any 
area within the Outer Continental Shelf. A holder of a lease, 
permit, easement, or right-of-way in such area is required to 
pay a fee into the appropriate area account in the fund. Each 
area account, if depleted, will be replenished by assessment. 
The authorization stipulates that amounts available in each 
area account can be disbursed only to the extent provided by 
appropriations acts. Since receipts collected may not be 
sufficient for this appropriation, the Committee has included 
language which provides that the sums necessary to eliminate 
the insufficiency may be derived from the General Fund of the 
Treasury.

                     Foreign Fishing Observer Fund

    The Committee recommends $196,000 for the Foreign Fishing 
Observer Fund for fiscal year 1997. This amount is equal to the 
request, and equal to the amount appropriated for the current 
fiscal year.
    Fees paid into the Fund are collected from owners and 
operators of certain foreign fishing vessels that fish within 
the United States Fishery Conservation Zone and are intended to 
be used by the Secretary of Commerce to finance the cost of 
placing United States observers aboard such fishing vessels. 
The observers collect scientific information on the foreign 
catch and monitor compliance by foreign fishing crews in 
accordance with the provisions of the Fishery Conservation and 
Management Act of 1976. The Act permits foreign governments to 
contract directly for observer services from contractors 
approved by the Secretary of Commerce. The appropriation 
provides the authority necessary to pay the salaries of United 
States observers and program support personnel, other 
administrative costs, and the cost of data management and 
analysis.

                 Fishing Vessel Obligations Guarantees

    The Committee recommends $250,000 in subsidy amounts for 
the Fishing Vessel Obligations Guarantees, the same amount 
requested, and equal to the current fiscal year. In addition, 
the bill includes language carried in the fiscal year 1996 Act 
prohibiting loans from being made to purchase any new vessel 
that would increase the harvesting capacity of any U.S. 
fishery.

                       Technology Administration

       Office Of The Under Secretary/Office Of Technology Policy

                         Salaries And Expenses

    The Committee recommends $5,000,000 for the Technology 
Administration's Office of the Under Secretary/Office of 
Technology Policy. This amount is a reduction of $4,531,000 
from the budget request, $2,000,000 below the amount 
appropriated for the current fiscal year, and $1,000,000 below 
the actual base operating level for fiscal year 1996.
    The primary mission of the organizations funded under this 
account is to coordinate the Administration's civilian 
technology initiative. Considering the program reductions and 
eliminations made in the Commerce technology programs, the 
Committee believes that the proposed funding level is 
appropriate. The amount provided will ensure the elimination of 
current redundancies in the bureaucracy overseeing NIST 
technology programs.
    The Committee believes that greater partnerships with the 
private sector to conduct industry competitiveness assessments, 
including foreign technology assessments, will result in better 
assessments at lower cost to the Federal government. Therefore, 
the Committee expects the Technology Administration, within 
existing resources, to conduct a pilot project to accept and 
fund proposals from private-sector entities to provide such 
services, including but not limited to foreign competitive 
technology assessments. The Committee expects such proposals 
will be conducted on a cost share basis, with private-sector 
entities contributing no less than 20 percent of the project's 
cost.

                         General Administration

                         Salaries And Expenses

    The Committee recommends $27,400,000 for the Commerce 
Department's Salaries and Expenses appropriation for fiscal 
year 1997. This amount is a decrease of $1,700,000 below the 
budget request, and $1,700,000 below the amount appropriated 
for the current fiscal year. The reduction reflects the 
Secretary's recently announced policy to reduce staffing 
Department-wide by an additional 5 percent by the end of this 
calendar year.
    This appropriation provides for the Office of the Secretary 
and for staff offices of the Department which assist in the 
formulation of policy, management, and administration.
    The Committee continues to support the U.S.-Israel Science 
and Technology Commission, which brings together the private 
sectors of these two high technology nations to facilitate 
breakthroughs in the areas of biotechnology, energy, 
agriculture, and defense conversion. The Committee expects the 
Commerce Department to provide its commitment of $2,500,000 for 
this program in fiscal year 1997 from within available 
resources, subject to the standard reprogramming procedures set 
forth under section 605 of the accompanying bill.

                      Office of Inspector General

    The Committee recommends $19,445,000 for the Commerce 
Department's Office of Inspector General for fiscal year 1997. 
This amount is a decrease of $1,404,000 below the request, and 
$404,000 below the amount appropriated for the current fiscal 
year.
    The Committee is supportive of the work being carried out 
by the Department's Inspector General, and looks forward to 
working more closely with the IG to follow up on matters of 
mutual concern.

            National Oceanic and Atmospheric Administration

                  operations, research and facilities

                              (rescission)

    The Committee recommendation includes a rescission of 
$10,000,000 from the NOAA Operations, Research and Facilities 
account under this title. The Committee expects this rescission 
to be taken from the Landsat and polar satellite programs 
within the National Environmental Satellite, Data, and 
Information Service. The Committee understands that fiscal year 
1996 funding originally provided to the polar satellite and 
Landsat programs is no longer required due to reestimation of 
program requirements in the polar convergence program and a 
decision by NASA to pay the full development costs of the 
Landsat program.

               General Provisions Department of Commerce

    The Committee has included the following General Provisions 
for the Department of Commerce that were included in the fiscal 
year 1996 Appropriations Act (Public Law 104-134).
    Section 201 makes Commerce Department funds in the bill 
available for advanced payments only upon certification of 
officials designated by the Secretary that such payments are 
considered to be in the public interest.
    Section 202 makes appropriations for the Department in the 
bill for Salaries and Expenses available for hire of passenger 
motor vehicles, and for services, uniforms and allowances as 
authorized by law.
    Section 203 prohibits any of the funds in the bill to be 
used to support hurricane reconnaissance aircraft and 
activities that are under the control of the United States Air 
Force or the United States Air Force Reserve.
    Section 204 prohibits the use of Commerce Department funds 
in this or any previous Act from being used for the purpose of 
reimbursing the Unemployment Trust Fund or any other account of 
the Treasury to pay unemployment compensation for temporary 
Census workers for services performed after April 20, 1990.
    Section 205 provides the authority to transfer funds 
between Department of Commerce appropriation accounts. The 
language provides that no account may be decreased by more than 
5 percent or increased by more than 10 percent. The language 
also makes the transfers subject to the Committee's standard 
reprogramming procedures.
    Section 206 provides that should legislation be enacted to 
reorganize the Department of Commerce, the Secretary shall 
submit a plan for transferring such functions in accordance 
with the standard reprogramming procedures in this Act, and 
such reprogramming will not be subject to the limitations set 
forth in the standard procedures.
    Section 207 provides that any costs incurred by the 
Department in response to funding reductions shall be absorbed 
within the total budgetary resources available to the 
Department and shall not be subject to the reprogramming 
limitations in this Act.
    Section 208, prohibits funds from being used to develop or 
implement any new individual fishing quota until offsetting 
fees are authorized to pay for such implementation.
    Section 209 allows the Secretary to award contracts for 
certain mapping and charting activities in accordance with the 
Federal Property and Administrative Services Act.
    The recommendation also includes a new provision, Section 
210, authorizing the establishment of a Working Capital Fund in 
the Bureau of the Census to account for reimbursable work and 
common services costs. This fund will replace the existing 
Interfund and allow for a more transparent accounting system 
for centralized services, thus providing greater accountability 
and oversight.

                        TITLE III--THE JUDICIARY

    The funds recommended by the Committee in Title III of the 
accompanying bill are for the operation and maintenance of the 
United States Courts and include the salaries of judges, 
magistrates, supporting personnel and other expenses of the 
Federal Judiciary.
    The budget request submitted for fiscal year 1997 for the 
Judiciary totals $3,473,719,000. Of this amount, $261,205,000 
is associated with the salaries and retirement expenses of 
Supreme Court Justices, Article III Judges and Bankruptcy 
Judges, and is considered mandatory for budget scorekeeping 
purposes. The remainder of the request, $3,212,514,000, which 
is considered discretionary for scorekeeping purposes, 
represents an increase of $414,527,000, or 14.8 percent, over 
the enacted amounts for fiscal year 1996. Of this amount, 
$35,000,000 is requested from the Violent Crime Reduction Trust 
Fund.
    The Committee recommendation provides the full request of 
$261,205,000 for mandatory salary and retirement expenses of 
the Justices and judges. The Committee recommendation also 
provides $2,970,410,000 for the discretionary programs of the 
Judiciary, including $30,000,000 from the Violent Crime 
Reduction Trust Fund. This amount is $242,210,000 below the 
request, but is $176,803,000, or 6.3 percent above the amount 
provided for the current fiscal year.
    Optimal Utilization of Judicial Resources.--In response to 
the request of the Committee in both the House and Conference 
reports accompanying the fiscal year 1996 appropriations bill, 
the Judiciary is in the process of reviewing the optimal 
utilization of judicial resources. An interim report was 
provided on April 1, 1996, and a final report is expected in 
November, 1996.
    The request arose out of concerns about the ability of the 
Congress to sustain the current appropriations level of the 
Judicial Branch in the context of the desire of the American 
public to balance the budget and reduce the deficit. There are 
a number of issues that could lead to the better deployment of 
resources, including the fact that some courts face 
disproportionately high caseloads per judge while others may be 
relatively underutilized per judge, and that approximately 80 
court facilities have no resident judges or staff and are used 
on a visiting basis for less that 45 days per year.
    While the Committee encouraged the report to address 
possible improvements in any aspect of the Judiciary and its 
functions, the Committee specifically asked that the following 
issues be addressed:
     The extent to which the current judicial workload 
corresponds to the distribution of judicial resources;
     The extent to which underutilized court facilities 
could be closed, or the sharing of courtroom space expanded, 
without appreciably affecting the delivery of justice, and the 
potential for savings in space costs that could be realized;
     The extent to which the use of contract services 
might be substituted for non-judge employees in the courts and 
what, if any, savings could be realized; and
     The extent to which savings and efficiencies can 
be realized through enhanced use of automation and other high 
technology initiatives.
    In the Committee's examination of the interim report during 
its hearing on the Judiciary's fiscal year 1997 budget request, 
several concerns emerged. First, the interim report indicated 
that the final report would include information on the 
``processes and standards'' used by the Judicial Conference in 
making recommendations on judicial appointments and the 
distribution of resources. The Committee believes that the 
final report should go beyond ``processes and standards'' and 
should make concrete recommendations about specific changes 
that can be made to ameliorate situations where the workload is 
relatively less than average, or where the workload is 
relatively more.
    Second, the Committee believes that the final report should 
make an independent determination of underutilized space and 
make concrete recommendations about those facilities that are 
not cost effective.
    Third, the interim report concentrated on the four areas 
highlighted by the Committee in its request. The Committee 
would once again note that the list of topics to be studied is 
not intended to be exclusive, and the Judiciary is encouraged 
to address any other areas where improvements and cost 
efficiencies can be achieved.

                   Supreme Court of the United States

    The Committee recommends a total of $29,647,000 for the 
Supreme Court of the United States for fiscal year 1997. The 
total amount is provided in two separate appropriation accounts 
as follows:

                         Salaries And Expenses

    The Committee recommends $27,157,000 for fiscal year 1997 
for the Salaries and Expenses of the Justices, their supporting 
personnel, and the costs of operating the Supreme Court, 
excluding the care of the building and grounds. The Committee 
recommendation is $1,323,000 more than the current year 
appropriation, and is equal to the budget request for this 
account. It provides the amount required to maintain the 
current level of activities, and provides for no program 
increases.

                    Care Of The Building And Grounds

    The Committee recommends $2,490,000 for fiscal year 1997 
for personnel and other services relating to the Supreme Court 
building and grounds, which is supervised by the Architect of 
the Capitol. The recommendation is $823,000 less than both the 
current year appropriation and the request level for fiscal 
year 1997 of $3,313,000.
    The request included funding for two studies: a Perimeter 
Security Study ($150,000) and a Schematic Systems Design 
($225,000). Since both of these studies could result in 
recommendations for significant expenditures, it seems more 
realistic to undertake one at a time, and to stagger the timing 
when significant increases might be requested for carrying out 
the recommendations of these studies. Consequently, the 
Committee recommends $150,000 for the Perimeter Security Study, 
but defers funding for the Schematic Systems Design.
    In addition, the budget request included funding for 33 
full-time equivalent workyears, while the current actual on-
board level is 24. The Committee has recommended funding at the 
actual on-board level, a reduction of $303,000 from the 
request.
    Finally, there is a significant amount of carryover in this 
account. The Committee has assumed the use of $295,000 in 
carryover to fund the ongoing activities in this account, and 
reduced the budget request accordingly.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    The Committee recommends $15,013,000 for fiscal year 1997 
for the Salaries and Expenses of the United States Court of 
Appeals for the Federal Circuit. The Committee recommendation 
is $725,000 more than the current year appropriation, but is 
$965,000 less than the request.
    The Committee recommendation reflects approval of the 
amount requested for adjustments to base for the Court of 
Appeals for the Federal Circuit. The Committee recommendation 
does not include the increase requested for 19 additional 
positions for the Court.

               United States Court of International Trade

                         Salaries And Expenses

    The Committee recommends $11,114,000 for fiscal year 1997 
for the Salaries and Expenses of the United States Court of 
International Trade, an amount equal to the budget request, and 
an increase of $255,000 over the amount provided in fiscal year 
1996. The recommendation provides funding to maintain current 
activities, and does not provide for any program increases.

    Courts of Appeals, District Courts, and Other Judicial Services

                         Salaries And Expenses

    The Committee recommends a total of $2,580,956,000 for this 
account for fiscal year 1997, including $30,000,000 from the 
Violent Crime Reduction Trust Fund. This account provides for 
the salaries of judges, magistrates, and all other officers and 
employees of the Federal Judiciary not otherwise provided for, 
and for all necessary expenses including rental charges for 
space and facilities.
    The Committee recommendation is a reduction of $201,390,000 
from the budget request, but is an increase of $117,815,000 
above the amount appropriated for fiscal year 1996. In 
addition, the Committee understands that at this point in the 
current fiscal year, the Judiciary anticipates that it will 
carry over an estimated $89,600,000 resulting from a variety of 
factors including: increased fee collections in fiscal year 
1996; the likelihood that use of the fiscal year 1996 operating 
reserve will not be required; delays in filling vacant 
judgeships; and savings identified in quarterly reviews. This 
combination of increased appropriations and carryover, totaling 
$2,670,196,000 falls slightly short of the $2,675,900,000 
requested to maintain the current level of activities through 
fiscal year 1997, and does not provide funding for any of the 
requested workload increases totaling $71,500,000 from the 
discretionary appropriations. However, should additional 
carryover be identified, as seems possible given the likelihood 
that there will be vacancies in authorized positions at the end 
of fiscal year 1996, the additional funds should be applied to 
provide the remaining amount to maintain the current level of 
activities and then to the highest priority workload increase 
requirements including bankruptcy personnel, probation/pretrial 
services and magistrate judges and staff.
    The importance of fees and fee carryover in the total 
funding annually available to the Judiciary appears to be well-
established and likely to continue. However, the annual budget 
submission presented by the Judiciary continues to emphasize 
appropriated funds, making comparisons from year-to-year 
difficult. The Committee believes that it would be helpful to 
find a way to reflect fees and fee carryover as an integral 
part of the budget submission, and urges the Judiciary to work 
with the Committee on improving the budget presentation to 
reflect current fiscal realities.
    In addition, the Judiciary's budget request for each new 
fiscal year is workload driven, and is currently based on a 
formula that assumes staffing at 84 percent of the staffing 
that would be required to fully staff the projected workload. 
Over the past few years, actual staffing in the current fiscal 
year has been below that assumed level, and is one of the 
factors that leads to carryover. Assuming sufficient historical 
data exists, it would be helpful to develop a benchmark or 
average measure of slippage in utilization of resources to help 
make budgeting decisions more firmly based on experience rather 
than conjecture.
    The Committee has recommended that amounts set aside in 
this account for space alteration projects and furniture and 
furnishings remain at the fiscal year 1996 level, and has not 
provided any increase.
    The Committee supports the ongoing efforts of the Judiciary 
to improve and expand information made available in electronic 
form to the public. Accordingly, the Committee expects the 
Judiciary to utilize available balances derived from electronic 
public access fees in the Judiciary Automation Fund to make 
information and services more accessible to the public through 
improvements to enhance the availability of electronic 
information. The overall quality of service to the public will 
be improved with the availability of enhancements such as 
electronic case documents, electronic filings, enhanced use of 
the Internet, and electronic bankruptcy noticing.
    The Committee is aware that several court locations were 
closed recently in an economy effort, as a result of 
recommendations by the respective Circuits that maintaining the 
separate sites was not cost effective. The Committee 
encourages, when deemed appropriate, alternative methods of 
holding court on an ad hoc basis in those locations when the 
daily rental fee for a location is cost effective and when 
appropriate court space is available.
    Violent Crime Reduction Trust Fund.--The Committee has 
provided $30,000,000 for the Judiciary from the Violent Crime 
Reduction Trust Fund for fiscal year 1997, the same amount as 
provided in fiscal year 1996, and $5,000,000 less than the 
request. The Committee intends that amounts provided be used to 
offset base expenditures related to carrying out the provisions 
of the Violent Crime Control and Law Enforcement Act of 1994 
and to fund requested program increases related to certain 
provisions of that Act such as: activities related to mandatory 
drug testing to be conducted by probation officers; and 
increasing requirements for supervised release and increases in 
workload generated by increases in the number of U.S. 
attorneys.

               The National Childhood Vaccine Injury Act

    The Committee recommends a reimbursement of $2,390,000 for 
fiscal year 1997 from the Special Fund to cover expenses of the 
Claims Court associated with processing cases under the 
National Childhood Vaccine Injury Act of 1986. This amount is 
equal to the budget request and provides an increase of $72,000 
over the amount appropriated for the current fiscal year.

                           Defender Services

    The Committee recommends $297,000,000 for fiscal year 1997 
for the operation of the Federal Public Defender and Community 
Defender organizations and for compensation and reimbursement 
of expenses of attorneys appointed pursuant to the Criminal 
Justice Act, as amended. This represents a increase of 
$29,783,000 over the fiscal year 1996 appropriation, and 
$1,239,000 over the total amount available in fiscal year 1996, 
and a reduction of $21,905,000 from the request.
    In fiscal year 1996, $28,544,000 in fee carryover was made 
available to this account, which, when added to the 
appropriation, resulted in funding availability of 
$295,761,000.
    The Committee is concerned with the rising costs associated 
with this account. According to the budget justification for 
this account, the cost per representation in the Federal Public 
Defender organizations, the Community Defender Organizations, 
and panel attorneys is increasing at a much greater percentage 
than the increase in the actual number of representations. The 
Committee would like to better understand the reason for the 
rapid rise in cost per representation, and requests a report by 
February 1, 1997.
    While the recommendation provides funding in fiscal year 
1997 to replace the amount funded in fiscal year 1996 through 
carryover and a small amount for increased costs, the Committee 
has not provided the full amount requested for increases in 
base activities, or funding for increases in the rate for panel 
attorneys or for program increases.
    Language included in the fiscal year 1996 bill relating to 
Death Penalty Resource Centers is not required in this bill 
because all the Centers were closed as of April 1, 1996.

                    Fees Of Jurors And Commissioners

    The Committee recommends $66,000,000 for fiscal year 1997 
for the fees and allowances of grand and petit jurors and for 
the compensation of land commissioners and jury commissioners. 
This represents an increase of $6,972,000 in the amount 
appropriated over the fiscal year 1996 amount and a reduction 
of $2,083,000 from the budget request.
    The rate of expenditure of funds for this account in fiscal 
year 1996 and the current projections for fiscal year 1997 
indicate that an increase of at least this magnitude is 
required in order to allow cases to proceed to trial.

                             Court Security

    The Committee recommends $125,000,000 for Court Security 
for fiscal year 1997 to provide for the necessary expenses of 
security and protective services for the United States Courts 
in courtrooms and adjacent areas. This is $23,000,000 more than 
was appropriated in fiscal year 1996, and $6,360,000 more than 
the total amount available in fiscal year 1996, and $6,885,000 
less than the budget request.
    In fiscal year 1996, $102,000,000 was appropriated for this 
account, but an additional $16,640,000 was available in fiscal 
year 1996 as a result of the fiscal year 1995 anti-terrorism 
supplemental signed into law on July 27, 1995 (Public Law 104-
19).
    The Committee recommendation provides $123,273,000 
requested to maintain the current level of activities, 
including the costs of annualizing the salaries of court 
security officers hired in fiscal year 1996 and increases in 
contract rates, and $1,727,000 of the $8,612,000 requested for 
program increases. It is expected that this amount will be used 
to hire additional court security officers for new facilities 
opening in fiscal year 1997.
    The Committee understands that in some circumstances, court 
security officers funded from this account provide security to 
all offices in a facility, not just the judicial offices and 
courtrooms. The Committee requests that the Judiciary consider 
whether reimbursements from other agencies would be appropriate 
and provide the Committee with its conclusion by February 1, 
1997.

           Administrative Office of the United States Courts

                         Salaries And Expenses

    The Committee recommends $48,500,000 for the Salaries and 
Expenses of the Administrative Office of the United States 
Courts for fiscal year 1997, an increase of $1,000,000 over the 
appropriation for fiscal year 1996, but a reduction of 
$5,023,000 from the budget request. This account is responsible 
for the administration of the United States Courts, including 
the probation and bankruptcy systems.
    Appropriated funds are one part of the funding available to 
the Administrative Office. In addition, five percent of fees 
credited to the Judiciary are available to the Administrative 
Office, and the Administrative Office receives reimbursements 
primarily from the Courts of Appeals, District Courts, and 
Other Judicial Services, Salaries and Expenses account for 
services provided to the Judiciary. In fiscal year 1996, total 
funding for the Administrative Office is expected to be 
$80,798,000, and the budget request for fiscal year 1997 
assumes a total funding level of $86,666,000.
    In providing the recommended level, the Committee intends 
that the Administrative Office has the resources to maintain 
the funding level provided for in fiscal year 1996 through 
appropriations and carryover. If additional funds are required, 
the Committee notes that the Administrative Office has the 
option of obtaining additional resources through the use of 
carryover funds available to the Judiciary, subject to the 
reprogramming requirements of the Committee.

                        Federal Judicial Center

                         Salaries And Expenses

    The Committee recommends $17,495,000 for the Salaries and 
Expenses of the Federal Judicial Center for fiscal year 1997, 
which is $419,000 below the amount provided in fiscal year 
1996, and $2,130,000 below the budget request. The Federal 
Judicial Center improves the management of Federal judicial 
dockets and court administration through education for judges 
and staff, and research, evaluation, and planning assistance 
for the courts and the Judicial Conference.
    In fiscal year 1996, the amount provided was intended to 
encourage the Center to engage in innovative and less costly 
training through increasing use of video training techniques. 
The Committee was pleased to note that the amount expended on 
travel decreased. However, the fiscal year 1997 budget request 
includes an increase for travel. The Committee believes that 
further efforts can be made in controlling the cost of training 
through increasing use of innovative methods, and has adjusted 
the request accordingly.

                       Judicial Retirement Funds

                    Payment To Judiciary Trust Funds

    The Committee recommends $30,200,000 for the payment to the 
Judicial Officers' Retirement Fund and the Claims Court Judges 
Retirement Fund for fiscal year 1997. This amount is equal to 
the budget request, and is $2,700,000 less than the current 
year appropriation for this account, which is considered 
mandatory for budget scorekeeping purposes.
    These funds will cover the estimated annuity payments to be 
made to retired bankruptcy judges and magistrate judges, Claims 
Court judges and spouses and dependent children of deceased 
judicial officers.

                  United States Sentencing Commission

                         salaries and expenses

    The Committee recommends $8,300,000 for the Salaries and 
Expenses of the United States Sentencing Commission for fiscal 
year 1997, a reduction of $200,000 below the amount provided 
for the current fiscal year and a reduction of $900,000 below 
the budget request.
    The Committee recommendation is intended to provide the 
same level of funding as was appropriated in fiscal year 1996, 
taking into account the fact that the Sentencing Commission has 
significant carryover balances available.
    The purpose of the Commission is to establish, review and 
revise sentencing guidelines, policies and practices for the 
Federal criminal justice system. The Commission is also 
required to monitor the operation of the guidelines and to 
identify and report necessary changes to the Congress.

                   general provisions--the judiciary

    The Committee has included the following general provisions 
in the bill for the Judiciary:
    Section 301 provides language, included in previous 
appropriations Acts, to permit funds in the bill for salaries 
and expenses for the Judiciary to be available for employment 
of experts and consultant services as authorized by 5 U.S.C. 
3109.
    Section 302 provides language included in previous 
appropriations Acts which authorizes appropriations for the 
special court of appeals established under the Regional Rail 
Reorganization Act of 1973, Public Law 93-236.
    Section 303 provides language, included in previous 
appropriations Acts, which permits up to five percent of any 
appropriation made available for fiscal year 1997 to be 
transferred between Judiciary appropriation accounts with the 
proviso that no appropriation shall be decreased by more than 5 
percent or that no appropriation, other than Defender Services, 
and Fees of Jurors and Commissioners, be increased by more than 
10 percent by any such transfer. In addition, the language 
provides that any such transfer shall be treated as a 
reprogramming of funds under section 605 of the accompanying 
bill and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that 
section.
    Section 304 provides language included in previous 
appropriations acts permitting not to exceed a total of $10,000 
for expenses of official reception and representation expenses 
incurred by the Judicial Conference of the United States.
    Section 305 provides language, not included in previous 
appropriations acts, which provides a one-year extension, from 
September 30, 1997 to September 30, 1998, of the authorities 
contained in 28 U.S.C. 612(l) for the Judiciary Automation 
Fund. This short-term extension is needed to continue the 
orderly and effective administration of the Judiciary's 
automation programs, and to provide oversight committees 
adequate time to hold hearings and introduce legislation for 
the long-term extension of the Fund.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

    In total, the amount recommended in this title for the 
Department of State, the United States Information Agency 
(USIA) and the Arms Control and Disarmament Agency (ACDA) of 
$4,963,553,000 is $128,343,000 below the amount available in 
fiscal year 1996 and $1,224,635,000 below the amount requested 
in the budget. The major area of reduction from the budget 
request is due to the fact that the Administration's request 
included funding to pay all arrearages that it considers to be 
owed to international organizations, including $185,476,000 in 
fiscal year 1997, and advance appropriations of $193,146,000 in 
each of fiscal years 1998, 1999, 2000, and 2001, for a total 
request for arrearage payments of $958,060,000.
    While the Committee has recommended reductions in nearly 
all accounts in this title below last year, it is important to 
emphasize that all parties, including the Administration and 
the authorization committees of the House and Senate have 
agreed that reductions and downsizing need to be carried out. 
There are a series of government-wide initiatives which impact 
on the budgets of these agencies. In 1993, the President 
directed a four-year reduction in administrative expenses at 
all Federal agencies, totaling 14 percent by the end of fiscal 
year 1997. The President also set a target of reducing 
personnel in government by 272,000 over the period 1994 through 
1999. Then, as part of his Reinventing Government initiative in 
January, 1995, the Vice President set out a goal of reducing 
funding for international programs of $5 billion over 5 years. 
In addition, as part of the negotiations over the State 
Department authorization legislation in the Senate last year, 
the Administration agreed to the target of a $1.7 billion 
reduction in spending on the four principal foreign affairs 
agencies over the period 1996 through 1999. Also, the Secretary 
of State has undertaken his own initiative, the Strategic 
Management Initiative, which, among other things, proposed to 
close up to 25 missions overseas. Finally, the fiscal year 1997 
budget submitted by the Administration sets out a declining 
five-year path of spending for the conduct of foreign affairs. 
So, while Congress and the Administration were not able to 
agree on the terms of reauthorization legislation for the 
agencies in this title, it appears there was a common direction 
toward fiscal restraint, which the Committee has tried to 
reflect in the recommendations for the following accounts.

                          DEPARTMENT OF STATE

    The Committee recommends a total of $3,890,008,000 for 
fiscal year 1997 for the Department of State. This amount is 
$1,123,957,000 less than the budget request and $78,867,000 
less than the amounts appropriated for fiscal year 1996 for the 
Department.
    The Committee recommendation includes a total of 
$2,633,715,000 for the appropriation accounts under 
Administration of Foreign Affairs; $1,207,400,000 for the 
appropriation accounts under International Organizations and 
Conferences; $40,893,000 for International Commissions; and 
$8,000,000 for Other activities. The Committee's recommended 
priorities for the Department of State are delineated in the 
following paragraphs.

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    The Committee recommends $1,706,150,000, including 
registration fees, for the Diplomatic and Consular Programs 
account. The Committee recommendation represents a reduction of 
$41,759,000 from the budget request for the functions funded in 
this account and a reduction of $10,746,000 from the current 
year appropriation. Together with the $28,723,000 of program 
decreases already built into the budget request, the 
recommendation will require a reduction of $52,882,000 below 
the amount required to maintain the fiscal year 1996 operating 
level in fiscal year 1997, and will require substantial 
reductions and other streamlining and savings initiatives.
    This appropriation account provides for the formulation and 
execution of United States foreign policy, including the 
conduct of diplomatic and consular relations with foreign 
countries, diplomatic relations with international 
organizations and related activities. The account includes 
funding for all of the program and operations bureaus and 
offices of the Department of State and the Foreign Service.
    The Committee has included requested language in the bill 
which will provide not to exceed $700,000 in registration fees 
collected pursuant to section 45 of the State Department Basic 
Authorities Act for activities of the Office of Defense Trade 
Controls. The Committee has also included language provisions 
under this heading which provide $1,223,000 in fees collected 
from other Executive Branch agencies for lease or use of 
facilities at the International Center Complex, as authorized 
by law, and $450,000 to be derived from the reserves. The 
budget request proposed to include the language relating to the 
International Center in a separate account, and had proposed 
$594,000 to be derived from reserves. In addition, the 
Committee has included language that provides not to exceed 
$15,000 from reimbursements, surcharges, and fees for use of 
Blair House facilities in accordance with the State Department 
Basic Authorities Act of 1956.
    The bill includes a provision which permits up to 20 
percent of the amounts made available in the Diplomatic and 
Consular Programs account and Salaries and Expenses account to 
be transferred between such appropriations accounts in order to 
provide administrative flexibility to the Department.
    The bill also includes a provision that permits the 
collection of not to exceed $150,000,000 from machine readable 
visa fees, under the same terms and conditions as contained in 
the fiscal year 1996 bill.
    The bill retains and updates a provision included in the 
fiscal year 1996 appropriations bill that sets forth the 
funding for the Diplomatic Telecommunications Service, 
$24,856,000 for existing base services and not to exceed 
$17,230,000 for program enhancements, and requires that 
$2,500,000 of the enhancement funding be withheld until 15 days 
after submission of a report on ongoing pilot projects is 
submitted.
    Finally, the bill includes language requiring that starting 
in fiscal year 1998, a system be in place that allocates to 
each department and agency the full cost of its presence 
outside the United States.
    Spending Reductions.--The budget request of $1,747,909,000 
for this account, was based on a net increase of $31,013,000 
over the final fiscal year 1996 appropriation, including 
$42,836,000 in net base increases, $28,723,000 in program 
decreases, and $16,900,000 in program increases. In 
recommending $1,706,150,000, which is $41,759,000 below the 
budget request, the Committee has made the following 
assumptions:
          --$15,000,000 in resources available from MRV fees 
        that were not reflected in the budget request.
          --no funding for overseas equipment replacement. 
        Funding for this can be transferred from the Security 
        and Maintenance of Buildings Abroad account.
          --no funding for the International Telecommunications 
        Union Plenipotentiary. The Department is directed to 
        explore all options for obtaining private funding to 
        support this meeting and to report back to the 
        Committee no later than September 1, 1996.
          --carrying forward the reductions in administrative 
        and personnel services mandated by P.L. 104-134.
          --and the balance to be absorbed through efficiency 
        initiatives such as the overseas staffing model, to 
        rationalize the assignment of personnel overseas.
    The Committee recommendation will potentially require 
additional reductions in personnel. The Committee recognizes 
that the Department has already made a major effort, reducing 
personnel by 1,369 between fiscal year 1995 and 1996, and that 
the budget request calls for a reduction of an additional 265 
positions. However, the Committee believes that additional 
reductions can be found as a result of the overseas staffing 
model initiative to ``right-size'' the number of people working 
in each overseas post.
    While there have been numerous discussions over the past 
year concerning the overlap between the functions carried out 
by State Department economic officers and the United States and 
Foreign Commercial Service (US&FCS) in overseas posts where 
both are present, there has been no discernible effort to 
address the issue. On the State Department side, the Committee 
is aware that there has been an effort to weed out unnecessary 
economic reporting, and to make that reporting a function of 
the situation in the particular post. The Committee is further 
aware that in a number of posts, economic and political offices 
have been combined, and the officers given responsibility to 
deal with foreign government policy, be it political or 
economic. Nonetheless, in posts where both State and US&FCS are 
present, they operate separately, rather than as a unit. With 
the decline in formal reporting, the solution, in posts where 
both are present, may be to eliminate economic officer 
positions and turn residual policy negotiating responsibilities 
to the political officers, and to fully utilize the US&FCS to 
take the lead to assure that all economic and commercial issues 
of importance to both Departments are being given the proper 
attention.
    The Committee recommendation does not assume any further 
post closings. The Department is in the process of closing 14 
posts on which agreement was reached in September, 1995. Upon 
completion of this process, it will then be timely to reexamine 
the existing posts to see if further adjustments are advisable. 
But prior to conducting that effort, it would be worthwhile to 
bring the foreign aid and national security agencies together 
to determine whether the United States has a coherent and 
coordinated approach to the drawdown of its overseas presence.
    The Committee would like the Department to reexamine the 
U.S. presence in Malabo, Equitorial Guinea, in light of the 
increasing presence of Americans there, to determine whether it 
would make sense to station a consular officer there full-time, 
and report to the Committee by February 1, 1997.
    It has been brought to the Committee's attention that there 
is a need for the establishment of a new Consulate General in 
Siberia, to be located between the regions now covered from 
Yekaterinburg and Vladivostok. The Department of State should 
study the feasibility of this proposal and report back to the 
Committee within six months. The report should include any 
proposed locations and associated costs for a Consulate 
General. If this is determined to be feasible, the Committee 
would expect a proposal to be put forth by the Department of 
State during the fiscal year 1998 budget process.
    Utilizing resources available through the machine readable 
visa fees, the Department, in conjunction with the Immigration 
and Naturalization Service, is to provide a plan for 
implementation of an exit strategy in order to be able to 
determine which visa holders have overstayed their visa, 
including concrete steps and a timetable. The plan is to be 
submitted no later than February 1, 1997.
    Overseas staffing model.--The Committee continues to take 
very seriously the need to rationalize overseas presence, not 
only for the State Department, but for all agencies that have 
an international presence. For the State Department, a major 
initiative, the overseas staffing model, is being undertaken to 
establish an objective measure of how posts should be staffed, 
by establishing five model embassy categories, delineated by 
foreign policy objectives and interests, and size. Associated 
with each category will be a staffing level for executive/
program function and administrative operations. Current post 
staffing levels will be compared with the models, and 
adjustments made. Once carried out, this will be the first time 
that the State Department will be able to provide an 
analytically justifiable rationale for the allocation of 
personnel and resources in foreign posts. The Committee 
understands that this model will be used to put together the 
fiscal year 1997 financial plan to spend the funds the 
Committee is hereby recommending, and wishes to be kept 
informed of the progress in the implementation of this 
initiative. The Committee expects that personnel and budget 
savings will result.
    International cooperative administrative support system.--
The Committee is also insistent upon undertaking measures to 
rationalize the overall assignment of Americans overseas, of 
which State Department personnel make up about one-third of the 
total. Under the current system, agencies other than State do 
not pay the full cost of personnel overseas. As a result, these 
agencies are not required to make decisions based on a cost-
benefit basis. The Committee believes the U.S. taxpayer will be 
much better served by having each agency incur its true costs 
of overseas operations to ensure these costs are managed 
properly. At a time when State Department presence overseas is 
declining, while the presence of other agencies is increasing, 
the time has come to overhaul the cost-allocation system.
    As part of the National Performance Review, the State 
Department and the 35 other Departments and agencies with an 
overseas presence have been working cooperatively through the 
President's Management Council to devise a new system to 
allocate costs of staff and operations overseas to replace the 
current Foreign Affairs Administrative Support system. This new 
system, known as International Cooperative Administrative 
Support Services (ICASS), would make the allocation of costs 
among participating agencies more transparent and establish 
local councils to make the provision of administrative services 
more responsive to the needs of each agency. Currently, pilot 
projects are underway in four countries, and in fiscal year 
1997, all posts will be participating in a test of the system. 
The Committee directs that the new system be fully implemented 
in fiscal year 1998, including the new allocation of costs. 
Language has been included in the bill, stating that a system 
shall be in place in 1998 to allocate to each department and 
agency the full cost of its presence outside of the Untied 
States.
    The Committee believes that the State Department should be 
taking all steps necessary to assure that ICASS will be 
implemented in fiscal year 1998, and wishes to be advised 
immediately of any circumstances that might cause delay. The 
Office of Management and Budget is directed to ensure that in 
the fiscal year 1998 budget submission, each Federal agency 
budget for the cost of its overseas presence in accordance with 
ICASS.
    Diplomatic Telecommunications Service.--The Committee has 
retained bill language earmarking the amount to be provided for 
the Diplomatic Telecommunications Service Program Office (DTS-
PO). The Diplomatic Telecommunications Service (DTS) is 
intended to be an organization that provides a unified system 
of communications for agencies located at diplomatic posts 
overseas, to end duplication, and provide cost-savings. 
Currently, a pilot project is underway at five posts to 
determine the benefits of such a system. The Committee believes 
the following steps need to be taken to move forward on this 
concept: (1) based on the results of the pilot projects, DTS-PO 
needs to proceed with plans for an overall evaluation of the 
impact of the potential benefits of DTS for all posts overseas 
to determine the impact and potential savings of implementing 
this system worldwide; (2) the DTS-PO policy board, 
representing all agencies involved, should be strengthened, and 
operating procedures developed, so that it can carry out the 
duties it was intended to perform, including reviewing and 
approving all policy, plans and budgets; and (3) the mechanism 
for financing DTS needs to be established, which would 
presumably consist of a revolving fund to support current 
operations. Currently, funding for enhancements is increasingly 
being used to pay for the operation of previous enhancements.
    Criminal record checks for visa applications.--During this 
year's budget hearings, the Committee was disturbed to learn 
that there is no system in place to check non-immigrant visa 
applicants for any previous criminal records in the United 
States, with some exceptions relating to drugs and terrorism. 
The Committee believes that more must be done to ensure that 
aliens with criminal records or who are subject to warrants and 
holds are denied visas to the United States. The Committee 
directs that the Secretary of State and the Director of the 
Federal Bureau of Investigation prepare a joint report which is 
due no later than February 1, 1997 from the Department of State 
and the Federal Bureau of Investigation, which details plans to 
ensure that the Department of State will have access to 
information currently available to the FBI regarding the 
criminal records of aliens or the names and appropriate 
identifying information regarding aliens who are subject to 
warrants and holds. This program shall be devised in such a 
manner that, while helping to achieve the overall goal of 
excluding criminal aliens from the United States, it minimizes 
the impact on the process of adjudicating and processing visas 
for both immigrants and non-immigrants.
    Other issues.--The Committee expresses deep appreciation 
for the outstanding contribution that Foreign Service 
professionals have made to the advancement of United States 
interests abroad. The men and women of the Foreign Service have 
demonstrated patriotism, courage, and ingenuity in dealing with 
and adapting to the post-cold war environment, and especially 
in dealing with hardships brought on by shrinking resources and 
the nation's growing international responsibilities.
    The Committee would like to be assured that Federal 
employees overseas have the opportunity to worship, and have 
not been denied that opportunity through restrictions on the 
availability of a place to conduct services. The Department is 
expected to report by October 15, 1996 on its policy in this 
area, including its full and direct response to any situations 
where the Department has received complaints that that 
opportunity has been restricted. The Committee encourages the 
Department to allow U.S. citizens to use U.S. embassies, 
consulates or other diplomatic facilities for worship services 
or religious meetings in countries where conducting such 
religious services is prohibited by law or would subject U.S. 
citizens to persecution or other personal danger.
    Within the recommendation for this account, the Committee 
has provided sufficient funding to continue the International 
Center for the Study of Canadian-American Trade project for a 
final year, through a grant or contract mechanism.

                         Salaries And Expenses

    The Committee recommends $352,300,000 for the Salaries and 
Expenses account of the Department of State. This amount 
represents a reduction of $5,859,000 from the budget request 
and a reduction of $12,398,000 from the current year 
appropriation.
    This appropriation provides for the management, 
administrative, and support functions of the Department of 
State, including the Office of the Secretary.
    The Committee notes that the budget requested for this 
account was $6,539,000 below last year's level. In part this is 
due to the shifting of some consular operating costs to be 
funded by the machine readable visa fee, and in part it is due 
to the administrative and personnel reductions assumed in the 
budget. The Committee has recommended a further reduction from 
last year's level and the budget request, because of the need 
to continue a strong reform agenda, particularly in the 
Washington-based operations that are primarily funded out of 
this account. In fiscal year 1996, the Department undertook the 
Strategic Management Initiative, which was comprised of 46 re-
engineering initiatives. Some of these recommendations are just 
coming to pass, such as the initiative to eliminate one bureau, 
in response to which a reprogramming to consolidate the Bureau 
of Diplomatic Security and the Office of Foreign Missions has 
recently been submitted. However, similar initiatives are not 
included in this year's budget proposal, and the Committee's 
recommendation is intended to encourage a second round of re-
engineering initiatives. For instance, the Department has two 
Under Secretaries to whom only one Assistant Secretary reports, 
which would seem to be good candidates for re-engineering.
    Although the Vice President's Reinventing Government 
announcement in January, 1995 identified the significant 
overlap of functions between the Arms Control and Disarmament 
Agency and the Department's Bureau of Political-Military 
Affairs as a target for the elimination of duplication, there 
has, so far, been no plan announced to eliminate such 
duplication. The Bureau of Political-Military Affairs has taken 
some steps, through the elimination of four positions. The 
Committee is anxious for a resolution to this long-standing 
issue, and requests a report from the Department and ACDA 
containing final recommendations for the elimination of 
duplication by February 1, 1997. As part of this report, the 
Department should consider the need for a separate Under 
Secretary to whom only one Assistant Secretary reports.
    The Committee commends the consolidated Overseas Schools 
Assistance Program for its continuing efforts in improving the 
quality of education for United States dependents living 
overseas. With funding from the Salaries and Expenses 
appropriations of the Department of State, the United States 
Information Agency and the Agency for International 
Development, the program accomplishes the dual objective of 
providing educational opportunities for U.S. dependents and of 
introducing American educational philosophy and practice to 
local children and educators. The Committee also commends the 
accomplishments of the members of the Overseas Schools Advisory 
Council and its Educational Assistance Programs for generating 
private sector financial support and participation in the 
activities of the American-sponsored overseas schools.

                        Capital Investment Fund

    The Committee recommends $16,400,000 for the Capital 
Investment Fund, the same as enacted in fiscal year 1996, 
compared to a request of $32,800,000. The Department has a 
great need to undertake an information management modernization 
effort. Requirements for this effort could amount to 
$300,000,000 or more over the next several years. However, the 
Committee is reluctant to commit significant resources to this 
effort until there is a fully developed plan that assures that 
such funding will be spent wisely and with a likelihood of 
success. The Department has yet to demonstrate that a plan has 
been developed that addresses these concerns. Consequently, the 
Committee has deferred consideration of increased funding for 
this account until such a plan has been produced.

                      Office Of Inspector General

    The Committee recommends $27,495,000 for the Office of 
Inspector General, which is an increase of $165,000 over the 
amount provided in fiscal year 1996, and an increase of 
$126,000 over the budget request. The Inspector General 
conducts oversight at the State Department, the Arms Control 
and Disarmament Agency, and, as a result of the fiscal year 
1996 appropriation bill, the United States Information Agency.
    Currently, the funds for oversight of ACDA are contained in 
the ACDA budget, and the Inspector General must request funds 
from ACDA in order to inspect and audit ACDA programs. This is 
an unacceptable situation, as it gives ACDA veto power over the 
Inspector General's ability to investigate the agency. 
Consequently, the Committee has begun the process of moving 
funds for oversight of ACDA directly into the Inspector 
General's budget by decreasing the level of funding for ACDA by 
$143,000, and increasing the Inspector General's budget by a 
similar amount. This does not fully solve the problem, and will 
require additional funds from ACDA to carry out oversight 
activities. The Committee recommends that the fiscal year 1998 
budget include all funds for the oversight of ACDA directly as 
part of the Inspector General's budget.
    The bill includes language that was agreed to in fiscal 
year 1996 providing the Inspector General with authority over 
the United States Information Agency, and waiving the statutory 
requirement that every post be inspected every five years, in 
order to provide greater flexibility to the Inspector General 
to utilize resources in the most productive manner.

                       Representation Allowances

    The Committee recommends $4,490,000 for representation 
allowances authorized by section 905 of the Foreign Service Act 
of 1980. This amount is $166,000 less than the budget request 
and $10,000 below the amount provided in fiscal year 1996.
    These funds are used to reimburse Foreign Service Officers 
for expenditures incurred in their official capacities abroad 
in establishing and maintaining relations with officials of 
foreign governments and appropriate members of local 
communities.

              Protection Of Foreign Missions And Officials

    The accompanying bill includes a total of $8,332,000 for 
the appropriation entitled, ``Protection of Foreign Missions 
and Officials''. This amount is the same as the budget request, 
and $247,000 less than the appropriation provided for fiscal 
year 1996.
    This account reimburses local governments and communities 
for the extraordinary costs incurred in providing protection 
for international organizations, foreign missions and 
officials, and foreign dignitaries under certain circumstances. 
The Committee believes that local jurisdictions which incur 
such costs must submit a certified billing for such costs in 
accordance with program regulations. The Committee also 
believes that in those circumstances where a local jurisdiction 
will realize a financial benefit from a visit from a foreign 
dignitary through increased tax revenues, that such 
circumstances should be taken into account by the Department in 
assessing the need for reimbursement under this program. The 
Committee expects the Department to treat such submissions 
diligently and provide reimbursement to local jurisdictions on 
a timely basis if claims are fully justified.
    Of the total amount recommended, $1,574,000 is available 
for protection of foreign diplomats and their families 
throughout the United States. The Foreign Missions Act of 1982 
authorizes the provision of such services when necessary either 
at the request of a foreign mission or at the initiative of the 
Secretary of State. In these situations, where State and local 
authorities cannot provide the security required, the Act 
permits the Department of State to employ the services of 
private security firms.
    Of the total amount recommended, $6,758,000 is allocated to 
reimburse New York City for the protection of foreign missions 
and officials credited to the United Nations and other 
international organizations. These funds provide for the costs 
of guard posts and security escort and motorcade services to 
foreign missions and personnel assigned to the United Nations.
    The bill includes language making these funds available 
until September 30, 1998, as requested in the budget.

           Security and Maintenance of United States Missions

    The Committee recommends a total appropriation of 
$370,000,000 for Security and Maintenance of United States 
Missions. This is a reduction of $15,043,000 from the amount 
provided in the current fiscal year and a reduction of 
$16,060,000 from the budget request. The Committee 
recommendation includes a provision carried in the bill in 
previous years which prohibits funds from being used for 
acquisition of furniture and furnishings and generators for 
other departments and agencies.
    Security.--The Committee requests that the Department 
immediately review security arrangements at all U.S. posts 
overseas, and, if additional measures are required to improve 
security, over and above what was recently submitted to the 
Committee in a reprogramming request, to submit a reprogramming 
to carry out those measures.
    Budget.--The recommended reduction of $15,043,000 is taken 
for two reasons. First, the Department intends to utilize funds 
in fiscal year 1996 to purchase properties which would 
otherwise be acquired by lease. The result should be a 
reduction in the amount required for lease payments submitted 
as part of the budget request. Second, the Committee believes 
that the Department should sell the residence in Hamilton, 
Bermuda, which is in excess of the needs of maintaining a 
presence in Bermuda, and it has reduced the appropriation for 
this account in anticipation of this sale.
    No new buildings are funded under this recommendation. The 
funding is to be used to allow the Department to manage U.S. 
Government real property worth in excess of $10,000,000,000, 
including maintaining 2,792 Government-owned and long-term 
leased properties at 250 posts, and leasing approximately 
17,000 residential, office, and functional properties and 
units, not only for the Department of State, but for all U.S. 
Departments, agencies, and personnel overseas. The Department's 
latest inspection and survey identified 4,100 maintenance 
needs, with an estimated cost of $250,000,000. In addition, it 
has identified 64 major facility rehabilitation projects that 
need to be implemented over the next five years at an estimated 
cost of $260,000,000. The need appears to be far greater than 
the available funding. The Committee renews its direction to 
the Department to submit an updated five-year plan and to 
identify the current backlog of needed repairs as soon as 
possible, so that the Committee can keep track of the 
Department's progress in addressing these needs.
    The Administration's request for this account, less the 
$4,000,000 requested for new facilities in the countries of the 
former Soviet Union, which is not approved, is broken out in 
the following table. Funding for the new facilities can be 
undertaken with proceeds from sale of existing real estate. The 
Committee recommendation requires a reduction of $12,060,000 
from the requested amounts.

           SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

                       [In thousands of dollars]

        Activities                                   FY 1997 recommended
Capital building program......................................         0
Leasehold program.............................................  $122,557
Functional programs:
    Physical security upgrades................................     5,000
    Fire life safety..........................................     6,890
    Energy conservation.......................................     1,961
    Power support program.....................................     5,696
    Seismic program...........................................       673
    Hazardous material inspection.............................     2,750
    Maintenance of buildings..................................    68,991
    Facility rehabilitation...................................    49,000
    Facility maintenance assistance...........................    35,110
    Interior planning and design..............................     7,308
    Project supervision and engineering.......................    30,382
    Construction security.....................................    21,634
Headquarters..................................................    24,108
Undistributed reduction....................................... (-12,060)
                    --------------------------------------------------------------
                    ____________________________________________________

      Total recommended.......................................   370,000

    Management of existing real estate portfolio.--Given the 
budget constraints under which the Committee is operating, 
there is not likely to be any appropriation for new buildings 
for any time in the foreseeable future. Funding for any 
required new facility is likely to be available only from the 
proceeds of the sale of existing real estate. As a result, it 
is incumbent upon the Department to step up its management of 
its existing real estate portfolio. A recent General Accounting 
Office report indicated that more could be done with the 
disposition of unneeded properties, and the Committee believes 
the Department really has no choice but to actively pursue 
these recommendations in order to meet identified facility 
needs. The Committee has specifically recommended disposition 
of the Hamilton, Bermuda residence, and the Department is 
expected to examine any facility that is larger, or more costly 
to operate, than can be justified.
    In order to assure oversight of the disposition and 
acquisition of facilities, the Department is expected to submit 
a quarterly report on its transactions, and to seek a 
reprogramming with respect to plans for any major new facility, 
such as an embassy, or consulate.

           Emergencies In The Diplomatic And Consular Service

    The Committee recommends $5,800,000 to enable the Secretary 
of State to meet unforeseen emergencies arising in the 
Diplomatic and Consular Service. This amount is the same as the 
budget request, but is $200,000 less than the amount 
appropriated for fiscal year 1996.
    The Committee has included a provision in the bill which 
permits up to $1,000,000 to be transferred from this account to 
the Repatriation Loans Program account, as requested in the 
budget. This provision will ensure an adequate level of 
resources for loans to American citizens through the 
Repatriation Loans Program account should that account require 
additional funds in fiscal year 1997 due to an unanticipated 
increase in the number of loans needed.
    The appropriation provides resources for the Department of 
State to meet emergency requirements in the conduct of foreign 
affairs. The Committee recommendation provides funds for: (1) 
travel and subsistence expenses for relocation of American, 
United States Government employees and their families from 
troubled areas to the United States and/or safe-haven posts; 
(2) allowances granted to State Department employees and their 
dependents evacuated to the United States for the convenience 
of the Government; and (3) payment of rewards for information 
concerning terrorist and narco-terrorist activities.

                   Repatriation Loans Program Account

    The Committee has included $593,000 for the subsidy cost of 
repatriation loans, which is the same as in the current fiscal 
year and the budget request, and $663,000 for administrative 
costs of the program as authorized by 22 U.S.C. 2671, which is 
the same as in the budget request, and an increase of $480,000 
over the current fiscal year.
    The reason for the increase over the fiscal year 1996 level 
is that the Inspector General issued an audit which recommended 
that ``the Department take action to properly classify all 
Repatriation Loan Program administrative expenses'' to comply 
with the Credit Reform Act of 1990. Previously, administrative 
costs have been split between this account and the Salaries and 
Expenses account.
    This account provides emergency loans to assist destitute 
Americans abroad who have no other source of funds to return to 
the United States.

              Payment To The American Institute In Taiwan

    The accompanying bill includes $15,001,000 for the 
appropriation entitled, ``Payment to the American Institute in 
Taiwan''. This amount is the same as the budget request, and 
$144,000 below the amount provided in fiscal year 1996.
    The Committee believes it would be helpful in examining 
this account if the budget submission displayed total funding 
availability for this activity, including both appropriated 
funds and funds derived from other sources, and requests that 
this change be made in the fiscal year 1998 budget.
    The Taiwan Relations Act requires that programs concerning 
Taiwan be carried out by the American Institute in Taiwan and 
authorizes funds to be appropriated to the Secretary of State 
to carry out the provisions of the Act. The Institute 
administers programs in the areas of economic and commercial 
services, cultural affairs, travel services, and logistics. The 
Department of State contracts with the American Institute in 
Taiwan to carry out these activities.

     Payment To The Foreign Service Retirement And Disability Fund

    The Committee recommends $126,491,000 for the appropriation 
entitled, ``Payment to the Foreign Service Retirement and 
Disability Fund''. This amount is the full budget request and 
is $1,089,000 more than the amount appropriated for fiscal year 
1996. The increase provided in the Committee recommendation is 
required to amortize the unfunded liability in the system, as 
documented by the annual evaluation of Fund balances.
    This appropriation, which is considered mandatory for 
budget scorekeeping purposes, is authorized by the Foreign 
Service Act of 1980 which provides for an appropriation to the 
Fund in 30 equal annual installments of the amount required for 
the unfunded liability created by new benefits, new groups of 
beneficiaries or increased salaries on which benefits are 
computed. The Retirement Fund is maintained through 
contributions by participants; matching government 
contributions; special government contributions, including this 
account; interest on investments; and voluntary contributions.

              International Organizations and Conferences

              Contributions to International Organizations

    The recommendation includes a total of $875,000,000 for 
payment of the obligations of United States membership in 
international organizations as authorized by conventions, 
treaties, or specific Acts of Congress for fiscal year 1997 and 
no advance appropriations. This is $17,000,000 below the fiscal 
year 1996 appropriation, and is $170,000,000 below the budget 
request for fiscal year 1997. In addition, the budget request 
includes a proposal for advance appropriations of $43,076,000 
for each fiscal year from 1998 through 2001 for payment of 
arrearages, for which the Committee has not recommended any 
funding under this account. Consideration is given to the 
arrearage issue under the Contributions to International 
Peacekeeping Activities account.
    The Committee includes language, carried in the fiscal year 
1996 Appropriations Act, withholding from the United Nations 
$80,000,000 of the total funds available under this heading, to 
be made available on a quarterly basis upon certification by 
the Secretary of State that the United Nations has taken no 
action to increase funding for any United Nations program 
without identifying an offsetting decrease elsewhere in the 
United Nations budget and cause the United Nations to exceed 
its no-growth budget for the biennium 1996-1997 adopted in 
December, 1995.
    The Committee also includes language, carried in previous 
years, relating to: (1) payment of arrearages; (2) a 
prohibition on use of funds to pay for interest on borrowed 
funds; and (3) a certification requirement that the United 
Nations has established an independent Office of Inspector 
General.
    The Committee also recommends a new provision allowing the 
transfer of up to $10,000,000 to the International Conferences 
and Contingencies account, to provide a source of funding, 
should it be required, for a number of provisional 
international organizations for which funding may be required 
in fiscal year 1997. This issue is discussed further under 
International Conferences and Contingencies.
    The Committee notes that the total fiscal year 1997 request 
for international organizations increased by $153,000,000, or 
17 percent, over the amount appropriated in fiscal year 1996. 
At a time of fiscal restraint, when all parties are committed 
to reaching a balanced budget, and funding for most domestic 
and international programs is being reduced, providing an 
increase for assessments for nearly every international 
organization is difficult at best.
    The budget request is to a certain extent overstated. Using 
current currency exchange rates, the total assessment required 
would be reduced by approximately $22,000,000. In addition, the 
budget request includes funding for organizations from which 
the United States has withdrawn. Furthermore, the request does 
not take into account credits against assessments that, for 
instance, reduced the assessment payable to NATO in fiscal year 
1996 by approximately $10,000,000. Reductions from these 
factors approach $50,000,000. In addition, the request includes 
the assessment for an organization that will be established 
only after the Chemical Weapons Convention comes into force, 
the timing of which remains uncertain.
    Nonetheless, the budget request for current year 
assessments represents a sizable increase, for which resources 
are not available. The Committee recommendation will require 
the Administration to prioritize among organizations.
    The Committee's recommendation is made upon the same basis 
as the fiscal year 1996 appropriation that was enacted into 
law. Funding is expected to be provided to fund the full fiscal 
year 1997 assessment for the International Atomic Energy 
Agency, the World Trade Organization, the North Atlantic Treaty 
Organization and the related North Atlantic Assembly, and the 
United Nations, subject to certifications included in the bill. 
No funds are provided for the five organizations which were not 
funded in fiscal year 1996, of which the principal one is the 
United Nations Industrial Development Organization, from which 
the United States has withdrawn. Any shortfall in funding is to 
be allocated among the remaining organizations and is to be 
prioritized according to the importance of each international 
organization to the national interest of the United States.
    Reform.--At a time when funding for domestic programs is 
being significantly reduced because of budget constraints, 
international programs will be subject to the same scrutiny. In 
order to bring the costs of memberships in these international 
organizations under control, substantial reforms are necessary: 
first, to establish true zero-based budgeting as the way these 
organizations function; and second, to achieve the internal 
reforms necessary to assure the organizations stay within their 
budgets and funding is not being provided for inefficient, 
unnecessary or duplicative purposes.
    Some initial reforms have been achieved: the creation of an 
Inspector General at the United Nations; the enactment into law 
of a reduction in the peacekeeping rate of assessment paid by 
the United States to 25 percent; and the passage of a no-growth 
budget at the United Nations for the 1996-1997 biennium. 
However, the U.N.'s willingness to follow through on the no-
growth budget is in question. The U.N. has already committed to 
expenditures that exceed the budget, in return for vague 
promises about finding savings over the course of the biennium. 
The Committee has repeated a condition enacted in fiscal year 
1996 that conditions $80,000,000 of funding for the U.N. on a 
certification by the Secretary of State that the U.N. has taken 
no action to exceed its no-growth budget. That certification 
should not be made until real offsets have been adopted to pay 
for the costs of activities not contemplated in the biennial 
budget adopted in December, 1995. This is a critical test of 
whether reforms promised in return for funding will be real or 
will be abandoned once funding is received.
    Beyond that, the need for substantial reform at the U.N. is 
long overdue and widely acknowledged. The Administration has 
proposed an initiative that would entail the payment of 
arrearages in return for reforms to be agreed upon by the 
Administration and Congress. The Committee has addressed this 
proposal, as it relates to the U.N., under the next account, 
Contributions to International Peacekeeping Activities.
    With respect to other international organizations, reform 
efforts are not really underway. The most notable achievement 
has been the Administration's decision to withdraw from lower 
priority organizations, including the United Nations Industrial 
Development Organization, the Pan American Railway Congress 
Association, and the World Tourism Organization. The Committee 
notes that the budget requested assessments in this account for 
payments to six organizations, the budgets of which the United 
States voted against; two organizations which the United States 
abstained from approving; and one which the United States did 
not support. Furthermore, six of the largest organizations do 
not have audit and investigation units that meet the test of 
what the United States would expect of an Inspector-General-
type operation. A first step to begin the reform process in the 
other international organizations is to insist on no-growth 
budgets that will require those organizations to undertake 
initiatives to promote efficiency and eliminate wasteful 
spending, and to establish Inspector General operations to 
investigate waste, fraud, and abuse. The Department is to 
report by February 1, 1997 on progress in these areas.
    Arrearages.--The budget includes a request to pay 
$43,076,000 in arrearages to international organizations in 
fiscal year 1997 and to provide advance appropriations of 
$43,076,000 for 1998 through 2001, totaling $215,380,000, in 
return for statutorily-imposed conditions concerning the reform 
of international organizations. Of the total amount, 
$56,015,000 is for the U.N., which is the total of U.S. 
arrearages with respect to the U.N. regular assessment, and the 
balance is for 22 other organizations, of which the largest 
amount is for the Food and Agriculture Organization. The 
Committee addresses the issue of U.N. arrearages under the next 
account, but has not recommended any action with respect to the 
arrearages of the remaining organizations at this time, because 
there has been no agreement on reforms or a timetable for 
implementing them with respect to the other organizations.
    Other issues.--The budget requests funding under this 
account for the Organization for the Prevention of Chemical 
Weapons, an organization that will be established if the 
Chemical Weapons Convention comes into force. The amount 
requested for the U.S. assessment for this organization is 
$24,935,000, which is much greater than the $17,000,000 
requested in fiscal year 1996 in anticipation of entry into 
force, and would mean a first year operating budget for the 
organization of $100,000,000. The cost of this organization 
appears to be increasing greatly even before U.S. ratification 
or entry into force of the Convention, which causes concern 
about the ultimate annual cost of this organization and whether 
steps are being taken to control the cost before it becomes 
operative. The Committee requests a report by February 1, 1997 
on why the anticipated first-year budget is so large, what the 
ultimate annual cost is expected to be, and what steps are 
being taken to control the cost.
    No funding is provided for support of world-wide 
conferences, which the Administration says it does not support, 
but which continue to occur with U.S. participation.

        Contributions For International Peacekeeping Activities

    The Committee recommends a total of $332,400,000, for 
United States payments for Contributions for International 
Peacekeeping Activities for fiscal year 1997 and no advance 
appropriations. This is $26,600,000 below the amount provided 
in fiscal year 1996, and $92,600,000 below the budget request 
for fiscal year 1997. It is $692,880,000 below the total budget 
request including advance appropriations. The recommendation 
for fiscal year 1997 is $871,000,000 below the total amount 
appropriated in the fiscal year 1995 appropriations bill, 
indicating how greatly peacekeeping assessments have been 
reduced over the past two years.
    The budget requests $425,000,000 for fiscal year 1997, 
including $282,600,000 for estimated peacekeeping assessments 
for fiscal year 1997 and $142,400,000 for payment of 
arrearages. In addition, the budget includes a request for 
advance appropriations of $600,280,000 for payment of 
arrearages, comprised of $150,070,000 for each of fiscal years 
1998, 1999, 2000, and 2001. Payment of arrearages is proposed 
to be contingent on meeting conditions imposed by law 
concerning the reform of the United Nations, but no specific 
conditions are proposed in the budget request.
    The Committee's recommendation for fiscal year 1997 
provides a total of $332,400,000, of which $282,400,000 is for 
fiscal year 1997 peacekeeping assessments, and $50,000,000 is 
for payment of arrearages, subject to conditions. No funds are 
recommended as advance appropriations.
    Payment of FY 1997 peacekeeping assessments.--The Committee 
recommends $282,400,000 for estimated assessments for the cost 
of U.N. peacekeeping missions in fiscal year 1997. This is 
$200,000 below the budget request, and $77,000,000 less than 
fiscal year 1996. Assessments will be paid at the rate of 25 
percent, which is one of the major reforms that have been 
achieved in the peacekeeping area. The overall amount provided 
for peacekeeping indicates that the trend for the cost of 
peacekeeping missions continues sharply downward, as the U.N. 
has ended involvement in large and costly missions, like 
Somalia and UNPROFOR in Bosnia. The issue in fiscal year 1997 
is to bring to an end a number of missions that should be ready 
to phase out, like Haiti, the follow-on missions in the former 
Yugoslavia, Western Sahara, and others.
    The bill retains language enacted in fiscal year 1996, 
requiring 15-day advance notice of any new or expanded mission, 
together with a statement of cost, duration, exit strategy, 
national interest, and source of funds to pay the cost. The 
bill also retains bill language requiring certification that 
American manufacturers and suppliers are provided equal 
procurement opportunities.
    Payment of arrearages.--The Committee recommends 
$50,000,000 for arrearages in fiscal year 1997, compared with 
the budget request of $142,400,000 in fiscal year 1997, and 
advance appropriations of $600,280,000 in fiscal years 1998-
2001. Payment of the $50,000,000 for arrearages is contingent 
upon certification by the Secretary of State that at least two 
of the following have been achieved: (1) savings of 
$100,000,000 will be achieved in the biennial operating 
expenses of four components of the United Nations--the United 
Nations Conference on Trade and Development, the Regional 
Economic Commissions, the Department of Public Information, and 
the Department of Conference Services--and travel and overtime; 
(2) the number of professional and general service staff 
employed by the United Nations Secretariat will be at least ten 
percent below the number of such positions on January 1, 1996 
at the conclusion of the 1996-1997 biennium; and (3) the United 
Nations has adopted a budget outline for the 1998-1999 biennium 
that is below $2,608,000,000, as part of a five-year program to 
achieve major cost-saving reforms in the United Nations and 
specialized agencies. The agencies named under (1) are 
components of the U.N. that the United States has taken the 
position are in need of reform, and for which the U.S. has 
recommended budget reductions. This will require that the 
$100,000,000 reduction in expenses be achieved by the end of 
calendar year 1997. Under (3), the budget outline is to be 
calculated under procedures that include within the budget 
adequate amounts for contingencies and that require the 
absorption or offset of all unbudgeted costs. The rationale in 
making arrearage payments contingent upon budget reductions is 
that if these budget reductions are carried out, the cost of 
U.S. membership in the U.N. will decline, and the proposed 
arrearage payments will be paid back through these savings.
    The Committee has made this recommendation to indicate that 
if the U.N. is serious about reform, and willing to undertake 
basic reforms that will lead to a streamlined, less costly and 
improved organization, the Committee will endeavor to take 
steps to address the arrearage issue. However, unlike the 
Administration's proposal, which called for four years of 
advance appropriations for peacekeeping arrearages up front, 
the Committee believes any effort to address arrearages must be 
taken a step at a time, and a year at a time, and should be 
proportional to the reform that the U.N. achieves. The 
Committee cannot support payment of arrearages if the funding 
will be used to support wasteful practices and business-as-
usual. The Committee looks forward to working with the House 
International Relations Committee and the State Department on a 
comprehensive five year reform plan in conjunction with the 
proposal for payment of arrearages.
    The reason there are substantial arrearages is due almost 
entirely to the fact that in fiscal year 1995 the 
Administration submitted a supplemental request of $672 million 
to pay 1995 peacekeeping costs which was not approved by the 
Congress because the Administration refused to identify budget 
offsets to pay for the supplemental. (Currently, the U.S. is 
insisting the U.N. offset budget increases with reductions in 
other programs.) Were it not for the Administration's 
unwillingness to propose a budget-neutral way to pay these 
assessments without increasing the deficit, arrearages to the 
U.N. recognized by the U.S. would be relatively small, 
amounting to approximately $56 million in assessments for the 
U.N. regular budget. It should be noted that the level of 
arrearages to the U.N. that the U.S. recognizes as legally 
payable is between $500 and $600 million, less than half of 
what the U.N. claims.

              International Conferences And Contingencies

    The Committee does not recommend separate funding to 
finance the U.S. participation in multilateral 
intergovernmental conferences and contributions to new or 
provisional international organizations. This is $2,996,000 
less than provided in fiscal year 1996 and $5,820,000 less than 
requested in the budget.
    International Conferences.--This account has not functioned 
as the Committee believes it should, to coordinate or in any 
way limit the number of participants in conferences. The 
current practice is for this account to fund a number of 
government participants in an international conference, but, in 
addition, any Department has the ability to send any number of 
additional participants and pay for the costs out of its own 
budget. The Office of International Conferences has a rule of 
thumb that there should not be more than ten delegates to a 
conference, but that rule is honored oftentimes in the breach. 
Neither the Office of International Conferences nor any other 
office appears to have the authority to limit the number of 
participants or the expenses associated with attendance at 
international conferences. As a result, the funds provided in 
this account end up functioning as an additional source of 
travel funds for participants in international conferences.
    In the fiscal year 1996 report, filed on July 19, 1995, the 
Committee noted that the Department needed to do a more 
rigorous job of prioritizing which of the approximately 700 
scheduled conferences the U.S. chose to attend and of limiting 
the number of representatives. It further recommended that the 
Department follow up on the recommendation of the State 
Department Inspector General to consult with the Office of 
Management and Budget on expanding the authority of the Office 
of International Conferences to monitor overall costs to the 
U.S. government as well as the size and composition of 
conference delegations, and a report on the results of that 
effort was requested. The Committee received a four paragraph 
report on July 2, 1996, which did not mention whether any 
consultation with OMB had taken place.
    The Committee believes that a mechanism is necessary to 
coordinate the size and cost of delegations to international 
conferences. Until such a mechanism is set up, however, the 
Committee does not see the purpose of providing funding for 
this account.
    New or Provisional Organizations.--The other purpose of 
this account is to provide contingency funds for new or 
provisional international organizations. To assure that such 
funds are available, language is included under the 
Contributions to International Organizations account to allow 
the transfer of up to $10,000,000 to this account for the 
purpose of providing such funds. This transfer authority is 
necessary, because several preparatory commissions may come 
into existence in fiscal year 1997, including Preparatory 
Commission II under the Chemical Weapons Convention, the 
Preparatory Commission that would result if the Comprehensive 
Test Ban Treaty is signed, and the Biological Weapons 
Convention Review Conference. Funding for the latter two 
commissions was requested as part of the Arms Control and 
Disarmament Agency's budget. In addition, this transfer 
authority could be used to fund two small organizations that 
are currently funded under this account.

                       International Commissions

 International Boundary And Water Commission, United States And Mexico

    The recommendation includes a total of $24,953,000 for the 
International Boundary and Water Commission, United States and 
Mexico (IBWC). This amount is $6,284,000 more than the amount 
provided in fiscal year 1996, and $885,000 less than the total 
budget request for fiscal year 1997. The total amount provided 
includes $18,490,000 for Salaries and Expenses and $6,463,000 
for Construction.

                         Salaries and Expenses

    The Committee recommendation for the Salaries and Expenses 
account is $18,490,000, an increase of $6,446,000 over the 
amount provided in fiscal year 1996 and $26,000 less than the 
budget request.
    The recommendation includes the full program increase of 
$6,472,000 to fund costs for the operation and maintenance of 
the new South Bay International Sewage Treatment Plant which is 
scheduled to begin operation in fiscal year 1997. When fully 
operational, this plant will treat Tijuana sewage, and make a 
major contribution toward ending a severe pollution problem 
that has impacted San Diego and surrounding areas.
    The increase is partially offset by a decrease of $26,000 
from the budget request, which is to be taken as a general 
administrative reduction.

                              Construction

    The Committee recommendation for IBWC Construction provides 
$6,463,000, which is $162,000 below the amount provided in 
fiscal year 1996, and $859,000 below the budget request. The 
Committee understands that there is up to $859,000 remaining 
from amounts previously appropriated for Mexican participation 
in the International Wastewater Treatment Plant which has not 
been identified for other uses. The Committee intends that this 
carryover, together with the appropriation of $6,463,000, be 
used to fund all activities requested in the budget, including 
all costs associated with the start-up of the Treatment Plant, 
as well as reimbursement to San Diego for treatment of 
increased sewage flows.
    IBWC is reminded that it needs to keep the Committee 
informed of any plans that might be formulated with respect to 
its headquarters office building.

              American Sections, International Commissions

    The Committee recommends a total of $5,490,000 to fund the 
U.S. share of expenses of the International Boundary 
Commission, the International Joint Commission, United States 
and Canada, and the Border Environment Cooperation Commission 
for fiscal year 1997. This amount is $301,000 less than the 
amount provided in fiscal year 1996, and $137,000 less than the 
budget request.
    The Committee recommendation provides $615,000 for the 
International Boundary Commission, $22,000 below the current 
year and $6,000 below the budget request. The International 
Boundary Commission is responsible for maintaining the boundary 
line between the United States and Canada.
    The Committee recommendation provides $3,225,000, for the 
International Joint Commission, $132,000 below the current 
year, and $35,000 below the request. The mission of the 
International Joint Commission is to oversee water resource 
projects along the U.S.-Canadian border and assist the United 
States and Canada to resolve issues and disagreements regarding 
the use of water, and address other environmental issues along 
the U.S.-Canadian border.
    The Committee recommendation also includes $1,650,000 for 
the third year of funding for the Border Environment 
Cooperation Commission (BECC), authorized under the legislation 
approving the North American Free Trade Agreement (NAFTA). This 
is $147,000 below the amount appropriated in fiscal year 1996, 
and $96,000 below the request. BECC works with States, local 
communities and nongovernmental organizations to propose 
environmental infrastructure projects eligible for financing by 
North American Development Bank. The House-passed Foreign 
Operations appropriations bill reduced fiscal year 1997 funding 
for NAD Bank by approximately 10 percent, and, as a result, the 
Committee has recommended a slight reduction in BECC funding to 
adjust to the fact that financing will be available for fewer 
projects.

                  International Fisheries Commissions

    The recommendation provides a total of $10,450,000 to fund 
the U.S. share of the expenses of ten International Fisheries 
Commissions, participation in the International Council for the 
Exploration of the Sea, participation in the North Pacific 
Marine Sciences Organization, travel expenses of the United 
States commissioners and their advisors, and salaries of 
nongovernment employees of the Pacific Salmon Commission for 
days actually worked as commissioners and panel members and 
alternates.
    The recommendation is $4,216,000 below the amount provided 
in fiscal year 1996, and $4,219,000 below the request, 
primarily because of a transfer of funds for a portion of the 
Great Lakes Fishery Commission budget to another account in 
this bill.
    The Committee recommendation provides the requested level 
for the Great Lakes Fishery Commission of $8,353,000, the same 
as last year, despite the fact that Canada has reduced its 
contribution by 20 percent, but has provided it under two 
different accounts: $4,254,000 for the Commission under this 
account, and $4,099,000 for the sea lamprey eradication program 
under the National Oceanic and Atmospheric Administration, 
Oceanic and Atmospheric Research account. This has been done to 
put the United States on a par with the way Canada is paying 
its obligations to the GLFC.
    Canada currently provides a cash contribution of 
approximately $900,000 to GLFC for central administration, and 
provides for sea lamprey eradication through in-kind 
contributions to its equivalent of the U.S. Fish and Wildlife 
Service. The U.S., on the other hand, has been providing its 
contribution of $8,353,000 all in cash to GLFC, which in turn 
contracts with the U.S. Fish and Wildlife Service for sea 
lamprey eradication. GLFC can then collect interest on the U.S. 
contribution until such time as it pays the bill from the Fish 
and Wildlife Service. In fact, in fiscal year 1996, GLFC will 
receive $659,000 in interest on U.S. contributions for sea 
lamprey programs. Rather than have the Federal Government 
borrow money to make the payment of these funds to GLFC, which 
GLFC can then use to collect interest, it would make much 
greater sense to provide sea lampricide services in kind, as 
the Canadians do. Consequently, the Committee has provided the 
funding for the sea lampricide program under NOAA, which can 
then arrange directly with the U.S. Fish and Wildlife Service 
to carry out the sea lampricide program. NOAA is obviously 
better qualified to administer a sea lampricide program than is 
the State Department.
    In addition to the transfer of $4,099,000 to NOAA, the 
Committee has recommended a reduction of $120,000 from the 
requested amount, to be taken from any proposed increases over 
fiscal year 1996 contribution levels for commissions funded 
under this account.

                                 Other

                     payment to the asia foundation

    The Committee recommends an appropriation of $8,000,000 for 
payment to the Asia Foundation for fiscal year 1997. This is 
$3,000,000 above the amount provided in fiscal year 1996 and 
proposed in the budget request. The Foundation received an 
appropriation of $15,000,000 in fiscal year 1995.
    The Asia Foundation is a private, nonprofit institution, 
the purpose of which is to stimulate Asian democratic 
development and assist the peoples of Asian countries to shape 
their own destinies.
    The Committee believes that the Asia Foundation plays an 
important role in promoting democracy in Asia, and has 
recommended an increase in funding to assure adequate funding 
for its activities, as it continues to seek increased outside 
funding to support its operations in the future.

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                arms control and disarmament activities

    The Committee recommends $38,495,000 for the basic 
operating expenses of the Arms Control and Disarmament Agency 
(ACDA) for fiscal year 1997, which is $9,960,000 below the 
request, and $143,000 below the amount appropriated in fiscal 
year 1996. In addition, in fiscal year 1996, ACDA was given the 
authority to use carryover funds originally appropriated for 
Chemical Weapons Convention activities for operating expenses.
    The fiscal year 1997 request contained two items that are 
not included in the recommendation: $4,000,000 for activities 
related to the implementation of a Comprehensive Test Ban 
Treaty, in the event that the treaty negotiations result in an 
agreement, and $525,000 for the Biological Weapons Convention 
Review Conference. Authority has been provided under the State 
Department Contributions to International Organizations account 
to transfer up to $10,000,000 to the International Conferences 
and Contingencies account to allow funding for these sorts of 
activities, should the events leading to the convening of these 
commissions take place.
    The Committee has provided the same level of appropriation 
for ACDA as was provided in fiscal year 1996, with one 
exception. The Committee has permanently transferred $143,000 
from ACDA to the State/ACDA Inspector General as a first step 
in providing the IG with direct funding for oversight of ACDA. 
Currently, the IG must request funding from ACDA to conduct 
such oversight activities. The Committee believes that is not 
an appropriate arrangement, and urges that full funding for the 
IG's activities with respect to ACDA be requested in the IG's 
budget in fiscal year 1998.
    The Committee believes there are a number of actions ACDA 
can take to operate within the recommended funding level 
without harming the basic mission of the agency: (1) eliminate 
positions that are duplicative with the Bureau of Political 
Military Affairs at the State Department (State has eliminated 
at least four positions, including an Assistant Secretary, 
while ACDA has eliminated none); (2) convert reimbursable 
details from other agencies, which cost in excess of 
$6,000,000, to a non-reimbursable basis; (3) rely on the 500 
government-wide research and development programs related to 
arms control and non-proliferation funded in excess of $2.5 
billion a year for research needs; (4) move operations in The 
Hague to the embassy; (5) cut back on ACDA's fellows programs; 
and (6) reduce the size of the public relations office.
    The Committee understands that meetings between State and 
ACDA are taking place to further discussions on reductions in 
overlap and clarification of responsibilities. The Committee 
requests bi-monthly reports on the progress of these 
discussions. This issue has been pending since the Vice 
President proposed reductions in ACDA and the State Department 
to eliminate duplication as part of the second phase of the 
National Performance Review in January, 1995. Preliminary 
recommendations that were discussed included personnel 
reductions in both agencies. However, a year and a half later, 
this issue has not been resolved, and the Vice President's 
office has not issued any instructions on implementing those 
recommendations. The Committee believes it is time for this 
issue to be brought to a close.
    The Arms Control and Disarmament Agency negotiates, advises 
on, and assesses compliance with, arms control and 
nonproliferation agreements.

                    United States Information Agency

    The Committee recommends a total of $1,035,050,000 for the 
United States Information Agency to carry out the information, 
educational and cultural exchange activities, and international 
broadcasting operations of the Agency. The Committee 
recommendation also provides requested funding for the National 
Endowment for Democracy for fiscal year 1997. The Committee 
recommendation also provides for the requested appropriation of 
interest and earnings on the Eisenhower Exchange Fellowship 
Program Trust Fund and the Israeli Arab Scholarship Endowment 
Fund. This total amount is $90,718,000 less than the budget 
request for these items, and $49,333,000 less than the fiscal 
year 1996 appropriation. The details of the Committee's 
recommendations for the eight appropriations of the Agency are 
contained in the following paragraphs.

                         salaries and expenses

    The Committee recommends $439,300,000 for the Salaries and 
Expenses appropriation of the United States Information Agency 
(USIA). This amount is $28,716,000 less than the budget 
request, and $6,071,000 below the amount appropriated in fiscal 
year 1996.
    The Committee recommendation includes the following 
limitations on the use of funds similar to those carried in the 
bill in previous years: (1) $700,000 for temporary employees; 
(2) $25,000 for entertainment, including official receptions as 
authorized by law; (3) $1,400,000 for representation abroad as 
authorized by law; (4) $7,615,000, to remain available until 
expended, in fees credited to this appropriation which are 
received in connection with English teaching, library, motion 
pictures, student advising and counseling, and publication 
programs; and (5) $1,100,000 to remain available until expended 
to carry out projects involving security construction and 
related improvements for agency facilities not physically 
located together with State Department facilities abroad.
    The Committee recommendation assumes that adjustments to 
base will be absorbed. Reductions below the fiscal year 1996 
appropriation are to be taken in the following areas: research 
and media reaction in relation to non-essential polling 
activities; and operations in western Europe and Canada, which 
are parts of the world that have the freest access to 
information and are most likely to be exposed to the American 
point of view through other means.
    USIA has undergone major reductions over the past several 
years. Compared with fiscal year 1994, the fiscal year 1997 
request will fund 1,000 fewer employees, a reduction of nearly 
20 percent. Twenty-eight posts around the world have been 
closed. The Committee recommendation will require further 
reductions. USIA will need to continue to downsize, streamline 
and re-engineer its structures and processes to carry out its 
activities with less resources.
    The Committee understands that funds were provided for a 
book donation program out of USIA's special use set aside in 
fiscal year 1996. The Committee would have no objection to 
provision of those funds through that mechanism in fiscal year 
1997.

                            technology fund

    The Committee recommends $5,050,000 for the Technology 
Fund, the same level as provided in fiscal year 1996, and 
$4,950,000 below the budget request. The purpose of this 
account is to establish a technology investment fund to 
modernize USIA's non-broadcasting computer and 
telecommunications infrastructure and to replace an investment 
strategy that relied heavily on available year-end funds.
    Due to budget constraints, the recommendation freezes this 
account at last year's level. USIA will have to prioritize its 
technology projects. However, the Committee encourages USIA to 
develop its plans for establishment of a high-speed digital 
network, and to provide the Committee with a plan for its 
implementation no later than February 1, 1997.

               educational and cultural exchange programs

    The bill includes a total of $185,000,000 for the 
Educational and Cultural Exchange Programs of the United States 
Information Agency. This amount is $14,727,000 less than in 
fiscal year 1996, and $17,412,000 below the budget request. In 
addition, USIA expects to receive a transfer of approximately 
$30,000,000, the same amount as in fiscal year 1996, to 
continue Freedom Support Act exchange programs.
    Within the total, the Committee recommends $98,000,000 for 
the Fulbright program, and $87,000,000 for other programs. To 
the maximum extent possible, the conferees urge that the 
following exchange programs be supported: the International 
Visitors Program, the Pepper Scholarships, including the 
Executive Education Program for Central European Business and 
Professional Leaders, the Muskie Fellowships, the Humphrey 
Fellowships, the Disability Exchange Clearinghouse, the 
Congress Bundestag Exchanges, the South Pacific Exchanges, 
other Asian exchanges, including the Mike Mansfield Fellowship 
Program, and the Institute for Representative Government. With 
respect to the Newly Independent States exchanges, the 
Committee expects that funding will be distributed equitably 
among high-school, college, graduate, and post-graduate 
programs.
    In its fiscal year 1996 report, the Committee requested a 
report on whether the administration of the Fulbright program 
should be opened up to competition. The report provided by USIA 
indicated that the Agency might decide to compete one major 
component of the program, and if so, then it would likely begin 
with the fiscal year 1998 program year. In view of the 
declining resources for exchange programs, and the need to find 
new ways to save costs, the Committee believes it would be 
worthwhile to find out whether substantial savings and 
improvements can be attained through competition. The Committee 
expects the Agency to establish an appropriate mechanism for an 
open competition for administration of the Fulbright program as 
expeditiously as possible, to consider conducting the 
competition on a regional basis, and to report to the Committee 
no later than December 20, 1996 on its plans.
    In addition, the Committee would like USIA to provide a 
report on the issue of whether the Muskie Fellowships and the 
Regional Exchange Program should be opened up to Central and 
Eastern Europe, no later than February 1, 1997.
    Within the total amount of funding provided, funding for 
exchange support activities is included.
    The Committee expects that a proposal for the distribution 
of the available resources among exchange programs, as well as 
proposed enhancements for exchanges with the Newly Independent 
States, will be submitted through the normal reprogramming 
process prior to final decisions being made.

                 eisenhower exchange fellowship program

           eisenhower exchange fellowship program trust fund

    The Committee recommends an appropriation of interest and 
earnings totaling $600,000 in the Eisenhower Exchange 
Fellowship Program Trust Fund, authorized by the Eisenhower 
Exchange Fellowship Act of 1990 (Public Law 101-454).
    The Eisenhower Exchange Fellowship Act of 1990 authorized a 
permanent endowment for the Eisenhower Exchange Fellowship 
Program to increase educational opportunities for young leaders 
in preparation for and enhancement of their professional 
careers and to advance peace through international 
understanding. The Act established the Eisenhower Exchange 
Fellowship Program Trust Fund in the United States Treasury for 
these purposes. A total of $7,500,000 has been provided to 
establish a permanent endowment for the program, from which the 
appropriation of interest and earnings is provided to 
Eisenhower Exchange Fellowships, Incorporated.

                    israeli arab scholarship program

    The Committee recommends language in the accompanying bill 
which will appropriate interest and earnings of the Israeli 
Arab Scholarship Endowment Fund totaling $400,000. This is the 
full budget request and the same as was enacted in fiscal year 
1996. A permanent endowment of $4,978,500 for the Fund was 
established in fiscal year 1992 with funds made available to 
the United States Information Agency under section 556(b) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, as amended. The income from the 
endowment is to be used for a program of scholarships for 
Israeli Arabs to attend institutions of higher education in the 
United States.

              American Studies Collections Endowment Fund

    The Committee has not included language relating to the 
American Studies Collections Endowment Fund, because all 
remaining funds in the fund are being expended in fiscal year 
1996. This account was proposed for deletion in the budget 
submission, as well.

                 International Broadcasting Operations

    The Committee recommends $335,700,000 to carry out United 
States International Broadcasting Operations for fiscal year 
1997. This is $29,706,000 below the budget request and 
$13,933,000 less than the comparable amounts provided in fiscal 
year 1996. The Committee recommendation includes funding for 
all international broadcasting activities under this account, 
including Broadcasting to Cuba, as requested in the budget, 
except for television broadcasting to Cuba, which is not 
funded. Under the United States International Broadcasting Act 
of 1994, all broadcasting activities are under the 
responsibility of the Broadcasting Board of Governors. In 
fiscal year 1996, funding was provided separately for 
Broadcasting to Cuba.
    The bill retains language included in fiscal year 1996 
relating to representation expenses, authorized fees, and 
authority to use funds for Broadcasting to Cuba for radio 
facilities as well as operations. The bill does not retain 
language that allowed $5,000,000 to remain available until 
expended, and does not include language proposed in the budget 
to allow purchase of aerostats, since no funding is included in 
the request for this purpose.
    The Committee recommendation provides for funding at 1996 
levels for activities in this account, except for television 
broadcasting to Cuba, which is not funded, and assumes that 
adjustments to base will be absorbed. Reductions below the 
fiscal year 1996 appropriation are to be taken in the following 
areas: the Broadcasting Board of Governors, as proposed in the 
budget, and WORLDNET television, to adjust its budget to 
account for less emphasis to be placed on production 
activities.
    International broadcasting has undergone major reductions 
over the past several years. Compared with fiscal year 1994, 
the fiscal year 1997 request will fund 1,500 fewer positions, a 
reduction of 31 percent. Direct broadcast programming hours 
have been reduced by 24 percent. Five relay stations have been 
closed. The Committee recommendation for fiscal year 1997 is 29 
percent lower than the fiscal year 1994 appropriation. At the 
recommended funding level, further reductions will be required, 
and broadcasting will still need to prioritize its activities 
to provide services to those countries that are most in need of 
the voice of freedom.
    The Committee is especially concerned about obligations 
continuing for Asia Pacific Network/Radio Free Asia without an 
approved plan in place justifying the expenditure of 
appropriated funds. The Committee has been made aware that the 
plan submitted by the Broadcasting Board of Governors in 
November, 1995, in accordance with the 90-day deadline in 
Public Law 103-236, is not being followed for the expenditure 
of funds for this new entity. Neither has a new or revised 
detailed plan been provided to the Committee. In view of this 
continuing lack of approval of a plan for operations of APN/
RFA, the Committee directs that none of the funds appropriated 
in this Act may be obligated for APN/RFA until the Committee 
has approved a detailed operating plan which indicates which 
transmission facilities will be utilized and the total 
transmission costs, and shows over a five-year period that the 
mission can be accomplished within a $10 million annual 
operating level. The Committee's concern extends to current 
expenditures of prior year balances, and it encourages the 
Broadcasting Board of Governors not to increase current 
staffing and activities for APN/RFA until it can submit a plan 
justifying those expenditures to the Committee and 
demonstrating that this is a cost-effective avenue for the 
United States government to enhance its broadcasting to Asia. 
The Committee believes that planning and justification 
materials for a new entity should be at least as detailed and 
rigorous as for ongoing programs.
    The Committee is concerned that it has not seen a plan and 
cost estimate for the relocation of the headquarters of the 
Office of Cuba Broadcasting to south Florida but understands 
that the Broadcasting Board of Governors has appointed a 
subcommittee to develop a plan. As soon as the plan is 
completed, the USIA and the Broadcasting Board of Governors 
shall provide a report to the Committee on the employees that 
are expected to move, the cost of the move, and the source of 
funds to pay for the move.
    USIA and the Broadcasting Board of Governors are directed 
to provide their plan for the expenditure of funds under this 
account to the Committee prior to the start of the fiscal year.

                           Radio Construction

    The bill includes $39,000,000 in new budget authority for 
the Radio Construction account for fiscal year 1997. This 
amount is $164,000 less than the budget request and $946,000 
less than the level provided in fiscal year 1996. The amount 
recommended will provide for maintenance, improvements, 
replacements and repairs; satellite and terrestrial program 
feeds; engineering support activities; and broadcast facility 
leases and land rentals.
    The title of this program is somewhat of a misnomer. In 
fiscal year 1997, there will only be one major construction 
project underway, to build a shortwave relay station in the 
Northern Mariana Islands, to improve broadcasts to Asia. That 
project has been downsized from original plans for an $87 
million project to a $20 million project, for which the 
$6,000,000 included in the budget request represents the second 
year of funding.
    The remaining funds in this account are provided for 
engineering support activities, and for maintenance, repair and 
modernization of equipment to allow USIA to keep its 
broadcasting system operational. The major element in the 
proposed modernization funding is to move forward on digital 
processing and distribution, which is required to replace the 
current analog system that is on the verge of obsolescence.
    Funding for this program has been severely reduced. Prior 
to fiscal year 1996, the level of appropriations averaged twice 
the current level.

                          Broadcasting To Cuba

    Funding for Broadcasting to Cuba is considered under the 
International Broadcasting Operations account, as requested in 
the fiscal year 1997 budget.

                            East-West Center

    The Committee does not recommend funding for maintaining 
and operating the East-West Center. The budget contained a 
request of $8,800,000, and in fiscal year 1996, $11,750,000 was 
provided.
    Because of budget constraints, the Committee does not 
recommend continued funding for the East-West Center as a sole-
source appropriation to a private organization affiliated with 
a university. The purpose of the Center is to promote better 
relations and understanding between the United States and the 
nations of Asia and the Pacific through cooperative programs of 
research, study and training.
    The Center started receiving a direct subsidy from the 
Federal government in fiscal year 1961. Over the past ten 
years, the Federal government has provided $216,180,000 for its 
operation.
    In fiscal year 1995, the Center received $3,401,000 in 
other Federal grants and $8,887,000 in private funding, so it 
should be possible to continue the core functions of the Center 
without this funding.

                           North/South Center

    The Committee does not recommend funding for continued 
support of the operations of the North/South Center. The budget 
contained a request of $970,000, proposed as a continuation of 
the phase-out of Federal funding, and $2,000,000 was provided 
in fiscal year 1996.
    Because of budget constraints, the Committee cannot 
recommend continued funding for this sole-source appropriation 
to a non-governmental organization affiliated with a 
university. The mission of the Center is to promote, through 
cultural and technical exchanges, better relations among the 
United States, Canada, and the nations of Latin America and the 
Caribbean.
    The Center started receiving a direct subsidy from the 
Federal government in 1991. Since that time, the Federal 
government has provided $37,400,000 for its operations. Prior 
to 1991, the Center operated on private funding and competed 
for project-specific Federal grants.
    The discontinuation of Federal funds does not necessarily 
mean the dissolution of the Center. The Center can solicit 
private donations and compete for Federal grants available to 
support its programs and research, as it did prior to 1991.

                    National Endowment For Democracy

    The Committee recommends $30,000,000 for the National 
Endowment for Democracy for fiscal year 1997, the same as the 
budget request and the amount provided in fiscal year 1996.
    The National Endowment for Democracy is a private, non-
profit corporation established to encourage and strengthen the 
development of democratic institutions and processes 
internationally through private-sector initiatives, training, 
and other activities, including those which promote pluralism, 
democratic governance, civic education, human rights, and 
respect for the rule of law. The Endowment does not carry out 
programs directly, but provides funding for projects which are 
determined to be in the national interest of the United States 
and which are administered by private organizations and groups.

      General Provisions--Department of State and Related Agencies

    The Committee recommends the following general provisions 
for the Department of State similar to the provisions that were 
included in the fiscal year 1996 Appropriations Act:
    Section 401 of the bill permits funds appropriated in this 
Act for the Department of State to be available for allowances 
and differentials as authorized by subchapter 59 of 5 U.S.C.; 
for services as authorized by 5 U.S.C. 3109; and hire of 
passenger transportation pursuant to 5 U.S.C. 1343(b).
    Section 402 of the bill permits up to five percent of any 
State Department appropriation to be transferred to another 
State Department appropriation, but no program can be increased 
by more than ten percent, and also provides the same authority 
to United States Information Agency programs. In addition, the 
language provides that any transfer pursuant to this subsection 
shall be treated as a reprogramming of funds under section 605 
of the accompanying bill and shall not be available for 
obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Section 403 provides that funds hereafter appropriated or 
otherwise made available under this Act or any other Act may be 
expended for compensation of the United States Commissioner of 
the International Boundary Commission, United States and 
Canada, only for actual hours worked by such Commissioner.
    Section 404 waives the statutory requirements that programs 
in this title be authorized prior to obligation or expenditure 
of funds.
    Section 405 requires any closing or downsizing costs 
incurred by any agency funded in this title to be absorbed 
within the resources of the agency, and allows transfer 
authority to carry out this requirement, subject to 
reprogramming requirements.
    The Committee also recommends section 406, which is 
described in the following paragraphs:
    The Constitution (Article II, Section 2), gives the 
President power ``. . . by and with the Advice and Consent of 
the Senate, to make treaties, . . .''.
    The Committee notes that on June 25, the Administration 
announced that preliminary agreement had been reached with 
Russia, Ukraine, Belarus and Kazakhstan on two key issues 
relating to the Anti-Ballistic Missile Treaty (ABM) of 1972. 
The first of these agreements will establish a Phase I Agreed 
Statement on demarcation between theater missile defense 
systems and ABM systems. The second, a Memorandum of 
Understanding on succession, will expand membership in the 1972 
ABM treaty to include the former Soviet states of Ukraine, 
Belarus and Kazakhstan.
    It is the view of the Committee that both these agreements 
are of a significant substantive nature. Further, a major 
impact of these agreements would be the negative effect of 
limiting the ability of the United States to develop and deploy 
effective and technologically advanced missile defense systems 
designed to protect the American people from ballistic missile 
defense. Because they are substantive, the agreements under 
consideration in the Standing Consultative Commission (SCC) 
should be submitted by the President to the Senate for full and 
open discussion and Senate advice and consent as provided for 
in the Constitution. However, the Executive refuses to assure 
the Congress they will be submitted.
    The Committee therefore recommends language which prohibits 
the use of funds made available by this Act or any other Act to 
support the negotiating activities of the Standing Consultative 
Commission (SCC) or to implement agreements, amendments or 
understandings to the Anti-Ballistic Missile Treaty of 1972 
reached after January 1, 1996 by the Standing Consultative 
Commission, or pursuant to United States-Russian bilateral 
discussions, regarding demarcation or the multilateralization 
of the ABM Treaty. The President may waive this prohibition if 
he certifies to the Congress that any amendments, agreements or 
understandings reached pursuant to these activities or 
discussions will be submitted to the Senate for its advice and 
consent.
    The language recommended by the Committee does not 
prejudice the outcome of the Senate's constitutional 
responsibility to provide its advice and consent to treaty 
changes; it simply balances and protects the roles of both the 
President and the Senate in the treaty making process. If the 
Executive would assure the Congress that these agreements will 
be submitted to the Senate, the language recommended by the 
Committee would be unnecessary.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

    The Committee recommendation includes a total of 
$166,200,000 in new budget authority, plus an additional 
$148,430,000 for liquidation of contract authority, for the 
Maritime Administration for fiscal year 1997, as described 
below:

                    Operating-Differential Subsidies

            (Appropriation to Liquidate Contract Authority)

    The Committee recommends $148,430,000 for payment of 
obligations incurred for operating-differential subsidies of 
American flag vessels. This amount is the full request, and 
represents a decrease of $14,180,000 below the amount made 
available for the program in fiscal year 1996. This amount does 
not score against the Committee's 602(b) allocation for budget 
authority or outlays. This program is being phased out as 
operating-differential contracts expire.

                       maritime security program

    The Committee recommends $63,000,000 for the Maritime 
Security Program, subject to authorization, a reduction of 
$37,000,000 from the budget request. Together with the amount 
appropriated in fiscal year 1996, this funding will provide for 
the operation of the program through fiscal year 1997. The 
authorization for this program passed the House on December 6, 
1995 and is pending in the Senate. The purpose of the Maritime 
Security Program is to maintain and preserve a U.S. flag 
merchant fleet to serve the national security needs of the 
United States. This program is funded under the allocation for 
national security programs.
    The Committee recommends bill language that conforms the 
title of the program to the House-passed authorization, and 
retains language similar to that carried in fiscal year 1996, 
making the appropriation contingent upon enactment of an 
authorization for the program, modified to delete reference to 
the Secretary of Defense. The budget submission requested 
language providing for expenditure of funds for this program 
under the authority of the Merchant Marine Act, 1936.
    The Committee expects the Maritime Administration to submit 
a notification on the proposed operation of this program and 
the proposed distribution of these funds prior to the 
initiation of this program.

                        operations and training

    The Committee recommends an appropriation of $62,300,000 to 
fund programs under the Operations and Training account for the 
Maritime Administration (MARAD). This amount is a reduction of 
$15,797,000 from the budget request, and is a decrease of 
$4,300,000 below the amount appropriated for the current fiscal 
year. This account provides funding for the U.S. Merchant 
Marine Academy, the State maritime schools, and other MARAD 
operations and training.
    The Committee recommendation includes sufficient funding 
for the operation and maintenance of the U.S. Merchant Marine 
Academy at no less than the fiscal year 1996 appropriated 
level. The Committee has not specifically allocated the balance 
of the funds, to provide a measure of flexibility, as requested 
by the MARAD Administrator. However, the Committee intends that 
the amount of funding available for additional training, 
operating programs and general administration of MARAD be no 
higher than the amount appropriated for the current fiscal 
year, less the expected carryover remaining in this account. 
The Committee notes that the following savings can be utilized 
to assure sufficient funds for the programs funded under this 
account: the pending request by the Administrator that two of 
the five State school ships be funded under the Ready Reserve 
Force program, and sale for scrap of two vessels (of the 65 
awaiting sale) in the National Defense Reserve Fleet, of which 
25 percent of the proceeds can be used for the State school 
ships. As in fiscal year 1996, no funds are provided in fiscal 
year 1997 for the MARAD research and development program. MARAD 
is directed to provide its plan for the expenditure of funds 
under this account to the Committee prior to the start of the 
fiscal year.
    The Committee has not included language carried in previous 
years' appropriations acts providing that funds derived from 
the sale or disposal of National Defense Reserve Fleet (NDRF) 
may be used for training and other costs at the U.S. Merchant 
Marine Academy and the State maritime academies, because 
language contained in the Maritime Heritage Act (P.L. 103-451) 
addresses the availability of such funds. The Committee has not 
included language, carried in previous years, making this 
appropriation available until expended.

                    maritime guaranteed loan program

    The Committee has included a total of $40,900,000 in the 
bill for the Maritime Guaranteed Loan (Title XI) Program. This 
amount is $3,100,000 less than the budget request, and is 
$2,600,000 less than the amount provided for fiscal year 1996. 
The bill also includes a total program limitation of 
$1,000,000,000.
    The amount provided includes $37,450,000 in subsidies for 
the guaranteed loan program, which will provide a total program 
level of up to $1,000,000,000. This compares with $40,000,000 
provided in fiscal year 1996 and requested in the budget. The 
reduction in the appropriation for the loan program is due to 
the availability of carryover from previous years. In addition, 
changes to the program in pending legislation could result in a 
lower overall subsidy rate for the program, which would allow a 
higher program level to be supported with this level of 
funding.
    Also, the Committee notes that the amount of loans that the 
appropriation supports depends upon the risk factor applicable 
to the loans that MARAD approves. To the extent that the 
program concentrates on lower-risk loans, the appropriation 
will support a higher total program level, and any risk of 
default will be decreased. The Committee wants to ensure that 
any loan guarantees issued meet the economic soundness 
requirement under Title XI, and would like MARAD to provide a 
report on the process by which loan applications are selected, 
including an explanation of how economic soundness and risk of 
default are taken into account, by February 1, 1997.
    The amount provided also includes $3,450,000 for 
administrative expenses related to this program, $50,000 below 
the amount provided in fiscal year 1996, and a reduction of 
$550,000 below the budget request. The amount provided for 
administrative expenses may be transferred to and merged with 
appropriations for MARAD operations and training to cover the 
common overhead expenses associated with maritime guaranteed 
loans.

                       administrative provisions

    The bill includes several administrative provisions 
involving government property controlled by MARAD, the 
accounting for certain funds received by MARAD, and a 
prohibition on obligations from the MARAD construction fund. 
These provisions have been carried in appropriations Acts for 
the Maritime Administration for several years.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    The Committee recommends $206,000 for the expenses of the 
Commission for the Preservation of America's Heritage Abroad. 
This amount reflects the same level of funding for the 
Commission as provided in fiscal year 1996 and as requested in 
the budget. The recommendation will allow the Commission to 
fund its administrative expenses through appropriated funds 
while relying on privately donated funds for the actual 
purchase and restoration of property.
    The purpose of the Commission is to encourage the 
preservation of cemeteries, monuments, and historic buildings 
associated with the foreign heritage of the American people.

                       Commission on Civil Rights

                         salaries and expenses

    The Committee recommends an appropriation of $8,740,000 for 
the Salaries and Expenses of the Commission on Civil Rights for 
fiscal year 1997. The amount recommended is $2,660,000 less 
than the budget request and the same level provided in the 
current year appropriation.
    The Committee recommends bill language which provides: (1) 
$50,000 to employ consultants; (2) a prohibition against 
reimbursing commissioners for more than 75 billable days with 
the exception of the chairman who is permitted 125 billable 
days; and (3) a limitation of four full-time positions under 
schedule C of the Excepted Service exclusive of one special 
assistant for each commissioner whose compensation shall not 
exceed the equivalent of 150 billable days at the daily rate of 
a level 13 salary under the General Schedule (GS).
    The Subcommittee on the Constitution of the Judiciary 
Committee, the authorizing committee for the Commission in the 
House of Representatives, has requested that funding not be 
increased above the current year appropriation until Congress 
takes further action on reauthorization of the Commission. 
Furthermore, the Committee understands that the Commission was 
able to increase its permanent staffing by ten, even though the 
fiscal year 1996 resource level reflected a small decrease in 
resources over the previous year. The Committee therefore 
believes that the level provided for fiscal year 1997 should 
continue to be adequate to support the Commission's 
requirements.
    The Committee continues to believe, as was stated in the 
House report last year, that the Commission can augment its 
resources for fact-finding and research-related tasks by 
utilizing detail employees from agencies that have expertise in 
civil rights and related matters. The Committee recommends that 
the Commission explore with the authorizing committee any 
changes necessary to existing authorizations to allow for these 
types of agreements.

                    Commission on Immigration Reform

                         salaries and expenses

    The Committee recommends an appropriation of $2,196,000 for 
fiscal year 1997 for the Commission on Immigration Reform, 
which is $302,000 below the amount requested and an increase of 
$302,000 above the total amount available to the Commission for 
fiscal year 1996.
    The Commission's mandate is to review and evaluate the 
impact of U.S. immigration policy and to transmit to the 
Congress a report of its findings and recommendations for 
additional changes that should be made with respect to 
immigration into the United States. The Commission is required 
to issue a final report to the Congress on September 30, 1997. 
The additional funds provided are to support the timely 
completion of this report.
    The Committee's recommendation provides funds to: support 
salaries of the nine Commissioners and the Commission staff; 
travel to hearings and meetings; office expenses; and support 
Commission meetings, hearings and research activities.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    The Committee recommends an appropriation of $1,090,000 for 
the Commission on Security and Cooperation in Europe, the same 
level as appropriated in fiscal year 1996 and as requested in 
the budget. The Committee notes that the Commission also 
receives administrative support from the House of 
Representatives, and believes it would be useful in future 
budget justifications to display the total budget of the 
Commission, including both the appropriations request from this 
Subcommittee and the support expected to be provided by the 
House.
    The Commission was established in 1976 to monitor 
compliance with the final act of the Conference on Security and 
Cooperation in Europe, with particular regard to provisions 
dealing with humanitarian affairs.

                     Competitiveness Policy Council

                         salaries and expenses

    The Committee does not recommend any funding for the 
Competitiveness Policy Council. An appropriation of $50,000 was 
provided in fiscal year 1996, but bill language was included 
stating that that amount represented the final appropriation to 
the Council. While a budget request of $897,000 was submitted, 
the Council has not pursued the request, and did not submit a 
budget justification to the Committee in support of the 
request.
    As of the end of fiscal year 1995, the Council had 
approximately $1,500,000 in carryover funds available to it. 
The Council expects to spend approximately $1,000,000 in fiscal 
year 1996 to complete its work, and use the balance to achieve 
an orderly shut down.
    As stated in the Committee's report accompanying the fiscal 
year 1996 appropriations bill, the Committee believes that the 
Council is duplicative of private sector organizations, such as 
the Council on Competitiveness, which focus on the same issues 
without the use of Federal funds.

                Equal Employment Opportunity Commission

                         Salaries And Expenses

    The Committee recommends $232,740,000 for the Salaries and 
Expenses of the Equal Employment Opportunity Commission for 
fiscal year 1997. This amount is $35,260,000 less than the 
request, and is the same amount provided in the current year 
appropriation.
    The bill also includes language included in previous 
appropriations acts allowing: (1) non-monetary awards to 
private citizens; (2) up to $26,000,000 for payments to State 
and local agencies; and (3) up to $2,500 for official reception 
and representation expenses. Language is not included that 
would make unobligated funds available until September 30, 
1998.
    The Committee understands that the EEOC plans to implement 
Alternative Dispute Resolution in its administrative process to 
reduce its backlogs and provide mediation-based means to 
resolving cases. On June 4, 1996, the House passed H.R. 2977, 
the Alternative Dispute Resolution Act of 1996, which 
reauthorizes the use of alternative means of resolving disputes 
in the Federal administrative process. The Committee believes 
that implementation of ADR will reduce the requirement for 
additional resources for EEOC.

                   Federal Communications Commission

                         Salaries And Expenses

    The Committee recommends total budget authority of 
$185,619,000 for the Salaries and Expenses of the Federal 
Communications Commission (FCC) for fiscal year 1997, of which 
$126,400,000 is to be derived from offsetting fee collections. 
This will result in a direct appropriation of $59,219,000, a 
decrease of $10,796,000 below the request. The amount provided 
is equal to the current year appropriation.
    The FCC is an independent agency charged with regulating 
interstate and foreign communications by means of radio, 
television, wire, cable and satellite.
    The Committee also recommends bill language, similar to 
that included in previous appropriations acts, which allows: 
(1) up to $600,000 for land and structures; (2) up to $500,000 
for care of grounds and buildings; (3) up to $4,000 for 
official reception and representation expenses; (4) up to 
$300,000 for research and policy studies to remain available 
until September 30, 1998; (5) authority to purchase uniforms 
and acquire vehicles; (6) special counsel fees; (7) the 
collection of $126,400,000 in section 9 fees; (8) the 
appropriation to be reduced as section 9 fees are collected; 
and (9) fees collected in excess of $126,400,000 to be 
available in fiscal year 1998.
    The Committee is concerned that the FCC has not taken 
sufficient actions to streamline and reduce its operations in 
response to passage of the landmark Telecommunications Act of 
1996 (P.L. 104-104). While the Committee understands that the 
Commission will experience a short-term increase in workload in 
some areas, the Committee believes that further opportunities 
exist to streamline and downsize the Commission as a result of 
the de-regulation of the industry. Therefore, the Committee 
encourages the FCC to re-evaluate all of its functions and to 
eliminate those unnecessary regulatory functions which have 
been reduced or eliminated by this Act. Such actions will 
enable the Commission to achieve budgetary savings while 
promoting greater competition in the industry.
    The Committee has not provided requested increases related 
to the cost of relocating the FCC headquarters into 
consolidated new space. The fiscal year 1997 request included 
$30,000,000 for the costs associated with the relocation, and 
the FCC anticipates that an additional $10,000,000 will be 
required in fiscal year 1998. It is the Committee's 
understanding that there have been delays, thereby reducing the 
fiscal year 1997 requirements for the move to $19,000,000. 
However, even with the reduced requirement, the Committee's 
funding allocation will not support such significant increases 
for this agency in the current fiscal climate, and the 
Committee remains concerned about the extremely high cost 
estimates associated with this proposed relocation. Therefore, 
the Committee urges the FCC to continue to work to find lower 
cost alternatives to provide for the relocation. Should actions 
relating to the proposed move be necessary in fiscal year 1997, 
the FCC would be required to submit a reprogramming of funds 
under Section 605 of the bill to cover such costs from within 
available resources.
    The Committee has included language in the bill prohibiting 
the FCC from challenging radio license applications or renewals 
for religious broadcasters on the grounds that requiring 
religious knowledge, training, or expertise for employees is 
discriminatory. These concerns have arisen because of the 
potential impact of such actions on legitimate religious free 
speech. The Committee expects the FCC not to deny any license 
application, license transfer or assignment, or license renewal 
on these grounds inconsistent with the right to exercise this 
free speech in recruitment and hiring practices. However, the 
bill includes a provision which exempts from this prohibition 
any appeal from a decision of any administrative law judge 
rendered on September 15, 1995.

                      Federal Maritime Commission

                         Salaries And Expenses

    The Committee recommends an appropriation of $11,000,000 
for the Salaries and Expenses of the Federal Maritime 
Commission (FMC) for fiscal year 1997. This amount is a 
reduction of $3,836,000 below the amount provided for the 
current fiscal year and a reduction of $4,000,000 below the 
budget request. On May 1, 1996, the House passed the Ocean 
Shipping Reform Act, which provides for: the continuation of 
FMC's enforcement activity through January 1, 1997; the phase-
out of the FMC, as part of the deregulation of the 
international ocean shipping industry; and the transfer of 
remaining functions to the Secretary of Transportation. The 
amount recommended by the Committee will allow the FMC to 
continue enforcement activity through January 1, 1997, and then 
provide sufficient funds to proceed with close-out activities.

                        Federal Trade Commission

                         Salaries And Expenses

    The Committee recommends total budget authority of 
$93,819,000 for the Salaries and Expenses of the Federal Trade 
Commission (FTC) for fiscal year 1997, the full amount 
requested and $5,070,000 below the current year appropriation. 
Of this amount, $7,889,000 is to be derived from prior year 
unobligated fee collections, and $58,905,000 is to be derived 
from current year offsetting fee collections from premerger 
filing fees under the Hart-Scott-Rodino Act, resulting in a net 
direct appropriation of $27,025,000. The Committee notes that 
any use of remaining unobligated fee collections from the prior 
year are subject to the reprogramming requirements outlined in 
section 605 of this Act.
    The mission of the FTC is to enforce a variety of Federal 
antitrust and consumer protection laws. Under these laws, the 
Commission seeks to ensure that the nation's markets are 
competitive, function vigorously and efficiently, and are free 
from undue governmental and private restrictions. The 
Commission also seeks to improve the operation of the 
marketplace by eliminating deceptive and unfair practices.
    The Committee recommends bill language, similar to that 
included in previous appropriations acts, which: (1) allows for 
purchase of uniforms and hire of motor vehicles; (2) allows up 
to $2,000 for official reception and representation expenses; 
(3) allows for the collection of fees; (4) allows for the sum 
appropriated to be reduced as fees are collected; (5) allows 
fees in excess of the amount designated in the bill to be 
available in fiscal year 1997, (6) prohibits the use of funds 
to implement section 151 of the Federal Deposit Insurance 
Corporation Improvements Act of 1991, and (7) makes funds 
appropriated from the Treasury for the FTC available until 
expended.
    The Committee is concerned about the lack of FTC 
enforcement of consumer protection laws with regard to 
franchises, having heard reports of franchiser abuse. The 
Committee urges the Commission to continue to act aggressively 
to protect and enforce the rights of franchisees, the majority 
being small businesses with limited resources that leave them 
unable to engage in costly legal battles.

               Japan-United States Friendship Commission

                         Salaries And Expenses

    The Committee does not recommend an appropriation for the 
expenses of the Japan-United States Friendship Commission for 
fiscal year 1997. In fiscal year 1996, an appropriation of 
$1,247,000 and the equivalent of $1,420,000 in Japanese 
currency was provided, representing the interest on a Fund 
established in 1975. The fiscal year 1997 budget included a 
request of $1,250,000 and the equivalent of $1,420,000 in 
Japanese currency.
    Under the terms of Public Law 94-118, which established the 
Japan-United States Friendship Commission, the Commission was 
authorized to spend up to 5 percent of the principal of the 
Japan-United States Friendship Trust Fund. Since 1990, however, 
the Fund has operated under a policy of spending no funds out 
of the principal, and relying on appropriations of interest 
earned on the Fund to finance its operations, supplemented by 
gifts from outside sources. The net result of this policy is to 
create a perpetual Commission, financed by an appropriation 
which, like any other appropriation, constitutes a 
discretionary expenditure that increases the deficit.
    The Committee believes that, in this time of fiscal 
restraint, it makes far more sense for the Commission to 
operate on a self-financing basis, as was apparently envisioned 
in the original legislation, by spending five percent of its 
Fund capital per year, over a twenty-year period. The Fund 
currently contains approximately $15,000,000. These funds, 
together with funds obtained from outside sources, would allow 
the Commission to maintain its highest priority activities over 
a twenty-year period, without the need for annual 
appropriations, and then sunset.
    The Japan-U.S. Friendship Commission supports programs in 
Japanese studies, policy research, the arts, and public 
affairs.

                       Legal Services Corporation

               Payment to the Legal Services Corporation

    The Committee recommendation provides $141,000,000 for the 
Legal Services Corporation for fiscal year 1997. This amount is 
a decrease of $199,000,000 below the request, and $137,000,000 
below the amount provided in fiscal year 1996. This amount 
includes: (1) $134,575,000 for grants to basic field programs; 
(2) $5,300,000 for management and administration to administer 
these grants on a competitive basis; and (3) $1,125,000 for the 
Office of the Inspector General for oversight of the 
Corporation and its grantees.
    This recommendation is made in order to assure that a 
mechanism exists to provide poor individuals with access to the 
civil justice system, while basic policy decisions are being 
considered by the Congress. There is widely divergent opinion 
within Congress on the best way to provide access to the legal 
system for the poor, ranging from continuing the program as it 
was prior to fiscal year 1996, to continuing funding at or near 
the level provided in fiscal year 1996 together with the 
reforms that were enacted to end the Legal Service 
Corporation's involvement in areas of continuing controversy, 
to converting the program to a block grant, to ending Federal 
assistance entirely and replacing it with pro bono assistance 
to be rendered by local bar associations. Determining which 
policy to pursue is beyond the jurisdiction and the expertise 
of the Appropriations Committee in a bill that provides more 
than $29 billion in appropriations for hundreds of different 
programs.
    In fiscal year 1996, this appropriations bill set an 
interim course of funding reductions and program restrictions 
that was intended to be a placeholder for authorization 
committee action. That authorization bill has never been 
brought to the floor. The only course of action that appears 
open to the Committee is to provide another interim measure of 
funding, likely to please no one, to ensure that low income 
individuals have access to the courts while basic policy 
decisions are made in the authorization process about the 
manner in which legal assistance to the poor is provided.
    In addition to providing a limited amount of funding, in 
keeping with past practices the committee has included several 
provisions that continue the applicable restrictions on the 
allowable use of funds provided that were enactd as part of the 
fiscal year 1996 Commerce, Justice, and State, the Judiciary, 
and related agencies appropriations bill.

         Administrative Provisions--Legal Services Corporation

    The Committee recommendation includes language that has the 
effect of continuing all statutory requirements and 
restrictions contained in the fiscal year 1996 appropriation, 
with one modification.
    Section 501 requires that no funds may be used to provide 
financial assistance to any person or entity except through a 
competitive selection process conducted in accordance with 
regulations promulgated according to the criteria set forth in 
the section of the fiscal year 1996 bill that required 
competition for Legal Services grants for all grantees. 
Language is again included which overrides the presumptive 
refunding of grantees under the Legal Services Corporation Act, 
in order to assure the real competitions take place that make 
awards to the best qualified applicants.
    Section 502 requires that none of the funds may be expended 
for any purpose prohibited or limited by, or contrary to, any 
of the provisions in sections 501, 502, 505, 506 and 507 of the 
fiscal year 1996 bill. Section 501 of the fiscal year 1996 bill 
required that funding for basic field programs be distributed 
by geographic area, based on the number of poor people residing 
in each area. Section 502 of the fiscal year 1996 bill set 
forth the eligibility requirements for LSC grantees. Section 
505 of the fiscal year 1996 bill prohibited use of funds for 
payment of any fees or dues to any membership or advocacy 
organization. Section 506 of the fiscal year 1996 bill 
prohibited use of funds to file or pursue a lawsuit against 
LSC. Section 507 of the fiscal year 1996 bill prohibited use of 
funds for any purpose contrary to any authorization for LSC 
that is enacted into law, and provides that the provisions of 
an authorization bill supersede any conflicting provisions in 
these administrative provisions.
    Section 502 also requires that none of the funds may be 
expended for any purpose prohibited by or limited by, or 
contrary to, any of the provisions of section 504 of the fiscal 
year 1996 bill, and provides that the fiscal year 1997 funds 
are subject to the same terms and conditions as set forth in 
section 504 with certain exceptions. Section 504 is the section 
of the fiscal year 1996 bill that set forth a comprehensive 
list of requirements and restrictions on the activities 
undertaken by Legal Services grantees with Federal or non-
federal funds. These restrictions include: redistricting, 
lobbying and rulemaking activities; class actions; collection 
of attorneys fees; representation of illegal aliens; abortion, 
prisoner and welfare litigation; defending suspected drug 
dealers in public housing in eviction litigation; and advocacy 
and union organizing. In addition, LSC grantees are required to 
name plaintiffs and maintain statements of facts when filing 
complaints, and maintain timekeeping records for oversight 
purposes.
    Section 502 also clarifies transition rules with respect to 
cases involving attorney's fees by making clear that those 
transition rules remain in effect as of the date of enactment 
of the fiscal year 1996 appropriations bill.
    In addition, while section 502 continues the prohibition in 
the fiscal year 1996 appropriations bill on use of funds for 
representation of illegal aliens, it also makes an exception, 
to allow non-Federal funds to be used to provide legal 
assistance in domestic violence and related matters. The 
Committee has taken this action to ensure that individuals 
confronted with domestic violence have a way to access the 
Legal Services system. While Legal Services certainly plays a 
role in assuring that a victim of domestic violence has 
recourse, the Committee notes that it has also provided funding 
for a comprehensive commitment to this problem elsewhere in 
this bill. Under State and Local Law Enforcement Assistance, 
Office of Justice Programs, in the Justice title of this bill, 
the Committee has provided $197,500,000 for Violence Against 
Women Act programs. This funding is available to provide law 
enforcement prosecutors and victim services for victims of 
domestic violence, including counselors, court advocates to 
assist in obtaining protection orders; and programs addressing 
stalking and implementing more effective police and prosecution 
policies, protocols, orders and services specifically 
identified to respond to violent crimes against women. In 
fiscal year 1996, the Committee provided $175,000,000 for these 
programs, a 573 percent increase over fiscal year 1995, and to 
date only $473,000 of those funds have been obligated by the 
Department of Justice, despite the Committee's intention that 
this comprehensive network of assistance, both civil and 
criminal, be available to address this growing problem.
    Section 503 makes applicable in fiscal year 1997 the 
requirements in the fiscal year 1996 bill relating to annual 
audits.

                        Marine Mammal Commission

                         Salaries And Expenses

    The Committee recommends $975,000 for the Marine Mammal 
Commission for fiscal year 1997. This is $359,000 below the 
request, and $214,000 below the current appropriation. The 
Committee notes that the National Marine Fisheries Service 
(NMFS) in the Commerce Department is the primary Federal agency 
charged with providing the necessary scientific research and 
evaluation of marine resources, including marine mammals. In 
this bill NMFS is provided $292,907,000 in resources. The 
Committee feels that the Commission can achieve its goals at 
this reduced level of funding by seeking greater efficiencies 
in its operation, and by working more closely with NMFS to 
identify and eliminate overlap and duplication, particularly in 
the area of research.

           Martin Luther King, Jr. Federal Holiday Commission

                         Salaries And Expenses

    The Committee recommends no funding for the Martin Luther 
King, Jr. Federal Holiday Commission, as proposed in the 
budget. In fiscal year 1996, an appropriation of $350,000 was 
provided, with bill language stating that 1996 represented the 
final appropriation for the Commission. This was in accord with 
the decision of the Commission to sunset operations at the end 
of fiscal year 1996. The amount provided in fiscal year 1996 
was sufficient to permit the Commission to carry out the last 
year of activities and to provide for closing costs.

                 National Bankruptcy Review Commission

                         Salaries and Expenses

    The Committee recommends $500,000 for the National 
Bankruptcy Review Commission. No amount was requested or 
appropriated in fiscal year 1996.
    The Commission was appropriated $1,000,000 in fiscal year 
1995 by transfer from the Department of Justice Working Capital 
Fund. The Administration submitted a budget amendment on July 
10, 1996 requesting $500,000 in additional funds for the 
Commission. The request is to allow the Commission to complete 
its work, and provides funding for the Commission at the full 
level of the authorization.
    The Commission was created to: investigate and study issues 
related to the Bankruptcy Code; solicit views from parties 
concerned with the operation of the bankruptcy system; evaluate 
proposals; and submit a report of its findings to the 
President, Congress and the Chief Justice by 1997.

                      Ounce of Prevention Council

    The Committee recommendation does not include funding for 
the Ounce of Prevention Council in fiscal year 1997. In fiscal 
year 1996, $1,500,000 was provided for this program and 
$9,000,000 was requested for fiscal year 1997.
    The primary purpose of the Council is to coordinate crime 
prevention information through development of a crime 
prevention catalogue and providing assistance to communities 
seeking information regarding prevention programs. The 
Committee believes that these responsibilities are duplicative 
of other information dissemination, coordination and assistance 
functions that already exist in Federal agencies that 
administer crime prevention programs. Furthermore, States and 
localities are also assisted by non-profit organizations active 
in crime prevention, such as the National Crime Prevention 
Council, to obtain needed information on crime prevention 
strategies.
    In addition, the Council's grant program, for which 
$8,000,000 is requested, includes grants for summer and after 
school recreation programs, mentoring, programs assisting 
employability, and outreach programs for at-risk families. 
Other grant programs under Juvenile Justice and State and Local 
Law Enforcement Assistance under the Department of Justice are 
available for States and localities to provide these types of 
programs at their own discretion.

                   Securities and Exchange Commission

                         Salaries And Expenses

    The Committee recommends overall funding for the Securities 
and Exchange Commission (SEC) of $297,021,000, the same as 
provided in fiscal year 1996. The overall funding is made up of 
the following components: (1) a direct appropriation of 
$83,047,000 for fiscal year 1997, a decrease of $20,014,000 
below the direct appropriation provided in fiscal year 1996; 
(2) offsetting fees expected to provide $193,974,000 in fiscal 
year 1997, compared to $184,293,000 in fiscal year 1996; and 
(3) carryover of $20,000,000, compared with $9,667,000 in 
fiscal year 1996. The Administration proposed an appropriation 
of $308,189,000, to be reduced to zero upon enactment of 
legislation, which has not yet been submitted, to provide for 
the self-financing of the SEC from fees.
    The Committee recommendation includes bill language 
providing offsetting fees in accordance with the SEC 
reauthorization legislation that passed the House on March 12, 
1996, and was also included in securities reform legislation 
that passed the House on June 19, 1996. These fees consist of 
registration fees under section 6(b) of the Securities Act of 
1933 in the amount of one thirty-third of one percent, compared 
with one twenty-ninth of one percent in fiscal year 1996, and 
transaction fees on over-the-counter transactions in the amount 
of one eight-hundredth of one percent for each $1 million of 
the aggregate dollar amount of sales of last sale reported 
securities. These transaction fees would be collected on a 
semi-annual basis. Under the authorization bill, the amount of 
offsetting fees would gradually decline over the course of five 
years.
    While the total funding level assumed for fiscal year 1997 
is the same as in fiscal year 1996, if the amount of carryover 
realized is greater than the level assumed, the Committee would 
consider a reprogramming to provide a level of funding more in 
accord with the budget request.
    In addition, the Committee recommends bill language, 
similar to that included in previous appropriations acts, 
which: (1) allows for the rental of space; (2) makes up to 
$3,000 available for official reception and representation 
expenses; (3) makes up to $10,000 available for a permanent 
secretariat for the International Organization of Securities 
Commissions; (4) makes up to $100,000 available for expenses of 
meetings and consultations with foreign governmental and 
regulatory officials; (5) appropriates a total of $277,021,000 
and reduces that amount to not more than $83,047,000 as 
offsetting fees are collected; and (6) makes fees collected in 
excess of $193,974,000 available until expended, but not 
available for obligation until October 1, 1997. The bill does 
not include language included in fiscal year 1996 earmarking 
specific amounts for the Office of Economics and for Investment 
Advisers Act enforcement.

                     Small Business Administration

    The accompanying bill provides a total of $691,212,000 for 
the five appropriations accounts of the Small Business 
Administration (SBA). This amount is an increase of $1,980,000 
over the fiscal year 1996 enacted amounts, and a decrease of 
$217,166,000 below the total budget request for fiscal year 
1997. The details for the five SBA appropriation accounts are 
contained in the following paragraphs.
    The Committee has found that the format for budget 
justification material submitted by the SBA fails to provide 
the Committee with the necessary information in sufficient 
detail and in a clear and concise manner to enable proper 
analysis of the budget request. Therefore, the Committee 
expects the SBA to work with the Committee to develop a new 
format for the budget justification material for submission 
with the fiscal year 1998 budget.

                         Salaries And Expenses

    The Committee recommends $220,419,000 for the Salaries and 
Expenses of the SBA. This is a decrease of $18,282,000 below 
the budget request and $1,725,000 below the amount available 
for the current fiscal year for SBA's regular Salaries and 
Expenses account. The amount provided is partially offset by 
$6,000,000 in fees to be collected from the distribution of 
publications produced by SBA and from fees for loan servicing 
activities, resulting in an overall appropriation of 
$214,419,000 for this account.
    In addition, $93,485,000 is available from the Business 
Loans Program account for administrative expenses, and 
$100,078,000 is available from Disaster Loans Program account 
for administrative expenses. These amounts are to be 
transferred to and merged with the Salaries and Expenses 
account for a total of $413,982,000 available for the operating 
and non-credit programs of the SBA, compared to a total request 
of $410,791,000, and $415,690,000 appropriated in fiscal year 
1996.
    The Committee recommendation includes requested bill 
language authorizing $3,500 for official reception and 
representation expenses and language authorizing SBA to charge 
fees to cover the cost of publications and certain loan 
servicing activities. The language also permits revenues 
received from all such activities to be credited to the 
Salaries and Expenses account and to be available for carrying 
out these purposes without further appropriations.
    The recommendation provides funding at the fiscal year 1996 
level for the headquarters and field operations of the SBA but 
provides no program increases and assumes adjustments to base 
will be absorbed within the total provided. In addition, the 
Committee recommendation includes language in the bill 
designating $94,218,000 for the non-credit programs of the SBA, 
including $3,000,000 to be available only for projects jointly 
developed, implemented, and administered with the Minority 
Business Development Agency of the Department of Commerce.
    The Committee recommendation includes a total of 
$94,218,000 for non-credit initiatives, as follows:

Small Business Development Centers......................     $68,000,000
Minority Development Programs...........................       3,000,000
SCORE...................................................       3,250,000
Microloan technical assistance..........................      12,322,000
Enterprise zone one-stop shops..........................       2,767,000
Export assistance centers...............................       3,000,000
Women's Demonstration Projects..........................       1,200,000
Women's Council.........................................         194,000
Business Information Centers............................         485,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, non-credit initiatives.....................     $94,218,000

    The Committee remains concerned that many of SBA's and the 
Commerce Department's Minority Business Development Agency 
(MBDA) programs and activities are similar or duplicative. The 
Committee is concerned that MBDA and SBA have not made 
sufficient progress in the directives included in last year's 
report requiring MBDA and SBA to work together and submit an 
implementation plan to the Committee for the elimination or 
merger of duplicative activities. In particular, the Committee 
is concerned about possible overlap and lack of coordination 
among the agencies in the areas of technical assistance, 
capital formation, international trade, and information 
technologies.
    The Committee is aware that the Small Business 
Administration and Department of Commerce have recently formed 
an interagency working group to address these issues and 
develop plans for greater cooperation. Therefore, the Committee 
has provided $3,000,000 each within MBDA and within SBA non-
credit initiatives under minority development programs, 
including the Section 7(j) management and technical assistance 
programs, for projects jointly developed, implemented, and 
administered by SBA and MBDA.
    In addition, the Committee recommendation has provided 
$68,000,000 for the Small Business Development Center program. 
The Committee expects additional resources will be available to 
SBDCs due to action taken in the fiscal year 1996 bill which 
removed the prohibition against SBDCs charging nominal fees for 
the consulting services to provide the same overall level of 
funding as in fiscal year 1996.
    Further, within the amounts provided, the Committee expects 
the SBA to work closely with existing small business 
incubators, continue to help small businesses adapt to a 
paperless procurement environment and assist other programs 
that ease the regulatory burdens on small businesses.

                      Office Of Inspector General

    The Committee recommends $8,900,000 for the Office of 
Inspector General of the SBA under this heading. Further, an 
additional $500,000 has been provided under the administrative 
expenses of the Disaster Loans Program to be made available to 
the Office of Inspector General for work associated with the 
oversight of the disaster loan program. Thus, the 
recommendation provides a total of $9,400,000 to be available 
to the Office of Inspector General in fiscal year 1997, a 
$900,000 increase over the current year, and $585,000 below the 
request.
    The Committee has provided additional resources to the 
Office of Inspector General for additional program review 
activity. The Committee believes that additional efforts in 
this area will assist the Committee in its efforts to ensure 
that Federal programs funded in the SBA are cost effective.

                     Business Loans Program Account

    The Committee recommends $164,668,000 for the Business 
Loans Program Account for subsidies for direct and guaranteed 
business loans, and an additional $93,485,000 for 
administrative expenses related to this account. The amount 
provided for administrative expenses may be transferred to and 
merged with the appropriation for SBA salaries and expenses to 
cover the common overhead expenses associated with business 
loans. In addition, the recommendation includes a provision in 
the bill, carried in fiscal year 1996, allowing up to 
$40,510,000 to remain available until September 30, 1998.
    As required by the Federal Credit Reform Act of 1990, the 
Congress is required to appropriate an amount sufficient to 
cover the estimated losses associated with all direct loan 
obligations and loan guarantee commitments made in fiscal year 
1997, as well as the administrative expenses of the loans. The 
subsidy amounts are estimated on a net present value basis, and 
the administrative expenses are estimated on a cash basis.
    The Committee recommendation includes $2,792,000 for the 
credit subsidy cost of the SBA's Direct Loan Program, an amount 
equal to the request, and $1,708,000 below the amount provided 
for fiscal year 1996. The Committee recommendation is intended 
to fund only direct loans under the Microloan program, as 
requested. The subsidy amount of $2,792,000 will fund an 
overall program level of $34,049,000. The amount provided 
assumes a phase-out of the direct loan portion of the Microloan 
program as Microloan guarantees are increased.
    The Committee recommendation provides $161,876,000 for the 
business loan guaranty program, instead of $318,580,000 as 
requested and $156,226,000 as provided for fiscal year 1996.
    As part of fiscal year 1997 budget request, the Office of 
Management and Budget included reestimated subsidy rates for 
the two largest SBA loan programs, the Section 7(a) general 
business loans program and the Section 504 Development Company 
program, that potentially cause major problems for these 
programs. The Section 7(a) subsidy rate was increased from 1.06 
percent to 2.68 percent, and the Section 504 subsidy rate was 
increased from 0 percent to 6.85 percent. In order to maintain 
the same program levels assumed for these two programs in 
fiscal year 1996 with the subsidy rate changes, the overall 
appropriations would have had to increase by $361,800,000. The 
Administration indicated in the budget it would propose a 
number of legislative changes to reduce such a substantial need 
for direct appropriations, but still requested a $179,399,000 
increase over the amount appropriated for the current fiscal 
year for the section 7(a) program. The Committee has been 
working closely with the House Small Business Committee, which 
is considering legislation to take steps to lower the subsidy 
rates and preserve small business programs without requiring 
such large increases in appropriations.
    Nonetheless, the decisions facing the Committee on these 
programs are not easy. In fiscal year 1996, on the basis of 
legislative changes enacted by Congress in consultation with 
SBA, the 7(a) program level was expanded from a $7,800,000,000 
program in fiscal year 1995 to a $10,886,880,000 program in 
fiscal year 1996, and the 504 Development program level from 
$1,571,374,000 in fiscal year 1995 to $2,650,000,000 in fiscal 
year 1996. This was done without any indication to the Congress 
that OMB was considering raising the subsidy rates so 
substantially for fiscal year 1997 due to problems in the 
management of the loan portfolio. Had this been known, the 
Committee would have been much more cautious about the fiscal 
year 1996 level. However, the actual program level for the 7(a) 
program does not appear likely to reach the level assumed for 
fiscal year 1996. As a result, by using carryover from fiscal 
year 1996, and by working closely with the authorizing 
committee, it appears possible to solve the problem by 
continuing the SBA programs at close to the actual fiscal year 
1996 program levels, with a more moderate increase in 
appropriations.
    The Committee would note that the decision to increase the 
subsidy rates for these small business loans is the result of 
OMB coming to the conclusion that these programs are not as 
well-managed and as low-risk as had been assumed. The Committee 
believes it is important for the SBA to report on what the 
causes of this increase in subsidy rates are and to indicate 
what steps are being taken in the management of the programs to 
improve them by February 1, 1997.
    The recommendation assumes enactment of legislative changes 
now being considered by the Small Business Committee. The 
Committee's assumptions for the subsidy amounts proposed are 
provided below:
    7(a) Business loan program.--The Committee has included 
subsidy appropriations of $144,200,000 for the 7(a) general 
business loan program, instead of $294,800,000 as proposed in 
the request and $114,500,000 as provided for fiscal year 1996. 
The Committee recommendation assumes the enactment of 
legislative changes, currently under consideration by the 
authorization committee, which will reduce the subsidy rate 
from the current 2.68 percent down to 2.0 percent. In addition, 
the Committee understands that the latest estimate for the 7(a) 
program anticipates a program level not to exceed 
$8,500,000,000 in fiscal year 1996. As a result, SBA expects to 
have available $24,000,000 in carryover from the 7(a) program. 
This carryover, combined with the Committee's recommendation 
will provide a total of $168,200,000 in subsidy appropriations 
for the 7(a) program, leveraging a program volume of 
$8,400,000,000. The Committee strongly encourages enactment of 
legislation which would allow the lower subsidy rate in order 
to provide a sufficient program level of general business loans 
in fiscal year 1997.
    504 Development Company loans.--The Committee 
recommendation provides no new budget authority for the section 
504 development company loan program, as requested. This 
amount, assumes that legislative proposals to bring the subsidy 
rate to zero for this program will be enacted into law.
    Small Business Investment Corporation (SBIC) debenture and 
participating securities.--The Committee recommendation 
includes a total of $16,459,000. This amount provides 
$5,475,000 in subsidies for SBIC debenture guarantees, a 
decrease of $2,725,000 below the request, and $10,925,000 below 
the current level. In addition, the recommendation assumes 
$10,985,000 for SBIC participating securities loans, a 
$2,515,000 decrease from the request, and a $13,115,000 
decrease from the current level. Funding recommendations for 
both programs assume enactment of legislative changes proposed 
in the budget request and currently under consideration in the 
authorization committee. Upon enactment of these legislative 
changes, the Committee's recommendations result in the 
following program levels: $150,000,000 for the SBIC debenture 
program, a 41% increase over the current level; and 
$325,000,000 for the SBIC participating securities loans 
program, a 21% increase over the current level.
    Microloan Guaranty Program.--The recommendation includes 
$1,216,000 in subsidy amounts for the guaranteed loans under 
the Microloan program. This will result in a program level of 
$14,425,000. The Committee supports the transition of 
Microloans from a direct loan program to a guarantee program.

                     Disaster Loans Program Account

    The Committee recommends $105,432,000 for the Disaster 
Loans Program Account for loan subsidies and an additional 
$100,578,000 for administrative expenses related to this 
account. The amount provided for administrative expenses may be 
transferred to and merged with the appropriation for SBA 
salaries and expenses and the Office of Inspector General to 
cover the common overhead expenses associated with disaster 
loans.
    The amount provided for loan subsidies is $39,632,000 above 
the request, and the amount provided for administrative 
expenses is $22,578,000 above the request. Both amounts are 
equal to the funding levels provided in fiscal year 1996 
through a combination of regular and emergency supplemental 
appropriations. The Committee has taken this action to ensure 
that sufficient subsidy amounts and administrative expenses are 
available to sustain a program level equal to the demand 
experienced in fiscal year 1996.
    As required by the Federal Credit Reform Act of 1990, the 
Congress is required to appropriate an amount sufficient to 
cover the subsidy costs associated with all direct loan 
obligations and loan guarantee commitments made in fiscal year 
1996, as well as the administrative expenses of the loan 
programs. The subsidy amounts are measured on a net present 
value basis, and the administrative expenses are estimated on a 
cash basis.
    The Committee recommends no funding for the disaster loan 
emergency contingency fund, the budget requested $100,000,000, 
and no funding was provided in fiscal year 1996, and sufficient 
funding to maintain the current program level is provided in 
direct appropriations under this heading.

                 Surety Bond Guarantees Revolving Fund

    The accompanying bill provides an appropriation of 
$3,730,000 for additional capital for the Surety Bond 
Guarantees Revolving Fund. This amount is equal to the budget 
request, and represents an increase of $1,200,000 above the 
amount provided for fiscal year 1996. The recommendation will 
result in a program level of $1,767,000,000.
    Under the Surety Bond Guarantees program, the Small 
Business Administration guarantees a portion of the losses 
sustained by a surety company as a result of the issuance of a 
bid, payment, and/or performance bond to a small business 
concern.

                        State Justice Institute

                         Salaries And Expenses

    The Committee recommends no appropriation for the State 
Justice Institute (SJI) for fiscal year 1997, recognizing that 
funding is available from carryover balances and other grants 
to support this program. SJI requested $13,550,000. However, 
the Administration proposed $5,000,000 for SJI in fiscal year 
1997, citing a new program under the Office of Justice Programs 
(OJP) which could continue these grants, if warranted. The 
amount provided in the current fiscal year is $5,000,000.
    The mission of SJI is to award grants to improve the 
administration of justice in the State courts. The Committee 
notes that OJP has agreed in principle to provide SJI $3 
million in fiscal year 1997. The budget reflects $6 million in 
carryover available in fiscal year 1997. The Committee expects 
that OJP grant funds added to the carryover balance will 
provide sufficient funding for SJI to continue operations.

                      TITLE VI--GENERAL PROVISIONS

    The Committee recommends the following general provisions 
for the departments and agencies funded in the accompanying 
bill, which have been included in previous appropriations Acts.
    Section 601 prohibits any appropriation contained in the 
Act from being used for publicity or propaganda purposes not 
authorized by the Congress.
    Section 602 prohibits any appropriation contained in the 
Act from remaining available for obligation beyond the current 
fiscal year unless explicitly provided.
    Section 603 provides that the expenditure for any 
appropriation contained in the Act for any consulting service 
through procurement contracts 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.
    Section 604 provides that if any provision of the 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 such provisions to persons or 
circumstances other than those to which it is held invalid 
shall not be affected thereby.
    Section 605 provides for the Committee's policy concerning 
the reprogramming of funds. Section 605(a) prohibits the 
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 offices or 
employees; (5) reorganizes offices, programs, or activities; or 
(6) contracts out or privatizes any function or activity 
presently performed by Federal employees unless the 
Appropriations Committees of both Houses of Congress are 
notified 15 days in advance.
    Section 605(b) prohibits a reprogramming of funds in excess 
of $500,000 or 10 percent, whichever is less, that: (1) 
augments existing programs, projects or activities; (2) reduces 
by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by 
Congress; or (3) results from any general savings due to 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 15 days in advance.
    The Committee has again included carryover funds under the 
requirements of section 605 to clarify that agencies must 
follow reprogramming procedures with respect to carryover 
funds.
    Section 606 prohibits funds in the Act from being used for 
construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National 
Oceanic and Atmospheric Administration in shipyards located 
outside the United States.
    Section 607 states the sense of the Congress that all 
equipment and products purchased with funds made available in 
the bill should be American-made, and directs the head of each 
Federal agency to provide a notice describing Congressional 
intent to any entity it provides financial assistance to or 
enters into a contract with.
    Section 608 prohibits funds in the bill from being used to 
implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on 
religion similar to proposed guidelines published by the EEOC 
in October, 1993.
    Section 609 prohibits the use of funds to pay for expansion 
of diplomatic or consular operations in Vietnam beyond the 
level of operations on July 11, 1995, unless the President 
certifies within 60 days that Vietnam is cooperating in full 
faith with the U.S. on POW/MIA issues.
    Section 610 prohibits the use of funds for any United 
Nations peacekeeping mission when it is made known that United 
States Armed Forces are under the command or operational 
control of a foreign national and the President has not 
submitted to the Congress a recommendation that such 
involvement is in the national security interest of the U.S.
    Section 611 prohibits the use of funds to provide certain 
amenities and personal comforts in the Federal prison system.
    Section 612 prohibits the use of funds under the NOAA Fleet 
Modernization, Shipbuilding and Conversion account to implement 
sections 603, 604, and 605 of Public Law 102-567.
    Section 613 prohibits the use of funds for the USIA 
Television Marti Program when it is made known that such use 
would be inconsistent with the applicable provisions of the 
March 1995 Office of Cuba Broadcasting Reinventing Plan of the 
United States Information Agency.
    Section 614 provides that any closing or downsizing costs 
incurred by a Department or agency funded under this Act 
resulting from funding reductions in the Act shall be absorbed 
within the budgetary resources available to the Department or 
agency, and provides transfer authority between appropriation 
accounts to carry out the provision, subject to reprogramming 
procedures.

               Changes in the Application of Existing Law

    Pursuant to Clause 3, rule XXI of the House of 
Representatives, the following statement is submitted 
describing the effect of provisions in the accompanying bill 
which directly or indirectly change the application of existing 
law.
    Language is included for a number of accounts which places 
limitations on representation and reception allowances in order 
to reduce the amount of money that could otherwise be spent on 
these activities.
    The bill also provides that a number of appropriations 
shall remain available for obligation beyond the current fiscal 
year. While these provisions are not specifically authorized 
for all of the items, it is deemed desirable to include such 
language for certain programs in order to provide for orderly 
administration and the effective use of funds.
    On page 2, under Department of Justice, General 
Administration, Salaries and Expenses, a limitation of 
$3,317,000 is provided for the Facilities Program 2000 and 
limitations of $7,477,000 for the Department Leadership program 
and $8,987,000 for the Executive Support program are included. 
In addition, language is included that prohibits the Offices of 
Legislative Affairs, Public Affairs and Policy Development from 
being augmented with reimbursable and non-reimbursable details.
    On page 3, under Counterterrorism Fund, funding of 
$9,450,000 is provided under the control and direction of the 
Attorney General 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 the bombing of the Alfred 
P. Murrah Federal Building in Oklahoma City or 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, and (3) 
the costs of conducting a terrorism threat assessment of 
Federal agencies and their facilities. Language is provided 
that makes these funds available only after the Attorney 
General notifies the Committees on Appropriations of the House 
and Senate in accordance with the reprogramming requirements 
included in section 605 of the accompanying bill.
    On page 4, under Office of Inspector General, a limitation 
of $10,000 is provided to meet unforeseen emergencies of a 
confidential nature. Language is also included which makes the 
appropriation available for the acquisition, lease, 
maintenance, and operation of motor vehicles without regard to 
the general purchase price limitation.
    On pages 4 and 5, under Legal Activities, Salaries and 
Expenses, General Legal Activities, a limitation of $20,000 is 
provided for expenses of collecting evidence. Language is also 
included to permit the lease of private or government-owned 
space in the District of Columbia. In addition, a limitation of 
$10,000,000 is provided for litigation support contracts to 
remain available until expended and a limitation of 
$17,525,000, to remain available until expended, is provided 
for office automation systems. Further, language is included 
that provides a limitation of $1,000 to the United States 
National Central Bureau (INTERPOL) for official reception and 
representation expenses and allows the acceptance of gifts for 
the purpose of hosting the INTERPOL regional conference in 
1997. In addition, language is included which permits up to 
$4,028,000 to be appropriated from the Vaccine Injury 
Compensation Trust Fund for processing cases under the National 
Childhood Vaccine Injury Act of 1986.
    On page 6, under Antitrust Division, Salaries and Expenses, 
language is included to allow $58,905,000 to be credited to 
this appropriation from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act. Further, language provides that the 
appropriation shall be reduced by such offsetting collections 
that are received during fiscal year 1997 so as to result in a 
final year 1997 appropriation estimated at not more than 
$17,542,000. Further, language is included that any fees 
received in excess of $58,905,000 in fiscal year 1997 shall 
remain available until expended, but shall not be available for 
obligation until fiscal year 1998.
    On pages 7 and 8, under United States Attorneys, Salaries 
and Expenses, language is included providing a limitation of 
$2,500,000 to be available until September 30, 1998, for the 
purposes of: (1) providing debt collection training; (2) 
providing services relating to locating debtors and their 
property; (3) paying the costs of sales of property not covered 
by sale proceeds; and (4) paying the costs of processing and 
tracking debts owed to the United States Government. Language 
is also included providing a limitation of $8,000 for official 
reception and representation expenses, and up to $10,000,000 
for automated litigation support contracts to be available 
until expended. In addition, language is included that provides 
the level of positions and workyears for the U.S. Attorneys.
    On pages 8 and 9, under United States Trustee System Fund, 
language is included that makes deposits to the Fund available 
to pay refunds due depositors. In addition, language is 
included which provides that not to exceed $107,950,000 of 
offsetting collections derived from fees collected shall be 
retained and used for necessary expenses in this appropriation. 
In addition, the language provides that the $107,950,000 
appropriated shall be reduced as such offsetting collections 
are received during fiscal year 1997 so as to result in a final 
fiscal year 1997 appropriation estimated at not more than $0. 
In addition, language is included which provides that any of 
the aforementioned fees collected in excess of $107,950,000 in 
fiscal year 1997 shall remain available until expended, but 
shall not be available for obligation until October 1, 1997.
    On pages 9 and 10, under United States Marshals Service, 
language is included which makes funds available to procure, 
maintain and operate vehicles and aircraft, and which permits 
purchase of vehicles without regard to the general purchase 
price limitation. Language is also included which allows up to 
$6,000 to be available for official reception and 
representation expenses, and up to $4,000,000 for development, 
implementation, maintenance and support, and training for an 
automated prisoner information system, and $2,200,000 for the 
Justice Prisoner and Alien Transportation System to be 
available until expended. In addition, language is included 
which allows the U.S. Marshals Service to earn reimbursement 
for the maintenance and transport of State, local and 
territorial prisoners by the Justice Prisoner and Alien 
Transportation System.
    On pages 10 and 11, under Federal Prisoner Detention, 
language is included stating that the appropriation is not 
available for expenses otherwise provided for in appropriations 
available to the Attorney General. In addition, language is 
included which makes funding under this account no longer 
available for the Cooperative Agreement Program.
    On page 11, under Fees and Expenses of Witnesses, language 
is included which makes funds available for expert witnesses, 
private counsel and per diem. Language is also provided making 
not to exceed $4,750,000 available for planning, construction, 
renovation, maintenance, remodeling, and repair of buildings, 
and the purchase of equipment incident thereto for protected 
witness safe sites. Also, language is included which makes not 
to exceed $1,000,000 available for the purchase and maintenance 
of armored vehicles for transportation of protected witnesses, 
and up to $4,000,000 for a secure automated network for 
protected witnesses.
    On page 12, under Community Relations Service, language is 
included that permits the Attorney General to transfer amounts 
that may be necessary to meet emergent circumstances from other 
Department of Justice programs, subject to the reprogramming 
requirements under section 605 of the accompanying bill.
    On page 13, under Payment of Radiation Exposure 
Compensation Trust Fund, language is included that provides 
$13,736,000 for payment of claims under the Radiation Exposure 
Compensation Act but not available for obligation until 
September 30, 1997.
    On page 13, under Interagency Law Enforcement, Interagency 
Crime and Drug Enforcement, language is provided which permits 
the appropriation to be used for intergovernmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in 
organized crime drug trafficking. Language is also included 
permitting $50,000,000 to remain available until expended. In 
addition, language is provided that allows the appropriation to 
be used under authorities available to the organizations 
reimbursed from this appropriation. Finally, language is 
provided that permits unobligated balances remaining available 
at the end of the fiscal year to revert to the Attorney General 
for reallocation among participating organizations in the 
succeeding fiscal year, subject to the reprogramming procedures 
described in Section 605 of the accompanying bill.
    On pages 14 and 15, under Federal Bureau of Investigation, 
several provisions are recommended, including language which 
permits the purchase of up to 2,706 passenger vehicles for 
police-type use, of which 1,945 will be for replacement only, 
without regard to the general purchase price limitation for the 
current fiscal year, and which permits the procurement, 
maintenance and operation of aircraft. Language is also 
included to allow up to $70,000 for unforeseen emergencies to 
be expended solely under the certificate of the Attorney 
General. Language is also included that provides not less than 
$117,081,000 to be available for counterterrorism 
investigations, foreign counterintelligence, and other national 
security activities. In addition, language is provided which 
permits not to exceed $50,000,000 for automated data 
processing, telecommunications, and technical equipment and 
$1,000,000 for undercover operations to be available until 
September 30, 1998. In addition, language is recommended which 
permits $98,400,000 to remain available until expended. Also, 
language is included under this item permitting not to exceed 
$10,000,000 for contractual or reimbursement agreements with 
State and local law enforcement agencies while engaged in 
cooperative activities related to violent crime, terrorism, 
organized crime and drug investigations. Also, language is 
included which provides that $1,500,000 shall be available to 
maintain an independent program office dedicated solely to the 
relocation of the Identification Division and the automation of 
fingerprint identification services.
    On page 16, language is provided, under the heading 
Construction, for the necessary expenses of the Federal Bureau 
of Investigation to remain available until expended, 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 the preliminary planning and design of projects.
    On pages 16 and 17, under Drug Enforcement Administration, 
language is included to allow for up to $70,000 for unforeseen 
emergencies to be expended solely under the certificate of the 
Attorney General. Language is also included to permit expenses 
for conducting drug education and training programs. Language 
is provided to permit the purchase of not to exceed 1,158 
passenger motor vehicles of which 1,032 are for replacement 
only for police-type use without regard to the purchase price 
limitation for the current fiscal year. Language is also 
included to permit acquisition, lease, maintenance and 
operation of aircraft. In addition, a limitation of $1,800,000 
is included for research, and $15,000,000 for transfer to the 
Diversion Control Fee Account is to remain available until 
expended. In addition, the following limitations are included: 
$4,000,000 for purchase of evidence and payments for 
information; $4,000,000 for contracting for ADP and 
telecommunications equipment; $2,000,000 for laboratory 
equipment; $2,000,000 for aircraft replacement retrofit and 
parts; and $4,000,000 for technical equipment and will remain 
available until September 30, 1998. Finally, a limitation of 
$50,000 is provided for official reception and representation 
expenses.
    On page 18, under Drug Enforcement Administration, Violent 
Crime Reduction Programs, language is included that provides 
that $71,000,000 of amounts available shall be derived by 
transfer from Community Oriented Policing Services, Violent 
Crime Reduction Programs, for the purpose of providing State 
and local police officers with equipment, conveyances, overtime 
and other expenses associated with their participation on drug 
task forces.
    On pages 18 and 19, under Immigration and Naturalization 
Service, several provisions are recommended, including language 
to allow up to $50,000 for unforeseen emergencies to be 
expended solely under the certificate of the Attorney General. 
Language is also included to permit the purchase of up to 2,691 
passenger motor vehicles for police-type use of which 1,711 are 
for replacement only without regard to the general purchase 
price limitation for the current fiscal year and for the hire 
of passenger motor vehicles, and to permit the procurement, 
maintenance and operation of aircraft. In addition, language is 
included to permit research related to immigration enforcement 
and which makes $400,000 for research available until expended. 
In addition, language is included which limits the amount 
available to pay any employee overtime pay in excess of 
$30,000. Language is also included which makes available not to 
exceed $10,000,000 for costs associated with the training 
program for basic officer training and $5,000,000 for payments 
or advances arising out of contractual agreements with State 
and local law enforcement agencies. Language is also included 
to allow the purchase of uniforms without regard to the general 
purchase price limitation for the current fiscal year. Language 
is included that permits up to $5,000 to be available for 
official reception and representation expenses. Language is 
also included that prohibits funds appropriated in this Act to 
be used to operate the Border Patrol traffic checkpoints 
located in San Clemente, California, and Temecula, California 
unless they are open and operated on a continuous 24-hour 
basis. In addition, language is included that extends the Land 
Border Fee Pilot Project to September 30, 1999 for projects on 
the northern and southern borders and does not allow any pilot 
program to implement a universal border crossing toll.
    On page 20, language is provided under the heading 
construction, for expenses of the Immigration and 
Naturalization Service for planning, constructing, renovating 
equipping and maintaining building and facilities for 
enforcement of immigration laws and allows funds to remain 
available until expended.
    On pages 21 and 22, several items are recommended under 
Federal Prison System, Salaries and Expenses, including 
language to permit the purchase of not to exceed 836 law 
enforcement and passenger motor vehicles of which 572 are for 
replacement only, and the hire of law enforcement and passenger 
motor vehicles. Language is also included allowing for the 
provision of technical assistance and advice on corrections-
related issues to foreign governments. In addition, language is 
included to permit the transfer to the Health Resources and 
Services Administration of such amounts as may be necessary for 
medical relief for inmates. Language is also included that 
permits the Director of the Federal Prison System to enter into 
contracts with a fiscal agent/fiscal intermediary claims 
processor to determine the amounts payable to persons who 
furnish health services to inmates. Also, language is provided 
that uniforms may be purchased without regard to the general 
purchase price limitation for the current fiscal year. In 
addition, a limitation of $6,000 is provided for official 
reception and representation expenses. Language is included 
that not to exceed $50,000,000 for the activation of new 
facilities shall remain available until September 30, 1998. In 
addition, language is included which allows for up to 
$20,000,000 for contract confinement expenses for the care and 
security of Cuban and Haitian entrants to remain available 
until expended. Language is also included that allows the 
Federal Prison System to enter into contracts and other 
agreements with private entities for a multi-year period for 
the confinement of Federal prisoners and includes the National 
Institute of Corrections under this account, including balances 
from prior years.
    On pages 23 and 24, several items are recommended under 
Buildings and Facilities, including language making the 
appropriation available for leasing the Oklahoma City Airport 
Trust Facility and for 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. In addition, language is 
included which makes not to exceed $14,074,000 available to 
construct areas for inmate work programs and permits labor of 
United States prisoners to be used for work performed under 
this appropriation. Further, language is included that permits 
up to 10 percent of the funds appropriated to this account in 
the accompanying bill or any other Act to be transferred to the 
Salaries and Expenses account of the Federal Prison System upon 
notification by the Attorney General to the House and Senate 
Appropriations Committees. Finally, language is included, which 
makes up to $36,570,000 available for renovation and 
construction of United States Marshals Service prisoner holding 
facilities.
    On page 24, under Federal Prison Industries, Incorporated, 
language is included permitting the Federal Prison Industries, 
Incorporated, 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. 
Language is also included permitting the purchase of not to 
exceed five passenger motor vehicles, for replacement only, and 
hire of passenger motor vehicles.
    On pages 24 and 25, under Limitation on Administrative 
Expenses, Federal Prison Industries, Incorporated, language is 
included permitting the funds for 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. The 
language further provides that 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.
    On pages 26 through 31, under Violent Crime Reduction 
Programs, State and Local Law Enforcement Assistance, language 
is provided that makes $571,000,000 available for Local Law 
Enforcement Block Grants, pursuant to H.R. 728 as passed by the 
House of Representatives on February 14, 1995 and allows Puerto 
Rico to be considered a ``unit of local government'' as well as 
a ``State'' and allows funds to be used for certain purposes 
set forth in H.R. 728 and to defray the costs of 
indemnification insurance for law enforcement officers, and for 
drug courts subject to the reprogramming requirements set forth 
in section 605 of the Act. In addition, language is provided 
that makes funds available under formula grants from the Edward 
Byrne Memorial Grant Program for programs to assist States in 
the litigation processing of death penalty Federal habeas 
corpus petitions and to implement drug testing initiatives. 
Language is also provided that allows outstanding balances from 
prior years of programs appropriated under this account, to be 
merged with this account in order to simplify administration of 
these grants. In addition, language is included that requires a 
net gain in the number of law enforcement officers performing 
nonadministrative duties if funds are used by local governments 
to increase the number of law enforcement officers.
    On pages 31 through 33, language is included under 
Community Oriented Policing Services, Violent Crime Reduction 
Programs, which allows $10,000,000 of funds provided to be 
available for Police Corps and $71,000,000 to be transferred to 
the Drug Enforcement Administration for the purpose of 
providing State and local police officers with equipment, 
conveyances, overtime and other expenses associated with drug 
task forces. In addition, language is included that makes 
$30,500,000 of funds provided to be available for additional 
grants authorized by part B of title II of the Juvenile Justice 
and Delinquency Prevention Act of 1974, for the purpose of 
providing additional formula grants for innovative law 
enforcement and community policing programs, to States that 
provide assurances that the State has in effect (or will have 
in effect not later than one year after date of application) 
policies that ensure that juveniles who commit an act after 
attaining 14 years of age, that would be a serious violent 
crime if committed by an adult, are treated as adults for 
purpose of prosecution. A limitation of $14,602,000 is also 
included for management and administration.
    On pages 30 and 31, under Weed and Seed Program Fund, 
language is included which provides $28,500,000 of the amounts 
for this program to be derived from discretionary grants 
provided under the Edward Byrne Memorial State and Local Law 
Enforcement Assistance Programs. In addition, language is 
provided which makes the amounts available 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 upon notification by the Attorney General to the House 
and Senate Appropriations Committees.
    On pages 33 and 34, under Juvenile Justice Programs, 
language is included that allows funding provided to be subject 
to provisions of any reauthorization of the Juvenile Justice 
and Delinquency Act of 1974.
    On page 35, under General Provisions--Department of 
Justice, section 101 provides a limitation of $45,000 from 
funds appropriated to the Department of Justice for official 
reception and representation expenses.
    On page 35, under section 102, language is provided that 
maintains authorities contained in Public Law 96-132, ``The 
Department of Justice Appropriation Authorization Act, fiscal 
year 1980'' until the termination date of this Act or until the 
effective date of a Department of Justice Appropriation 
Authorization Act, whichever is earlier.
    On page 35, under section 103, language is included which 
prohibits funds appropriated for the Department of Justice to 
pay for an abortion, except when the life of the mother would 
be endangered if the fetus were carried to term, or in the case 
of rape. The language also provides that should this 
prohibition be declared unconstitutional by a court of 
competent jurisdiction, this section shall be null and void.
    On page 35, under section 104, language is included which 
prohibits funds appropriated for the Department of Justice to 
require any person to perform or facilitate in any way the 
performance of any abortion.
    On page 35, under section 105, language is included which 
allows the Director of the Federal Bureau of Prisons to provide 
necessary escort services for female inmates who request 
abortion services outside a Federal prison facility.
    On page 36, under section 106, language is included which 
would permit up to $10,000,000 of funds appropriated to the 
Department of Justice to be available for rewards to 
individuals who furnish information regarding acts of terrorism 
against a United States person or property at levels not to 
exceed $2,000,000.
    On page 36, under section 107, language is provided that 
permits up to 5 percent of any appropriation made available for 
the current fiscal year for the Justice Department, including 
those derived from the Violent Crime Reduction Trust Fund, to 
be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any 
such transfer. Further, the language provides that any transfer 
made pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of the accompanying 
bill.
    On page 37, under section 108, language is included which 
allows the excess unobligated balances remaining in the 
Department of Justice Assets Forfeiture Fund on September 30, 
1996 to be available to the Attorney General, without fiscal 
year limitation, for any Federal law enforcement, litigative/
prosecutive, and correctional activities, or any other 
authorized purpose of the Department of Justice, subject to 
notification by the Attorney General to the Appropriations 
Committees of the House and Senate.
    On pages 37 through 40, under section 109, language is 
included that restructures the quarterly fee payments for 
debtors under Chapter 11 of the Bankruptcy Code and that allows 
all fees collected from Chapter 7, 11 and 13 filings to be used 
as offsetting collections to the U.S. Trustees program.
    On pages 40 through 43, under section 110, language is 
included that establishes the Telecommunications Carrier 
Compliance Fund for payments to telecommunications carriers and 
equipment manufactures to implement technology changes required 
under the Communications Assistance for Law Enforcement Act.
    On page 43 under the Office of the United States Trade 
Representative, language is included which permits $2,500,000 
of the appropriation to remain available until expended. 
Language is also included providing a limitation of $98,000 for 
official reception and representation expenses.
    On page 44, under the International Trade Commission, 
language is included recommending a ceiling of $2,500 for 
official reception and representation expenses. In addition, 
language is included which makes funding available until 
expended.
    On pages 44 and 45, under International Trade 
Administration, ``Operations and Administration'', language is 
provided which permits the appropriation to be used for trade 
promotion activities abroad without regard to the provisions of 
44 U.S.C. 3702 and 3703, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of 
U.S. firms. The language also permits the appropriation to be 
used for full medical coverage for dependent members of 
immediate families of employees stationed overseas and 
employees temporarily posted overseas, as well as for 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.
    Language is included under this heading which permits 
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. In 
addition, language is included which permits purchase or 
construction of temporary demountable exhibition structures for 
use abroad, and 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. In addition, language is included which 
permits not to exceed $327,000 for official representation 
expenses abroad and purchase of passenger motor vehicles for 
official use abroad at not to exceed $30,000 per vehicle. In 
addition, language is included which permits the purchase of 
insurance on official motor vehicles and the renting of 
tielines and teletype equipment. Also, language is included 
which provides 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 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.
    On pages 45 and 46, under Export Administration, 
``Operations and Administration'', language is provided which 
permits the appropriation to be used for costs associated with 
the performance of Export Administration field activities both 
domestically and abroad. Language is also included to provide 
for 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. Also, language is 
included to permit 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. In addition, the bill 
provides that not to exceed $15,000 may be used for official 
representation expenses abroad. Language is included to permit 
award of compensation to informers under the Export 
Administration Act of 1979 and as authorized by 22 U.S.C. 
401(b) and 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. Language is 
also included which provides 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 shall 
apply in carrying out these activities. Finally, language is 
included allowing payments and contributions collected and 
accepted for materials and services related to export 
administration, and for providing information to the public 
regarding export administration, national security activities, 
and export control programs of the Department of Commerce, the 
U.S. government and other governments, may be retained for use 
in covering the cost of such activities.
    On pages 46 through 47, under Economic Development 
Administration, ``Economic Development Assistance Programs'', 
language is included which allows the Secretary of Commerce to 
provide financial assistance for projects located on military 
installations closed or scheduled for closure without it being 
required that the grantee have title to the property or the 
ability to obtain a lease for the property, when such 
assistance is necessary for the economic development of the 
area. Language is also included to allow the Secretary of 
Commerce to consult with the Secretary of Defense regarding the 
title to land on military installations closed or scheduled for 
closure.
    On page 48, under Minority Business Development Agency, 
language is included to permit the funds to be used for 
fostering, promoting, and developing minority business 
enterprise including expenses of grants, contracts, and other 
agreements with public or private organizations. Language is 
also included providing that $3,000,000 shall be used only for 
projects jointly developed, implemented, and administered with 
the Small Business Administration.
    On page 49, under Economic and Statistical Analysis, 
language is included permitting the appropriation to remain 
available until September 30, 1998.
    On page 49, under Economics and Statistics Administration 
Revolving Fund, language is included authorizing the Secretary 
of Commerce to disseminate economic and statistical data 
products and to charge fees necessary to recover the full costs 
incurred in the production of economic and statistical data 
products. The language also allows fees received from data 
dissemination activities to be credited to this account and 
available for carrying out these purposes without further 
appropriation.
    On pages 50 and 51, under National Telecommunications and 
Information Administration, ``Salaries and Expenses'', language 
is included providing that NTIA shall charge other Federal 
agencies for costs incurred for spectrum management, analysis 
operations and related services to offset the costs of such 
services, and such collections may remain available until 
expended. In addition, language is included which will allow 
NTIA to retain and use funds transferred from other Federal 
agencies for research purposes beyond the fiscal year for which 
the funds were initially appropriated.
    On page 51, under the National Telecommunications and 
Information Administration, ``Public Broadcasting Facilities, 
Planning and Construction'', language is included that provides 
that notwithstanding section 391 of the Communications Act of 
1934, as amended, 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.
    On page 51 of the bill under ``Information Infrastructure 
Grants'', language is included which provides that 
notwithstanding the requirements of sections 392(a) and 392(c) 
of the Communications Act of 1934, the appropriation may be 
used for the planning and construction of telecommunications 
networks. Language is also included which allows up to five 
percent of the funds appropriated to be available for 
telecommunications research activities.
    On page 52, under Patent and Trademark Office, language is 
included which permits necessary expenses for the defense of 
suits instituted against the Commissioner of Patents and 
Trademarks. Language is also included which provides that the 
amounts made available from the Patent and Trademark Office Fee 
Surcharge Fund shall not exceed amounts deposited and shall 
remain available until expended.
    On page 52, under Science and Technology, National 
Institute of Standards and Technology, ``Scientific and 
Technical Research and Services'', language is recommended 
which would permit not to exceed $1,625,000 to be transferred 
to the ``Working Capital Fund''.
    On page 53 of the bill under ``Industrial Technology 
Services'', language is provided that makes the appropriation 
available for expenses of the Manufacturing Extension 
Partnership Program of the National Institute of Standards and 
Technology. In addition, language is included which permits not 
to exceed $300,000 of the appropriation to be transferred to 
the ``Working Capital Fund''. Language is also included that 
permits funding for the Advanced Technology Program of the 
National Institute of Standards and Technology, and allows up 
to $500,000 of this appropriation to be transferred to the 
``Working Capital Fund''. Finally, language is included 
prohibiting funds in this Act to be used to carry out 
additional program competitions under the Advanced Technology 
Program, and providing that any carryover of prior year 
balances in the ATP program be used only for continuation 
grants.
    On pages 53 through 55, under National Oceanic and 
Atmospheric Administration, ``Operations, Research, and 
Facilities'', the bill provides for the expenses of not to 
exceed 200 active commissioned officers as of April 1, 1997, 
and no commissioned officers as of September 30, 1997. In 
addition, language is included to permit construction of 
facilities including initial equipment, and alteration, 
modernization, and relocation of facilities. Language is also 
included which allows for the collection of additional fees to 
recover costs of administering aeronautical chart programs, and 
provides that the funds appropriated from the General Fund 
shall be reduced as such additional fees are received during 
fiscal year 1997. The language also provides that fees received 
in excess of $3,000,000 in fiscal year 1997 shall not be 
available for obligation until October 1, 1997. Also, language 
is recommended which transfers $66,000,000 from the fund 
entitled, ``Promote and Develop Fishery Products and Research 
Pertaining to American Fisheries''. Language is included 
allowing NOAA to retain gifts and contributions under the 
Marine Sanctuary Program. Language is included specifying the 
direct obligation amounts under this heading for the National 
Ocean Service, the National Marine Fisheries Service, Oceanic 
and Atmospheric Research, the National Weather Service, the 
National Environmental Satellite, Data, and Information 
Service, and Program Support. Finally, language is included 
providing that grants made under sections 306 and 306(A) of the 
Coastal Zone Management Act, as amended, shall not exceed 
$2,000,000.
    On page 55, under ``Coastal Zone Management Fund'', 
language is included allowing funds made available under this 
heading to be used to carry out purposes set forth in 16 U.S.C. 
1456a(b)(2)(A), 16 U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 
1461(c). This expands the purposes for which these funds can be 
used to include CZM development grants and Estuarine Research 
Reserves.
    On page 57, under ``Fishing Vessel Obligations 
Guarantees'', language is included prohibiting funds made 
available under this heading from being used to guarantee loans 
for new fishing vessels which would increase the harvesting 
capacity in a U.S. fishery.
    On page 58, under General Administration, Salaries and 
Expenses, language is included limiting the amount for official 
entertainment to $3,000.
    On pages 58 through 64, under General Provisions--
Department of Commerce, the following general provisions that 
fall within the rule are recommended:
    Section 201 provides that 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 to the 
extent and in the manner prescribed by said 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 that such payments are 
in the public interest.
    Section 203 prohibits any of the funds made available by 
this Act to 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.
    Section 204 prohibits any of the funds in this, any 
previous Act or hereinafter to be available to reimburse the 
Unemployment Trust Fund or any fund or account of the Treasury 
to pay for any expenses paid before October 1, 1992 as 
authorized by section 8051 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.
    Section 205 provides that up to 5 percent of any 
appropriation made available for the Department of Commerce in 
the Act may be transferred between such appropriations. The 
language also provides that any transfer made under this 
section shall be treated as a reprogramming of funds under 
section 605 of the accompanying bill and shall not be available 
for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Section 206 requires that should legislation be enacted to 
reorganize or dismantle the Commerce Department, the Committees 
on Appropriations shall be notified of a plan to implement such 
legislation within 90 days of enactment. Language is also 
included allowing the implementation costs to be covered from 
funds available to the Department.
    Section 207 requires any downsizing costs to be absorbed.
    Section 208 prohibits any funds made available in this or 
any other Act from being used to develop and implement new 
fishery management plans, amendments or regulations creating 
new individual fishing quotas, transferable quotas, or effort 
allocation programs until offsetting fees are authorized.
    Section 209 allows the National Ocean Service to award 
contracts for mapping and surveying work in accordance with the 
Federal Property and Administrative Services Act.
    Section 210 permanently establishes a Working Capital Fund 
in the Bureau of the Census to be available without fiscal year 
limitation for expenses and equipment for activities the 
Director of the Bureau determines are better performed 
centralized.
    On page 64, under the Judiciary, Supreme Court of the 
United States, ``Salaries and Expenses'', language is included 
permitting not to exceed $10,000 to be used for the purpose of 
transporting Associate Justices. In addition, a limitation of 
$10,000 is recommended for official reception and 
representation expenses, and for miscellaneous expenses 
approved by the Chief Justice.
    On page 64, under Care of the Building and Grounds 
appropriation for the Supreme Court, language is included 
providing that $260,000 remain available until expended.
    On page 65, under U.S. Court of Appeals for the Federal 
Circuit, ``Salaries and Expenses'', and under U.S. Court of 
International Trade, ``Salaries and Expenses'', language is 
included which allows funds to be spent for necessary expenses 
of these courts.
    On pages 65 and 66, under Courts of Appeals, District 
Courts, and Other Judicial Services, ``Salaries and Expenses'', 
language is recommended which allows funds to be spent for 
necessary expenses of the courts, and which permits the 
purchase of firearms and ammunition. In addition, language is 
included providing that $13,454,000 for space alteration 
projects remain available until expended. In addition, language 
is included permitting $500,000 to remain available until 
expended for acquisition of books, periodicals and newspapers. 
In addition, language is included permitting not to exceed 
$10,000,000 to remain available until expended for furniture 
and furnishings related to new space and alteration projects. 
In addition, language is included which permits up to 
$2,390,000 to be appropriated from the Vaccine Injury 
Compensation Trust Fund for expenses of the Claims Court 
associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986.
    On page 66, under Violent Crime Reduction Programs, 
language is included making $30,000,000, to remain available 
until expended, for activities of the Federal Judiciary 
authorized by law, to be derived from the Violent Crime 
Reduction Trust Fund as authorized by section 190001(a) of 
Public Law 103-322.
    On pages 66 and 67, under Defender Services, language is 
included permitting the use of funds for compensation of 
expenses of attorneys appointed to assist the court in criminal 
cases where the defendant has waived representation by counsel. 
In addition, language is included permitting the use of funds 
for compensation of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent 
offenders in connection with transfers to foreign countries. 
Language is also included permitting the use of funds for 
compensation of attorneys appointed to represent jurors in 
civil actions for the protection of their employment.
    On page 67, under Fees of Jurors and Commissioners, 
language is included which provides that compensation of land 
commissioners shall not exceed that of the highest rate payable 
under 5 U.S.C. 5332.
    On page 68, under Court Security, language is included 
which provides that funds in this account shall be expended by 
the U.S. Marshals Service consistent with standards or 
guidelines agreed to by the Administrative Office of the U.S. 
Courts and the Attorney General.
    On pages 68 and 69, under Administrative Office of the 
United States Court, ``Salaries and Expenses'', language is 
included allowing expenses for advertising and rent in the 
District of Columbia and elsewhere. In addition, language is 
included permitting up to $7,500 for official reception and 
representation expenses.
    On page 69, under Federal Judicial Center, ``Salaries and 
Expenses'', language is included permitting up to $1,000 for 
official reception and representation expenses as well as 
language permitting $1,800,000 to remain available through 
September 30, 1998.
    On page 69, under United States Sentencing Commission, 
language is included permitting up to $1,000 for official 
reception and representation expenses.
    On page 70, under General Provisions--The Judiciary, 
section 302 permits use of funds in the bill for expenses of 
the Special Court established under the Regional Rail 
Reorganization Act of 1973.
    On page 70, section 303 permits up to 5 percent of any 
appropriation made in the Act for the Judiciary to be 
transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any 
such transfer. The language also provides that any transfer 
pursuant to this section shall be treated as a reprogramming of 
funds under section 605 of the accompanying bill and shall not 
be available for obligation or expenditure except in compliance 
with the procedures set forth in that section.
    On page 70, under section 304, language is recommended that 
provides that 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. The language further provides 
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.
    On page 71, under section 305, language is included to 
extend the authorization for the Judiciary's Automation Fund 
from 1997 to 1998.
    On pages 71 through 74, under Department of State, 
Administration of Foreign Affairs, ``Diplomatic and Consular 
Programs'', language is included which permits not to exceed 20 
percent of the amounts made available in this Act in the 
appropriation accounts, ``Diplomatic and Consular Programs'' 
and ``Salaries and Expenses'' to be transferred between such 
accounts in accordance with reprogramming procedures specified 
in section 605 of the Act. Language is also included which 
permits the use of the appropriation for representation 
expenses to certain international organizations in which the 
United States participates pursuant to treaties or specific 
acts of Congress. Language is also included limiting 
availability of funding for the Diplomatic Telecommunications 
Service. Language is also included requiring a cost allocation 
system to be in place in fiscal year 1998. Language is also 
included allowing collection of fees which are to be deposited 
as offsetting collections.
    On page 74, under ``Capital Investment Fund,'' language is 
included removing a reprogramming requirement.
    On pages 74 and 75, under Office of Inspector General (IG), 
language is included merging the IG Offices of the State 
Department and the USIA, and exempting the IG from periodic 
postinspection requirements.
    On page 75, under Protection of Foreign Missions and 
Officials, language is included permitting the appropriation to 
remain available until September 30, 1998.
    On pages 75 and 76, under Security and Maintenance of 
United States Missions, language is included which prohibits 
the appropriation from being used for acquisition of furniture 
and furnishings and generators for other departments and 
agencies.
    On page 76, under Emergencies in the Diplomatic and 
Consular Service, language is included which permits up to 
$1,000,000 to be transferred to the Repatriation Loans Program 
account.
    On pages 76 and 77, under the Repatriation Loans Program 
account, language is included which permits the transfer of 
$663,000 for administrative expenses to the Salaries and 
Expenses account.
    On pages 77 through 79, under Contributions to 
International Organizations, language is included withholding 
funds until a certification under section 401(b) of Public Law 
103-236 for fiscal year 1997 is made. In addition, language is 
included which prohibits the use of United States Contributions 
to International Organizations for payment of the United 
States' share of interest costs made known to the United States 
Government for external borrowings by such organizations 
incurred on or after October 1, 1984. Language is included that 
provides that payment of arrearages shall be directed toward 
activities that are mutually agreed upon by the United States 
and the respective international organization. Language is also 
included withholding $80,000,000 unless a certification is made 
regarding the United Nations budget. Language is also included 
permitting a transfer of up to $10,000,000 to the International 
Conferences and Contingencies account.
    On pages 79 through 81, under Contributions for 
International Peacekeeping Activities, language is included 
prohibiting use of funds for new or expanded missions unless 
the Committee is notified 15 days in advance and a 
reprogramming is submitted. Language is also included making 
funds available only upon a certification by the Secretary of 
State that American manufacturers are being given equal 
opportunities. Language is also included providing an amount 
for payment of arrearages upon certification that certain 
conditions have been met.
    On page 81, under International Boundary and Water 
Commission, United States and Mexico, language is included 
limiting representation expenses to $6,000.
    On pages 81 and 82, under American Sections, International 
Commissions, language is included limiting representation 
expenses to $9,000.
    On page 82, under International Fisheries Commissions, 
language is included that provides that the United States' 
share of the expenses of the International Fisheries Commission 
may be advanced to the respective commissions pursuant to 31 
U.S.C. 3324.
    On page 82, under Arms Control and Disarmament Agency, 
language is included which provides that not to exceed $50,000 
is available for official reception and representation 
expenses.
    On pages 83 and 84, under ``Salaries and Expenses'' United 
States Information Agency, language is included which permits 
up to $700,000 to carry out certain activities authorized by 
law, including employment, without regard to civil service and 
classification laws, of persons on a temporary basis. Language 
is also included permitting fees for student advising and 
counseling to be credited to the account. Language is included 
that provides a limitation of $1,100,000 to remain available 
until expended to carry out projects involving security 
construction and related improvements for agency facilities not 
physically located together with Department of State facilities 
abroad.
    On page 84, under Technology Fund, language is included 
making funding available until expended.
    On pages 85 and 86, under the Eisenhower Exchange 
Fellowship Trust Fund, and the Israeli Arab Scholarship 
Program, language is included which makes available all 
interest and earnings accruing to each fund on or before 
September 30, 1996.
    On page 85, under Eisenhower Exchange Fellowship Program 
Trust Fund, language is included which prohibits any of the 
funds appropriated to pay any salary or other compensation or 
to enter into any contract 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 and A-122, including the restrictions on 
compensation for personal services.
    On pages 86 and 87, under International Broadcasting 
Operations, language is included allowing funds provided for 
broadcasting to Cuba to be used for facilities and equipment. 
Language is also included permitting not to exceed $1,000,000 
for receipts, including advertising, to be available until 
expended.
    On page 87, under National Endowment for Democracy, funds 
are permitted to remain available until expended.
    On page 88, under General Provisions--Department of State, 
section 402 provides that up to 5 percent of any appropriation 
made available in the Act for the Department of State and USIA 
may be transferred between the appropriations within each 
respective agency, but no such appropriation shall be increased 
by more than 10 percent or decreased by more than 5 percent by 
any such transfer. The language further provides that any 
transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of the accompanying 
bill and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that 
section.
    On page 89, section 403 provides that funds hereafter made 
available under this or any other act may be expended for 
compensation of the United States Commissioner of the 
International Boundary Commission, United States and Canada, 
only for actual hours worked by such Commissioner.
    On page 89, section 404 waives statutory authorization 
requirements.
    On page 89, section 405 requires any downsizing costs to be 
absorbed.
    On page 90, section 406 prohibits use of funds in this or 
any other Act to support negotiations or to implement 
agreements to the Anti-Ballistic Missile Treaty of 1972 reached 
after January 1, 1996 unless the President certifies that such 
agreements will be submitted to the Senate for its advice and 
consent.
    On page 91, under Department of Transportation, the 
Maritime Administration, Operations and Training, language is 
included that permits reimbursements to be made to this 
appropriation from receipts to the ``Federal Ship Financing 
Fund'' for administrative expenses in support of that program.
    On pages 90 and 91, funding for several Maritime 
Administration accounts is made available until expended.
    On page 92, under Administrative Provision--Maritime 
Administration, language is provided that 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. In addition, the language provides that 
payments received by the Maritime Administration for utilities, 
services, and repairs so furnished or made shall be credited to 
the appropriation charged with the cost thereof. In addition, 
language is recommended that rental payments under any such 
lease, contract, or occupancy on account of items other than 
such utilities, services or repairs, shall be paid into the 
Treasury as miscellaneous receipts. In addition, language is 
recommended that prohibits obligation from the construction 
funds established by the Merchant Marine Act of 1936, or any 
other obligation, in excess of the appropriations and 
limitations contained in this bill and all receipts which 
otherwise would be deposited to the credit of said fund shall 
be paid to the Treasury as miscellaneous receipts.
    On pages 93 and 94, under Commission on Civil Rights, 
language is included which permits not to exceed $50,000 to be 
used to employ consultants. In addition, language is included 
that prohibits funds appropriated in this paragraph from being 
used to employ in excess of four full-time individuals under 
schedule C of the Excepted Service. Finally, language is 
included that prohibits any of the appropriation from being 
used to reimburse commissioners for more than 75 billable days 
with the exception of the Chairperson who is permitted 125 
billable days.
    On pages 94 and 95, under Equal Employment Opportunity 
Commission, language is included permitting non-monetary awards 
to private citizens. In addition, a limitation of $2,500 is 
included for official reception and representation expenses and 
a limitation of $26,500,000 is included for payments to State 
and local agencies for services pursuant to title VII of the 
Civil Rights Act.
    On pages 95 and 96, under the Federal Communications 
Commission, language is recommended setting a limitation of 
$4,000 for official representation expenses. In addition, 
language is included providing up to $600,000 for land and 
structures, and up to $500,000 for improvement and care of 
grounds and repair to buildings. Also, language is provided 
permitting the purchase of up to sixteen motor vehicles and 
authorizing the use of funds for special counsel fees. Language 
is also included permitting not to exceed $300,000 of the 
appropriation to remain available until September 30, 1998 for 
research and policy studies. Language is included making 
offsetting fee collections in excess of $126,400,000 available 
until expended, but not available until October 1, 1997.
    On page 96, language is included prohibiting the Federal 
Communications Commission from using any funds in this Act to 
deny or delay action on a broadcast license, license agreement, 
transfer, or renewal for a religious or religiously-affiliated 
entity on the basis that its recruitment or hiring practices 
are limited to persons of a particular religion or having 
religious knowledge. In addition, language is also included 
which provides that this prohibition shall not apply with 
respect to any appeal from a decision of any administrative law 
judge rendered on September 15, 1995.
    On pages 97 and 98, under the Federal Trade Commission, 
language is provided establishing a ceiling of $2,000 for 
official reception expenses. In addition, language is included 
which permits up to $58,905,000 of offsetting collections 
derived from fees collected for pre-merger notification filings 
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 
to be retained and used for necessary expenses in this 
appropriation. In addition, language is included which provides 
that the sum appropriated for the Federal Trade Commission 
shall be reduced as such offsetting collections are received 
during fiscal year 1997 so as to result in a final fiscal year 
appropriation estimated at not more than $27,025,000. Language 
is included that provides that any fees received in excess of 
$58,905,000 in fiscal year 1997 shall remain available until 
expended, but shall not be available for obligation until 
fiscal year 1998. In addition, language is provided that 
prohibits any of the funds made available to the Commission in 
this Act from being used for expenses authorized by section 151 
of the Federal Deposit Insurance Corporation Improvement Act of 
1991. Finally, language is included making funds appropriated 
from the General Fund of Treasury for the FTC available until 
expended.
    On page 98, under the Legal Services Corporation, language 
is included which designates $134,575,000 for basic field 
programs and required independent audits, $1,125,000 for the 
Office of the Inspector General, and $5,300,000 for management 
and administration.
    On pages 98 through 102, under Administrative Provisions--
Legal Services Corporation:
    Section 501 requires that no funds may be used to provide 
financial assistance to any person or entity except through a 
competitive selection process conducted in accordance with the 
criteria set forth in the section of the fiscal year 1996 
Commerce, Justice appropriations bill. Language is again 
included overriding the presumptive refunding provisions of the 
Legal Services Corporation Act.
    Section 502 prohibits funds from being expended for any 
purpose prohibited or limited by, or contrary to, any of the 
provisions in sections 501, 502, 505, 506 and 507 of the fiscal 
year 1996 bill.
    Section 502 also prohibits funds from being expended for 
any purpose prohibited by or limited by, or contrary to, any of 
the provisions of section 504 of the fiscal year 1996 bill, 
with one exception to allow the use of non-federal funds to 
represent battered women and children in matters related to 
domestic violence, regardless of their eligibility for 
assistance. Section 502 also clarifies transition rules with 
respect to cases involving attorney's fees by making it clear 
that those transition rules remain in effect as of the date of 
enactment of the fiscal year 1996 appropriations bill.
    Section 503 makes applicable in fiscal year 1997 the 
requirements in the fiscal year 1996 bill relating to annual 
audits.
    On pages 102 through 105 under the Securities and Exchange 
Commission, language is included allowing the use of funds for 
the rental of space, and establishing a ceiling of $3,000 for 
official reception expenses. Also, language is included setting 
a limit of $10,000 toward funding a permanent secretariat for 
the International Organization of Securities Commissions. In 
addition, language is included which permits up to $100,000 to 
be available for expenses for consultations and meetings hosted 
by the Commission with foreign governmental and other 
regulatory officials to exchange views concerning developments 
relating to securities matters, to include necessary logistic 
and administrative expenses and the expenses of Commission 
staff and invitees. Language is also included increasing the 
rate of fees under section 6(b) of the Securities Act of 1933 
from one-fiftieth of one percent to one thirty-third of one 
percent, and providing that such increase shall be deposited to 
this account as an offsetting collection. Language is also 
included setting a fee of one eight-hundredth of one percent on 
sales transacted otherwise than on a national securities 
exchange, payable twice annually, and providing that the 
increase shall be deposited in this account as an offsetting 
collection.
    On page 105, under the Small Business Administration, 
``Salaries and Expenses,'' language is included limiting the 
amount for official reception and representation expenses to 
$3,500. Language is also included designating the amounts 
available for SBA's non-credit programs, and further designates 
that $3,000,000 of this amount is available only for projects 
jointly developed, implemented and administered with the 
Commerce Department's Minority Business Development Agency. In 
addition, language is included which permits the Administrator 
to charge fees to cover the cost of publications developed by 
the Small Business Administration and certain loan servicing 
activities. Further the language provides 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 appropriation.
    On page 106, under the Business Loans Program Account, 
language is included allowing funds to be used for the cost of 
modifying loans. In addition, language is included which allows 
$93,485,000 to be transferred to and merged with the 
appropriation for SBA, Salaries and Expenses.
    On pages 106 and 107, under Disaster Loans Program Account, 
language is included to permit funds to be used for the cost of 
modifying loans. In addition, language is included which allows 
$100,578,000 to be transferred to and merged with the 
appropriation for SBA, Salaries and Expenses and Office of 
Inspector General.
    On page 107, under Administrative Provision--Small Business 
Administration, section 504 provides that up to 5 percent of 
any appropriation made available in the Act for the Small 
Business Administration may be transferred between such 
appropriations, but no such appropriation shall be increased by 
more than 10 percent by any such transfer. The language further 
provides that any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of the 
accompanying bill and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.
    On pages 108-114, General Provisions, the following 
sections are included which come under the rule:
    Section 603 provides that 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.
    Section 604 provides that 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.
    Section 605(a) provides that none of the funds provided 
under this Act, under prior appropriations acts, 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 expenditures 
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 employee; (5) reorganizes offices, 
programs, or activities; or (6) contracts out or privatizes any 
functions or activities presently performed by Federal 
employees; unless the Appropriations Committee of both Houses 
of Congress are notified 15 days in advance of such 
reprogramming of funds.
    Section 605(b) provides that none of the funds provided 
under this Act, under prior appropriations acts, or provided 
from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agency funded by 
this Act shall be available for obligation or expenditure for 
activities, programs, or projects through a reprogramming of 
funds in excess of $500,000 or 10 percent whichever is less 
that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by Congress; or (3) results from any general savings 
due to a reduction in personnel which would result in a change 
in existing programs, activities, or projects as approved by 
Congress, unless the Appropriations Committee of both Houses of 
Congress are notified 15 days in advance of such reprogramming 
of funds.
    Section 606 prohibits any of the funds in this Act from 
being used for the construction, repair, overhaul, conversion, 
or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the 
United States.
    Section 607(b) includes language requiring that the head of 
each Federal agency provide a notice, describing that it is the 
sense of Congress that all equipment and products purchased 
with funds made available under this Act be American-made, when 
providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this 
Act.
    Section 608 includes language prohibiting funds made 
available in this Act from being used to implement, administer 
or enforce any guidelines of the Equal Employment Opportunity 
Commission covering religious harassment, when it is made known 
to the Federal entity or official to which the 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.
    Section 609 prohibits funds from being expended for 
expansion of diplomatic presence in Vietnam unless 
certification is made relating to POW/MIA issues.
    Section 610 prohibits use of funds for any United Nations 
peacekeeping mission if U.S. troops are under foreign command 
or control unless certain certifications are made.
    Section 611 prohibits use of funds for certain prison 
amenities.
    Section 612 prohibits use of NOAA fleet modernization funds 
to implement sections 603, 604, and 605 of P.L. 102-567.
    Section 613 prohibits use of funds for TV Marti, when it is 
made known that use of those funds would be inconsistent with 
the March 1995 CUBA Broadcasting Reinventing Plan.
    Section 614 requires that any downsizing costs of any 
agency in the Act be absorbed within the agency's budget.

                 Appropriations, Not Authorized by Law

    Pursuant to clause 3 of rule XXI of the House of 
Representatives, the following table lists the appropriations 
in the accompanying bill which are not authorized by law in 
whole or in part. The Committee notes that authorization 
legislation for many of the programs listed below has either 
passed the House or is pending before the House or the 
committee of jurisdiction. In all cases, the Committee has 
endeavored to work closely with the committee of jurisdiction 
in developing the recommendations in this bill.

Department of Justice:
          General Administration
                  Salaries and Expenses
                  Administrative Review and Appeals
                  Office of the Inspector General
          United States Parole Commission
          Legal Activities
                  Salaries and Expenses, General Legal 
                Activities
                  Salaries and Expenses, Antitrust Division
                  Salaries and Expenses, United States 
                Attorneys
                  Salaries and Expenses, Foreign Claims 
                Settlement Commission
                  Fees and Expenses of Witnesses
                  Community Relations Service
          Radiation Exposure Compensation, Administrative 
        Expenses
          Interagency Law Enforcement
          Federal Bureau of Investigation
                  Salaries and Expenses
                  Construction
          Drug Enforcement Administration
                  Salaries and Expenses
          Immigration and Naturalization Service
                  Salaries and Expenses
                  Construction
          Federal Prison System
                  Salaries and Expenses
                  Building and Facilities
                  Federal Prison Industries, Incorporated
                  Limitation on Administrative Expenses, 
                Federal Prison Industries, Incorporated
          Office of Justice Programs
                  Justice Assistance
                  State and Local Law Enforcement Assistance, 
                Violent Crime Reduction Programs, Local Law 
                Enforcement Block Grants
                  Weed and Seed Program
                  Juvenile Justice Programs
                  Victims of Child Abuse
Office of the United States Trade Representative
International Trade Commission
Department of Commerce:
          International Trade Administration, except Import 
        Administration
          Export Administration
          Economic Development Administration, except Salaries 
        and Expenses
          Minority Business Development Agency
          National Telecommunications and Information 
        Administration
                  Salaries and Expenses
                  Public Broadcasting Facilities, Planning and 
                Construction
                  Information Infrastructure Grants
          Patent and Trademark Office
          National Institute of Standards and Technology
                  Scientific and Technical Research and 
                Services
                  Industrial Technology Services
          National Oceanic and Atmospheric Administration
                  Operations, Research and Facilities
                  Construction
          Technology Administration
Department of State:
          Diplomatic and Consular Services, except registration 
        fees
          Salaries and Expenses
          Capital Investment Fund
          Office of Inspector General
          Representation Allowances
          Protection of Foreign Missions and Officials
          Security and Maintenance of United States Missions
          Emergencies in the Diplomatic and Consular Service
          Payment to the American Institute in Taiwan
          Contributions to International Organizations
          Contributions to International Peacekeeping 
        Activities
          International Boundary and Water Commission, United 
        States and Mexico
          American Sections, International Commissions, except 
        Border Environment Cooperation Commission
          International Fisheries Commissions
          Payment to the Asia Foundation
Arms Control and Disarmament Agency
United States Information Agency:
          Salaries and Expenses
          Technology Fund
          Educational and Cultural Exchange Programs
          International Broadcasting Operations
          Radio Construction
          National Endowment for Democracy
Department of Transportation, Maritime Administration:
          Maritime Security Program
          Operations and Training
          Maritime Guaranteed Loan Program Account
Commission on Civil Rights
Federal Communications Commission, except offsetting fee 
    collections
Federal Maritime Commission
Legal Services Corporation
Securities and Exchange Commission

                     Inflationary Impact Statement

    Clause 2(l)(4) of rule XI of the House of Representatives 
requires that each committee report accompanying a bill or 
resolution contain a statement as to whether enactment of the 
bill or resolution would have an inflationary impact on prices 
and costs in the operation of the national economy. In 
accordance with this requirement, it is the opinion of the 
Committee that enactment of this bill would not have an 
inflationary impact on prices and costs in the operation of the 
national economy.
    The total amount recommended in the bill is $29,512,712,000 
in new budget authority for the departments, agencies and 
commissions considered by the Committee. Considering the 
diversity of the programs funded in this bill, the Committee 
has concluded that there is no inflationary impact on prices 
and costs in the operation of the national economy.

                   Comparison With Budget Resolution

    Section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, requires that the report accompanying a bill providing 
new budget authority contain a statement detailing how the 
authority compares with the reports submitted under section 
602(b) of the Act for the most recently agreed to concurrent 
resolution on the budget for the fiscal year. This information 
follows:

                        [In millions of dollars]                        
------------------------------------------------------------------------
                                          Section 602(b)  Recommended in
                                            allocation       this bill  
------------------------------------------------------------------------
Budget authority:                                                       
    Mandatory...........................            $540         \1\ 522
    Discretionary.......................          24,493          24,466
    Violent Crime Reduction Trust Fund..           4,525           4,525
                                         -------------------------------
      Total budget authority............          29,558          29,513
                                         ===============================
Outlays:                                                                
    Mandatory...........................             529             515
    Discretionary.......................          24,939          24,926
    Violent Crime Reduction Trust Fund..           2,951           2,951
                                         -------------------------------
      Total outlays.....................          28,419          28,392
------------------------------------------------------------------------
\1\ Of the discretionary 602(b) allocation, $235,000,000 in budget      
  authority and $209,000,000 in outlays were provided for national      
  security (050) functions, for which the Subcommittee has recommended  
  $213,000,000 in budget authority, and $197,000,000 in outlays.        

    The bill provides no new spending authority as described in 
section 401(c)(2) of the Congressional Budget and Impoundment 
Control Act of 1974 (Public Law 93-344), as amended.

                    Five-Year Projection of Outlays

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344) as amended, the following tables contain 
five-year projections of the outlays associated with the budget 
authority provided in the accompanying bill:

                        fiscal year 1997 outlays

                        [In millions of dollars]

Budget authority........................................         $29,493
Outlays:
    1997................................................          20,436
    1998................................................           4,908
    1999................................................           2,606
    2000................................................           1,379
    2001 and future years...............................             111

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(D) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), the new budget authority and outlays 
provided by the accompanying bill for financial assistance to 
State and local governments are as follows:

                                                                Millions
FY 1997 new budget authority............................          $2,747
FY 1997 outlays resulting therefrom.....................             459

                   Programs, Projects, and Activities

    During fiscal year 1997, for purposes of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended, the following information provides the 
definition of the term ``program, project, and activity'' for 
departments and agencies under the jurisdiction of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Subcommittees of the House and Senate. The term ``program, 
project, and activity'' shall include the most specific level 
of budget terms identified in the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act of 1997, as passed the House and the House 
report accompanying said Act.
    In implementing any Presidential order, departments and 
agencies shall apply the percentage reduction required for 
fiscal year 1997 pursuant to the provisions of Public Law 99-
177 to each program, project, activity and subactivity 
specified in the budget justification documents submitted to 
the Committees on Appropriations of the House and Senate in 
support of the fiscal year 1997 budget estimates, as amended, 
for such departments and agencies, as modified by Congressional 
action. In addition, the departments and agencies, in 
implementing the Presidential order, shall apply the percentage 
reduction required for fiscal year 1997 to each grantee of such 
department or agency as applicable. In addition, the 
departments and agencies in implementing the Presidential 
order, shall not: (1) eliminate any program, project or 
activity; (2) reorder priorities or funds; or (3) initiate any 
program, project or activity that was not funded in the fiscal 
year 1997 Appropriations Act. However, for purposes of program 
execution, departments and agencies may propose reprogrammings 
between programs, projects and activities pursuant to the 
provisions of the Committee's reprogramming procedures after 
they implement the reductions under the Balanced Budget Act.

            Compliance With Rule XIII, Cl. 3 (Ramseyer Rule)

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):
                              ----------                              


                      TITLE 28, UNITED STATES CODE

          * * * * * * *

                     PART II--DEPARTMENT OF JUSTICE

          * * * * * * *

                    CHAPTER 31--THE ATTORNEY GENERAL

          * * * * * * *

Sec. 524. Availability of appropriations

    (a) * * *
          * * * * * * *
    (c)(1) * * *
          * * * * * * *
    (8)(A) * * *
          * * * * * * *
    (E) Subject to the notification procedures contained in 
section 605 of Public Law 103-121, and after satisfying the 
transfer requirement in subparagraph (B) of this paragraph, any 
excess unobligated balance remaining in the Fund on September 
30, [1995]1996 shall be available to the Attorney General, 
without fiscal year limitation, for any Federal law 
enforcement, litigative/prosecutive, and correctional 
activities, or any other authorized purpose of the Department 
of Justice. Any amounts provided pursuant to this subparagraph 
may be used under authorities available to the organization 
receiving the funds.
          * * * * * * *

                   CHAPTER 39--UNITED STATES TRUSTEES

[Sec. 589a. United States Trustee System Fund

    [(a) There is hereby established in the Treasury of the 
United States a special fund to be known as the ``United States 
Trustee System Fund'' hereinafter in this section referred to 
as the ``Fund''). Monies in the Fund shall be available to the 
Attorney General without fiscal year limitation in such amounts 
as may be specified in appropriations Acts for the following 
purposes in connection with the operations of United States 
trustees--
          [(1) salaries and related employee benefits;
          [(2) travel and transportation;
          [(3) rental of space;
          [(4) communication, utilities, and miscellaneous 
        computer charges;
          [(5) security investigations and audits;
          [(6) supplies, books, and other materials for legal 
        research;
          [(7) furniture and equipment;
          [(8) miscellaneous services, including those obtained 
        by contract; and
          [(9) printing.
    [(b) There shall be deposited in the Fund--
          [(1) 23.08 per centum of the fees collected under 
        section 1930(a)(1) of this title;
          [(2) 37.5 per centum of the fees collected under 
        section 1930(a)(3) of this title;
          [(3) one-half of the fees collected under section 
        1930(a)(4) of this title;
          [(4) one-half of the fees collected under section 
        1930(a)(5);
          [(5) 60 per centum of the fees collected under 
        section 1930(a)(6) of this title;
          [(6) three-fourths of the fees collected under the 
        last sentence of section 1930(a) of this title; and
          [(7) the compensation of trustees received under 
        section 330(d) of title 11 by the clerks of the 
        bankruptcy courts.
    [(c)(1) Except as provided in paragraph (2), amounts in the 
Fund which are not currently needed for the purposes specified 
in subsection (a) shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.
    [(2) On November 1, 1989, and on November 1 of each year 
thereafter, the Secretary of the Treasury shall transfer into 
the general fund of the Treasury the amount, if any, in the 
Fund that exceeds 110 percent of--
          [(A) the amount appropriated for the entire current 
        fiscal year for the purposes specified in subsection 
        (a), or
          [(B) if no appropriation has been made for the entire 
        current fiscal year, the annual equivalent of the 
        aggregate amount appropriated to date for the current 
        fiscal year for the purposes specified in subsection 
        (a).
    [(d)(1) The Attorney General shall transmit to the 
Congress, not later than 120 days after the end of each fiscal 
year, a detailed report on the amounts deposited in the Fund 
and a description of the expenditures made under this section.
    [(2) If for each fiscal year in any period of 2 successive 
fiscal years--
          [(A) the aggregate amount deposited under subsection 
        (b) in the Fund exceeds 110 percent of expenditures for 
        the purposes specified in subsection (a), or
          [(B) the costs incurred for the purposes specified in 
        subsection (a) exceed the aggregate amount deposited 
        under subsection (b) in the Fund,
then the Attorney General shall include in such report a 
recommendation regarding the manner in which the fees payable 
under section 1930(a) of title 28, United States Code, may be 
modified to cause the annual amount deposited in the Fund to 
more closely approximate the annual amount expended from the 
Fund.
    [(e) There are authorized to be appropriated to the Fund 
for any fiscal year such sums as may be necessary to supplement 
amounts deposited under subsection (b) for the purposes 
specified in subsection (a).
    [(f) For the purpose of recovering the cost of services of 
the United States Trustee System, there shall be deposited as 
offsetting collections to the appropriation ``United States 
Trustee System Fund'', to remain available until expended, the 
following--
          [(1) 12.5 per centum of the fees collected under 
        section 1930(a)(3) of this title;
          [(2) 40 per centum of the fees collected under 
        section 1930(a)(6) of this title.]

Sec. 589a. United States Trustee System Fund

    (a) There is hereby established in the Treasury of the 
United States a special fund to be known as the ``United States 
Trustee System Fund'' (hereinafter in this section referred to 
as the ``Fund''). Monies in the Fund shall be available to the 
Attorney General without fiscal year limitation in such amounts 
as may be specified in appropriations Acts for the following 
purposes in connection with the operations of United States 
trustees--
          (1) salaries and related employee benefits;
          (2) travel and transportation;
          (3) rental of space;
          (4) communication, utilities, and miscellaneous 
        computer charges;
          (5) security investigations and audits;
          (6) supplies, books, and other materials for legal 
        research;
          (7) furniture and equipment;
          (8) miscellaneous services, including those obtained 
        by contract; and
          (9) printing.
    (b) For the purpose of recovering the cost of services of 
the United States Trustee System, there shall be deposited as 
offsetting collections to the appropriation ``United States 
Trustee System Fund'', to remain available until expended, the 
following--
          (1) 23.08 percent of the fees collected under section 
        1930(a)(1) of this title;
          (2) one-half of the fees collected under section 
        1930(a)(3) of this title;
          (3) one-half of the fees collected under section 
        1930(a)(4) of this title;
          (4) one-half of the fees collected under section 
        1930(a)(5) of this title;
          (5) 100 percent of the fees collected under section 
        1930(a)(6) of this title;
          (6) three-fourths of the fees collected under the 
        last sentence of section 1930(a) of this title;
          (7) the compensation of trustees received under 
        section 330(d) of title 11 by the clerks of the 
        bankruptcy courts; and
          (8) excess fees collected under section 586(e)(2) of 
        this title.
    (c) Amounts in the Fund which are not currently needed for 
the purposes specified in subsection (a) shall be kept on 
deposit or invested in obligations of, or guaranteed by, the 
United States.
    (d) The Attorney General shall transmit to the Congress, 
not later than 120 days after the end of each fiscal year, a 
detailed report on the amounts deposited in the Fund and a 
description of expenditures made under this section.
    (e) There are authorized to be appropriated to the Fund for 
any fiscal year such sums as may be necessary to supplement 
amounts deposited under subsection (b) for the purposes 
specified in subsection (a).
          * * * * * * *

                 PART III--COURT OFFICERS AND EMPLOYEES

          * * * * * * *

       CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

          * * * * * * *

Sec. 612. Judiciary Automation Fund

    (a) * * *
          * * * * * * *
    (l) Termination of Authority.--The fund and the Authorities 
conferred by this section, terminate on September 30, [1997] 
1998. All unobligated amounts remaining in the Fund on that 
date shall be deposited into the fund established under section 
1931 of this title to be used to reimburse other 
appropriations.
          * * * * * * *

                           PART V--PROCEDURE

          * * * * * * *

                       CHATER 123--FEES AND COSTS

Sec. 1930. Bankruptcy fees

    (a) Notwithstanding section 1915 of this title, the parties 
commencing a case under title 11 shall pay to the clerk of the 
district court or the clerk of the bankruptcy court, if one has 
been certified pursuant to section 156(b) of this title, the 
following filing fees:
          (1) * * *
          * * * * * * *
          (6) In addition to the filing fee paid to the clerk, 
        a quarterly fee shall be paid to the United States 
        trustee, for deposit in the Treasury, in each case 
        under chapter 11 of title 11 for each quarter 
        (including any fraction thereof) until a plan is 
        confirmed or the case is converted or dismissed, 
        whichever occurs first. The fee shall be $250 for each 
        quarter in which disbursements total less than $15,000; 
        [$500 for each quarter in which disbursements total 
        $15,000 or more but less than $150,000; $1,250 for each 
        quarter in which disbursements total $150,000 or more 
        but less than $300,000; $3,750 for each quarter in 
        which disbursements total $300,000 or more but less 
        than $3,000,000; $5,000 for each quarter in which 
        disbursements total $3,000,000 or more. The fee shall 
        be payable on the last day of the calendar month 
        following the calendar quarter for which the fee is 
        owed.] $500 for each quarter in which disbursements 
        total $15,000 or more but less than $75,000; $750 for 
        each quarter in which disbursements total $75,000 or 
        more but less than $150,000; $1,250 for each quarter in 
        which disbursements total $150,000 or more but less 
        than $225,000; $1,500 for each quarter in which 
        disbursements total $225,000 or more but less than 
        $300,000; $3,750 for each quarter in which 
        disbursements total $300,000 or more but less than 
        $1,000,000; $5,000 for each quarter in which 
        disbursements total $1,000,000 or more but less than 
        $2,000,000; $7,500 for each quarter in which 
        disbursements total $2,000,000 or more but less than 
        $3,000,000; $8,000 for each quarter in which 
        disbursements total $3,000,000 or more but less than 
        $5,000,000; $10,000 for each quarter in which 
        disbursements total $5,000,000 or more. The fee shall 
        be payable on the last day of the calendar month 
        following the calendar quarter for which the fee is 
        owed.
An individual commencing a voluntary case or a joint case under 
title 11 may pay such fee in installments. For converting, on 
request of the debtor, a case under chapter 7, or 13 of title 
11, to a case under chapter 11 of title 11, the debtor shall 
pay to the clerk of the district court or the clerk of the 
bankruptcy court, if one has been certified pursuant to section 
156(b) of this title, a fee of $400.
          * * * * * * *
                              ----------                              


                        ACT OF OCTOBER 25, 1994

                           (Pub. L. 103-414)

     AN ACT To amend title 18, United States Code, to make clear a 
 telecommunications carrier's duty to cooperate in the interception of 
  communications for law enforcement purposes, and for other purposes.

          * * * * * * *

        TITLE IV--TELECOMMUNICATIONS CARRIER COMPLIANCE PAYMENTS

SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE 
                    FUND.

    (a) Establishment of Fund.--There is hereby established in 
the United States Treasury a fund to be known as the Department 
of Justice Telecommunications Carrier Compliance Fund 
(hereafter referred to as ``the Fund''), which shall be 
available without fiscal year limitation to the Attorney 
General for making payments to telecommunications carriers, 
equipment manufacturers, and providers of telecommunications 
support services pursuant to section 109 of this Act.
    (b) Deposits to the Fund.--Notwithstanding any other 
provision of law, any agency of the United States with law 
enforcement, intelligence, or national security 
responsibilities may deposit as off-setting collections to the 
Fund any unobligated balances that are available until 
expended, upon compliance with any Congressional notification 
requirements for reprogrammings of funds applicable to the 
appropriation from which the deposit is to be made.
    (c) Termination.--
          (1) The Attorney General may terminate the Fund at 
        such time as the Attorney General determines that the 
        Fund is no longer necessary.
          (2) Any balance in the Fund at the time of its 
        termination shall be deposited in the General Fund of 
        the Treasury.
          (3) A decision of the Attorney General to terminate 
        the Fund shall not be subject to judicial review.
    (d) Availability of Funds for Expenditure.--Funds shall 
only be available for obligation after submission of an 
implementation plan as set forth in subsection (e) to the 
Committees on the Judiciary and Appropriations of both the 
House of Representatives and the Senate and shall be treated as 
a reprogramming of funds under section 605 of the Department of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1997, and shall not be available 
for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    (e) Implementation Plan.--The implementation plan shall 
include:
          (1) law enforcement assistance capability features 
        including an explanation of how proposed interface and 
        assistance capability requirements exceed or differ 
        from the law enforcement assistance currently provided 
        by carriers;
          (2) the actual and maximum number of simultaneous 
        surveillance/intercepts that law enforcement agencies 
        expect to perform (capacity requirements), as well as 
        the ``historical baseline electronic surveillance 
        activity'' on which the proposed capacity requirements 
        are based;
          (3) a detailed county by county listing of proposed 
        actual and maximum capacity requirements;
          (4) the proposed network switch and other assistance 
        capability features requested by law enforcement that 
        would be required to be installed by telecommunications 
        carriers;
          (5) a complete estimate of the full costs of 
        development and deployment of the assistance capability 
        features, the full costs of the proposed actual and 
        maximum capacities requested by law enforcement, the 
        full cost of training telecommunications carrier 
        personnel in the use of such capabilities and 
        capacities, and to what extent funding of $500,000,000 
        will be sufficient to fully reimburse 
        telecommunications carriers for the reasonable cost of 
        compliance with this Act; and
          (6) a complete estimate of the full and reasonable 
        costs associated with modification to be performed by 
        telecommunications carriers of their network equipment 
        and facilities installed or deployed after January 1, 
        1995, which are not proposed for reimbursement.
    (f) Annual Report to the Congress.--The Attorney General 
shall submit to the Congress each year a report specifically 
detailing all deposits and expenditures made pursuant to this 
Act in each fiscal year. This report shall be submitted to each 
Member of the Committees on the Judiciary and Appropriations of 
both the House of Representatives and the Senate, and to the 
Speaker and Minority Leader of the House of Representatives and 
to the Majority and Minority Leaders of the Senate, no later 
than 60 days after the end of each fiscal year.

                           Transfer of Funds

    Pursuant to clause 1(b), rule X of the House of 
Representatives, the following information is submitted 
describing the transfer of funds recommended in the 
accompanying bill:
    On page 54, under ``Operations, Research, and Facilities,'' 
the Committee recommends that $66,000,000 be derived by 
transfer from the fund entitled ``Promote and Develop Fishery 
Products and Research Pertaining to American Fisheries.'' This 
fund is a permanent appropriation to which a portion of Customs 
duties on fishery products is appropriated for fisheries 
research, management, and development. The Committee believes 
it appropriate to use a portion of these funds to support 
fisheries research and development programs under the 
``Operations, Research, and Facilities'' account.

                          Rescission of Funds

    In compliance with clause 1(b) of rule X of the House of 
Representatives, the Committee reports that it recommends a 
rescission in the bill, as follows:

National Oceanic and Atmospheric Administration, 
    Operations, Research and Facilities.................    -$10,000,000
                          Full Committee Votes

    Pursuant to the provisions of clause 2(l)(2)(b) of rule XI 
of the House of Representatives, the results of each rollcall 
vote on an amendment or on the motion to report, together with 
the names of those voting for and those voting against, are 
printed below:

                             ROLLCALL NO. 1

    Date: July 11, 1996.
    Measure: Fiscal Year 1997 Commerce, Justice, State, 
Judiciary, Appropriations Bill.
    Motion by: Mr. Livingston.
    Description of motion: To preclude funding for negotiating 
activities or to implement agreements, amendments or 
understandings to the Anti-Ballistic Missile Treaty of 1972 
regarding the establishment of a demarcation between theater 
missile defense systems and anti-ballistic missile systems 
unless the President certifies that any amendments, agreements 
or understandings reached will be submitted to the Senate for 
its advice and consent.
    Results: Adopted 26 yeas to 21 nays.
        Members Voting Yea            Members Voting Nay
Mr. Bonilla                         Mr. Bevill
Mr. Bunn                            Mr. Coleman
Mr. Dickey                          Mr. Dicks
Mr. Forbes                          Mr. Dixon
Mr. Frelinghuysen                   Mr. Durbin
Mr. Hobson                          Mr. Fazio
Mr. Istook                          Mr. Foglietta
Mr. Kingston                        Mr. Hoyer
Mr. Knollenberg                     Ms. Kaptur
Mr. Kolbe                           Mrs. Lowey
Mr. Lewis                           Mr. Mollohan
Mr. Lightfoot                       Mr. Murtha
Mr. Livingston                      Mr. Obey
Mr. Miller                          Ms. Pelosi
Mr. Myers                           Mr. Sabo
Mr. Nethercutt                      Mr. Serrano
Mr. Neumann                         Mr. Skaggs
Mr. Parker                          Mr. Thornton
Mr. Regula                          Mr. Torres
Mr. Rogers                          Mr. Visclosky
Mr. Skeen                           Mr. Yates
Mr. Taylor
Mrs. Vucanovich
Mr. Walsh
Mr. Wicker
Mr. Wolf

                          Full Committee Votes

    Pursuant to the provisions of clause 2(l)(2)(b) of rule XI 
of the House of Representatives, the results of each rollcall 
vote on an amendment or on the motion to report, together with 
the names of those voting for and those voting against, are 
printed below:

                             ROLLCALL NO. 2

    Date: July 11, 1996.
    Measure: Fiscal Year 1997 Commerce, Justice, State, 
Judiciary Appropriations Bill.
    Motion by: Mr. Skaggs.
    Description of motion: To eliminaet funding for USIA 
television broadcasting to Cuba and increase funding for 
additional INS Border Patrol agents by $11,000,000.
    Results: Adopted 29 yeas to 13 nays.
        Members Voting Yea            Members Voting Nay
Mr. Bevill                          Mr. Forbes
Mr. Bunn                            Mr. Frelinghuysen
Mr. Chapman                         Mr. Knollenberg
Mr. Coleman                         Mr. Lewis
Mr. Dickey                          Mr. Lightfoot
Mr. Dicks                           Mr. Livingston
Mr. Dixon                           Mr. Myers
Mr. Durbin                          Mr. Rogers
Mr. Fazio                           Mr. Skeen
Mr. Foglietta                       Mr. Taylor
Mr. Hoyer                           Mrs. Vucanovich
Mr. Istook                          Mr. Wicker
Ms. Kaptur                          Mr. Wolf
Mr. Kolbe
Mrs. Lowey
Mr. Miller
Mr. Mollohan
Mr. Nethercutt
Mr. Neumann
Mr. Parker
Ms. Pelosi
Mr. Regula
Mr. Serrano
Mr. Skaggs
Mr. Thornton
Mr. Torres
Mr. Visclosky
Mr. Walsh
Mr. Yates
      
    
    
                      ADDITIONAL VIEWS OF MR. OBEY

    It is apparent that some Members of this Congress view the 
Anti-Ballistic Missile Treaty with minimum high regard. 
Language added to this appropriation restricting the use of 
funds needed for negotiating updated clarifications of the 
treaty reflect that lack of regard. Because of that language, 
this bill would create potentially needless barriers to the 
extension of the treaty to the Republics of the former Soviet 
Union. That would in effect make the entire treaty of 
questionable value and threaten compliance by anyone. While 
that might be good news for some weapons manufacturers, it 
would be terrible news for virtually everyone else.
    The ABM Treaty was signed in 1972 by President Nixon. In 
the past few months the Administration has been making progress 
toward a set of understandings that would update the treaty--
taking into consideration the fact that one of the original 
signatories, the Soviet Union, no longer exists and that the 
treaty must require Russia and other republics of the former 
Soviet Union to assume the compliance responsibilities of the 
Soviet Union if it is to continue to be effective. I find it 
very difficult to understand why any American would not support 
our efforts to gain treaty compliance on the part of all of the 
Former Soviet Republics.
    The Administration is also trying to use this opportunity 
to clarify and further define the distinction between anti-
ballistic missile systems and theater missile defense systems, 
consistent with the 1996 Defense Authorization Act and 
according to the standard which that act established. Such 
clarification would provide the latitude to deploy systems more 
protective of our ground troops and the U.S. military posture 
throughout the world. The net effect of this clarification is 
to make the Treaty more acceptable to some of its U.S. critics, 
including the author of this language.
    These two clarifications represent the entire thrust of the 
current negotiations. In both cases, according to our 
Constitutional process, the Administration has the authority to 
define understandings pursuant to treaties without referring 
the treaty to the Senate for re-ratification. The 
Administration has not yet determined whether these 
understandings will require Congressional action although the 
Administration has consistently signaled its intention to 
ensure that the Congress is well-briefed as the negotiations 
continue.
    If the treaty clarifications reached in the negotiations 
constitute substantive adjustments to the ABM Treaty, then I 
would also expect the Congress to be given the opportunity to 
take action with respect to those changes. But if these 
clarifications do not result in substantive changes to the 
original treaty--which is entirely possible, then the language 
contained in this bill could pose a major additional obstacle 
to a commitment by the former Soviet Republics to meet their 
treaty obligations. The language would not only trigger action 
in the United States Senate, but would trigger parallel actions 
on the part of the other signatories injecting the Russian Duma 
and the legislative bodies of the other former republics 
unnecessarily into what would become a much more complicated 
and elaborate ratification process. This would bode 
particularly ill for U.S. interests and for the future of the 
Treaty since the most reactionary and anti American political 
elements in the Republics maintain their political power base 
in these legislatures. Requiring re-ratification by these 
bodies is clearly not in the U.S. interest and could result in 
the ABM Treaty falling apart.
    While I sincerely hope that the real motive behind this 
language is not to blow up the ABM Treaty, using a possible 
refusal of the Duma, the RADA or some other legislature to re-
ratify as an excuse, it is hard to see what other purpose it 
serves. Why else would the Committee act to force legislative 
review on language which has yet to be finally agreed to by the 
negotiators.
    One additional concern which this language raises, is the 
threat which it poses to the ability of this Committee and the 
Congress to get its work done in a timely manner and without 
threatening government shutdowns. Last year, this bill and 
others were needlessly loaded up with controversial language 
that dealt with matters unrelated to agency funding levels. By 
attempting to resolve issues outside the jurisdiction of this 
committee, matters that were clearly the responsibility of 
other committees we became enmeshed in legislative gridlock. 
The two bodies of Congress were unable to arrive at an 
agreement on most Appropriation matters until a significant 
part of the new Fiscal Year had already passed. Months more 
passed before agreement could be reached with the President so 
that the appropriation bills could finally become law. 
Taxpayers across the country were victimized by this 
mishandling of the public trust. In the three major Departments 
funded under this bill, the shutdowns resulted in serious 
impediments to: the prosecution of federal felonies; orderly 
operation of federal prisons; maintenance of diplomatic 
relations; as well as significant losses to thousands of small 
businesses who will not renew their contracts with the federal 
government unless allowances are made for the previously 
unanticipated risks which such occurrences pose to those 
willing to do business with the federal government.
    This language sends us right back down that road again. 
This issue is already being addressed in the Senate Defense 
Authorization. Its inclusion in this bill duplicates that 
debate and creates problems for this bill that will impede its 
consideration at every step in the process. Once again our 
efforts to reach common ground on spending matters are being 
entangled in issues that have little or nothing to do with the 
basic task of funding the Federal government--a task which the 
record of this Congress would indicate is more than 
sufficiently daunting to command our full and exclusive 
attention.
 ADDITIONAL VIEWS SUBMITTED BY MR. MOLLOHAN, MR. SKAGGS, AND MR. DIXON

    We would like to congratulate the Chairman for the fine job 
he has done in putting together this bill under difficult 
circumstances. He and his staff have worked tirelessly in 
crafting this bill, and we want to thank them for their 
diligence, and for allowing us to voice our views on a number 
of issues during the appropriations process.
    Regrettably, however, there are several areas of the bill 
where we are in disagreement.
    First, we must express our objections to the funding level 
provided in this bill for the Legal Services Corporation (LSC). 
In Fiscal Year 1996, funding for the LSC was reduced 
significantly, and numerous new restrictions were placed on LSC 
grantees. The additional cut in Fiscal Year 1997 funding, a 
reduction of almost 50 percent below that provided in Fiscal 
Year 1996, is cause for serious alarm. The guiding premise 
under which our legal system is founded is equal justice under 
law. Access to the system is the first requirement in 
fulfilling that lofty principle, and that access is being 
denied to many Americans due to the funding level provided in 
this bill. A funding level of $141 million will surely prevent 
many of the poorest of our Nation's citizens from accessing our 
judicial system.
    Additionally, we are very concerned with the level of 
funding provided for programs under the Department of Commerce. 
This bill would cut the Department $756 million below the 
Administration's request, and $119 million below the level 
provided in Fiscal Year 1996.
    This bill does not provide adequate funding for the 
Department of Commerce's technology initiatives. The most 
egregious example is the Advanced Technology Program. There is 
only $110.5 million for ATP in this bill--not nearly enough for 
the Federal government to fulfill its obligations on prior year 
grant awards. While we realize there is a philosophical 
difference of opinion on ATP, this program is a critical part 
of the President's competitiveness agenda, and deserves to be 
funded robustly. Simply stated, the ATP is about investing in 
our Nation's competitiveness in the global marketplace. It does 
nothing more than put U.S. industry on a level playing field 
with our major global competitors. And while we are pleased 
with the increases this bill provides for NIST's internal 
programs, it is simply not a substitute for ATP.
    We are also very concerned with the majority's decision to 
zero out NIST's construction account. The current laboratory 
facilities at NIST are woefully inadequate, and such an action 
only serves to perpetuate the problem.
    Also in Commerce, we are concerned with the level of 
funding provided for the Census Bureau. This bill provides a 
funding level which is $60 million below the Administration's 
request. It does not provide much needed increases for current 
economic statistics and cuts in half the requested increase for 
the ramp up to the 2000 Census.
    There are several other areas of Commerce's budget for 
which this bill does not provide adequate resources. For 
example, the funding levels provided to the National Weather 
Service's operations and research account and NESDIS 
environmental observing systems will result in a degradation of 
the overall accuracy and timeliness of local weather and 
flooding forecasts nationwide.
    With regard to the Small Business Administration, this bill 
does not provide the requested--and needed--increase for the 
7(a) business loan program. We are concerned that without 
necessary changes to the program's subsidy rate, this mark may 
limit capital available to small businesses.
    With regard to the State Department, while the bill does 
provide some funding to reduce our United Nation's peacekeeping 
arrearages, we believe the bill does not go far enough. We join 
the Chairman in his efforts to promote real reforms at the 
United Nations, and applaud his leadership in this area. We 
simply wish to point out that the willingness of our allies to 
support our strong demands for U.N. reform is lessened by our 
large arrearage balances.
    We also wish to articulate our concerns regarding funding 
for the United States Informaation Agency (USIA). We urge 
caution in reductions to educational and cultural exchange 
accounts. In international broadcasting, we question the need 
for additional funding for the Radio Free Asia/Asia Pacific 
Network program. A sufficient operating plan has not been 
received by the Congress and the Broadcasting Board of 
Governors has not provided specific transmitter or cost 
information.
    Of additional note, we point out that while the Judiciary 
has received some increases over Fiscal Year 1996, we are 
concerned about the level of funding provided for defender 
services.
    Lastly, on a more positive note, we are pleased that funds 
have been provided for the Community Policing initiative known 
as the COPS program. The COPS program, a critical piece of the 
President's crime fighting strategy, is a resounding success. 
With approval given to applications for over 44,000 new COPS on 
the beat, we are well on our way toward fulfilling the 
President's goal of adding 100,000 COPS to this Nation's 
streets. We also want to express our support for the robust 
funding of law enforcement functions in this bill. 
Substantially increased resources have been provided for the 
important missions performed by the Federal Bureau of 
Investigation, the Drug Enforcement Administration, U.S. 
Attorneys, U.S. Marshals, and the Immigration and 
Naturalization Service.

                                   Alan B. Mollohan.
                                   David E. Skaggs.
                                   Julian C. Dixon.