[House Report 105-405]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-405
_______________________________________________________________________
MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1998, AND FOR OTHER PURPOSES
_______
November 13, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. Rogers, from the committee on conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2267]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
2267) ``making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for the
fiscal year ending September 30, 1998, and for other
purposes'', having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $76,199,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,860,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1997: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That
the latter two aforementioned offices shall not be augmented by
personnel details, temporary transfers of personnel on either a
reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $20,000,000 to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability of
an office or facility which has beendamaged or destroyed as a
result of any domestic or international terrorist incident, (2) the
costs of providing support to counter, investigate or prosecute
domestic or international terrorism, including payment of rewards in
connection with these activities, and (3) the costs of conducting a
terrorism threat assessment of Federal agencies and their facilities:
Provided, That funds provided under this paragraph shall be available
only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate in
accordance with section 605 of this Act.
In addition, for necessary expenses, as determined by the
Attorney General, $32,700,000, to remain available until
expended, to reimburse departments and agencies of the Federal
Government for any costs incurred in connection with--
(1) counterterrorism technology research and
development;
(2) providing training and related equipment for
chemical, biological, nuclear, and cyber attack
prevention and response capabilities to State and local
law enforcement agencies; and
(3) providing bomb training and response
capabilities to State and local law enforcement
agencies.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$70,007,000.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended, $59,251,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $33,211,000; including not to exceed $10,000
to meet unforeseen emergencies of a confidential character, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and for
the acquisition, lease, maintenance, and operation of motor
vehicles, without regard to the general purchase price
limitation for the current fiscal year: Provided, That up to
one-tenth of one percent of the Department of Justice's
allocation from the Violent Crime Reduction Trust Fund grant
programs may be transferred at the discretion of the Attorney
General to this account for the audit or other review of such
grantprograms, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
Legal Activities
salaries and expenses, general legal activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia; $444,200,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain available
until expended for office automation systems for the legal
divisions covered by this appropriation, and for the United
States Attorneys, the Antitrust Division, and offices funded
through ``Salaries and Expenses'', General Administration:
Provided further, That of the total amount appropriated, not to
exceed $1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and
representation expenses.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as amended,
not to exceed $4,028,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended, $7,969,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $75,495,000: Provided, That notwithstanding any
other provision of law, not to exceed $70,000,000 of offsetting
collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during
fiscal year 1998, so as to result in a final fiscal year 1998
appropriation from the General Fund estimated at not more than
$5,495,000: Provided further, That any fees received in excess
of $70,000,000 in fiscal year 1998, shall remain available
until expended, but shall not be available for obligation until
October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative
agreements, $972,460,000; of which not to exceed $2,500,000
shall be available until September 30, 1999, for (1) training
personnel in debt collection, (2) locating debtors and their
property, (3) paying the net costs of selling property, and (4)
tracking debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of
those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That not to exceed $1,200,000 for the design,
development, and implementation of an information systems
strategy for D.C. Superior Court shall remain available until
expended: Provided further, That not to exceed $2,500,000 for
theoperation of the National Advocacy Center shall remain
available until expended: Provided further, That not to exceed
$2,000,000 shall remain available until expended for the expansion of
existing Violent Crime Task Forces in United States Attorneys Offices
into demonstration projects, including inter-governmental, inter-local,
cooperative, and task-force agreements, however denominated, and
contracts with State and local prosecutorial and law enforcement
agencies engaged in the investigation and prosecution of violent
crimes, including bank robbery and carjacking, and drug trafficking:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Office of the United States
Attorneys, not to exceed 8,948 positions and 9,113 full-time equivalent
workyears shall be supported from the funds appropriated in this Act
for the United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $62,828,000, to
remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary to
pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $114,248,000 of
offsetting collections derived from fees collected pursuant to
28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the Fund estimated at
$0: Provided further, That any such fees collected in excess of
$114,248,000 in fiscal year 1998 shall remain available until
expended but shall not be available for obligation until
October 1, 1998.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,226,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard to
the general purchase price limitation for the current fiscal
year, $467,833,000, as authorized by 28 U.S.C. 561(i); of which
not to exceed $6,000 shall be available for official reception
and representation expenses; and of which not to exceed
$4,000,000 for development, implementation, maintenance and
support, and training for an automated prisoner information
system, and not to exceed $2,200,000 to support the Justice
Prisoner and Alien Transportation System, shall remain
available until expended: Provided, That, for fiscal year 1998
and thereafter, the service of maintaining and transporting
State, local, or territorial prisoners shall be considered a
specialized or technical service for purposes of 31 U.S.C.
6505, and any prisoners so transported shall be considered
persons (transported for other than commercial purposes) whose
presence is associated with the performance of a governmental
function for purposes of 49 U.S.C. 40102.
violent crime reduction programs, united states marshals service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,553,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
federal prisoner detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized in
18 U.S.C. 4013, but not including expenses otherwise provided
for in appropriations available to the Attorney General,
$405,262,000, as authorized by 28 U.S.C. 561(i), to remain
available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel expenses,
and for per diems in lieu of subsistence, as authorized by law,
including advances, $75,000,000, to remain available until
expended; of which not to exceed $4,750,000 may be made
available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of
equipment incident thereto, for protected witness safesites; of
which not to exceed $1,000,000 may be made available for the
purchase andmaintenance of armored vehicles for transportation
of protected witnesses; and of which not to exceed $4,000,000 may be
made available for the purchase, installation and maintenance of a
secure, automated information network to store and retrieve the
identities and locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000 and, in addition, up to $2,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account: Provided,
That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community Relations
Service, the Attorney General may transfer such amounts to the
Community Relations Service, from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived from
the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $4,381,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime drug
trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, of which $50,000,000 shall remain
available until expended: Provided, That anyamounts obligated
from appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures described in section 605
of this Act.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor
vehicles, of which 2,270 will be for replacement only, without
regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition,
lease, maintenance, and operation of aircraft; and not to
exceed $70,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General, $2,750,921,000; of which not to exceed $50,000,000 for
automated data processing and telecommunications and technical
investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September
30, 1999; of which not less than $221,050,000 shall be for
counterterrorism investigations, foreign counterintelligence,
and other activities related to our national security; of which
not to exceed $98,400,000 shall remain available until
expended; of which not to exceed $10,000,000 is authorized to
be made available for making advances for expenses arising out
of contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall
be available to maintain an independent program office
dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of fingerprint
identification services: Provided, That not to exceed $45,000
shall be available for official reception and representation
expenses: Provided further, That no funds in this Act may be
used to provide ballistics imaging equipment to any State or
local authority which has obtained similar equipment through a
Federal grant or subsidy unless the State or local authority
agrees to return that equipment or to repay that grant or
subsidy to the Federal Government.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''), $179,121,000,
to remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund; of which $102,127,000
shall be for activities authorized by section 190001(c) of the
1994 Act and section 811 of the Antiterrorism Act; $57,994,000
shall be for activities authorized by section 190001(b) of the
1994 Act; $4,000,000 shall be for training and investigative
assistance authorized by section 210501 of the 1994 Act;
$9,500,000 shall be for grants to States, as authorized by
section 811(b) of the Antiterrorism Act; and $5,500,000 shall
be for establishing DNA quality-assurance and proficiency-
testing standards, establishing an index to facilitate law
enforcement exchange of DNA identification information, and
related activities authorized by section 210501 of the 1994
Act.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $44,506,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs; purchase of not to exceed 1,602
passenger motor vehicles, of which 1,410 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of aircraft;
$723,841,000, of which not to exceed $1,800,000 for research
and $15,000,000 for transfer to the Drug Diversion Control Fee
Account for operating expenses shall remain available until
expended, and of which not to exceed $4,000,000 for purchase of
evidence and payments for information, not to exceed
$10,000,000 for contracting for automated data processing and
telecommunications equipment, and not to exceed $2,000,000 for
laboratory equipment, $4,000,000 for technical equipment, and
$2,000,000 for aircraft replacement retrofit and parts, shall
remain available until September 30, 1999; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses.
violent crime reduction programs
For activities authorized by sections 180104 and 190001(b)
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended, and section 814 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), $403,537,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $8,000,000, to remain
available until expended.
Immigration and Naturalization Service
salaries and expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, including
not to exceed $50,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of,
and to be accounted for solely under the certificate of, the
Attorney General; purchase for police type use (not to exceed
2,904, of which 1,711 are for replacement only), without regard
to the general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition, lease,
maintenance and operation of aircraft; research related to
immigration enforcement; and for the care and housing of
Federal detainees held in the joint Immigration and
Naturalization Service and United States Marshals Service's
Buffalo Detention Facility; $1,657,886,000 of which not to
exceed $400,000 for research shall remain available until
expended; of which not to exceed $10,000,000 shall be available
for costs associated with the training program for basic
officer training, and $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in
cooperative activities related to immigration; and of which not
to exceed $5,000,000 is to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance,
and repatriation of smuggled illegal aliens: Provided, That
none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee
overtime pay in an amount in excessof $30,000 during the
calendar year beginning January 1, 1998: Provided further, That
uniforms may be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further, That not to
exceed $5,000 shall be available for official reception and
representation expenses: Provided further, That none of the funds
provided in this or any other Act shall be used for the continued
operation of the San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a continuous 24-
hour basis: Provided further, That not to exceed 43 permanent positions
and 43 full-time equivalent workyears and $4,167,000 shall be expended
for the Office of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis: Provided further, That beginning
seven calendar days after the enactment of this Act and for each fiscal
year thereafter, none of the funds appropriated or otherwise made
available to the Immigration and Naturalization Service may be used by
the Immigration and Naturalization Service to accept, for the purpose
of conducting criminal background checks on applications for any
benefit under the Immigration and Nationality Act, any FD-258
fingerprint card which has been prepared by or received from any
individual or entity other than an office of the Immigration and
Naturalization Service with the following exceptions--(1) State and
local law enforcement agencies and (2) United States consular offices
at United States embassies and consulates abroad under the jurisdiction
of the Department of State or United States military offices under the
jurisdiction of the Department of Defense authorized to perform
fingerprinting services to prepare FD-258 fingerprint cards for
applicants residing abroad applying for immigration benefits: Provided
further, That agencies may collect and retain a fee for fingerprinting
services: Provided further, That, during fiscal year 1998 and each
fiscal year thereafter, none of the funds appropriated or otherwise
made available to the Immigration and Naturalization Service shall be
used to complete adjudication of an application for naturalization
unless the Immigration and Naturalization Service has received
confirmation from the Federal Bureau of Investigation that a full
criminal background check has been completed, except for those exempted
by regulation as of January 1, 1997: Provided further, That the number
of positions filled through non-career appointment at the Immigration
and Naturalization Service, for which funding is provided in this Act
or is otherwise made available to the Immigration and Naturalization
Service, shall not exceed four permanent positions and four full-time
equivalent workyears after July 1, 1998: Provided further, That
notwithstanding any other provision of law, during fiscal year 1998,
the Attorney General is authorized and directed to impose disciplinary
action, including termination of employment, pursuant to policies and
procedures applicable to employees of the Federal Bureau of
Investigation, for any employee of the Immigration and Naturalization
Service who violates policies and procedures set forth by the
Department of Justice relative to the granting of citizenship or who
willfully deceives the Congress or Department Leadership on any matter.
violent crime reduction programs
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended,
and section 813 of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132), $608,206,000, to
remain available until expended, which will be derived from the
Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $75,959,000, to remain available until
expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 834, of which 599 are for
replacement only) and hire of law enforcement and passenger
motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign
governments; $2,821,642,000: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with a
fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the FPS,
furnish health services to individuals committed to the custody
of the FPS: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the
current fiscal year: Provided further, That not to exceed
$6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$90,000,000 for the activation of new facilities shall remain
available until September 30, 1999: Provided further, That of
the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980, as amended, for
the care and security in the United States of Cuban and Haitian
entrants: Provided further, That notwithstanding section 4(d)
of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may
enter into contracts and other agreements with private entities
for periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended,
$26,135,000, to remain available untilexpended, which shall be
derived from the Violent Crime Reduction Trust Fund.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by contract
or force account; and constructing, remodeling, and equipping
necessary buildings and facilities at existing penal and
correctional institutions, including all necessary expenses
incident thereto, by contract or force account; $255,133,000,
to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners
may be used for work performed under this appropriation:
Provided further, That not to exceed 10 percent of the funds
appropriated to ``Buildings and Facilities'' in this Act or any
other Act may be transferred to ``Salaries and Expenses'',
Federal Prison System, upon notification by the Attorney
General to the Committees on Appropriations of the House of
Representatives and the Senate in compliance with provisions
set forth in section 605 of this Act: Provided further, That,
of the total amount appropriated, not to exceed $2,300,000
shall be available for the renovation and construction of
United States Marshals Service prisoner-holding facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase of (not to exceed five for
replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which the said accounting system requires to
be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of Crime
Act of 1984, as amended, and sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996,
$173,600,000, to remain available until expended, as authorized
by section 1001 of title I of the Omnibus Crime Control and
Safe Streets Act, as amended by Public Law 102-534 (106 Stat.
3524); of which $25,000,000 is for the National Sexual Offender
Registry: Provided, That, of funds appropriated under this
heading, such funds are available as may be necessary to carry
out the orderly termination of the Ounce of Prevention Council.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, for State and
Local Narcotics Control and Justice Assistance Improvements,
notwithstanding the provisionsof section 511 of said Act,
$509,000,000, to remain available until expended, as authorized by
section 1001 of title I of said Act, as amended by Public Law 102-534
(106 Stat. 3524), of which $46,500,000 shall be available to carry out
the provisions of chapter A of subpart 2 of part E of title I of said
Act, for discretionary grants under the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, including $2,097,000 which
shall be available to the Executive Office of United States Attorneys
to support the National District Attorneys Association's participation
in legal education training at the National Advocacy Center.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended (``the
1994 Act''); the Omnibus Crime Control and Safe Streets Act of
1968, as amended (``the 1968 Act''); and the Victims of Child
Abuse Act of 1990, as amended (``the 1990 Act'');
$2,382,400,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $523,000,000 shall be for Local Law Enforcement Block
Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for purposes
of this Act, the Commonwealth of Puerto Rico shall be
considered a ``unit of local government'' as well as a
``State'', for the purposes set forth in paragraphs (A), (B),
(D), (F), and (I) of section 101(a)(2) of H.R. 728 and for
establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel in
order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That no funds provided
under this heading may be used as matching funds for any other
Federal grant program: Provided further, That $20,000,000 of
this amount shall be for Boys and Girls Clubs in public housing
facilities and other areas in cooperation with State and local
law enforcement: Provided further, That funds may also be used
to defray the costs of indemnification insurance for law
enforcement officers: Provided further, That for the purpose of
eligibility for the Local Law Enforcement Block Grant Program
in the State of Louisiana, parish sheriffs are to be considered
the unit of local government under section 108 of H.R. 728; of
which $45,000,000 shall be for grants to upgrade criminal
records, as authorized by section 106(b) of the Brady Handgun
Violence Prevention Act of 1993, as amended, and section 4(b)
of the National Child Protection Act of 1993; of which
$42,500,000 shall be available as authorized by section 1001 of
title I of the 1968 Act, to carry out the provisions of subpart
1, part E of title I of the 1968 Act notwithstanding section
511 of said Act, for the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs; of which $420,000,000
shall be for the State Criminal Alien Assistance Program, as
authorized by section 242(j) of the Immigration and Nationality
Act, as amended; of which $720,500,000 shall be for Violent
Offender Incarceration and Truth in Sentencing Incentive Grants
pursuant to subtitle A of title II of the 1994 Act, of which
$165,000,000 shall be available for payments to States for
incarceration of criminal aliens, of which $25,000,000 shall be
available for the Cooperative Agreement Program, and of which
$5,000,000 shall be reserved by the Attorney General for fiscal
year 1998 under section 20109(a) of subtitle A of title II of
the 1994 Act; of which $7,000,000 shall be for the Court
Appointed Special Advocate Program, as authorized by section
218 of the 1990 Act; of which $2,000,000 shall be for Child
Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act; of
which $172,000,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government, andIndian
tribal governments, as authorized by section 1001(a)(18) of the 1968
Act, including $12,000,000 which shall be used exclusively for the
purpose of strengthening civil legal assistance programs for victims of
domestic violence: Provided further, That, of these funds, $7,000,000
shall be provided to the National Institute of Justice for research and
evaluation of violence against women and $853,000 shall be provided to
the Office of the United States Attorney for the District of Columbia
for domestic violence programs in D.C. Superior Court; of which
$59,000,000 shall be for Grants to Encourage Arrest Policies to States,
units of local government, and Indian tribal governments, as authorized
by section 1001(a)(19) of the 1968 Act; of which $25,000,000 shall be
for Rural Domestic Violence and Child Abuse Enforcement Assistance
Grants, as authorized by section 40295 of the 1994 Act; of which
$2,000,000 shall be for training programs to assist probation and
parole officers who work with released sex offenders, as authorized by
section 40152(c) of the 1994 Act; of which $1,000,000 shall be for
grants for televised testimony, as authorized by section 1001(a)(7) of
the 1968 Act; of which $2,750,000 shall be for national stalker and
domestic violence reduction, as authorized by section 40603 of the 1994
Act; of which $63,000,000 shall be for grants for residential substance
abuse treatment for State prisoners, as authorized by section
1001(a)(17) of the 1968 Act; of which $12,500,000 shall be for grants
to States and units of local government for projects to improve DNA
analysis, as authorized by section 1001(a)(22) of the 1968 Act; of
which $900,000 shall be for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994 Act; of
which $750,000 shall be for Motor Vehicle Theft Prevention Programs, as
authorized by section 220002(h) of the 1994 Act; of which $30,000,000
shall be for Drug Courts, as authorized by title V of the 1994 Act; of
which $1,000,000 shall be for Law Enforcement Family Support Programs,
as authorized by section 1001(a)(21) of the 1968 Act; of which
$2,500,000 shall be for public awareness programs addressing marketing
scams aimed at senior citizens, as authorized by section 250005(3) of
the 1994 Act; and of which $250,000,000 shall be for Juvenile
Accountability Incentive Block Grants pursuant to Title III of H.R. 3
as passed by the House of Representatives on May 8, 1997: Provided
further, That notwithstanding the requirements of H.R. 3, a State, or
unit of local government within such State, shall be eligible for a
grant under this program if the Governor of the State certifies to the
Attorney General, consistent with guidelines established by the
Attorney General in consultation with Congress, that the State is
actively considering, or will consider within one year from the date of
such certification, legislation, policies, or practices which if
enacted would qualify the State for a grant under section 1802 of H.R.
3: Provided further, That 3 percent shall be available to the Attorney
General for research, evaluation, and demonstration consistent with
this program and 2 percent shall be available to the Attorney General
for training and technical assistance consistent with this program:
Provided further, That not less than 45 percent of any grant provided
to a State or unit of local government shall be spent for the purposes
set forth in paragraphs (3) through (9), and not less than 35 percent
shall be spent for the purposes set forth in paragraphs (1), (2) and
(10) of section 1801(b) of H.R. 3, unless the State or unit of local
government certifies to the Attorney General or the State, whichever is
appropriate, that the interests of public safety and juvenile crime
control would be better served by expending its grant for other
purposes set forth under section 1801(b) of H.R. 3: Provided further,
That the Federal share limitation in section 1805(e) of H.R. 3 shall be
50 percent in relation to the costs of constructing a permanent
juvenile corrections facility: Provided further, That prior to
receiving a grant under this program, a unit of local government must
establish a coordinated enforcementplan for reducing juvenile crime,
developed by a juvenile crime enforcement coalition, such coalition
consisting of individuals representing the police, sheriff, prosecutor,
State or local probation services, juvenile court, schools, business,
and religious affiliated, fraternal, non-profit, or social service
organizations involved in crime prevention: Provided further, That the
conditions of sections 1802(a)(3) and 1802(b)(1)(C) of H.R. 3 regarding
juvenile adjudication records require a State or unit of local
government to make available to the Federal Bureau of Investigation
records of delinquency adjudications which are treated in a manner
equivalent to adult records: Provided further, That no State or unit of
local government may receive a grant under this program unless such
State or unit of local government has implemented, or will implement no
later than January 1, 1999, a policy of controlled substance testing
for appropriate categories of juveniles within the juvenile justice
system and funds received under this program may be expended for such
purpose: Provided further, That the minimum allocation for each State
under section 1803(a)(1)(A) of H.R. 3 shall be 0.5 percent: Provided
further, That the terms and conditions under this heading for juvenile
accountability incentive block grants are effective for fiscal year
1998 only and upon the enactment of authorization legislation for
juvenile accountability incentive block grants, funding provided in
this Act shall from that date be subject to the provisions of that
legislation and any provisions in this Act that are inconsistent with
that legislation shall no longer have effect: Provided further, That
funds made available in fiscal year 1998 under subpart 1 of part E of
title I of the 1968 Act may be obligated for programs to assist States
in the litigation processing of death penalty Federal habeas corpus
petitions and for drug testing initiatives: Provided further, That if a
unit of local government uses any of the funds made available under
this title to increase the number of law enforcement officers, the unit
of local government will achieve a net gain in the number of law
enforcement officers who perform nonadministrative public safety
service.
weed and seed program fund
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $33,500,000,
for intergovernmental agreements, including grants, cooperative
agreements, and contracts, with State and local law enforcement
agencies engaged in the investigation and prosecution of
violent crimes and drug offenses in ``Weed and Seed''
designated communities, and for either reimbursements or
transfers to appropriation accounts of the Department of
Justice and other Federalagencies which shall be specified by
the Attorney General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language for other
Department of Justice appropriation accounts for ``Weed and Seed''
program activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed: Provided
further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ``Weed and
Seed'' program activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
Community Oriented Policing Services
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,400,000,000, to
remain available until expended, which shall be derived from
the Violent Crime Reduction Trust Fund, for Public Safety and
Community Policing Grants pursuant to title I of the 1994 Act:
Provided, That not to exceed 186 permanent positions and 186
full-time equivalent workyears and $20,553,000 shall be
expended for program management and administration: Provided
further, That of the unobligated balances available in this
program, $103,000,000 shall be used for innovative community
policing programs, of which $38,000,000 shall be used for a law
enforcement technology program, $1,000,000 shall be used for
police recruitment programs authorized under subtitle H of
title III of the 1994 Act, $34,000,000 shall be used for
policing initiatives to combat methamphetamine production and
trafficking, $12,500,000 shall be used for the Community
Policing to Combat Domestic Violence Program pursuant to
section 1701(d) of part Q of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, and $17,500,000 shall be used
for other innovative community policing programs, such as
programs to improve the safety of elementary and secondary
school children, reduce crime on or near elementary and
secondary school grounds, and enhanced policing initiatives in
drug ``hot spots''.
In addition, for programs of Police Corps education,
training and service as set forth in sections 200101-200113 of
the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), $30,000,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended, (``the Act''), including
salaries and expenses in connection therewith to be transferred
to and merged with the appropriations for Justice Assistance,
$201,672,000, to remain available until expended, as authorized
by section 299 of part I of title II and section 506 of title V
of the Act, as amended by Public Law 102-586, of which (1)
notwithstanding any other provision of law, $5,922,000 shall be
available for expenses authorized by part A of title II of the
Act, $96,500,000 shall be available for expenses authorized by
part B of title II of the Act, and $45,250,000 shall be
available for expenses authorized by part C of title II of the
Act: Provided, That $26,500,000 of the amounts provided for
part B of title II of the Act, as amended, is for the purpose
of providing additional formula grants under part B to States
that provide assurances to the Administrator that the State has
in effect (or will have in effect no later than one year after
date of application) policies and programs, that ensure that
juveniles are subject to accountability-based sanctions for
every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be available for expenses authorized by
section 281 and 282 of part D of title II of the Act for
prevention and treatment programs relating to juvenile gangs;
(3) $10,000,000 shall be available for expenses authorized by
section 285 of partE of title II of the Act; (4) $12,000,000
shall be available for expenses authorized by part G of title II of the
Act for juvenile mentoring programs; and (5) $20,000,000 shall be
available for expenses authorized by title V of the Act for incentive
grants for local delinquency prevention programs: Provided further,
That upon the enactment of reauthorization legislation for Juvenile
Justice Programs under the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended, funding provisions in this Act shall from that
date be subject to the provisions of that legislation and any
provisions in this Act that are inconsistent with that legislation
shall no longer have effect.
In addition, for grants, contracts, cooperative agreements,
and other assistance, $5,000,000 to remain available until
expended, for developing, testing, and demonstrating programs
designed to reduce drug use among juveniles.
In addition, $25,000,000 shall be available for grants of
$360,000 to each state and $6,640,000 shall be available for
discretionary grants to states, for programs and activities to
enforce state laws prohibiting the sale of alcoholic beverages
to minors or the purchase or consumption of alcoholic beverages
by minors, prevention and reduction of consumption of alcoholic
beverages by minors, and for technical assistance and training.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $7,000,000, to remain available until
expended, as authorized by section 214B of the Act.
public safety officers benefits
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums as
are necessary, as authorized by section 6093 of Public Law 100-
690 (102 Stat. 4339-4340); and $2,000,000 for the Federal Law
Enforcement Education Assistance Program, as authorized by
section 1212 of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney
General.
Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Public Law 96-132, 93 Stat. 1040 (1979)), asamended, shall
remain in effect until the termination date of this Act or until the
effective date of a Department of Justice Appropriation Authorization
Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 104. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 104
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly-advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a maximum
of $2,000,000, may not be made without the personal approval of
the President or the Attorney General and such approval may not
be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act, including those derived from the Violent
Crime Reduction Trust Fund, may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States
Code, is amended by striking ``1996'' and inserting ``1997 and
thereafter''.
Sec. 109. (a) Section 1402(d) of the Victims of Crime Act
of 1984, (42 U.S.C. 10601(d)), is amended--
(1) by striking paragraph (1); and
(2) in paragraph (2), by striking ``the next'' and
inserting ``The first''.
(b) Any unobligated sums hitherto available to the judicial
branch pursuant to the paragraph repealed by section (a) shall
be deemed to be deposits into the Crime Victims Fund as of the
effective date hereof and may be used by the Director of the
Office for Victims of Crime to improve services for the benefit
of crime victims, including the processing and tracking of
criminal monetary penalties and related litigation activities,
in the federal criminal justice system.
Sec. 110. The Immigration and Nationality Act of 1952, as
amended, is further amended--
(a) by striking entirely section 286(s);
(b) in section 286(r) by--
(1) adding ``, and amount described in
section 245(i)(3)(b)'' after ``recovered by the
Department of Justice'' in subsection (2);
(2) replacing ``Immigration and
Naturalization Service'' with ``Attorney
General'' in subsection (3); and
(3) striking subsection (4), and replacing
it with, ``The amounts required to be refunded
from the Fund for fiscal year 1998 and
thereafter shall be refunded in accordance with
estimates made in the budget request of the
President for those fiscal years. Any proposed
changes in the amounts designated in such
budget requests shall only be made after
Congressional reprogramming notification in
accordance with the reprogramming guidelines
for the applicable fiscal year.''; and
(c) in section 245(i)(3)(B), by replacing
``Immigration Detention Account established under
section 286(s)'' with ``Breached Bond/Detention Fund
established under section 286(r)''.
Sec. 111. (a) Limitation on Eligibility Under Section
245(i).--Section 245(i)(1) of the Immigration and Nationality
Act (8 U.S.C. 1255(i)(1)) is amended by striking ``(i)(1)''
through ``The Attorney General'' and inserting the following:
``(i)(1) Notwithstanding the provisions of subsections (a)
and (c) of this section, an alien physically present in the
United States--
``(A) who--
``(i) entered the United States without
inspection; or
``(ii) is within one of the classes
enumerated in subsection (c) of this section;
and
``(B) who is the beneficiary (including a spouse or
child of the principal alien, if eligible to receive a
visa under section 203(d)) of--
``(i) a petition for classification under
section 204 that was filed with the Attorney
General on or before January 14, 1998; or
``(ii) an application for a labor
certification under section 212(a)(5)(A) that
was filed pursuant to the regulations of the
Secretary of Labor on or before such date;
may apply to the Attorney General for the adjustment of his or
her status to that of an alien lawfully admitted for permanent
residence. The Attorney General''.
(b) Repeal of Sunset for Section 245(i).--Section 506(c) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1995 (Public Law 103-
317; 108 Stat. 1766) is amended to read as follows:
``(c) The amendment made by subsection (a) shall take
effect on October 1, 1994, and shall cease to have effect on
October 1, 1997. The amendment made by subsection (b) shall
take effect on October 1, 1994.''.
(c) Inapplicability of Certain Provisions of Section 245(c)
for Certain Employment-Based Immigrants.--Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended--
(1) in subsection (c)(2), by inserting ``subject to
subsection (k),'' after ``(2)''; and
(2) by adding at the end the following:
``(k) An alien who is eligible to receive an immigrant visa
under paragraph (1), (2), or (3) of section 203(b) (or, in the
case of an alien who is an immigrant described in section
101(a)(27)(C), under section 203(b)(4)) may adjust status
pursuant to subsection (a) and notwithstanding subsection
(c)(2), (c)(7), and (c)(8), if--
``(1) the alien, on the date of filing an
application for adjustment of status, is present in the
United States pursuant to a lawful admission;
``(2) the alien, subsequent to such lawful
admission has not, for an aggregate period exceeding
180 days--
``(A) failed to maintain, continuously, a
lawful status;
``(B) engaged in unauthorized employment;
or
``(C) otherwise violated the terms and
conditions of the alien's admission.''.
Sec. 112. (a) Short Title.--This section may be cited as
the ``Philippine Army, Scouts, and Guerilla Veterans of World
War II Naturalization Act of 1997''.
(b) In General.--Section 405 of the Immigration and
Nationality Act of 1990 (8 U.S.C. 1440 note) is amended--
(1) by striking subparagraph (B) of subsection
(a)(1) and inserting the following:
``(B) who--
``(i) is listed on the final roster
prepared by the Recovered Personnel
Division of the United States Army of
those who served honorably in an active
duty status within the Philippine Army
during the World War II occupation and
liberation of the Philippines,
``(ii) is listed on the final
roster prepared by the Guerilla Affairs
Division of the United States Army of
those who received recognition as
having served honorably in an active
duty status within a recognized
guerilla unit during the World War II
occupation and liberation of the
Philippines, or
``(iii) served honorably in an
active duty status within the
Philippine Scouts or within any other
component of the United States Armed
Forces in the Far East (other than a
component described in clause (i) or
(ii)) at any time during the period
beginning September 1, 1939, and ending
December 31, 1946:'';
(2) by adding at the end of subsection (a) the
following new paragraph:
``(3)(A) For purposes of the second sentence of
section 329(a) and section 329(b)(3) of the Immigration
and Nationality Act, the executive department under
which a person served shall be--
``(i) in the case of an applicant claiming
to have served in the Philippine Army, the
United States Department of the Army;
``(ii) in the case of an applicant claiming
to have served in a recognized guerilla unit,
the United States Department of the Army; or
``(iii) in the case of an applicant
claiming to have served in the Philippine
Scouts or any other component of the United
States Armed Forces in the Far East (other than
a component described in clause (i) or (ii)) at
any time during the period beginning September
1, 1939, and ending December 31, 1946, the
United States executive department (or
successor thereto) that exercised supervision
over such component.
``(B) An executive department specified in
subparagraph (A) may not make a determination under the
second sentence of section 329(a) with respect to the
service or separation from service of a person
described in paragraph (1) except pursuant to a request
from the Service.''; and
(3) by adding at the end the following new
subsection:
``(d) Implementation.--(1) Notwithstanding any other
provision of law, for purposes of the naturalization of natives
of the Philippines under this section--
``(A) the processing of applications for
naturalization, filed in accordance with the provisions
of this section, including necessary interviews, shall
be conducted in the Philippines by employees of the
Service designated pursuant to section 335(b) of the
Immigration and Nationality Act; and
``(B) oaths of allegiance for applications for
naturalization under this section shall be administered
in the Philippines by employees of the Service
designated pursuant to section 335(b) of that Act.
``(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may continue to
be processed, and oaths of allegiance may continue to be taken
in the United States.''.
(c) Repeal.--Section 113 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1440 note), is repealed.
(d) Effective Date; Termination Date.--
(1) Application to pending applications.--The
amendments made by subsection (b) shall apply to
applications filed before February 3, 1995.
(2) Termination date.--The authority provided by
the amendments made by subsection (b) shall expire
February 3, 2001.
Sec. 113. Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as
follows:
``(J) an immigrant who is present in the
United States--
``(i) who has been declared
dependent on a juvenile court located
in the United States or whom such a
court has legally committed to, or
placed under the custody of, an agency
or department of a State and who has
been deemed eligible by that court for
long-term foster care due to abuse,
neglect, or abandonment;
``(ii) for whom it has been
determined in administrative or
judicial proceedings that it would not
be in the alien's best interest to be
returned to the alien's or parent's
previous country of nationality or
country of last habitual residence; and
``(iii) in whose case the Attorney
General expressly consents to the
dependency order serving as a
precondition to the grant of special
immigrant juvenile status;
Except that--
``(I) no juvenile court has
jurisdiction to determine the
custody status or placement of
an alien in the actual or
constructive custody of the
Attorney General unless the
Attorney General specifically
consents to such jurisdiction;
and
``(II) no natural parent or
prior adoptive parent of any
alien provided special
immigrant status under this
subparagraph shall thereafter,
by virtue of such parentage, be
accorded any right, privilege,
or status under this Act; or''.
Sec. 114. Not to exceed $200,000 of funds appropriated
under section 1304 of title 31, United States Code, shall be
available for payment pursuant to the Hearing Officer's Report
in United States Court of Federal Claims No. 93-645X (June 3,
1996) (see 35 Fed. Cl. 99 (March 7, 1996)).
Sec. 115. (a) Standards for Sex Offender Registration
Programs.--
(1) In general.--Section 170101(a) of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by
striking ``with a designated State law
enforcement agency''; and
(ii) in subparagraph (B), by
striking ``with a designated State law
enforcement agency'';
(B) by striking paragraph (2) and inserting
the following:
``(2) Determination of sexually violent predator
status; waiver; alternative measures.--
``(A) In general.--A determination of
whether a person is a sexually violent predator
for purposes of this section shall be made by a
court after considering the recommendation of a
board composed of experts in the behavior and
treatment of sex offenders, victims' rights
advocates, and representatives of law
enforcement agencies.
``(B) Waiver.--The Attorney General may
waive the requirements of subparagraph (A) if
the Attorney General determines that the State
has established alternative procedures or legal
standards for designating a person as a
sexually violent predator.
``(C) Alternative measures.--The Attorney
General may also approve alternative measures
of comparable or greater effectiveness in
protecting the public from unusually dangerous
or recidivistic sexual offenders in lieu of the
specific measures set forth in this section
regarding sexually violent predators.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by
striking ``that consists of--'' and
inserting ``in a range of offenses
specified by State law which is
comparable to or which exceeds the
following range of offenses:'';
(ii) in subparagraph (B), by
striking ``that consists of'' and
inserting ``in a range of offenses
specified by State law which is
comparable to or which exceeds the
range of offenses encompassed by''; and
(D) by adding at the end the following:
``(F) The term `employed, carries on a
vocation' includes employment that is full-time
or part-time for a period of time exceeding 14
days or for an aggregate period of time
exceeding 30 days during any calendar year,
whether financially compensated, volunteered,
or for the purpose of government or educational
benefit.
``(G) The term `student' means a person who
is enrolled on a full-time or part-time basis,
in any public or private educational
institution, including any secondary school,
trade, or professional institution, or
institution of higher education.''.
(2) Requirements upon release, parole, supervised
release, or probation.--Section 170101(b) of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071(b)) is amended--
(A) in paragraph (1)--
(i) by striking the paragraph
designation and heading and inserting
the following:
``(1) Duties of responsible officials.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding
clause (i), by striking ``or in
the case of probation, the
court'' and inserting ``the
court, or another responsible
officer or official'';
(II) in clause (ii), by
striking ``give'' and all that
follows before the semicolon
and inserting ``report the
change of address as provided
by State law''; and
(III) in clause (iii), by
striking ``shall register'' and
all that follows before the
semicolon and inserting ``shall
report the change of address as
provided by State law and
comply with any registration
requirement in the new State of
residence, and inform the
person that the person must
also register in a State where
the person is employed, carries
on a vocation, or is a
student''; and
(iii) in subparagraph (B), by
striking ``or the court'' and inserting
``, the court, or another responsible
officer or official'';
(B) by striking paragraph (2) and inserting
the following:
``(2) Transfer of information to state and fbi;
participation in national sex offender registry.--
``(A) State reporting.--State procedures
shall ensure that the registration information
is promptly made available to a law enforcement
agency having jurisdiction where theperson
expects to reside and entered into the appropriate State records or
data system. State procedures shall also ensure that conviction data
and fingerprints for persons required to register are promptly
transmitted to the Federal Bureau of Investigation.
``(B) National reporting.--A State shall
participate in the national database
established under section 170102(b) in
accordance with guidelines issued by the
Attorney General, including transmission of
current address information and other
information on registrants to the extent
provided by the guidelines.'';
(C) in paragraph (3)(A)--
(i) in the matter preceding clause
(i), by striking ``on each'' and all
that follows through ``applies:'' and
inserting the following: ``State
procedures shall provide for
verification of address at least
annually.''; and
(ii) by striking clauses (i)
through (v);
(D) in paragraph (4), by striking ``section
reported'' and all that follows before the
period at the end and inserting the following:
``section shall be reported by the person in
the manner provided by State law. State
procedures shall ensure that the updated
address information is promptly made available
to a law enforcement agency having jurisdiction
where the person will reside and entered into
the appropriate State records or data system'';
(E) in paragraph (5), by striking ``shall
register'' and all that follows before the
period at the end and inserting ``and who moves
to another State, shall report the change of
address to the responsible agency in the State
the person is leaving, and shall comply with
any registration requirement in the new State
of residence. The procedures of the State the
person is leaving shall ensure that notice is
provided promptly to an agency responsible for
registration in the new State, if that State
requires registration''; and
(F) by adding at the end the following:
``(7) Registration of out-of-state offenders,
federal offenders, persons sentenced by courts martial,
and offenders crossing state borders.--As provided in
guidelines issued by the Attorney General, each State
shall include in its registration program residents who
were convicted in another State and shall ensure that
procedures are in place to accept registration
information from--
``(A) residents who were convicted in
another State, convicted of a Federal offense,
or sentenced by a court martial; and
``(B) nonresident offenders who have
crossed into another State in order to work or
attend school.''.
(3) Registration of offender crossing state
border.--Section 170101 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071) is
amended by redesignating subsections (c) through (f) as
(d) through (g), respectively, and inserting after
subsection (b) the following:
``(c) Registration of Offender Crossing State Border.--Any
person who is required under this section to register in the
State in which such person resides shall also register in any
State in which the person is employed, carries on a vocation,
or is a student.''.
(4) Release of information.--Section 170101(e)(2)
of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071(e)(2)), as redesignated by
subsection (c) of this section, isamended by striking
``The designated'' and all that follows through ``State agency'' and
inserting ``The State or any agency authorized by the State''.
(5) Immunity for good faith conduct.--Section
170101(f) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(f)), as
redesignated by subsection (c) of this section, is
amended by striking ``, and State officials'' and
inserting ``and independent contractors acting at the
direction of such agencies, and State officials''.
(6) FBI registration.--(A) Section 170102(a)(2) of
the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14072(a)(2)) is amended by striking
``and `predatory' '' and inserting the following: ``
`predatory', `employed, or carries on a vocation', and
`student' ''.
(B) Section 170102(a)(3) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
14072(a)(3)) is amended--
(i) in subparagraph (A), by inserting ``in
a range of offenses specified by State law
which is comparable to or exceeds that'' before
``described'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) participates in the national database
established under subsection (b) of this
section in conformity with guidelines issued by
the Attorney General;''; and
(iii) by amending subparagraph (C) to read
as follows:
``(C) provides for verification of address
at least annually;''.
(C) Section 170102(i) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14072(i)) in
the matter preceding paragraph (1), is amended by
inserting ``or pursuant to section 170101(b)(7)'' after
``subsection (g)''.
(7) Pam lychner sexual offender tracking and
identification act of 1996.--Section 10 of the Pam
Lychner Sexual Offender Tracking and Identification Act
of 1996 is amended by inserting at the end the
following:
``(d) Effective Date.--States shall be allowed the time
specified in subsection (b) to establish minimally sufficient
sexual offender registration programs for purposes of the
amendments made by section 2. Subsections (c) and (k) of
section 170102 of the Violent Crime Control and Law Enforcement
Act of 1994, and any requirement to issue related regulations,
shall take effect at the conclusion of the time provided under
this subsection for the establishment of minimally sufficient
sexual offender registration programs.''.
(8) Federal offenders and military personnel.--(A)
Section 4042 of title 18, United States Code, is
amended--
(i) in subsection (a)(5), by striking
``subsection (b)'' and inserting ``subsections
(b) and (c)'';
(ii) in subsection (b), by striking
paragraph (4);
(iii) by redesignating subsection (c) as
subsection (d); and
(iv) by inserting after subsection (b) the
following:
``(c) Notice of Sex Offender Release.--(1) In the case of a
person described in paragraph (4) who is released from prison
or sentenced to probation, notice shall be provided to--
``(A) the chief law enforcement officer of the
State and of the local jurisdiction in which the person
will reside; and
``(B) a State or local agency responsible for the
receipt or maintenance of sex offender registration
information in the State or local jurisdiction in which
the person will reside.
The notice requirements under this subsection do not apply in
relation to a person being protected under chapter 224.
``(2) Notice provided under paragraph (1) shall include the
information described in subsection (b)(2), the place where the
person will reside, and the information that the person shall
be subject to a registration requirement as a sex offender. For
a person who is released from the custody of the Bureau of
Prisons whose expected place of residence following release is
known to the Bureau of Prisons, notice shall be provided at
least 5 days prior to release by the Director of the Bureau of
Prisons. For a person who is sentenced to probation, notice
shall be provided promptly by the probation officer responsible
for the supervision of the person, or in a manner specified by
the Director of the Administrative Office of the United States
Courts. Notice concerning a subsequent change of residence by a
person described in paragraph (4) during any period of
probation, supervised release, or parole shall also be provided
to the agencies and officers specified in paragraph (1) by the
probation officer responsible for the supervision of the
person, or in a manner specified by the Director of the
Administrative Office of the United States Courts.
``(3) The Director of the Bureau of Prisons shall inform a
person described in paragraph (4) who is released from prison
that the person shall be subject to a registration requirement
as a sex offender in any State in which the person resides, is
employed, carries on a vocation, or is a student (as such terms
are defined for purposes of section 170101(a)(3) of the Violent
Crime Control and Law Enforcement Act of 1994), and the same
information shall be provided to a person described in
paragraph (4) who is sentenced to probation by the probation
officer responsible for supervision of the person or in a
manner specified by the Director of the Administrative Office
of the United States Courts.
``(4) A person is described in this paragraph if the person
was convicted of any of the following offenses (including such
an offense prosecuted pursuant to section 1152 or 1153):
``(A) An offense under section 1201 involving a
minor victim.
``(B) An offense under chapter 109A.
``(C) An offense under chapter 110.
``(D) An offense under chapter 117.
``(E) Any other offense designated by the Attorney
General as a sexual offense for purposes of this
subsection.
``(5) The United States and its agencies, officers, and
employees shall be immune from liability based on good faith
conduct in carrying out this subsection and subsection (b).''.
(B)(i) Section 3563(a) of title 18, United States
Code, is amended by striking the matter at the end of
paragraph (7) beginning with ``The results of a drug
test'' and all that follows through the end of such
paragraph and inserting that matter at the end of
section 3563.
(ii) The matter inserted by subparagraph (A) at the
end of section 3563 is amended--
(I) by striking ``The results of a drug
test'' and inserting the following:
``(e) Results of Drug Testing.--The results of a drug
test''; and
(II) by striking ``paragraph (4)'' each
place it appears and inserting ``subsection
(a)(5)''.
(iii) Section 3563(a) of title 18, United States
Code, is amended--
(I) so that paragraphs (6) and (7) appear
in numerical order immediately after paragraph
(5);
(II) by striking ``and'' at the end of
paragraph (6);
(III) in paragraph (7), by striking
``assessments.'' and inserting ``assessments;
and''; and
(IV) by inserting immediately after
paragraph (7) (as moved by clause (i)) the
following new paragraph:
``(8) for a person described in section 4042(c)(4),
that the person report the address where the person
will reside and any subsequent change of residence to
the probation officer responsible for supervision, and
that the person register in any State where the person
resides, is employed, carries on a vocation, or is a
student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).''.
(iv) Section 3583(d) of title 18, United States
Code, is amended by inserting after the second sentence
the following: ``The court shall order, as an explicit
condition of supervised release for a person described
in section 4042(c)(4), that the person report the
address where the person will reside and anysubsequent
change of residence to the probation officer responsible for
supervision, and that the person register in any State where the person
resides, is employed, carries on a vocation, or is a student (as such
terms are defined under section 170101(a)(3) of the Violent Crime
Control and Law Enforcement Act of 1994).''.
(v) Section 4209(a) of title 18, United States
Code, insofar as such section remains in effect with
respect to certain individuals, is amended by inserting
after the first sentence the following: ``In every
case, the Commission shall impose as a condition of
parole for a person described in section 4042(c)(4),
that the parolee report the address where the parolee
will reside and any subsequent change of residence to
the probation officer responsible for supervision, and
that the parolee register in any State where the
parolee resides, is employed, carries on a vocation, or
is a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).''.
(C)(i) The Secretary of Defense shall specify
categories of conduct punishable under the Uniform Code
of Military Justice which encompass a range of conduct
comparable to that described in section 170101(a)(3)(A)
and (B) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(3)(A) and
(B)), and such other conduct as the Secretary deems
appropriate for inclusion for purposes of this
subparagraph.
(ii) In relation to persons sentenced by a court
martial for conduct in the categories specified under
clause (i), the Secretary shall prescribe procedures
and implement a system to--
(I) provide notice concerning the release
from confinement or sentencing of such persons;
(II) inform such persons concerning
registration obligations; and
(III) track and ensure compliance with
registration requirements by such persons
during any period of parole, probation, or
other conditional release or supervision
related to the offense.
(iii) The procedures and requirements established
by the Secretary under this subparagraph shall, to the
maximum extent practicable, be consistent with those
specified for Federal offenders under the amendments
made by subparagraphs (A) and (B).
(iv) If a person within the scope of this
subparagraph is confined in a facility under the
control of the Bureau of Prisons at the time of
release, the Bureau of Prisons shall provide notice of
release and inform the person concerning registration
obligations under the procedures specified in section
4042(c) of title 18, United States Code.
(9) Protected witness registration.--Section
3521(b)(1) of title 18, United States Code, is
amended--
(A) by striking ``and'' at the end of
subparagraph (G);
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following:
``(H) protect the confidentiality of the identity
and location of persons subject to registration
requirements as convicted offenders under Federal or
State law, including prescribing alternative procedures
to those otherwise provided by Federal or State law for
registration and tracking of such persons; and''.
(b) Sense of Congress and Report Relating to Stalking
Laws.--
(1) Sense of congress.--It is the sense of Congress
that each State should have in effect a law that makes
it a crime to stalk any individual, especially
children, without requiring that such individual be
physically harmed or abducted before a stalker is
restrained or punished.
(2) Report.--The Attorney General shall include in
an annual report under section 40610 of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14039) information concerning existing or
proposed State laws and penalties for stalking crimes
against children.
(c) Effective Date.--This section shall take effect on the
date of the enactment of this Act, except that--
(1) subparagraphs (A), (B), and (C) of subsection
(a)(8) shall take effect 1 year after the date of the
enactment of this Act; and
(2) States shall have 3 years from such date of
enactment to implement amendments made by this Act
which impose new requirements under the Jacob
Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act, and the Attorney General may
grant an additional 2 years to a State that is making
good faith efforts to implement these amendments.
Sec. 116. (a) In General.--Section 610(b) of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153;
Public Law 102-395) is amended--
(1) by striking ``300'' and inserting ``3,000'';
and
(2) by striking ``five years'' and inserting
``seven years''.
(b) Effective Date.--The amendment made by subsection
(a)(2) shall be deemed to have become effective on October 6,
1992.
Sec. 117. For fiscal year 1998, the Attorney General shall
provide a magnetometer and not less than one qualified guard at
each unsecured entrance to the real property (including
offices, buildings, and related grounds and facilities) that is
leased to the United States as a place of employment for
Federal employees at 625 Silver, S.W., in Albuquerque, New
Mexico for the duration of time that Department of Justice
employees are occupants of this building, after which the
General Services Administration shall provide the same level of
security equipment and personnel at this location until the
date on which the new Albuquerque federal building is occupied.
Sec. 118. Section 203(p)(1) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new
subparagraph:
``(B)(i) The Administrator may exercise the
authority under subparagraph (A) with respect to such
surplus real and related property needed by the
transferee or grantee for--
``(I) law enforcement purposes, as
determined by the Attorney General; or
``(II) emergency management response
purposes, including fire and rescue services,
as determined by the Director of the Federal
Emergency Management Agency.
``(ii) The authority provided under this
subparagraph shall terminate on December 31, 1999.''.
Sec. 119. Section 1701(b)(2)(A) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
is amended to read as follows--
``(A) may not exceed 20 percent of the funds
available for grants pursuant to this subsection in any
fiscal year.''.
Sec. 120. Section 233(d) of the Antiterrorism and Effective
Death Penalty Act of 1996 (110 Stat. 1245) is amended by
striking ``1 year after the date of enactment of this Act'' and
inserting ``October 1, 1999''.
Sec. 121. (a) Definitions.--In this section--
(1) the terms ``criminal offense against a victim
who is a minor'', ``sexually violent offense'', and
``sexually violent predator'' have the meanings given
those terms in section 170101(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
14071(a));
(2) the term ``DNA'' means deoxyribonucleic acid;
and
(3) the term ``sex offender'' means an individual
who--
(A) has been convicted in Federal court
of--
(i) a criminal offense against a
victim who is a minor; or
(ii) a sexually violent offense; or
(B) is a sexually violent predator.
(b) Report.--From amounts made available to the Department
of Justice under this title, not later than 180 days after the
date of enactment of this Act, the Attorney General shall
submit to Congress a report, which shall include a plan for the
implementation of a requirement that, prior to the release
(including probation, parole, or any other supervised release)
of any sex offender from Federal custody following a conviction
for a criminal offense against a victim who is a minor or a
sexually violent offense, the sex offender shall provide a DNA
sample to the appropriate law enforcement agency for inclusion
in a national law enforcement DNA database.
(c) Plan Requirements.--The plan submitted under subsection
(b) shall include recommendations concerning--
(1) a system for--
(A) the collection of DNA samples from any
sex offender;
(B) the analysis of the collected samples
for DNA and other genetic typing analysis; and
(C) making the DNA and other genetic typing
information available for law enforcement
purposes only;
(2) guidelines for coordination with existing
Federal and State DNA and genetic typing information
databases and for Federal cooperation with State and
local law in sharing this information;
(3) addressing constitutional, privacy, and related
concerns in connection with the mandatory submission of
DNA samples; and
(4) procedures and penalties for the prevention of
improper disclosure or dissemination of DNA or other
genetic typing information.
Sec. 122. (a) Notwithstanding any other provision of law
relating to position classification or employee pay or
performance, during the 3-year period beginning on the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation may, with the approval of the Attorney General,
establish a personnel management system providing for the
compensation and performance management of not more than 3,000
non-Special Agent employees to fill critical scientific,
technical, engineering, intelligence analyst, language
translator, and medical positions in the Federal Bureau of
Investigation.
(b) Except as otherwise provided by law, no employee
compensated under any system established under this section may
be paid at a rate in excess of the rate payable for a position
at level III of the Executive Schedule.
(c) Total payments to employees under any system
established under this section shall be subject to the
limitation on payments to employees set forth in section 5307
of title 5, United States Code.
(d) Not later than 90 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation
shall submit to the Committees on Appropriations and the
Committees on the Judiciary of the House of Representatives and
the Senate, the Committee on Government Reform and Oversight of
the House of Representatives, and the Committee on Governmental
Affairs of the Senate, an operating plan describing the
Director's intended use of the authority under this section,
and identifying any provisions of title 5, United States Code,
being waived for purposes of any personnel management system to
be established by the Director under this section.
(e) Any performance management system established under
this section shall have not less than 2 levels of performance
above a retention standard.
(f) Not later than March 31, 2000, the Director of the
Federal Bureau of Investigation shall submit to Congress an
evaluation of the performance management system established
under this section, which shall include--
(1) a comparison of--
(A) the compensation, benefits, and
performance management provisions governing
personnel of similar employment
classificationseries in other departments and agencies of the Federal
Government; and
(B) the costs, consistent with standards
prescribed in Office of Management and Budget
Circular A-76, of contracting for any services
provided through those departments and
agencies; and
(2) if appropriate, a recommendation for
legislation to extend the authority under this section.
(g) Notwithstanding any other provision of law, the
Secretary of the Treasury shall have the same authority
provided to the Office of Personnel Management under section
4703 of title 5, United States Code, to establish, in the
discretion of the Secretary, demonstration projects for a
period of 3 years, for not to exceed a combined total of 950
employees, to fill critical scientific, technical, engineering,
intelligence analyst, language translator, and medical
positions in the Bureau of Alcohol, Tobacco and Firearms, the
United States Customs Service, and the United States Secret
Service.
(h) The authority under this section shall terminate 3
years after the date of enactment of this Act.
Sec. 123. (a) In General.--Section 3626 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B)(i), by striking
``permits'' and inserting ``requires''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by
striking ``no prisoner release order
shall be entered unless'' and inserting
``no court shall enter a prisoner
release order unless''; and
(ii) in subparagraph (F)--
(I) by inserting
``including a legislator''
after ``local official''; and
(II) by striking
``program'' and inserting
``prison'';
(2) in subsection (b)(3), by striking ``current or
ongoing'' and inserting ``current and ongoing'';
(3) in subsection (e)--
(A) in paragraph (1), by adding at the end
the following: ``Mandamus shall lie to remedy
any failure to issue a prompt ruling on such a
motion.'';
(B) in paragraph (2), by striking ``Any
prospective relief subject to a pending motion
shall be automatically stayed'' and inserting
``Any motion to modify or terminate prospective
relief made under subsection (b) shall operate
as a stay''; and
(C) by adding at the end the following:
``(3) Postponement of automatic stay.--The court
may postpone the effective date of an automatic stay
specified in subsection (e)(2)(A) for not more than 60
days for good cause. No postponement shall be
permissible because of general congestion of the
court's calendar.
``(4) Order blocking the automatic stay.--Any order
staying, suspending, delaying, or barring the operation
of the automatic stay described in paragraph (2) (other
than an order to postpone the effective date of the
automatic stay under paragraph (3)) shall be treated as
an order refusing to dissolve or modify an injunction
and shall be appealable pursuant to section 1292(a)(1)
of title 28, United States Code, regardless of how the
order is styled or whether the order is termed a
preliminary or a final ruling.''.
(b) Effective Date.--The amendments made by this Act shall
take effect upon the date of the enactment of this Act and
shall apply to pending cases.
Sec. 124. Section 524(c)(8)(B) of title 28, United States
Code, is amended by deleting ``1996, and 1997,'' and inserting
``and 1996,'' in place thereof.
Sec. 125. Section 217(f) of the Immigration and Nationality
Act (8 U.S.C. 1187(f)) is amended to read as follows:
``(f) Definition of Pilot Program Period.--For purposes of
this section, the term `pilot program period' means the period
beginning on October 1, 1988, and ending on April 30, 1998.''.
Sec. 126. Section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236), is amended in subsection (g) by striking ``December 31,
1997'' and inserting ``May 1, 1998''.
This title may be cited as the ``Department of Justice
Appropriations Act, 1998''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $23,450,000, of which $2,500,000
shall remain available until expended:Provided, That not to
exceed $98,000 shall be available for official reception and
representation expenses: Provided further, That the total number of
political appointees on board as of May 1, 1998, shall not exceed 25
positions.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$41,200,000 to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and engaging
in trade promotional activities abroad, including expenses of
grants and cooperative agreements for the purpose of promoting
exports of United States firms, without regard to 44 U.S.C.
3702 and 3703; full medical coverage for dependent members of
immediate families of employees stationed overseas and
employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 1517; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
ten years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtain insurance on official motor
vehicles; and rent tie lines and teletype equipment;
$283,066,000, to remain available until expended: Provided,
That of the $287,866,000 provided for in direct obligations (of
which $283,066,000 is appropriated from the General Fund, and
$4,800,000 is derived from unobligated balances and
deobligations from prior years), $58,986,000 shall be for Trade
Development, $17,340,000 shall be for Market Access and
Compliance, $28,770,000 shall be for the Import Administration,
$171,070,000 shall be for the United States and Foreign
Commercial Service, and $11,700,000 shall be for Executive
Direction and Administration: Provided further, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and2458(c)) shall apply in
carrying out these activities without regard to section 5412 of the
Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and
that for the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act shall include payment
for assessments for services provided as part of these activities.
Export Administration
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; rental of
space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C.
2672 when such claims arise in foreign countries; not to exceed
$15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act
of 1979, and as authorized by 22 U.S.C. 401(b); purchase of
passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation
otherwise established by law; $43,900,000 to remain available
until expended, of which $1,900,000 shall be for inspections
and other activities related to national security: Provided,
That the provisions of the first sentence of section 105(f) and
all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That
payments and contributions collected and accepted for materials
or services provided as part of such activities may be retained
for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the
Department of Commerce and other export control programs of the
United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, Public Law 91-304, and such laws that were in effect
immediately before September 30, 1982, and for trade adjustment
assistance, $340,000,000: Provided, That none of the funds
appropriated or otherwise made available under this heading may
be used directly or indirectly for attorneys' or consultants'
fees in connection with securing grants and contracts made by
the Economic Development Administration: Provided further,
That, notwithstanding any other provision of law, the Secretary
of Commerce may provide financial assistance for projects to be
located on military installations closed or scheduled for
closure or realignment to grantees eligible for assistance
under the Public Works and Economic Development Act of 1965, as
amended, without it being required that the grantee have title
or ability to obtain a lease for the property, for the useful
life of the project, when in the opinion of the Secretary of
Commerce, such financial assistance is necessary for the
economic development of the area: Provided further, That the
Secretary of Commerce may, as the Secretary considers
appropriate, consult with the Secretary of Defense regarding
the title to land on military installations closed or scheduled
for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$21,028,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, as amended, titleII of the Trade Act of
1974, as amended, and the Community Emergency Drought Relief Act of
1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $25,000,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $47,499,000, to remain available until September 30,
1999.
economics and statistics administration
revolving fund
The Secretary of Commerce is authorized to disseminate
economic and statistical data products as authorized by
sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-1527)
and, notwithstanding section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees
necessary to recover the full costs incurred in their
production. Notwithstanding 31 U.S.C. 3302, receipts received
from these data dissemination activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriation.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $137,278,000.
periodic censuses and programs
For expenses necessary to conduct the decennial census,
$389,887,000, to remain available until expended: Provided,
That of this amount, $4,000,000 shall be transferred to the
Census Monitoring Board for necessary expenses as authorized by
section 210 of this Act.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$165,926,000, to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $16,550,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 1535(d), the Secretary
of Commerce shall charge Federal agencies for costs incurred in
spectrum management,analysis, and operations, and related
services and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available
until expended: Provided further, That hereafter, notwithstanding any
other provision of law, NTIA shall not authorize spectrum use or
provide any spectrum functions pursuant to the NTIA Organization Act,
47 U.S.C. Sec. Sec. 902-903, to any Federal entity without
reimbursement as required by NTIA for such spectrum management costs,
and Federal entities withholding payment of such cost shall not use
spectrum: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agencies
for all costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences of
the NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government agencies shall
remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $21,000,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $1,500,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That notwithstanding the provisions of
section 391 of the Act, the prior year unobligated balances may
be made available for grants for projects for which
applications have been submitted and approved during any fiscal
year: Provided further, That, notwithstanding any other
provision of law, the Pan-Pacific Education and Communication
Experiments by Satellite (PEACESAT) Program is eligible to
compete for Public Telecommunications Facilities, Planning and
Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $20,000,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,000,000 shall be available for
program administration and other support activities as
authorized by section 391: Provided further, That of the funds
appropriated herein, not to exceed 5 percent may be available
for telecommunications research activities for projects related
directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the
requirements of section 392(a) and 392(c) of the Act, these
funds may be used for the planning and construction of
telecommunications networks for the provision of educational,
cultural,health care, public information, public safety, or
other social services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office
provided for by law, including defense of suits instituted
against the Commissioner of Patents and Trademarks,
$691,000,000, to remain available until expended: Provided,
That of this amount, $664,000,000 shall be derived from
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 and shall be retained and
used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the General Fund
shall be reduced as such offsetting collections are received
during fiscal year 1998, so as to result in a final fiscal year
1998 appropriation from the General Fund estimated at $0:
Provided further, That during fiscal year 1998, should the
total amount of offsetting fee collections be less than
$664,000,000, the total amounts available to the Patent and
Trademark Office shall be reduced accordingly: Provided
further, That any fees received in excess of $664,000,000 in
fiscal year 1998 shall remain available until expended, but
shall not be available for obligation until October 1, 1998:
Provided further, That the remaining $27,000,000 shall be
derived from deposits in the Patent and Trademark Office Fee
Surcharge Fund as authorized by law and shall remain available
until expended.
Science and Technology
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $8,500,000, of which
not to exceed $1,600,000 shall remain available until September
30, 1999.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $276,852,000, to remain available
until expended, of which not to exceed $3,800,000 shall be used
to fund a cooperative agreement with Texas Tech University for
wind research; and of which not to exceed $5,000,000 of the
amount above $268,000,000 shall be used to fund a cooperative
agreement with Montana State University for a research program
on green buildings; and of which not to exceed $1,625,000 may
be transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $113,500,000, to remain available until expended,
of which not to exceed $300,000 may be transferred to the
``Working Capital Fund'': Provided, That notwithstanding the
time limitations imposed by 15 U.S.C. 278k(c) (1) and (5) on
the duration of Federal financial assistance that may be
awarded by the Secretary of Commerce to Regional Centers for
the transfer of Manufacturing Technology (``Centers''), such
Federal financial assistance for a Center may continue beyond
six years and may be renewed for additional periods, not to
exceed one year, at a rate not to exceed one-third of the
Center's total annual costs, subject before any such renewal to
a positive evaluation of the Center and to a finding by the
Secretary of Commerce that continuation of Federal funding to
the Center is in the best interest of the Regional Centers for
the transfer of Manufacturing Technology Program: Provided
further, That the Center's most recent performance evaluation
is positive, and the Center has submitted a reapplication which
has successfully passed merit review.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $192,500,000, to remain available until expended,
of which not to exceed $82,000,000 shall be available for the
award of new grants, and of which not to exceed $500,000 may be
transferred to the ``Working Capital Fund''.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation of
existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $95,000,000, to remain available until
expended: Provided, That of the amounts provided under this
heading, $78,308,000 shall be available for obligation and
expenditure only after submission of a plan for the expenditure
of these funds, in accordance with section 605 of this Act.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; not to exceed 283
commissioned officers on the active list as of September 30,
1998; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; andrelocation of facilities
as authorized by 33 U.S.C. 883i; $1,512,050,000, to remain available
until expended: Provided, That, notwithstanding 31 U.S.C. 3302 but
consistent with other existing law, fees shall be assessed, collected,
and credited to this appropriation as offsetting collections to be
available until expended, to recover the costs of administering
aeronautical charting programs: Provided further, That the sum herein
appropriated from the General Fund shall be reduced as such additional
fees are received during fiscal year 1998, so as to result in a final
General Fund appropriation estimated at not more than $1,509,050,000:
Provided further, That any such additional fees received in excess of
$3,000,000 in fiscal year 1998 shall not be available for obligation
until October 1, 1998: Provided further, That fees and donations
received by the National Ocean Service for the management of the
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $62,381,000 shall be
derived by transfer from the fund entitled ``Promote and Develop
Fishery Products and Research Pertaining to American Fisheries'':
Provided further, That grants to States pursuant to sections 306 and
306A of the Coastal Zone Management Act of 1972, as amended, shall not
exceed $2,000,000: Provided further, That unexpended balances in the
accounts ``Construction'' and ``Fleet Modernization, Shipbuilding and
Conversion'' shall be transferred to and merged with thisaccount, to
remain available until expended for the purposes for which the funds
were originally appropriated.
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $491,609,000,
to remain available until expended: Provided, That not to
exceed $116,910,000 is available for the advanced weather
interactive processing system, and may be available for
obligation and expenditure only pursuant to a certification by
the Secretary of Commerce that the total cost to complete the
acquisition and deployment of the advanced weather interactive
processing system and NOAA Port system, including program
management, operations and maintenance costs through deployment
will not exceed $188,700,000: Provided further, That unexpended
balances of amounts previously made available in the
``Operations, Research, and Facilities'' account and the
``Construction'' account for activities funded under this
heading may be transferred to and merged with this account, to
remain available until expended for the purposes for which the
funds were originally appropriated.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$7,800,000, for purposes set forth in sections 308(b)(2)(A),
308(b)(2)(B)(v), and 315(e) of such Act.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $953,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96-339), the Magnuson-Stevens Fishery Conservation and
Management Act of 1976, as amended (Public Law 100-627), and
the American Fisheries Promotion Act (Public Law 96-561), to be
derived from the fees imposed under the foreign fishery
observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by
the Merchant Marine Act of 1936, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That none of the funds made available
under this heading may be used for direct loans for any new
fishing vessel that will increase the harvesting capacity in
any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of
the Department of Commerce provided for by law, including not
to exceed $3,000 for official entertainment, $27,490,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App. 1-11 as amended by Public Law
100-504), $20,140,000.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(rescission)
Of the unobligated balances available under this heading,
$20,500,000 are rescinded.
United States Travel and Tourism Administration
salaries and expenses
(rescission)
Of the unobligated balances available under this heading,
$3,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may
be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States Air
Force or the United States Air Force Reserve.
Sec. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Department
of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay
for any expenses paid before October 1, 1992, as authorized by
section 8501 of title 5, United States Code, for services
performed after April 20, 1990, by individuals appointed to
temporary positions within the Bureau of the Census for
purposes relating to the 1990 decennial census of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or anyportion thereof,
the Secretary of Commerce, no later than 90 days thereafter, shall
submit to the Committees on Appropriations of the House and the Senate
a plan for transferring funds provided in this Act to the appropriate
successor organizations: Provided, That the plan shall include a
proposal for transferring or rescinding funds appropriated herein for
agencies or programs terminated under such legislation: Provided
further, That such plan shall be transmitted in accordance with section
605 of this Act.
(b) The Secretary of Commerce or the appropriate head of
any successor organization(s) may use any available funds to
carry out legislation dismantling or reorganizing the
Department of Commerce, or any portion thereof, to cover the
costs of actions relating to the abolishment, reorganization,
or transfer of functions and any related personnel action,
including voluntary separation incentives if authorized by such
legislation: Provided, That the authority to transfer funds
between appropriations accounts that may be necessary to carry
out this section is provided in addition to authorities
included under section 205 of this Act: Provided further, That
use of funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 207. Any costs incurred by a Department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title or
from actions taken for the care and protection of loan
collateral or grant property shall be absorbed within the total
budgetary resources available to such Department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 541
et seq.).
Sec. 209. (a) Congress finds that--
(1) it is the constitutional duty of the Congress
to ensure that the decennial enumeration of the
population is conducted in a manner consistent with the
Constitution and laws of the United States;
(2) the sole constitutional purpose of the
decennial enumeration of the population is the
apportionment of Representatives in Congress among the
several States;
(3) section 2 of the 14th article of amendment to
the Constitution clearly states that Representatives
are to be ``apportioned among the several States
according to their respective numbers, counting the
whole number of persons in each State'';
(4) article I, section 2, clause 3 of the
Constitution clearly requires an ``actual Enumeration''
of the population, and section 195 of title 13, United
States Code, clearly provides ``Except for the
determination of population for purposes of
apportionment of Representatives in Congress among the
several States, the Secretary shall, if he considers it
feasible, authorize the use of the statistical method
known as `sampling' in carrying out the provisions of
this title.'';
(5) the decennial enumeration of the population is
one of the most critical constitutional functions our
Federal Government performs;
(6) it is essential that the decennial enumeration
of the population be as accurate as possible,
consistent with the Constitution and laws of the United
States;
(7) the use of statistical sampling or statistical
adjustment in conjunction with an actual enumeration to
carry out the census with respect to any segment of the
population poses the risk of an inaccurate, invalid,
and unconstitutional census;
(8) the decennial enumeration of the population is
a complex and vast undertaking, and if such enumeration
is conducted in a manner that does not comply with the
requirements of the Constitution or laws of the United
States, it would be impracticable for the States to
obtain, and the courts of the United States to provide,
meaningful relief after such enumeration has been
conducted; and
(9) Congress is committed to providing the level of
funding that is required to perform the entire range of
constitutional census activities, with a particular
emphasis on accurately enumerating all individuals who
have historically been undercounted, and toward this
end, Congress expects--
(A) aggressive and innovative promotion and
outreach campaigns in hard-to-count
communities;
(B) the hiring of enumerators from within
those communities;
(C) continued cooperation with local
government on address list development; and
(D) maximized census employment
opportunities for individuals seeking to make
the transition from welfare to work.
(b) Any person aggrieved by the use of any statistical
method in violation of the Constitution or any provision of law
(other than this Act), in connection with the 2000 or any later
decennial census, to determine the populationfor purposes of
the apportionment or redistricting of members in Congress, may in a
civil action obtain declaratory, injunctive, and any other appropriate
relief against the use of such method.
(c) For purposes of this section--
(1) the use of any statistical method as part of a
dress rehearsal or other simulation of a census in
preparation for the use of such method, in a decennial
census, to determine the population for purposes of the
apportionment or redistricting of members in Congress
shall be considered the use of such method in
connection with that census; and
(2) the report ordered by title VIII of Public Law
105-18 and the Census 2000 Operational Plan shall be
deemed to constitute final agency action regarding the
use of statistical methods in the 2000 decennial
census, thus making the question of their use in such
census sufficiently concrete and final to now be
reviewable in a judicial proceeding.
(d) For purposes of this section, an aggrieved person
(described in subsection (b)) includes--
(1) any resident of a State whose congressional
representation or district could be changed as a result
of the use of a statistical method challenged in the
civil action;
(2) any Representative or Senator in Congress; and
(3) either House of Congress.
(e)(1) Any action brought under this section shall be heard
and determined by a district court of three judges in
accordance with section 2284 of title 28, United States Code.
The chief judge of the United States court of appeals for each
circuit shall, to the extent practicable and consistent with
the avoidance of unnecessary delay, consolidate, for all
purposes, in one district court within that circuit, all
actions pending in that circuit under this section. Any party
to an action under this section shall be precluded from seeking
any consolidation of that action other than is provided in this
paragraph. In selecting the district court in which to
consolidate such actions, the chief judge shall consider the
convenience of the parties and witnesses and efficient conduct
of such actions. Any final order or injunction of a United
States district court that is issued pursuant to an action
brought under this section shall be reviewable by appeal
directly to the Supreme Court of the United States. Any such
appeal shall be taken by a notice of appeal filed within 10
days after such order is entered; and the jurisdictional
statement shall be filed within 30 days after such order is
entered. No stay of an order issued pursuant to an action
broughtunder this section may be issued by a single Justice of
the Supreme Court.
(2) It shall be the duty of a United States district court
hearing an action brought under this section and the Supreme
Court of the United States to advance on the docket and to
expedite to the greatest possible extent the disposition of any
such matter.
(f) Any agency or entity within the executive branch having
authority with respect to the carrying out of a decennial
census may in a civil action obtain a declaratory judgment
respecting whether or not the use of a statistical method, in
connection with such census, to determine the population for
the purposes of the apportionment or redistricting of members
in Congress is forbidden by the Constitution and laws of the
United States.
(g) The Speaker of the House of Representatives or the
Speaker's designee or designees may commence or join in a civil
action, for and on behalf of the House of Representatives,
under any applicable law, to prevent the use of any statistical
method, in connection with the decennial census, to determine
the population for purposes of the apportionment or
redistricting of members in Congress. It shall be the duty of
the Office of the General Counsel of the House of
Representatives to represent the House in such civil action,
according to the directions of the Speaker. The Office of the
General Counsel of the House of Representatives may employ the
services of outside counsel and other experts for this purpose.
(h) For purposes of this section and section 210--
(1) the term ``statistical method'' means an
activity related to the design, planning, testing, or
implementation of the use of representative sampling,
or any other statistical procedure, including
statistical adjustment, to add or subtract counts to or
from the enumeration of the population as a result of
statistical inference; and
(2) the term ``census'' or ``decennial census''
means a decennial enumeration of the population.
(i) Nothing in this Act shall be construed to authorize the
use of any statistical method, in connection with a decennial
census, for the apportionment or redistricting of members in
Congress.
(j) Sufficient funds appropriated under this Act or under
any other Act for purposes of the 2000 decennial census shall
be used by the Bureau of the Census to plan, test, and become
prepared to implement a 2000 decennial census, without using
statistical methods, which shall result in the percentage of
the total population actually enumerated being as close to 100
percent as possible. In both the 2000 decennial census, and any
dress rehearsal orother simulation made in preparation for the
2000 decennial census, the number of persons enumerated without using
statistical methods must be publicly available for all levels of census
geography which are being released by the Bureau of the Census for (1)
all data releases before January 1, 2001, (2) the data contained in the
2000 decennial census Public Law 94-171 data file released for use in
redistricting, (3) the Summary Tabulation File One (STF-1) for the 2000
decennial census, and (4) the official populations of the States
transmitted from the Secretary of Commerce through the President to the
Clerk of the House used to reapportion the districts of the House among
the States as a result of the 2000 decennial census. Simultaneously
with any other release or reporting of any of the information described
in the preceding sentence through other means, such information shall
be made available to the public on the Internet. These files of the
Bureau of the Census shall be available concurrently to the release of
the original files to the same recipients, on identical media, and at a
comparable price. They shall contain the number of persons enumerated
without using statistical methods and any additions or subtractions
thereto. These files shall be based on data gathered and generated by
the Bureau of the Census in its official capacity.
(k) This section shall apply in fiscal year 1998 and
succeeding fiscal years.
Sec. 210. (a) There shall be established a board to be
known as the Census Monitoring Board (hereinafter in this
section referred to as the ``Board'').
(b) The function of the Board shall be to observe and
monitor all aspects of the preparation and implementation of
the 2000 decennial census (including all dress rehearsals and
other simulations of a census in preparation therefor).
(c)(1) The Board shall be composed of 8 members as follows:
(A) 2 individuals appointed by the majority leader
of the Senate.
(B) 2 individuals appointed by the Speaker of the
House of Representatives.
(C) 4 individuals appointed by the President, of
whom--
(i) 1 shall be on the recommendation of the
minority leader of the Senate; and
(ii) 1 shall be on the recommendation of
the minority leader of the House of
Representatives.
All members of the Board shall be appointed within 60 days
after the date of enactment of this Act. A vacancy in the Board
shall be filled in the manner in which the original appointment
was made.
(2) Members shall not be entitled to any pay by reason of
their service on the Board, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(3) The Board shall have--
(A) a co-chairman who shall be appointed jointly by
the members under subsection (c)(1)(A) and (B), and
(B) a co-chairman who shall be appointed jointly by
the members under subsection (c)(1)(C).
(4) The Board shall meet at the call of either co-chairman.
(5) A quorum shall consist of 5 members of the Board.
(6) The Board may promulgate any regulations necessary to
carry out its duties.
(d)(1) The Board shall have--
(A) an executive director who shall be appointed
jointly by the members under subsection (c)(1)(A) and
(B), and
(B) an executive director who shall be appointed
jointly by the members under subsection (c)(1)(C),
each of whom shall be paid at a rate not to exceed level IV of
the Executive Schedule.
(2) Subject to such rules as the Board may prescribe, each
executive director--
(A) may appoint and fix the pay of such additional
personnel as that executive director considers
appropriate; and
(B) may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code,
but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of pay payable
for grade GS-15 of the General Schedule.
Such rules shall include provisions to ensure an equitable
division or sharing of resources, as appropriate, between the
respective staff of the Board.
(3) The staff of the Board shall be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates).
(4) The Administrator of the General Services
Administration, in coordination with the Secretary of Commerce,
shall locate suitable office space for the operation of the
Board in the W. Edwards Deming Building in Suitland, Maryland.
The facilities shall serve as the headquarters of the Board and
shall include all necessary equipment and incidentals required
for the proper functioning of the Board.
(e)(1) For the purpose of carrying out its duties, the
Board may hold such hearings (at the call of either co-
chairman) and undertake such other activities as the Board
determines to be necessary to carry out its duties.
(2) The Board may authorize any member of the Board or of
its staff to take any action which the Board is authorized to
take by this subsection.
(3)(A) Each co-chairman of the Board and any members of the
staff who may be designated by the Board under this paragraph
shall be granted access to any data, files, information, or
other matters maintained by the Bureau of the Census (or
received by it in the course of conducting a decennial census
of population) which they may request, subject to such
regulations as the Board may prescribe in consultation with the
Secretary of Commerce.
(B) The Board or the co-chairmen acting jointly may secure
directly from any other Federal agency, including theWhite
House, all information that the Board considers necessary to enable the
Board to carry out its duties. Upon request of the Board or both co-
chairmen, the head of that agency (or other person duly designated for
purposes of this paragraph) shall furnish that information to the
Board.
(4) The Board shall prescribe regulations under which any
member of the Board or of its staff, and any person whose
services are procured under subsection (d)(2)(B), who gains
access to any information or other matter pursuant to this
subsection shall, to the extent that any provisions of section
9 or 214 of title 13, United States Code, would apply with
respect to such matter in the case of an employee of the
Department of Commerce, be subject to such provisions.
(5) Upon the request of the Board, the head of any Federal
agency is authorized to detail, without reimbursement, any of
the personnel of such agency to the Board to assist the Board
in carrying out its duties. Any such detail shall not interrupt
or otherwise affect the civil service status or privileges of
the Federal employee.
(6) Upon the request of the Board, the head of a Federal
agency shall provide such technical assistance to the Board as
the Board determines to be necessary to carry out its duties.
(7) The Board may use the United States mails in the same
manner and under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United
States Code.
(8) Upon request of the Board, the Administrator of General
Services shall provide to the Board on a reimbursable basis
such administrative support services as the Board may request.
(9) For purposes of costs relating to printing and binding,
including the cost of personnel detailed from the Government
Printing Office, the Board shall be deemed to be a committee of
the Congress.
(f)(1) The Board shall transmit to the Congress--
(A) interim reports, with the first such report due
by April 1, 1998;
(B) additional reports, the first of which shall be
due by February 1, 1999, the second of which shall be
due by April 1, 1999, and subsequent reports at least
semiannually thereafter;
(C) a final report which shall be due by September
1, 2001; and
(D) any other reports which the Board considers
appropriate.
The final report shall contain a detailed statement of the
findings and conclusions of the Board with respect to the
matters described in subsection (b).
(2) In addition to any matter otherwise required under this
subsection, each such report shall address, with respect to the
period covered by such report--
(A) the degree to which efforts of the Bureau of
the Census to prepare to conduct the 2000 census--
(i) shall achieve maximum possible accuracy
at every level of geography;
(ii) shall be taken by means of an
enumeration process designed to count every
individual possible; and
(iii) shall be free from political bias and
arbitrary decisions; and
(B) efforts by the Bureau of the Census intended to
contribute to enumeration improvement, specifically, in
connection with--
(i) computer modernization and the
appropriate use of automation;
(ii) address list development;
(iii) outreach and promotion efforts at all
levels designed to maximize response rates,
especially among groups that have
historicallybeen undercounted (including measures undertaken in
conjunction with local government and community and other groups);
(iv) establishment and operation of field
offices; and
(v) efforts relating to the recruitment,
hiring, and training of enumerators.
(3) Any data or other information obtained by the Board
under this section shall be made available to any committee or
subcommittee of Congress of appropriate jurisdiction upon
request of the chairman or ranking minority member of such
committee or subcommittee. No such committee or subcommittee,
or member thereof, shall disclose any information obtained
under this paragraph which is submitted to it on a confidential
basis unless the full committee determines that the withholding
of that information is contrary to the national interest.
(4) The Board shall study and submit to Congress, as part
of its first report under paragraph (1)(A), its findings and
recommendations as to the feasibility and desirability of using
postal personnel or private contractors to help carry out the
decennial census.
(g) There is authorized to be appropriated $4,000,000 for
each of fiscal years 1998 through 2001 to carry out this
section.
(h) To the extent practicable, members of the Board shall
work to promote the most accurate and complete census possible
by using their positions to publicize the need for full and
timely responses to census questionnaires.
(i)(1) No individual described in paragraph (2) shall be
eligible--
(A) to be appointed or to continue serving as a
member of the Board or as a member of the staff
thereof; or
(B) to enter into any contract with the Board.
(2) This subsection applies with respect to any individual
who is serving or who has ever served--
(A) as the Director of the Census; or
(B) with any committee or subcommittee of either
House of Congress, having jurisdiction over any aspect
of the decennial census, as--
(i) a Member of Congress; or
(ii) a congressional employee.
(j) The Board shall cease to exist on September 30, 2001.
(k) Section 9(a) of title 13, United States Code, is
amended in the matter before paragraph (1) thereof by striking
``of this title--'' and inserting ``of this title or section
210 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1998--''.
Sec. 211. (a) Section 401 of title 22, United States Code,
is amended--
(1) in subsection (a), by adding after the first
sentence the following: ``The Secretary of Commerce may
seize and detain any commodity (other than arms or
munitions of war) or technology which is intended to be
or is being exported in violation of laws governing
such exports and may seize and detain any vessel,
vehicle, or aircraft containing the same or which has
been used or is being used in exporting or attempting
to export such articles.''; and
(2) in subsection (b), by adding the following
after ``and not inconsistent with the provisions
hereof.''--
``However, with respect to seizures and forfeitures
of property under this section by the Secretary of
Commerce, such duties as are imposed upon the customs
officer or any other person with respect to the seizure
and forfeiture of property under the customs law may be
performed by such officers as are designated by the
Secretary of Commerce or, upon the request of the
Secretary of Commerce, by any other agency that has
authority to manage and dispose of seized property.''
(b) Section 524(c)(11)(B) of title 28, United States Code,
is amended by adding at the end thereof ``or pursuant to the
authority of the Secretary of Commerce''.
Sec. 212. Notwithstanding any other provision of law, the
Economic Development Administration is directed to transfer
funds obligated and awarded to the Butte-Silver Bow
Consolidated Local Government as Project Number 05-01-02822 to
the Butte Local Development Corporation Revolving Loan Fund to
be administered by the Butte Local Development Corporation,
such funds to remain available until expended. And, in
accordance with section 1557 of title 31, United States Code,
funds obligated and awarded in fiscal year 1994 under the
heading ``Economic Development Administration-Economic
Development Assistance Programs'' for Metropolitan Dade County,
Florida, and subsequently transferred to Miami-Dade Community
College for Project No. 04-49-04021 shall be exempt from
subchapter IV of chapter 15 of such title and shall remain
available for expenditure without fiscal year limitation.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 1998''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve; $29,245,000.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b),
$3,400,000, of which $485,000 shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $15,575,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as
authorized by 5 U.S.C. 3109, and necessary expenses of the
court, as authorized by law, $11,449,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,682,400,000 (including the
purchase of firearms and ammunition); of which not to exceed
$13,454,000 shall remain available until expended for space
alteration projects; of which $900,000 shall be transferred to
the Commission on Structural Alternatives for the Federal
Courts of Appeals, to remain available until expended; and of
which not to exceed $10,000,000 shall remain available until
expendedfor furniture and furnishings related to new space
alteration and construction projects.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$2,450,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by
law, $40,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust Fund,
as authorized by section 190001(a) of Public Law 103-322, and
sections 818 and 823 of Public Law 104-132.
defender services
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended; the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act (18
U.S.C. 3006A(e)); the compensation (in accordance with Criminal
Justice Act maximums) and reimbursement of expenses of
attorneys appointed to assist the court in criminal cases where
the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians
ad litem acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; and the
compensation of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d); $329,529,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i).
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h));
$64,438,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section 5332
of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for,
incident to the procurement, installation, and maintenance of
security equipment and protective services for the United
States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages,
directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702); $167,214,000, of
which not to exceed $10,000,000 shall remain available until
expended for security systems, to be expended directly or
transferred to the United States Marshals Service which shall
be responsible for administering elements of the Judicial
Security Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $52,000,000, of which not
to exceed $7,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $17,495,000; of which
$1,800,000 shall remain available through September 30, 1999,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,000,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$7,400,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$1,800,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$9,240,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts
of appeals, and other judicial services shall be available for
official reception and representation expenses of the Judicial
Conference of the United States: Provided, That such available
funds shall not exceed $10,000 and shall be administered by the
Director of theAdministrative Office of the United States
Courts in his capacity as Secretary of the Judicial Conference.
Sec. 304. Section 612 of title 28, United States Code,
shall be amended by striking out subsection (l).
Sec. 305. (a) Commission on Structural Alternatives for the
Federal Courts of Appeals.--
(1) Establishment and functions of commission.--
(A) Establishment.--There is established a
Commission on Structural Alternatives for the
Federal Courts of Appeals (hereinafter referred
to as the ``Commission'').
(B) Functions.--The functions of the
Commission shall be to--
(i) study the present division of
the United States into the several
judicial circuits;
(ii) study the structure and
alignment of the Federal Court of
Appeals system, with particular
reference to the Ninth Circuit; and
(iii) report to the President and
the Congress its recommendations for
such changes in circuit boundaries or
structure as may be appropriate for the
expeditious and effective disposition
of the caseload of the Federal Courts
of Appeals, consistent with fundamental
concepts of fairness and due process.
(2) Membership.--
(A) Composition.--The Commission shall be
composed of 5 members who shall be appointed by
the Chief Justice of the United States.
(B) Appointment.--The members of the
Commission shall be appointed within 30 days
after the date of enactment of this Act.
(C) Vacancy.--Any vacancy in the Commission
shall be filled in the same manner as the
original appointment.
(D) Chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(E) Quorum.--Three members of the
Commission shall constitute a quorum, but two
may conduct hearings.
(3) Compensation.--
(A) In general.--Members of the Commission
who are officers, or full-time employees, of
the United States shall receive no additional
compensation for their services, but shall be
reimbursedfor travel, subsistence, and other
necessary expenses incurred in the performance of duties vested in the
Commission, but not in excess of the maximum amounts authorized under
section 456 of title 28, United States Code.
(B) Private members.--Members of the
Commission from private life shall receive $200
for each day (including travel time) during
which the member is engaged in the actual
performance of duties, but not in excess of the
maximum amounts authorized under section 456 of
title 28, United States Code.
(4) Personnel.--
(A) Executive director.--The Commission may
appoint an Executive Director who shall receive
compensation at a rate not exceeding the rate
prescribed for level V of the Executive
Schedule under section 5316 of title 5, United
States Code.
(B) Staff.--The Executive Director, with
the approval of the Commission, may appoint and
fix the compensation of such additional
personnel as the Executive Director determines
necessary, without regard to the provisions of
title 5, United States Code, governing
appointments in the competitive service or the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to
classification and General Schedule pay rates.
Compensation under this paragraph shall not
exceed the annual maximum rate of basic pay for
a position above GS-15 of the General Schedule
under section 5108 of title 5, United States
Code.
(C) Experts and consultants.--The Executive
Director may procure personal services of
experts and consultants as authorized by
section 3109 of title 5, United States Code, at
rates not to exceed the highest level payable
under the General Schedule pay rates under
section 5332 of title 5, United States Code.
(D) Services.--The Administrative Office of
the United States Courts shall provide
administrative services, including financial
and budgeting services, to the Commission on a
reimbursable basis. The Federal Judicial Center
shall provide necessary research services to
the Commission on a reimbursable basis.
(5) Information.--The Commission is authorized to
request from any department, agency, or independent
instrumentality of the Government anyinformation and
assistance the Commission determines necessary to carry out its
functions under this section. Each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.
(6) Report.--The Commission shall conduct the
studies required in this section during the 10-month
period beginning on the date on which a quorum of the
Commission has been appointed. Not later than 2 months
following the completion of such 10-month period, the
Commission shall submit its report to the President and
the Congress. The Commission shall terminate 90 days
after the date of the submission of its report.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission such sums, not to exceed
$900,000, as may be necessary to carry out the purposes of this
section. Such sums as are appropriated shall remain available
until expended.
Sec. 306. Pursuant to section 140 of Public Law 97-92,
justices and judges of the United States are authorized during
fiscal year 1998, to receive a salary adjustment in accordance
with 28 U.S.C. 461: Provided, That $5,000,000 is appropriated
for salary adjustments pursuant to this section and such funds
shall be transferred to and merged with appropriations in Title
III of this Act.
Sec. 307. Section 44(c) of title 28, United States Code, is
amended by adding at the end thereof the following sentence:
``In each circuit (other than the Federal judicial circuit)
there shall be at least one circuit judge in regular active
service appointed from the residents of each state in that
circuit.''.
Sec. 308. Section 3006A(d) of title 18, United States Code,
is amended by striking paragraph (4) and inserting the
following:
``(4) Disclosure of fees.--
``(A) In general.--Subject to subparagraphs
(B) through (E), the amounts paid under this
subsection for services in any case shall be
made available to the public by the court upon
the court's approval of the payment.
``(B) Pre-trial or trial in progress.--If a
trial is in pre-trial status or still in
progress and after considering the defendant's
interests as set forth in subparagraph (D), the
court shall--
``(i) redact any detailed
information on the payment voucher
provided by defensecounsel to justify
the expenses to the court; and
``(ii) make public only the amounts
approved for payment to defense counsel
by dividing those amounts into the
following categories:
``(I) Arraignment and or
plea.
``(II) Bail and detention
hearings.
``(III) Motions.
``(IV) Hearings.
``(V) Interviews and
conferences.
``(VI) Obtaining and
reviewing records.
``(VII) Legal research and
brief writing.
``(VIII) Travel time.
``(IX) Investigative work.
``(X) Experts.
``(XI) Trial and appeals.
``(XII) Other.
``(C) Trial completed.--
``(i) In general.--If a request for
payment is not submitted until after
the completion of the trial and subject
to consideration of the defendant's
interests as set forth in subparagraph
(D), the court shall make available to
the public an unredacted copy of the
expense voucher.
``(ii) Protection of the rights of
the defendant.--lf the court determines
that defendant's interests as set forth
in subparagraph (D) require a limited
disclosure, the court shall disclose
amounts as provided in subparagraph
(B).
``(D) Considerations.--The interests
referred to in subparagraphs (B) and (C) are--
``(i) to protect any person's 5th
amendment right against self-
incrimination;
``(ii) to protect the defendant's
6th amendment rights to effective
assistance of counsel;
``(iii) the defendant's attorney-
client privilege;
``(iv) the work product privilege
of the defendant's counsel;
``(v) the safety of any person; and
``(vi) any other interest that
justice may require.
``(E) Notice.--The court shall provide
reasonable notice of disclosure to the counsel
of the defendant prior to the approval of the
payments in order to allow the counsel to
request redaction based on the considerations
set forth in subparagraph (D). Upon completion
of the trial, the court shall release
unredacted copies of the vouchers provided by
defense counsel to justify the expenses to the
court. If there is an appeal, the court shall
not release unredacted copies of the vouchers
provided by defense counsel to justify the
expenses to the court until such time as the
appeals process is completed, unless the court
determines that none of the defendant's
interests set forth in subparagraph (D) will be
compromised.
``(F) Effective date.--The amendment made
by paragraph (4) shall become effective 60 days
after enactment of this Act, will apply only to
cases filed on or after the effective date, and
shall be in effect for no longer than twenty-
four months after the effective date.''.
This title may be cited as ``The Judiciary Appropriations
Act, 1998''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including expenses
authorized by the State Department Basic Authorities Act of
1956, as amended; representation to certain international
organizations in which the United States participates pursuant
to treaties, ratified pursuant to the advice and consent of the
Senate, or specific Acts of Congress; acquisition by exchange
or purchase of passenger motor vehicles as authorized by 31
U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and for
expenses of general administration; $1,705,600,000: Provided,
That of the amount made available under this heading, not to
exceed $4,000,000 may be transferred to, and merged with, funds
in the ``Emergencies in the Diplomatic and Consular Service''
appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That
notwithstanding section 140(a)(5), and the second sentence of
section 140(a)(3), of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236), fees may be
collected during fiscal years 1998 and 1999 under the authority
of section 140(a)(1) of that Act: Provided further, That all
fees collected under the preceding proviso shall be deposited
in fiscal years 1998 and 1999 as an offsetting collection to
appropriations made under this heading to recover costs as set
forth under section 140(a)(2) of that Act and shall remain
available until expended.
In addition to funds otherwise available, of the funds
provided under this heading, $24,856,000 shall be available
only for the Diplomatic Telecommunications Service for
operation of existing base services and $17,312,000 shall be
available only for the enhancement of the Diplomatic
Telecommunications Service and shall remain available until
expended.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section 45 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2717); in addition not to exceed $1,252,000 shall be derived
from fees collected from other executive agencies for lease or
use of facilities located at the International Center in
accordance with section 4 of the International Center Act
(Public Law 90-553), as amended, and in addition, as authorized
by section 5 of such Act $490,000, to be derived from the
reserve authorized by that section, to be used for the purposes
set out in that section; and in addition not to exceed $15,000
which shall be derived from reimbursements, surcharges, and
fees for use of Blair House facilities in accordance with
section 46 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20
percent of the amounts made available in this Act in the
appropriation accounts ``Diplomatic and Consular Programs'' and
``Salaries and Expenses'' under the heading ``Administration of
Foreign Affairs'' may be transferred between such appropriation
accounts: Provided, That any transfer pursuant to this sentence
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
In addition, for counterterrorism requirements overseas,
including security guards and equipment, $23,700,000, to remain
available until expended.
salaries and expenses
For expenses necessary for the general administration of
the Department of State and the Foreign Service, provided for
by law, including expenses authorized by section 9 of the Act
of August 31, 1964, as amended (31U.S.C. 3721), and the State
Department Basic Authorities Act of 1956, as amended, $363,513,000.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$86,000,000, to remain available until expended, as authorized
in Public Law 103-236: Provided, That section 135(e) of Public
Law 103-236 shall not apply to funds available under this
heading.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App.), $27,495,000, notwithstanding
section 209(a)(1) of the Foreign Service Act of 1980, as
amended (Public Law 96-465), as it relates to post inspections.
representation allowances
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C.
4085), $4,200,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services in accordance with the provisions of section 214 of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
4314) and 3 U.S.C. 208, $7,900,000, to remain available until
September 30, 1999.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300),
preserving, maintaining, repairing, and planning for, buildings
that are owned or directly leased by the Department of State,
and carrying out the Diplomatic Security Construction Program
as authorized by title IV of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4851), $404,000,000,
to remain available until expended as authorized by section
24(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)): Provided, That none of the funds appropriated
in this paragraph shall be available for acquisition of
furniture and furnishings and generators for other departments
and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service pursuant to the requirement of 31 U.S.C.
3526(e), $5,500,000 to remain available until expended as
authorized by section 24(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to
exceed $1,000,000 may be transferredto and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by
section 4 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2671): Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974. In addition, for
administrative expenses necessary to carry out the direct loan
program, $607,000 which may be transferred to and merged with
the Salaries and Expenses account under Administration of
Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act, Public Law 96-8, $14,000,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $129,935,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $955,515,000, of which not to exceed $54,000,000
shall remain available until expended for payment of
arrearages: Provided, That none of the funds appropriated or
otherwise made available by this Act for payment of arrearages
may be obligated or expended unless such obligation or
expenditure is expressly authorized by the enactment of an Act
that makes payment of arrearages contingent upon reforms that
should include the following: a reduction in the United States
assessed share of the United Nations regular budget to 20
percent and of peacekeeping operations to 25 percent;
reimbursement for goods and services provided by the United
States to the United Nations; certification that the United
Nations and its specialized or affiliated agencies have not
taken any action to infringe on the sovereignty of the United
States; a ceiling on United States contributions to
international organizations after fiscal year 1998 of
$900,000,000; establishment of a merit-based personnel system
at the United Nations that includes a code of conduct and a
personnel evaluation system; United States membership on the
Advisory Committee on Administrative and Budgetary Questions
that oversees the United Nations budget; access to United
Nations financial data by the General Accounting Office; and
achievement of a negative growth budget and the establishment
of independent inspectors general for affiliatedorganizations;
and improved consultation procedures with the Congress: Provided
further, That any payment of arrearages shall be directed toward
special activities that are mutually agreed upon by the United States
and the respective international organization: Provided further, That
20 percent of the funds appropriated in this paragraph for the assessed
contribution of the United States to the United Nations shall be
withheld from obligation and expenditure until a certification is made
under section 401(b) of Public Law 103-236 and under such other
requirements related to the Office of Internal Oversight Services of
the United Nations as may be enacted into law for fiscal year 1998:
Provided further, That certification under section 401(b) of Public Law
103-236 for fiscal year 1998 may only be made if the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and International Relations of the House of
Representatives are notified of the steps taken, and anticipated, to
meet the requirements of section 401(b) of Public Law 103-236 at least
15 days in advance of the proposed certification: Provided further,
That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings: Provided
further, That of the funds appropriated in this paragraph, $100,000,000
may be made available only on a semi-annual basis pursuant to a
certification by the Secretary of State on a semi-annual basis, that
the United Nations has taken no action during the preceding six months
to increase funding for any United Nations program without identifying
an offsetting decrease during that six-month period elsewhere in the
United Nations budget and cause the United Nations to exceed the
expected reform budget for the biennium 1998-1999 of $2,533,000,000:
Provided further, That not to exceed $12,000,000 shall be transferred
from funds made available under this heading to the ``International
Conferences and Contingencies'' account for U.S. contributions to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission, provided
that such transferred funds are obligated or expended only for
Commission meetings and sessions, provisional technical secretariat
salaries and expenses, other Commission administrative and training
activities, including purchase of training equipment, and upgrades to
existing internationally-based monitoring systems involved in
cooperative data sharing agreements with the United States asof date of
enactment of this Act, until the U.S. Senate ratifies the Comprehensive
Nuclear Test Ban Treaty.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security
$256,000,000, of which not to exceed $46,000,000 shall remain
available until expended for payment of arrearages: Provided,
That none of the funds appropriated or otherwise made available
by this Act for payment of arrearages may be obligated or
expended unless such obligation or expenditure is expressly
authorized by the enactment of an Act described in the first
proviso under the heading ``Contributions to International
Organizations'' in this title: Provided further, That none of
the funds made available under this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least fifteen days in advance of voting for
the new or expanded mission in the United Nations Security
Council (or in an emergency, as far in advance as is
practicable), (1) the Committees on Appropriations of the House
of Representatives and the Senate and other appropriate
Committees of the Congress are notified of the estimated cost
and length of the mission, the vital national interest that
will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds shall
be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and
suppliers are being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign manufacturers
and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$17,490,000.
construction
For detailed plan preparation and construction of
authorized projects, $6,463,000, to remain available until
expended, as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182; $5,490,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the
International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$14,549,000: Provided, That the United States' share of such
expenses may be advanced to the respective commissions,
pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101-246, $8,000,000, to remain
available until expended, as authorized by section 24(c) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2696(c)).
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms
control, nonproliferation, and disarmament activities,
$41,500,000, of which not to exceed $50,000 shall be for
official reception and representation expenses as authorized by
the Act of September 26, 1961, as amended (22 U.S.C. 2551 et
seq.).
Arms Control and Disarmament Agency
arms control and disarmament activities
(rescission)
Of the unexpended balances previously appropriated under
this heading, $700,000 are rescinded.
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized by
the Mutual Educational and Cultural Exchange Act of 1961, as
amended (22 U.S.C. 2451 et seq.), the United States Information
and Educational Exchange Act of 1948, as amended (22 U.S.C.
1431 et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat.
1636), tocarry out international communication, educational and
cultural activities; and to carry out related activities authorized by
law, including employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to exceed
$700,000 of this appropriation), as authorized by section 801 of such
Act of 1948 (22 U.S.C. 1471), and entertainment, including official
receptions, within the United States, not to exceed $25,000 as
authorized by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3));
$427,097,000: Provided, That not to exceed $1,400,000 may be used for
representation abroad as authorized by section 302 of such Act of 1948
(22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085): Provided further, That not to exceed $6,000,000, to
remain available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with English
teaching, library, motion pictures, and publication programs as
authorized by section 810 of such Act of 1948 (22 U.S.C. 1475e) and,
notwithstanding any other law, fees from educational advising and
counseling, and exchange visitor program services: Provided further,
That not to exceed $920,000 to remain available until expended may be
used to carry out projects involving security construction and related
improvements for agency facilities not physically located together with
Department of State facilities abroad.
technology fund
For expenses necessary to enable the United States
Information Agency to provide for the procurement of
information technology improvements, as authorized by the
United States Information and Educational Exchange Act of 1948,
as amended (22 U.S.C. 1431 et seq.), the Mutual Educational and
Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et
seq.), and Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$5,050,000, to remain available until expended.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636),
$197,731,000, to remain available until expended as authorized
by section 105 of such Act of 1961 (22 U.S.C. 2455): Provided,
That not to exceed $800,000, to remain available until
expended, may be credited to this appropriation from fees or
other payments received from or in connection with English
teaching and publication programs as authorized by section 810
of the United States Information and Educational Exchange Act
of 1948 (22 U.S.C. 1475e) and, notwithstanding any
otherprovision of law, fees from educational advising and counseling.
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 1998, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 1998, to remain
available until expended.
international broadcasting operations
For expenses necessary to enable the United States
Information Agency, as authorized by the United States
Information and Educational Exchange Act of 1948, as amended,
the United States International Broadcasting Act of 1994, as
amended, and Reorganization Plan No. 2 of 1977, to carry out
international communication activities, $364,415,000, of which
$12,100,000 shall remain available until expended, not to
exceed $16,000 may be used for official receptions within the
United States as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such Act
of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service
Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be
used for official reception and representation expenses of
Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice
of America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes.
broadcasting to cuba
For expenses necessary to enable the United States
Information Agency to carry out the Radio Broadcasting to Cuba
Act, as amended, the Television Broadcasting to Cuba Act, and
the International Broadcasting Act of 1994, including the
purchase, rent, construction, and improvement of facilities for
radio and television transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception, $22,095,000, to remain
available until expended.
radio construction
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized by section
801 of the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1471), $40,000,000, to remain available
until expended, as authorized by section 704(a) of such Act of
1948 (22 U.S.C. 1477b(a)).
east-west center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the Center
for Cultural and Technical Interchange Between East and West
Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center for
Cultural and Technical Interchange Between East and West in the
State of Hawaii, $12,000,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter
into any contract providing for the payment thereof, in excess
of the rate authorized by 5 U.S.C. 5376.
north/south center
To enable the Director of the United States Information
Agency to provide for carrying out the provisions of the North/
South Center Act of 1991 (22 U.S.C. 2075), by grant to an
educational institution in Florida known as the North/South
Center, $1,500,000, to remain available until expended.
national endowment for democracy
For grants made by the United States Information Agency to
the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
hire of passenger transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the United States Information Agency in this
Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. Funds appropriated by this Act for the United
States Information Agency, the Arms Control and Disarmament
Agency, and the Department of State may be obligated and
expended notwithstanding section 701 of the United States
Information and Educational Exchange Act of 1948 and section
313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995, section 53 of the Arms Control and Disarmament
Act, and section 15 of the State Department Basic Authorities
Act of 1956.
Sec. 404. (a)(1) For purposes of implementing the
International Cooperative Administrative Support Services
program in fiscal year 1998, the amounts referred to in
paragraph (2) shall be transferred in accordance with the
provisions of subsection (b).
(2) Paragraph (1) applies to amounts made available by
title IV of this Act under the heading ``Administration of
Foreign Affairs'' as follows:
(A) $108,932,000 of the amount made available under
the paragraph ``Diplomatic and Consular Programs''.
(B) $3,530,000 of the amount made available under
the paragraph ``Security and Maintenance of United
States Missions''.
(b) Funds transferred pursuant to subsection (a) shall be
transferred to the specified appropriation, allocated to the
specified account or accounts in the specified amount, be
merged with funds in such account or accounts that are
available for administrative support expenses of overseas
activities, and be available for the same purposes, and subject
to the same terms and conditions, as the funds with which
merged, as follows:
(1) Appropriations for the Legislative Branch--
(A) for the Library of Congress, for
salaries and expenses, $500,000; and
(B) for the General Accounting Office, for
salaries and expenses, $12,000.
(2) Appropriations for the Office of the United
States Trade Representative, for salaries and expenses,
$302,000.
(3) Appropriations for the Department of Commerce,
for the International Trade Administration, for
operations and administration, $7,055,000.
(4) Appropriations for the Department of Justice--
(A) for legal activities--
(i) for general legal activities,
for salaries and expenses, $194,000;
and
(ii) for the United States Marshals
Service, for salaries and expenses,
$2,000;
(B) for the Federal Bureau of
Investigation, for salaries and expenses,
$2,477,000;
(C) for the Drug Enforcement
Administration, for salaries and expenses,
$6,356,000; and
(D) for the Immigration and Naturalization
Service, for salaries and expenses, $1,313,000.
(5) Appropriations for the United States
Information Agency, for international information
programs, $25,047,000.
(6) Appropriations for the Arms Control and
Disarmament Agency, for arms control and disarmament
activities, $1,247,000.
(7) Appropriations to the President--
(A) for the Foreign Military Financing
Program, for administrative costs, $6,660,000;
(B) for the Economic Support Fund,
$336,000;
(C) for the Agency for International
Development--
(i) for operating expenses,
$6,008,000;
(ii) for the Urban and
Environmental Credit Program, $54,000;
(iii) for the Development
Assistance Fund, $124,000;
(iv) for the Development Fund for
Africa, $526,000;
(v) for assistance for the new
independent states of the former Soviet
Union, $818,000;
(vi) for assistance for Eastern
Europe and the Baltic States, $283,000;
and
(vii) for international disaster
assistance, $306,000;
(D) for the Peace Corps, $3,672,000; and
(E) for the Department of State--
(i) for international narcotics
control, $1,117,000; and,
(ii) for migration and refugee
assistance, $394,000.
(8) Appropriations for the Department of Defense--
(A) for operation and maintenance--
(i) for operation and maintenance,
Army, $4,394,000;
(ii) for operation and maintenance,
Navy, $1,824,000;
(iii) for operation and
maintenance, Air Force, $1,603,000; and
(iv) for operation and maintenance,
Defense-Wide, $21,993,000; and
(B) for procurement, for other procurement,
Air Force, $4,211,000.
(9) Appropriations for the American Battle
Monuments Commission, for salaries and expenses,
$210,000.
(10) Appropriations for the Department of
Agriculture--
(A) for the Animal and Plant Health
Inspection Service, for salaries and expenses,
$932,000;
(B) for the Foreign Agricultural Service
and General Sales Manager, $4,521,000; and
(C) for the Agricultural Research Service,
$16,000.
(11) Appropriations for the Department of
Treasury--
(A) for the United States Customs Service,
for salaries and expenses, $2,002,000;
(B) for departmental offices, for salaries
and expenses, $804,000;
(C) for the Internal Revenue Service, for
tax law enforcement, $662,000;
(D) for the Bureau of Alcohol, Tobacco and
Firearms, for salaries and expenses, $17,000;
(E) for the United States Secret Service,
for salaries and expenses, $617,000; and
(F) for the Comptroller of the Currency,
for assessment funds, $29,000.
(12) Appropriations for the Department of
Transportation--
(A) for the Federal Aviation
Administration, for operations, $1,594,000; and
(B) for the Coast Guard, for operating
expenses, $65,000.
(13) Appropriations for the Department of Labor,
for departmental management, for salaries and expenses,
$58,000.
(14) Appropriations for the Department of Health
and Human Services--
(A) for the National Institutes of Health,
for the National Cancer Institute, $42,000;
(B) for the Office of the Secretary, for
general departmental management, $71,000; and
(C) for the Centers for Disease Control and
Prevention, for disease control, research, and
training, $522,000.
(15) Appropriations for the Social Security
Administration, for administrative expenses, $370,000.
(16) Appropriations for the Department of the
Interior--
(A) for the United States Fish and Wildlife
Service, for resource management, $12,000;
(B) for the United States Geological
Survey, for surveys, investigations, and
research, $80,000; and
(C) for the Bureau of Reclamation, for
water and related resources, $101,000.
(17) Appropriations for the Department of Veterans
Affairs, for departmental administration, for general
operating expenses, $453,000.
(18) Appropriations for the National Aeronautics
and Space Administration, for mission support,
$183,000.
(19) Appropriations for the National Science
Foundation, for research and related activities,
$39,000.
(20) Appropriations for the Federal Emergency
Management Agency, for salaries and expenses, $4,000.
(21) Appropriations for the Department of Energy--
(A) for departmental administration,
$150,000; and
(B) for atomic energy defense activities,
for other defense activities, $54,000.
(22) Appropriations for the Nuclear Regulatory
Commission, for salaries and expenses, $26,000.
(c)(1) The amount in subsection (a)(2)(A) is reduced by
$2,800,000.
(2) Each amount in subsection (b) is reduced on a pro rata
basis in the same proportion as $2,800,000 bears to
$112,462,000, rounded to the nearest thousand.
Sec. 405. (a) An employee who regularly commutes from his
or her place of residence in the continental United States to
an official duty station in Canada or Mexico shall receive a
border equalization adjustment equal to the amount of
comparability payments under section 5304 of title V, United
States Code, that he or she would receive if assigned to an
official duty station within the United States locality pay
area closest to the employee's official duty station.
(b) For purposes of this section, the term ``employee''
shall mean a person who--
(1) is an ``employee'' as defined under section
2105 of title V, United States Code; and
(2) is employed by the United States Department of
State, the United States Information Agency, the United
States Agency for International Development, or the
International Joint Commission, except that the term
shall not include members of the Foreign Service as
defined by section 103 of the Foreign Service Act of 1980 (P.L. 96-
465), section 3903 of title 22 of the United States Code.
(c) An equalization adjustment payable under this section
shall be considered basic pay for the same purposes as are
comparability payments under section 5304 of title V, United
States Code, and its implementing regulations.
(d) The agencies referenced in subsection (c)(2) are
authorized to promulgate regulations to carry out the purposes
of this section.
This title may be cited as the ``Department of State and
Related Agencies Appropriations Act, 1998''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
For the payment of obligations incurred for operating-
differential subsidies, as authorized by the Merchant Marine
Act, 1936, as amended, $51,030,000, to remain available until
expended.
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $35,500,000, to remain available until expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $67,600,000: Provided, That
reimbursements may be made to this appropriation from receipts
to the ``Federal Ship Financing Fund'' for administrative
expenses in support of that program in addition to any amount
heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $32,000,000, to remain available
until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,725,000, which shall
be transferred to and merged with the appropriation for
Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and
services and make necessary repairs in connectionwith any
lease, contract, or occupancy involving Government property under
control of the Maritime Administration, and payments received therefor
shall be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant
Marine Act, 1936, or otherwise, in excess of the appropriations
and limitations contained in this Act or in any prior
appropriation Act, and all receipts which otherwise would be
deposited to the credit of said fund shall be covered into the
Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of
America's Heritage Abroad, $250,000, as authorized by Public
Law 99-83, section 1303.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000:
Provided, That not to exceed $50,000 may be used to employ
consultants: Provided further, That none of the funds
appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the Chairperson who is permitted 125 billable
days.
Commission on Immigration Reform
salaries and expenses
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f) of the Immigration Act of
1990, $459,000 to remain available until expended.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$1,090,000, to remain available until expended as authorized by
section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the
Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); non-monetary awards to private citizens; and not to
exceed $27,500,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title VII
of the Civil Rights Act of 1964, as amended, sections 6 and 14
of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991;
$242,000,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-02; not to
exceed $600,000 for land and structure; not to exceed $500,000
for improvement and care of grounds and repair to buildings;
not to exceed $4,000 for official reception and representation
expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5
U.S.C. 3109; $186,514,000, of which not to exceed $300,000
shall remain available until September 30, 1999, for research
and policy studies: Provided, That $162,523,000 of offsetting
collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, as amended, and
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 1998 so as to result in a final fiscal year 1998
appropriation estimated at $23,991,000: Provided further, That
any offsetting collections received in excess of $162,523,000
in fiscal year 1998 shall remain available until expended, but
shall not be available for obligation until October 1, 1998.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act of
1936, as amended (46 U.S.C. App.
1111, including services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-02; $14,000,000: Provided, That not to exceed $2,000 shall
be available for official reception and representation
expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses; $88,500,000:
Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718, as
amended: Provided further, That notwithstanding any other
provision of law, not to exceed $70,000,000 of offsetting
collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18(a)) shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during
fiscal year 1998, so as to result in a final fiscal year 1998
appropriation from the General Fund estimated at not more than
$18,500,000, to remain available until expended: Provided
further, That any fees received in excess of $70,000,000 in
fiscal year 1998 shall remain available until expended, but
shall not be available for obligation until October 1, 1998:
Provided further, That none of the funds made available to the
Federal Trade Commission shall be available for obligation for
expenses authorized by section 151 of the Federal Deposit
Insurance Corporation Improvement Act of 1991 (Public Law 102-
242, 105 Stat. 2282-2285).
Gambling Impact Study Commission
salaries and expenses
For necessary expenses of the National Gambling Impact
Study Commission, $1,000,000, to remain available until
expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $283,000,000, of which $274,400,000 is for basic field
programs and required independent audits; $1,500,000 is for the
Office of InspectorGeneral, of which such amounts as may be
necessary may be used to conduct additional audits of recipients; and
$7,100,000 is for management and administration.
administrative provisions--legal services corporation
Sec. 501. (a) Continuation of Competitive Selection
Process.--None of the funds appropriated in this Act to the
Legal Services Corporation may be used to provide financial
assistance to any person or entity except through a competitive
selection process conducted in accordance with regulations
promulgated by the Corporation in accordance with the criteria
set forth in subsections (c), (d), and (e) of section 503 of
Public Law 104-134 (110 Stat. 1321-52 et seq.).
(b) Inapplicability of Certain Procedures.--Sections
1007(a)(9) and 1011 of the Legal Services Corporation Act (42
U.S.C. 2996f(a)(9) and 2996j) shall not apply to the provision,
denial, suspension, or termination of any financial assistance
using funds appropriated in this Act.
(c) Additional Procedures.--If, during any term of a grant
or contract awarded to a recipient by the Legal Services
Corporation under the competitive selection process referred to
in subsection (a) and applicable Corporation regulations, the
Corporation finds, after notice and opportunity for the
recipient to be heard, that the recipient has failed to comply
with any requirement of the Legal Services Corporation Act (42
U.S.C. 2996 et seq.), this Act, or any other applicable law
relating to funding for the Corporation, the Corporation may
terminate the grant or contract and institute a new competitive
selection process for the area served by the recipient,
notwithstanding the terms of the recipient's grant or contract.
Sec. 502. (a) Continuation of Requirements and
Restrictions.--None of the funds appropriated in this Act to
the Legal Services Corporation shall be expended for any
purpose prohibited or limited by, or contrary to any of the
provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public
Law 104-134 (110 Stat. 1321-51 et seq.), and all funds
appropriated in this Act to the Legal Services
Corporation shall be subject to the same terms and
conditions as set forth in such sections, except that
all references in such sections to 1995 and 1996 shall
be deemed to refer instead to 1997 and 1998,
respectively; and
(2) section 504 of Public Law 104-134 (110 Stat.
1321-53 et seq.), and all funds appropriated in this
Act to the Legal Services Corporation shall be subject
to the same terms and conditions set forth in such
section, except that--
(A) subsection (c) of such section 504
shall not apply;
(B) paragraph (3) of section 508(b) of
Public Law 104-134 (110 Stat. 1321-58) shall
apply with respect to the requirements of
subsection (a)(13) of such section 504, except
that all references in such section 508(b) to
the date of enactment shall be deemed to refer
to April 26, 1996; and
(C) subsection (a)(11) of such section 504
shall not be construed to prohibit a recipient
from using funds derived from a source other
than the Corporation to provide related legal
assistance to--
(i) an alien who has been battered
or subjected to extreme cruelty in the
United States by a spouse or a parent,
or by a member of the spouse's or
parent's family residing in the same
household as the alien and the spouse
or parent consented or acquiesced to
such battery or cruelty; or
(ii) an alien whose child has been
battered or subjected to extreme
cruelty in the United States by a
spouse or parent of the alien (without
the active participation of the alien
in the battery or extreme cruelty), or
by a member of the spouse's or parent's
family residing in the same household
as the alien and the spouse or parent
consented or acquiesced to such battery
or cruelty, and the alien did not
actively participate in such battery or
cruelty.
(b) Definitions.--For purposes of subsection (a)(2)(C):
(1) The term ``battered or subjected to extreme
cruelty'' has the meaning given such term under
regulations issued pursuant to subtitle G of the
Violence Against Women Act of 1994 (Public Law 103-322;
108 Stat. 1953).
(2) The term ``related legal assistance'' means
legal assistance directly related to the prevention of,
or obtaining of relief from, the battery or cruelty
described in such subsection.
Sec. 503. (a) Continuation of Audit Requirements.--The
requirements of section 509 of Public Law 104-134 (110 Stat.
1321-58 et seq.), other than subsection (l) of such section,
shall apply during fiscal year 1998.
(b) Requirement of Annual Audit.--An annual audit of each
person or entity receiving financial assistancefrom the Legal
Services Corporation under this Act shall be conducted during fiscal
year 1998 in accordance with the requirements referred to in subsection
(a).
Sec. 504. (a) Debarment.--The Legal Services Corporation
may debar a recipient, on a showing of good cause, from
receiving an additional award of financial assistance from the
Corporation. Any such action to debar a recipient shall be
instituted after the Corporation provides notice and an
opportunity for a hearing to the recipient.
(b) Regulations.--The Legal Services Corporation shall
promulgate regulations to implement this section.
(c) Good Cause.--In this section, the term ``good cause'',
used with respect to debarment, includes--
(1) prior termination of the financial assistance
of the recipient, under part 1640 of title 45, Code of
Federal Regulations (or any similar corresponding
regulation or ruling);
(2) prior termination in whole, under part 1606 of
title 45, Code of Federal Regulations (or any similar
corresponding regulation or ruling), of the most recent
financial assistance received by the recipient, prior
to date of the debarment decision;
(3) substantial violation by the recipient of the
statutory or regulatory restrictions that prohibit
recipients from using financial assistance made
available by the Legal Services Corporation or other
financial assistance for purposes prohibited under the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.)
or for involvement in any activity prohibited by, or
inconsistent with, section 504 of Public Law 104-134
(110 Stat. 1321-53 et seq.), section 502(a)(2) of
Public Law 104-208 (110 Stat. 3009-59 et seq.), or
section 502(a)(2) of this Act;
(4) knowing entry by the recipient into a subgrant,
subcontract, or other agreement with an entity that had
been debarred by the Corporation; or
(5) the filing of a lawsuit by the recipient, on
behalf of the recipient, as part of any program
receiving any Federal funds, naming the Corporation, or
any agency or employee of a Federal, State, or local
government, as a defendant.
Sec. 505. (a) Not later than January 1, 1998, the Legal
Services Corporation shall implement a system of case
information disclosure which shall apply to all basic field
programs which receive funds from the Legal Services
Corporation from funds appropriated in this Act.
(b) Any basic field program which receives Federal funds
from the Legal Services Corporation from funds appropriated in
this Act must disclose to the public in written form, upon
request, and to the Legal Services Corporation in semiannual
reports, the following information about each case filed by its
attorneys in any court:
(1) The name and full address of each party to the
legal action unless such information is protected by an
order or rule of a court or by State or Federal law or
revealing such information would put the client of the
recipient of such Federal funds at risk of physical
harm.
(2) The cause of action in the case.
(3) The name and address of the court in which the
case was filed and the case number assigned to the
legal action.
(c) The case information disclosed in semi-annual reports
to the Legal Services Corporation shall be subject to
disclosure under section 552 of title 5, United States Code.
Sec. 506. In establishing the income or assets of an
individual who is a victim of domestic violence, under section
1007(a)(2) of the Legal Services Corporation Act (42 U.S.C.
2996f(a)(2)), to determine if the individual is eligible for
legal assistance, a recipient described in such section shall
consider only the assets and income of the individual, and
shall not include any jointly held assets.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, as amended,
$1,185,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,000
for official reception and representation expenses,
$283,000,000, of which not to exceed $10,000 may be used toward
funding a permanent secretariat for the International
Organization of Securities Commissions, and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of
their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities
matters, development and implementation of cooperation
agreements concerning securities matters and provision of
technical assistance for the development of foreign securities
markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff
and foreign invitees in attendance at such consultations and
meetings including: (1) such incidental expenses as meals taken
in the course of such attendance, (2) any travel and
transportation to or from such meetings, and (3) any other
related lodging or subsistance: Provided, That fees and charges
authorized by sections 6(b)(4) of the Securities Act of 1933
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee(d)) shall be credited to this account
as offsetting collections: Provided further, That not to exceed
$249,523,000 of such offsetting collections shall be available
until expended for necessary expenses of this account: Provided
further, That the total amount appropriated from the General
Fund for fiscal year 1998 under this heading shall be reduced
as all such offsetting fees are deposited to this appropriation
so as to result in a final total fiscal year 1998 appropriation
from the General Fund estimated at not more than $33,477,000.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 103-
403, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, andnot to exceed $3,500 for
official reception and representation expenses, $254,200,000, of which:
$3,000,000 shall be available for a grant to Lackawanna County,
Pennsylvania for infrastructure development to assist in small business
development; $3,000,000 shall be available for a grant to the NTTC at
Wheeling Jesuit University to continue the outreach program to assist
small business development; $2,000,000 shall be for a grant to Western
Carolina University to develop a facility to assist in small business
and rural economic development; $1,500,000 shall be available for a
grant to the State University of New York to develop a facility and
operate the Institute of Entrepreneurship for small business and
workforce development; $1,000,000 shall be for a grant for the Genesis
Small Business Incubator Facility, Fayetteville, Arkansas; and $500,000
shall be available for a continuation grant to the Center for
Entrepreneurial Opportunity in Greensburg, Pennsylvania, to provide for
small business consulting and assistance: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That,
notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations: Provided
further, That $75,800,000 shall be available to fund grants for
performance in fiscal year 1998 or fiscal year 1999 as authorized by
section 21 of the Small Business Act, as amended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended (5 U.S.C. App. 1-11, as amended by Public Law
100-504), $10,000,000.
business loans program account
For the cost of guaranteed loans, $181,232,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall
remain available until September 30, 1999: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 1998, commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958, as amended, shall not exceed the amount
of financings authorized under section 20(n)(2)(B) of the Small
Business Act, as amended: Provided further, That during fiscal
year 1998, commitments for general business loans authorized
under section 7(a) of the Small Business Act, as amended, shall
not exceed $10,000,000,000 without prior notification of the
Committees on Appropriations of the Houseof Representatives and
Senate in accordance with section 605 of this Act.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $94,000,000, which may be
transferred to and merged with the appropriations for Salaries
and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, as amended, $23,200,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan program, $150,000,000, including not to exceed
$500,000 for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan program, and said sums shall be
transferred to and merged with appropriations for the Office of
Inspector General.
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment
Act, as amended, $3,500,000, to remain available without fiscal
year limitation as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572 (106 Stat. 4515-4516)), $6,850,000, to
remain available until expended: Provided, That not to exceed
$2,500 shall be available for official reception and
representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1998, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions, or activities
presently performed by Federal employees; unless the
Appropriations Committees of both Houses of Congress are
notified fifteen days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 1998, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Appropriations Committees of both Houses
ofCongress are notified fifteen days in advance of such
reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels for
the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. (a) Purchase of American-Made Equipment and
Products.--It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) Notice Requirement.--In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a
notice describing the statement made in subsection (a) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling
Products as Made in America.--If it has been finally determined
by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or
any inscription with the same meaning, to any product sold in
or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract
or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment
based on religion, when it is made known to the Federal entity
or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay for
any cost incurred for: (1) opening or operating any United
States diplomatic or consular post in the Socialist Republic of
Vietnam that was not operating on July 11, 1995; (2) expanding
any United States diplomatic or consular post in the Socialist
Republic of Vietnam that was operating on July 11, 1995; or (3)
increasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Republicof
Vietnam above the levels existing on July 11, 1995, unless the
President certifies within 60 days the following:
(A) Based upon all information available to the
United States Government, the Government of the
Socialist Republic of Vietnam is fully cooperating in
good faith with the United States in the following:
(i) Resolving discrepancy cases, live
sightings, and field activities.
(ii) Recovering and repatriating American
remains.
(iii) Accelerating efforts to provide
documents that will help lead to fullest
possible accounting of prisoners of war and
missing in action.
(iv) Providing further assistance in
implementing trilateral investigations with
Laos.
(B) The remains, artifacts, eyewitness accounts,
archival material, and other evidence associated with
prisoners of war and missing in action recovered from
crash sites, military actions, and other locations in
Southeast Asia are being thoroughly analyzed by the
appropriate laboratories with the intent of providing
surviving relatives with scientifically defensible,
legal determinations of death or other accountability
that are fully documented and available in unclassified
and unredacted form to immediate family members.
Sec. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds: (1) that the United Nations undertaking is a
peacekeeping mission; (2) that such undertaking will involve
United States Armed Forces under the command or operational
control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a
recommendation that such involvement is in the national
security interests of the United States and the President has
not submitted to the Congress such a recommendation.
Sec. 611. None of the funds made available in this Act
shall be used to provide the following amenities or personal
comforts in the Federal prison system--
(1) in-cell television viewing except for prisoners
who are segregated from the general prison population
for their own safety;
(2) the viewing of R, X, and NC-17 rated movies,
through whatever medium presented;
(3) any instruction (live or through broadcasts) or
training equipment for boxing, wrestling, judo,karate,
or other martial art, or any bodybuilding or weightlifting equipment of
any sort;
(4) possession of in-cell coffee pots, hot plates
or heating elements; or
(5) the use or possession of any electric or
electronic musical instrument.
Sec. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA)
under the headings ``Operations, Research, and Facilities'' and
``Procurement, Acquisition and Construction'' may be used to
implement sections 603, 604, and 605 of Public Law 102-567:
Provided, That NOAA may develop a modernization plan for its
fisheries research vessels that takes fully into account
opportunities for contracting for fisheries surveys.
Sec. 613. Any costs incurred by a Department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
Department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 614. None of the funds made available in this Act to
the Federal Bureau of Prisons may be used to distribute or make
available any commercially published information or material to
a prisoner when it is made known to the Federal official having
authority to obligate or expend such funds that such
information or material is sexually explicit or features
nudity.
Sec. 615. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--state and local law
enforcement assistance'', not more than 90 percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an
entity when it is made known to the Federal official having
authority to obligate or expend such funds that the entity that
employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968) does not provide such a public safety
officer who retires or is separated from service due to injury
suffered as the direct and proximate result of a personal
injury sustained in the line of duty while responding to an
emergency situation or a hot pursuit (as such terms are
definedby State law) with the same or better level of health insurance
benefits at the time of retirement or separation as they received while
on duty.
Sec. 616. (a) None of the funds made available in this Act
may be used to issue or renew a fishing permit or authorization
for any fishing vessel of the United States greater than 165
feet in registered length or of more than 750 gross registered
tons, and that has an engine or engines capable of producing a
total of more than 3,000 shaft horsepower--
(1) as specified in the permit application required
under part 648.4(a)(5) of title 50, Code of Federal
Regulations, part 648.12 of title 50, Code of Federal
Regulations, and the authorization required under part
648.80(d)(2) of title 50, Code of Federal Regulations,
to engage in fishing for Atlantic mackerel or herring
(or both) under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.); or
(2) that would allow such a vessel to engage in the
catching, taking, or harvesting of fish in any other
fishery within the exclusive economic zone of the
United States (except territories), unless a
certificate of documentation had been issued for the
vessel and endorsed with a fishery endorsement that was
effective on September 25, 1997 and such fishery
endorsement was not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or renewed
prior to the date of the enactment of this Act for a fishing
vessel to which the prohibition in subsection (a)(1) applies
that would allow such vessel to engage in fishing for Atlantic
mackerel or herring (or both) during fiscal year 1998 shall be
null and void, and none of the funds made available in this Act
may be used to issue a fishing permit or authorization that
would allow a vessel whose permit or authorization was made
null and void pursuant to this subsection to engage in the
catching, taking, or harvesting of fish in any other fishery
within the exclusive economic zone of the United States.
Sec. 617. During fiscal year 1998 and in any fiscal year
thereafter, the court, in any criminal case (other than a case
in which the defendant is represented by assigned counsel paid
for by the public) pending on or after the date of the
enactment of this Act, may award to a prevailing party, other
than the United States, a reasonable attorney's fee and other
litigation expenses, where the court finds that the position of
the United States was vexatious, frivolous, or in bad faith,
unless the court finds that special circumstances make such an
award unjust. Suchawards shall be granted pursuant to the
procedures and limitations (but not the burden of proof) provided for
an award under section 2412 of title 28, United States Code. To
determine whether or not to award fees and costs under this section,
the court, for good cause shown, may receive evidence ex parte and in
camera (which shall include the submission of classified evidence or
evidence that reveals or might reveal the identity of an informant or
undercover agent or matters occurring before a grand jury) and evidence
or testimony so received shall be kept under seal. Fees and other
expenses awarded under this provision to a party shall be paid by the
agency over which the party prevails from any funds made available to
the agency by appropriation. No new appropriations shall be made as a
result of this provision.
Sec. 618. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 619. None of the funds made available in this Act may
be used to pay the expenses of an election officer appointed by
a court to oversee an election of any officer or trustee for
the International Brotherhood of Teamsters.
Sec. 620. The second proviso of the second paragraph under
the heading ``office of the chief signal officer.'' in the Act
entitled ``An Act Making appropriations for the support of the
Regular and Volunteer Army for the fiscal year ending June
thirtieth, nineteen hundred and one'', approved May 26, 1900
(31 Stat. 206; chapter 586; 47 U.S.C. 17), is repealed.
Sec. 621. (a) None of the funds appropriated or otherwise
made available in this Act shall be used to issue visas to any
person who--
(1) has been credibly alleged to have ordered,
carried out, or materially assisted in the
extrajudicial and political killings of Antoine Izmery,
Guy Malary, Father Jean-Marie Vincent, Pastor Antoine
Leroy, Jacques Fleurival, Mireille Durocher Bertin,
Eugene Baillergeau, Michelange Hermann, Max Mayard,
Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and
Jean-Hubert Feuille;
(2) has been included in the list presented to
former President Jean-Bertrand Aristide by former
National Security Council Advisor Anthony Lake in
December 1995, and acted upon by President Rene Preval;
(3) was sought for an interview by the Federal
Bureau of Investigation as part of its inquiry into the
March 28, 1995, murder of Mireille Durocher Bertin and
Eugene Baillergeau, Jr., and was credibly alleged to
have ordered, carried out, or materially assisted in
those murders, per a June 28, 1995, letter to the then
Minister of Justice of the Government of Haiti, Jean-
Joseph Exume;
(4) was a member of the Haitian High Command during
the period 1991 through 1994, and has been credibly
alleged to have planned, ordered, or participated with
members of the Haitian Armed Forces in--
(A) the September 1991 coup against any
person who was a duly elected government
official of Haiti (or a member of the family of
such official), or
(B) the murders of thousands of Haitians
during the period 1991 through 1994; or
(5) has been credibly alleged to have been a member
of the paramilitary organization known as FRAPH who
planned, ordered, or participated in acts of violence
against the Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise be
excluded under this section is necessary for medical reasons or
such person has cooperated fully with the investigation of
these political murders. If the Secretary of State exempts any
such person, the Secretary shall notify the appropriate
congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list of
those who have been credibly alleged to have ordered or carried
out the extrajudicial and political killings mentioned in
paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided
under paragraph (1) to the appropriate congressional committees
not later than 3 months after the date of enactment of this
Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the
Attorney General shall submit to the appropriate congressional
committees a list of aliens refused entry to the United States
as a result of this provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment
of this Act and not later than March 1 of each year thereafter
as long as the Government of Haiti has not completed the
investigation of the extrajudicial and political killings and
has not prosecuted those implicated for the killings specified
in paragraph (1) of subsection (a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
Sec. 622. Section 3006 of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 251, 269) is hereby repealed.
This section shall be deemed a section of the Balanced Budget
Act of 1997 for the purposes of section 10213 of that Act (111
Stat. 712), and shall be scored pursuant to paragraph (2) of
such section.
Sec. 623. Report on Universal Service Under the
Telecommunications Act of 1996.--(a) The Federal Communications
Commission shall undertake a review of the implementation by
the Commission of the provisions of the Telecommunications Act
of 1996 (Public Law 104-104) relating to universal service.
Such review shall be completed and submitted to the Congress no
later than April 10, 1998.
(b) The report required under subsection (a) shall provide
a detailed description of the extent to which the Commission
interpretations reviewed under paragraphs (1) through (5) are
consistent with the plain language of the Communications Act of
1934 (47 U.S.C. 151 et seq.), as amended by the
Telecommunications Act of 1996, and shall include a review of--
(1) the definitions of ``information service,''
``local exchange carrier,'' ``telecommunications,''
``telecommunications service,'' ``telecommunications
carrier,'' and ``telephone exchange service'' that were
added to section 3 of the Communications Act of 1934
(47 U.S.C. 153) by the Telecommunications Act of 1996
and the impact of the Commission's interpretation of
those definitions on the current and future provision
of universal service to consumers in all areas of the
nation, including high cost and rural areas;
(2) the application of those definitions to mixed
or hybrid services and the impact of such application
on universal service definitions and support, and the
consistency of the Commission's application of those
definitions, including with respect to Internet
accessunder section 254(h) of the Communications Act of 1934 (47 U.S.C.
254(h));
(3) who is required to contribute to universal
service under section 254(d) of the Communications Act
of 1934 (47 U.S.C. 254(d)) and related existing federal
universal service support mechanisms, and of any
exemption of providers or exclusion of any service that
includes telecommunications from such requirement or
support mechanisms;
(4) who is eligible under sections 254(e),
254(h)(1), and 254(h)(2) of the Communications Act of
1934 (47 U.S.C. 254(e), 254(h)(1), and 254(h)(2)) to
receive specific federal universal service support for
the provision of universal service, and the consistency
with which the Commission has interpreted each of those
provisions of section 254; and
(5) the Commission's decisions regarding the
percentage of universal service support provided by
federal mechanisms and the revenue base from which such
support is derived.
Sec. 624. Section 6(d)(1) of the National Foundation on the
Arts and the Humanities Act of 1965 (20 U.S.C. 955(d)(1)) is
amended by striking the word ``fourteen'' and inserting in lieu
thereof ``eight''.
Sec. 625. (a) Section 814(g)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 2291
note) is amended by striking ``$325,000'' and inserting
``$370,000''.
(b) Section 814(i) of such section is amended by striking
``September 30, 1997'' and inserting ``September 30, 1999''.
Sec. 626. (a) In General.--Notwithstanding any provision of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.), the Administrator of General Services
shall convey, to any person that acquires an interest in the
Naval Petroleum Reserve Numbered 1 (Elk Hills) under subtitle B
of title XXXIV of the National Defense Authorization Act for
Fiscal Year 1996 (110 Stat. 631), not to exceed 318 motor
vehicles that are leased for use at that reserve on November 6,
1997.
(b) Procedures and Requirements.--Any conveyance of motor
vehicles under this section shall be made--
(1) after payment to the United States of
consideration equal to the fair market value of the
motor vehicles; and
(2) under procedures, terms, and conditions that
shall be established by negotiation between the
Administrator of General Services and the person to
whom the motor vehicles are conveyed.
(c) Treatment of Proceeds.--Amounts received by the United
States as consideration for motor vehicles conveyed under this
section shall be retained in the General Supply Fund and
available in the same manner as are increments for estimated
replacement cost of motor vehicles under section 211(d)(2) of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 491(d)(2)).
Sec. 627. Section 19(a) of the Indian Gaming Regulatory Act
(25 U.S.C. 2718(a)) is amended to read as follows:
``(a) Subject to section 18, there are authorized to be
appropriated, for fiscal year 1998, and for each fiscal year
thereafter, an amount equal to the amount of funds derived from
the assessments authorized by section 18(a).''.
Sec. 628. Notwithstanding the failure of Clarence P.
Stewart of Broadway, North Carolina, to file a timely appeal of
his wrongful dismissal, during a reduction in force, from the
Department of Agriculture as a State Executive Director for the
former Agricultural Stabilization and Conservation Service of
the Department, the Secretary of Agriculture shall cause
Clarence P. Stewart to be affordedrelief that is fully
commensurate with the relief afforded the similarly-dismissed
appellants in the case before the Merit Systems Protection Board styled
Blalock v. Department of Agriculture, 28 M.S.P.R. 17 (1985).
Sec. 629. Funds made available under Public Law 103-112 for
the purposes of section 2007 of the Social Security Act shall
be considered ``qualified nonprivate funds'' for the purposes
of section 103(13)(B) of the Small Business Investment Act of
1958 (15 U.S.C. 662(13)(B)); provided such funds were invested
on or before July 1, 1995 in a licensee that was licensed prior
to July 1, 1990 under section 301 of the Small Business
Investment Act of 1958 (15 U.S.C. 681).
Sec. 630. Section 332 of the Act making appropriations for
the Department of the Interior and related agencies for the
fiscal year ending September 30, 1998, and for other purposes,
H.R. 2107 (105th Congress, 1st Session), is amended as
follows--
(1) after ``October 1, 1997'' strike ``, or'' and
insert in lieu thereof ``; those national forests'';
and
(2) after ``court-ordered to revise'' strike ``,''
and insert in lieu thereof ``; and the White Mountain
National Forest''.
Sec. 631. Section 512(b) of Public Law 105-61 is amended by
adding before the period: ``unless the President announced his
intent to nominate the individual prior to November 30, 1997''.
Sec. 632. (a) In General.--The Secretary of Energy shall--
(1) convey, without consideration, to the
Incorporated County of Los Alamos, New Mexico (in this
section referred to as the ``County''), or to the
designee of the County, fee title to the parcels of
land that are allocated for conveyance to the County in
the agreement under subsection (e); and
(2) transfer to the Secretary of the Interior, in
trust for the Pueblo of San Ildefonso (in this section
referred to as the ``Pueblo''), administrative
jurisdiction over the parcels that are allocated for
transfer to the Secretary of the Interior in such
agreement.
(b) Preliminary Identification of Parcels of Land for
Conveyance or Transfer.--(1) Not later than 90 days after the
date of enactment of this Act, the Secretary of Energy shall
submit to the congressional defense committees a report
identifying the parcels of land under the jurisdiction or
administrative control of the Secretary at or in the vicinity
of Los Alamos National Laboratory that are suitable for
conveyance or transfer under this section.
(2) A parcel is suitable for conveyance or transfer for
purposes of paragraph (1) if the parcel--
(A) is not required to meet the national security
mission of the Department of Energy or will not be
required for that purpose before the end of the 10-year
period beginning on the date of enactment of this Act;
(B) is likely to be conveyable or transferable, as
the case may be, under this section not later than the
end of such period; and
(C) is suitable for use for a purpose specified in
subsection (h).
(c) Review of Title.--(1) Not later than one year after the
date of enactment of this Act, the Secretary shall submit to
the congressional defense committees a report setting forth the
results of a title search on each parcel of land identified as
suitable for conveyance or transfer under subsection (b),
including an analysis of any claims against or other
impairments to the fee title to each such parcel.
(2) In the period beginning on the date of the completion
of the title search with respect to a parcel under paragraph
(1) and ending on the date of the submittal of the report under
that paragraph, the Secretary shall take appropriate actions to
resolve the claims against or other impairments, if any, to fee
title that are identified with respect to the parcel in the
title search.
(d) Environmental Restoration.--(1) Not later than 21
months after the date of enactment of this Act, the Secretary
shall--
(A) identify the environmental restoration or
remediation, if any, that is required with respect to
each parcel of land identified under subsection (b) to
which the United States has fee title;
(B) carry out any review of the environmental
impact of the conveyance or transfer of each such
parcel that is required under the provisions of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(C) submit to Congress a report setting forth the
results of the activities under subparagraphs (A) and
(B).
(2) If the Secretary determines under paragraph (1) that a
parcel described in paragraph (1)(A) requires environmental
restoration or remediation, the Secretary shall, to the maximum
extent practicable, complete the environmental restoration or
remediation of the parcel not later than 10 years after the
date of enactment of this Act.
(e) Agreement for Allocation of Parcels.--As soon as
practicable after completing the review of titles to parcels of
land under subsection (c), but not later than 90 days after the
submittal of the report under subsection (d)(1)(C), the County
and the Pueblo shall submit to the Secretary an agreement
between the County and the Pueblo which allocates between the
County and the Pueblo the parcels identified for conveyance or
transfer under subsection (b).
(f) Plan for Conveyance and Transfer.--(1) Not later than
90 days after the date of the submittal to the Secretary of
Energy of the agreement under subsection (e), the Secretary
shall submit to the congressional defense committees a plan for
conveying or transferring parcels of land under this section in
accordance with the allocation specified in the agreement.
(2) The plan under paragraph (1) shall provide for the
completion of the conveyance or transfer of parcels under this
section not later than 9 months after the date of the submittal
of the plan under that paragraph.
(g) Conveyance or Transfer.--(1) Subject to paragraphs (2)
and (3), the Secretary shall convey or transfer parcels of land
in accordance with the allocation specified in the agreement
submitted to the Secretary under subsection (e).
(2) In the case of a parcel allocated under the agreement
that is not available for conveyance or transfer inaccordance
with the requirement in subsection (f)(2) by reason of its requirement
to meet the national security mission of the Department, the Secretary
shall convey or transfer the parcel, as the case may be, when the
parcel is no longer required for that purpose.
(3)(A) In the case of a parcel allocated under the
agreement that is not available for conveyance or transfer in
accordance with such requirement by reason of requirements for
environmental restoration or remediation, the Secretary shall
convey or transfer the parcel, as the case may be, upon the
completion of the environmental restoration or remediation that
is required with respect to the parcel.
(B) If the Secretary determines that environmental
restoration or remediation cannot reasonably be expected to be
completed with respect to a parcel by the end of the 10-year
period beginning on the date of enactment of this Act, the
Secretary shall not convey or transfer the parcel under this
section.
(h) Use of Conveyed or Transferred Land.--The parcels of
land conveyed or transferred under this section shall be used
for historic, cultural, or environmental preservation purposes,
economic diversification purposes, or community self-
sufficiency purposes.
(i) Treatment of Conveyances and Transfers.--(1) The
purpose of the conveyances and transfers under this section is
to fulfill the obligations of the United States with respect to
Los Alamos National Laboratory, New Mexico, under sections 91
and 94 of the Atomic Energy Community Act of 1955 (42 U.S.C.
2391, 2394).
(2) Upon the completion of the conveyance or transfer of
the parcels of land available for conveyance or transfer under
this section, the Secretary shall make no further payments with
respect to Los Alamos National Laboratory under section 91 or
section 94 of the Atomic Energy Community Act of 1955.
(j) Repeal of Superseded Provision.--In the event of the
enactment of the National Defense Authorization Act for Fiscal
Year 1998 by reason of the approval of the President of the
conference report to accompany the bill (H.R.1119) of the 105th
Congress, section 3165 of such Act is repealed.
Sec. 633. Effective only for losses beginning March 1, 1997
through the date of enactment of this Act, the Secretary of
Agriculture may use up to $6,000,000 from proceeds earned from
the sale of grain in the disaster reserve established in the
Agricultural Act of 1970 to implement a livestock indemnity
program for losses from natural disasters pursuant to a
Presidential or Secretarial declaration requested subsequent to
enactment of Public Law 105-18 and prior to December 1, 1997,
in a manner similar to catastrophic loss coverage available for
other commodities under 7 U.S.C. 1508(b): Provided, That in
administering a program described in the preceding sentence,
the Secretary shall, to the extent practicable, utilize gross
income and payment limitations conditions established for the
Disaster Reserve Assistance Program for the 1996 crop year:
Provided further, That the entire amount shall be available
only to the extent an official budget request, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 634. During fiscal year 1998, from funds available to
the Department of Defense, up to $800,000 is available to the
Department of Defense to compensate persons who have suffered
documented commercial loss of cranberry crops in 1997 in the
Mashpee or Falmouth bogs, located on the Quashnet and
Coonamessett Rivers,respectively, as a result of the presence
of ethylene dibromide (EDB) in or on cranberries from either of the
plumes of EDB-contaminated groundwater known as ``FS-28'' and ``FS-1''
adjacent to the Massachusetts Military Reservation, Cape Cod,
Massachusetts.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading on
September 30, 1997, $100,000,000 are rescinded.
TITLE VIII--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', for emergency expenses to provide disaster
assistance pursuant to section 312(a) of the Magnuson-Stevens
Fishery Conservation and Management Act for the Bristol Bay and
Kuskokwim areas of Alaska, $7,000,000 to remain available until
expended: Provided, That the entire amount is designated by
Congress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that the
Secretary of Commerce transmits a determination that there is a
commercial fishery failure.
This Act may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998''.
And the Senate agree to the same.
Harold Rogers,
Jim Kolbe,
Ralph Regula,
Mike Forbes,
Tom Latham,
Bob Livingston,
Alan B. Mollohan,
David E. Skaggs,
(except for sections 209,
210, 502, and 505),
Julian C. Dixon,
Managers on the Part of the House,
Judd Gregg,
Ted Stevens,
Pete Domenici,
Mitch McConnell,
Kay Bailey Hutchison,
Ben Nighthorse Campbell,
Thad Cochran,
Fritz Hollings,
Daniel Inouye,
Dale Bumpers,
Frank Lautenberg,
Barbara A. Mikulski,
Robert C. Byrd,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2267) making
appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies for the fiscal year
ending September 30, 1998, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
The legislative intent in the House and Senate versions in H.R.
2267 is set forth in the accompanying House report (H. Rept.
105-207) and the accompanying Senate report (S. Rept. 105-48).
Senate Amendment: The Senate deleted the entire House
bill after the enacting clause and inserted the Senate bill.
The conference agreement includes a revised bill.
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
The conference agreement includes $76,199,000 for General
Administration, as proposed in the House bill, instead of
$79,373,000 as proposed in the Senate bill. Funding is provided
in accordance with the House and Senate reports with the
following exceptions for program increases. The conference
agreement assumes $3,600,000 for continued support for
counterterrorism security initiatives provided in fiscal year
1997, $426,000 for additional staffing for the Office of
Professional Responsibility, and $1,100,000 for adjustments to
base. The conferees also support the transfer of $5,000,000
from the INS Examinations Fee account to the General
Administration account for Justice Management Division
oversight of the naturalization program, as provided in the
House report. In addition, the conferees support
recommendations in the House and Senate reports regarding
development of a drug strategy, restructuring of the INS and
review of capital case prosecutions.
The conference agreement also includes a provision as
proposed in the House bill, that prohibits the Offices of
Legislative and Public Affairs from being supplemented by
reimbursable and non-reimbursable details.
Format for Budget Submissions and Reprogrammings.--The
Senate report included a number of concerns with the
presentation of budget submissions and the number of
reprogramming requests for the Department of Justice. The
conferees agree that instead of adopting the recommendations in
the Senate report for changes to these submissions, the
Department of Justice should consult with the Committees on
Appropriations of both the House and Senate on options to
consolidate budget submissions for Department of Justice
programs funded through various funding sources and to
streamline its reprogramming submissions.
counterterrorism fund
The conference agreement includes $52,700,000 for the
Counterterrorism Fund, instead of $20,000,000 as proposed in
the House bill and $29,450,000 as proposed in the Senate bill.
The conferees understand that in addition to amounts provided
in this bill,unobligated balances of $28,169,000 remain
available from previous appropriations for authorized purposes of this
Fund.
Within the amounts provided in the conference agreement,
$32,700,000 is included for a new Department of Justice
counterterrorism initiative to address the increasing threat of
domestic and international terrorism. The conferees remain
committed to ensuring that law enforcement and the intelligence
community have a comprehensive strategy to combat domestic and
international terrorism, and that anti-terrorism,
counterterrorism, and security efforts are aggressively pursued
and given the highest priority.
Last year, Congress directed the Attorney General to
consult with other key departments and agencies and to submit a
comprehensive counterterrorism strategy. That strategy was
provided to the Congress in May, 1997. During subsequent
oversight hearings conducted by both the House and Senate
Appropriations Committees, it became apparent that
vulnerabilities to our national security still exist,
especially with respect to the emerging threats from chemical
and biological agents and cyber-attacks on computer systems
within the United States. The conferees agree that additional
emphasis is needed to coordinate efforts among the many
participating departments and agencies that have personnel,
resources, and expertise to contribute to this critical mission
and to move efforts forward in a multilateral and
institutionalized manner.
Counterterrorism Technology Research and Development.--Of
the amount provided, $1,000,000 is included for the Attorney
General, in consultation with the Secretary of Defense, the
Secretary of State, the Secretary of the Treasury, the Director
of the Federal Bureau of Investigation, the Director of Central
Intelligence, and drawingupon expertise of academia, the
private sector and State and local law enforcement, to develop a five-
year inter-departmental counterterrorism and technology crime plan that
is representative of all participating agencies that: (1) identifies
critical technologies for targeted research and development efforts;
(2) outlines strategies for preventing, deterring and reducing
vulnerabilities to terrorism and improving law enforcement agency
capabilities to respond to terrorist acts while ensuring interagency
cooperation; (3) outlines strategies for integrating crisis and
consequence management; (4) outlines strategies to protect our National
Information Infrastructure and explore critical technologies through
research and development; and (5) outlines strategies to improve State
and local capabilities for responding to terrorist acts involving
bombs, improvised explosive devices, chemical and biological agents and
cyber-attacks. The conferees expect that this plan will serve as a
baseline strategy for coordination of national policy and operational
capabilities to combat terrorism and will be updated annually to
institutionalize this effort. A prospectus shall be submitted in an
expanded outline format with estimated time lines and major milestones
for completion of the unified counterterrorism and technology crime
plan, to the Committee on Appropriations of both the House and Senate
no later than February 1, 1998. The final plan shall be submitted to
appropriate congressional committees no later than December 31, 1998.
In addition, $10,500,000 is provided for the Attorney
General to conduct a directed priority research and development
program in engineering, communications, forensic sciences and
tactical disciplines, and including an emphasis on fieldable
technology development and deployment, through appropriate
Federal agencies, universities, national laboratories and the
private sector. Within these amounts, the Attorney General is
to provide $2,000,000 for the Security Technology Program of
the Southwest Surety Institute, administered by New Mexico
State University, the New Mexico Institute of Mining and
Technology, and Arizona State University, to conduct research
and training on law enforcement and security technologies for
the protection of persons, facilities, and information and for
limiting the threat of terrorist activities. In addition, the
conferees note the importance and usefulness of the development
of explosives detection technology in assisting law enforcement
personnel in the detection of explosive materials before a
bombing incident. Within the amount provided, the conferees
expect the Federal Bureau of Investigation to pursue research
and development of explosives detection technology.
Improving State and Local Response Capabilities.--The
conference agreement includes $21,200,000 to ensure that State
and local agencies have basic equipment and training for
responding to chemical or biological incidents and incidents
involving improvised explosive devices. Within this amount,
$16,000,000 is provided for acquisition of personnel protective
gear, and detection, decontamination, and communications
equipment for State and local agencies and for response
training. The conferees direct the Attorney General to provide
$2,000,000 to support operations of the State and local
training center for First Responders at Fort McClellan,
Alabama, $2,000,000 for the operations of a similar training
center in conjunction with the Energetic Materials Research and
Testing Center at the New Mexico Institute of Mining and
Technology, and also urge the use of existing national assets
including the National Emergency Response and Rescue Training
Center at the Texas Engineering Extension Service and the
Nevada Test Site, to serve as national training centers to
prepare relevantFederal, State and local officials, including
law enforcement, firefighters, emergency medical personnel, and other
key agencies such as public works and emergency management agencies, to
prepare for and respond to chemical, biological, or other terrorist
acts.
Within the overall amount provided, $5,200,000 is
included for bomb technician training at the Hazardous Devices
School at Redstone Arsenal, Alabama to improve capabilities of
State and local agencies to respond to incidents involving
improvised explosive devices.
The conferees direct the Attorney General to develop a
plan for directing and coordinating training and exercise
activities and expect this plan to be prepared with
consultation of other appropriate agencies to ensure the
curriculum and training provided are consistent with overall
national counterterrorism preparedness programs and goals.
administrative review and appeals
The conference agreement includes $129,258,000 for
Administrative Review and Appeals instead of $125,700,000 as
proposed in the House bill and $79,258,000 as proposed in the
Senate bill, of which $59,251,000 is provided from the Violent
Crime Reduction Trust Fund (VCRTF). Of the total amount
provided, $1,557,000 is included for the Office of the Pardon
Attorney and $127,701,000 is included for the Executive Office
for Immigration Review (EOIR). Within amounts provided for
EOIR, $6,480,000 is included to support 18 additional
immigration judges for border control, removal of criminal and
non-criminal aliens, and interior deterrence initiatives,
$3,525,000 is for ten additional immigration judges to address
additional caseload related to deportation provisions in the
Anti-Terrorism and Effective Death Penalty Act of 1996, and
$140,000 is for electronic freedom of information requirements
and systems modernization.
Office of Inspector General
The conference agreement includes $33,211,000 for the
Office of Inspector General, as proposed in Senate bill,
instead of $35,211,000 as proposed in the House bill. In
addition, the conference agreement includes a provision, as
proposed in the House bill, that allows the Attorney General to
transfer up to one-tenth of one percent of grant funds provided
under the Violent Crime Reduction Trust Fund (VCRTF) to the
Office of the Inspector General for audit and review of these
grant programs.
The conference agreement also assumes that in addition to
amounts provided from direct appropriations, $3,695,000 will be
provided to the Office of Inspector General from the INS
Examinations Fee account for the investigation and review of
the INS Citizenship U.S.A. program.
United States Parole Commission
salaries and expenses
The conference agreement includes $5,009,000 for the U.S.
Parole Commission, as proposed in the Senate bill, instead of
$4,799,000 as proposed in the House bill. Funding is provided
in accordance with the Senate report.
Legal Activities
salaries and expenses, general legal activities
The conference agreement includes $452,169,000 for
General Legal Activities, instead of $453,269,000 as proposed
in the House bill and $445,147,000 as proposed in the Senate
bill, of which $7,969,000 is provided from the Violent Crime
Reduction Trust Fund (VCRTF) as proposed in both the House and
Senate bills.
Funding is provided in accordance with the House and
Senate reports with the following exceptions for program
increases. The amount provided in the conference agreement
provides pay and inflation increases for all divisions and the
following program increases: (1) $1,077,000 for the Criminal
Division to support the Southwest Border initiative, Federal
capital case prosecutions, international extradition and
overseas positions in Brasilia; (2) $462,000 for Tax Division
prosecutions; (3) $5,483,000 for the Civil Division's defense
of claims under the Financial Institution Reform, Recovery and
Enforcement Act. In addition, the conferees expect that within
the amounts provided for the Criminal Division, $300,000 will
be used to enhance support for the Office of Special
Investigations activities involving Nazi war criminals and that
the Criminal Division will work with its counterparts in the
Department of State to increase the effectiveness of bi-lateral
prisoner transfer treaties, as stated in the House report.
The conference agreement allows $17,525,000 to remain
available until expended for office automation systems as
proposed in the House bill instead of $24,555,000 as proposed
in the Senate bill. In addition, the conferees direct the
Attorney General to use $7,100,000 of surplus balances in the
Assets Forfeiture Fund to support implementation of the Justice
Consolidated Office Network.
The conference agreement does not include a provision, as
proposed in the Senate bill, that would limit the level of
staffing and resources for the Offices of Legislative and
Public Affairs.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 1998 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed in both the House and Senate bills.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement provides $93,495,000 for the
Antitrust Division, instead of $94,542,000 as proposed in the
House bill and $92,447,000 as proposed in the Senate bill. The
conference agreement assumes that of the amount provided,
$70,000,000 will be derived from fees collected in fiscal year
1998 and $18,000,000 will be derived from estimated unobligated
fee collections available from 1997, resulting in a net direct
appropriation of $5,495,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,035,288,000 for the
U.S. Attorneys, instead of $1,035,828,000 as proposed in the
House bill and $1,032,532,000 as proposed in the Senate bill,
of which $62,828,000 is provided from the Violent Crime
Reduction Trust Fund (VCRTF) as proposed in the House bill
instead of $46,128,000 as proposed in the Senate bill.
Funding is provided in accordance with the House and
Senate reports with the following exceptions for program
increases. The amount provided in the conference agreement
provides the following program increases: (1) $3,897,000 for
the U.S. Attorneys support of the Southwest Border initiative;
(2) $9,786,000 for increased drug prosecutions, including
additional funding to support U.S. Attorney-led drug task force
projects and support for High Intensity Drug Trafficking Area
task forces; (3) $2,000,000 to support the continuation and
expansion of Violent Crime Task Forces in New Hampshire and
South Carolina into demonstration projects focused on specific
law enforcement problems such as the impact of spillover
violence coming from high crime urban areas into much smaller
neighboring jurisdictions or the identification, investigation,
and prosecution of violent, repeat offenders operating either
alone, as part of a gang, or as part of a drug enterprise; (4)
$6,237,000 for activation of the National Advocacy Center; (5)
$632,000 for child support enforcement; and (6) $7,785,000 for
critical staffing needs for D.C. Superior Court, including
$3,349,000 for support staff and $4,416,000 for attorney and
support staff for increased prosecutions, unsolved homicides,
gang prosecutions and Operation Ceasefire. In addition, the
conference agreement provides reimbursable funding for the U.S.
Attorneys of $853,000 from Violence AgainstWomen Act grants for
domestic violence prosecutions in the District of Columbia and
$6,596,000 from the Office of Victims of Crime to support 93 additional
staff assigned to U.S. Attorneys Offices for victims assistance. In
addition, within the amounts provided, the conferees agree that an
additional $100,000 should be used to support the U.S. Attorneys Office
in Guam for use in the Commonwealth of the Northern Mariana Islands.
The conferees agree that additional resources are needed
to address the high volume of cases in the District of Columbia
and have provided 33 attorneys to support this caseload. The
conferees are also aware that the U.S. Attorneys Office is
proposing to restructure its entire D.C. Superior Court section
under a community prosecution model based on a pilot project in
the Fifth District. While it is understood that the Fifth
District pilot project has shown evidence of some success, the
conferees believe that before an entire restructuring is
implemented, a full evaluation of this approach, including an
analysis of cost effectiveness of this model, should be
completed. The conferees understand that the National Institute
of Justice is currently documenting strategies that have
emerged in the Fifth District pilot project and possible ways
to measure the success of this project and is expected to
complete this work by May 1998. In addition, the conferees
expect an evaluation of the Fifth District pilot project to
include an analysis of the ``papering'' process, which
identifies how many arrested suspects were not charged due to:
(1) violation of suspects' Constitutional rights; (2)
unwillingness of victims to cooperate with law enforcement; (3)
recantation by, or challenge of the veracity of, witnesses or
victims; (4) lack of probable cause for arrests; (5) subsequent
determination that alleged crimes were perpetrated by others or
did not occur; (6) lack of evidence; and (7) offenses falling
under the jurisdiction of the Office of the Corporation
Counsel. For the remaining cases where papering did not occur,
the D.C. U.S. Attorneys Office shall identify the reasons it
failed to file charges and outline any steps necessary to
correct deficiencies in its handling of the papering process.
The conferees also expect the U.S. Attorneys and other
Department of Justice components to redirect base resources
previously provided for financial institution fraud, in
accordance with the notification provided to the Committees on
August 1, 1997, to increase its prosecutive and investigative
efforts for fraud, white collar crime and defensive civil
litigation.
The conference agreement also includes the following
provisions: (1) allows $1,200,000 to remain available until
expended for development of an information systems strategy for
D.C. Superior Court, as proposed in the House bill; (2) allows
$2,500,000 to remain available until expended for the National
Advocacy Center, as proposed in the Senate bill; (3) allows
$2,000,000 for Violent Crime Task Forces to remain available
until expended, similar to a proposal in the Senate bill; (4)
allows $6,000,000 to remain available until expended for office
moves, as proposed in the House bill; and (5) provides the
total number of positions and full-time equivalent employment
expected to be supported by the level of resources provided, as
proposed in both the House and Senate bills.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement provides $114,248,000 in budget
(obligation) authority for the U.S. Trustees, to be entirely
funded from offsetting fee collections, instead of $107,950,000
as proposed in the House bill and $116,721,000 as proposed in
the Senate bill. The amount provided in the conference
agreement includes increases for thefollowing activities: (1)
$4,952,000 to address increases in bankruptcy filings; (2) $2,000,000
to expand the automated fee application review project; (3) $608,000 to
improve security; (4) $200,000 for electronic interface development
with private trustees; (5) $104,000 for improved criminal database
access; and (6) $257,000 for electronic freedom of information
requirements.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement provides $1,226,000 for the
Foreign Claims Settlement Commission as proposed in both the
House and Senate bills, and assumes funding is provided in
accordance with the House and Senate reports.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $493,386,000 for the
U.S. Marshals Service instead of $488,497,000 as provided in
the House bill and $497,339,000 as proposed in the Senate bill.
Of this amount, the conference agreement provides that
$25,553,000 will be derived from the Violent Crime Reduction
Trust Fund (VCRTF) as proposed in both the House and Senate
bills.
The amount included in the conference agreement is
provided in accordance with the House and Senate reports and
includes program increases as follows: (1) $8,695,000 for
staffing and equipment for new and expanded courthouses; (2)
$658,000 for witness security; and (3) $5,145,000 for fugitive
apprehensions. In addition, the conferees direct the Attorney
General to provide a total of $2,134,000 from remaining 1997
balances in the Working Capital Fund and remaining surplus
balances in the Assets Forfeiture Fund, for replacement of
radios. The conferees also adopt the recommendations in the
Senate report regarding funding for the Justice Prisoner and
Alien Transportation System review and video conferencing.
The conference agreement does not include a provision, as
proposed in the Senate bill, that limits the level of staffing
and resources in the Offices of Legislative and Public Affairs.
The conferees are aware that the Department of Justice's
asset forfeiture inventory which is managed by the U.S.
Marshals Service, currently includes a forfeited DC-3 aircraft
which the Department of State International Narcotics and Law
Enforcement Affairs Section has requested be transferred for
international counter-narcotic purposes. The conferees expect
the Department of Justice to give this transfer request
priority consideration and to notify the Committees on
Appropriations of the House and Senate of its intentions before
any further action is taken by the U.S. Marshals Service with
regard to disposal of this aircraft.
The conferees are also concerned about the U.S. Marshals
Service oversight of Court Security Officers in the Fourth
Circuit. The conferees direct the Department of Labor to make a
complete review of wage determinations for Court Security
Officers in the Fourth Circuit, giving specific consideration
to comparable wages and benefits paid to Federal employees and
Federal contract employees in the area. In addition, the
conferees direct the U.S. Marshals Service, before the exercise
of any options, to recompete the Court Security contract for
the Fourth Circuit giving significant consideration to wages
paid to employees and their potential impact on labor
dissension.
FEDERAL PRISONER DETENTION
The conference agreement provides $405,262,000 for
Federal Prisoner Detention, as proposed in both the House and
Senate bills and assumes funding is provided in accordance with
the House and Senate reports.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $75,000,000 for Fees
and Expenses of Witnesses as proposed in both the House and
Senate bills and assumes funding is provided in accordance with
the House and Senate reports.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement provides $5,319,000 for the
Community Relations Service, as proposed in both the House and
Senate bills and in accordance with both the House and Senate
reports. In addition, the conference agreement includes a
provision, as proposed in the House bill, which allows the
Attorney General to transfer up to $2,000,000 of funds
available to the Department of Justice to this program. The
conferees direct the Attorney General to report to the
Committees on Appropriations of the House and Senate if this
transfer authority is exercised.
Assets Forfeiture Fund
The conference agreement provides $23,000,000 for the
Assets Forfeiture Fund as proposed in both the House and Senate
bills, and assumes funding is provided in accordance with both
the House and Senate reports.
Radiation Exposure Compensation
ADMINISTRATIVE EXPENSES
The conference agreement includes $2,000,000 for
administrative expenses in accordance with the Radiation
Exposure Compensation Act, as proposed by both the House and
Senate bills. The conference agreement does not include an
advance appropriation of $2,000,000 for fiscal year 1999 for
this account, as proposed in the House bill.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND
The conference agreement includes $4,381,000 for fiscal
year 1998 for payments to the Radiation Exposure Compensation
Trust Fund, as proposed by both the House and Senate bills and
assumes that funding is provided in accordance with the House
and Senate reports. The conference agreement does not include
an advance appropriation of $29,000,000 for fiscal year 1999
for this program, as proposed in the House bill.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The conference agreement includes $294,967,000 for
Interagency Crime and Drug Enforcement as proposed by both the
House and Senate bills and assumes funding isprovided in
accordance with the House and Senate reports with the following
exception. The conference agreement includes language which allows
$50,000,000 of the funds to be available until expended as proposed in
the House bill instead of allowing all funding to be available until
expended as proposed in the Senate bill.
Federal Bureau of Investigation
salaries and expenses
The conference agreement includes $2,930,042,000 for the
Federal Bureau of Investigation (FBI), instead of
$2,886,065,000 as proposed in the House bill and $3,016,389,000
as proposed in the Senate bill, of which $179,121,000 is
provided from the Violent Crime Reduction Trust Fund (VCRTF) as
proposed in both the House and Senate bills. In addition, the
conference agreement provides that not less than $221,050,000
shall be used for counterterrorism investigations, foreign
counterintelligence, and other activities related to national
security, instead of $147,081,000 as proposed by the House and
$257,601,000 as proposed by the Senate bill. This statement of
managers reflects the agreement of the conferees on how the
funds provided in the conference report are to be spent.
Counterterrorism Initiative.--The conference agreement
includes a significant increase for the FBI to enhance its
counterterrorism readiness capabilities for responding to and
managing incidents involving improvised explosive devices,
chemical and biological agents, and cyber-attacks. The
conference agreement does not include a classified annex for
counterterrorism, as proposed in the Senate bill, and instead
provides additional funding for counterterrorism activities
under this account and the Counterterrorism Fund. The
conference agreement provides a $143,451,000 increase for
counterterrorism activities of the FBI including: (1)
$77,586,000 to annualize 1,019 positions included in fiscal
year 1997 and to provide 245 new positions (including 133
agents) for counterterrorism activities; (2) $11,845,000 and 56
positions (including 34 agents) to establish Computer
Investigative and Infrastructure Threat Assessment (CITAC)
Teams and for technical equipment and contractor support for
the CITAC Center; (3) $900,000 for training and equipment for
Computer Analysis Response Teams; (4) $3,500,000 to equip the
Hostage Rescue Team and field office teams with equipment and
training for responding to a crisis situation involving weapons
of mass destruction; (5) $2,500,000 for operational expenses of
the National Security Division's Weapons of Mass Destruction
program; (6) $2,000,000 for safety equipment and training of
Evidence Response Teams and to outfit the Hazardous Materials
Response Unit with equipment, scientific instruments and
related forensic materials; (7) $1,600,000 for bomb technician
equipment in field offices; and (8) $43,520,000 to upgrade the
capabilities of the FBI for timely deployment of personnel and
equipment to terrorist and hostage incidents through
replacement of aircraft. Within this funding, $10,000,000 is
provided to replace an existing specialized surveillance
aircraft used to support counterterrorism, national security,
and criminal investigations, $23,200,000 is provided to replace
outdated 1960's vintage helicopters used for tactical support,
$5,000,000 is provided to improve aviation surveillance
capabilities for the New York City field office, $2,000,000 is
provided for necessary equipment and related items required for
rapid deployment of the Hostage Rescue Team (HRT) and Special
Weapons and Tactics (SWAT) personnel, $1,500,000 is provided
for helicopter pilot training, $320,000 is provided for advance
aircraft leasing,and $1,500,000 is provided for increasing
costs associated with the availability of aircraft and training mission
support provided by the Department of Defense.
In addition, the conferees agree that the FBI may, within
available 1998 funding, implement the additional authorizations
agreed to by the House and Senate Committees on Intelligence
with respect to 1998 National Foreign Intelligence Program
activities.
Child Sexual Exploitation on the Internet.--The
conference agreement adopts the recommendation in the Senate
report, to expand the FBI's efforts to combat child pornography
and sexual exploitation on the Internet and via on-line service
providers. The conference agreement includes $10,000,000 and 60
new positions (including 25 agents) in accordance with the
Senate report for this initiative.
Southwest Border Initiative and Drug Investigations in
Mexico.--The conference agreement provides $16,717,000 and 138
positions (including 70 agents) to support the Southwest Border
initiative and $2,546,000 and 6 agents for FBI participation on
DEA Task Forces in Mexico.
International Program.--The conference agreement provides
$7,294,000 to expand FBI's Legal Attache program. The conferees
are aware of the FBI's selection process for locations to
station its Legal Attaches abroad and that the FBI has recently
initiated a planning process to address its international
operations that will, among other things, assess the
requirements for and the placement of all Legal Attache
offices. It is conceivable that some existing and proposed
locations may be supplanted during the process by emerging
locations with higher indicated priorities. The conferees
commend the FBI for initiating this process and agree that
prior to further expansion of international operations, the FBI
should complete this comprehensive planning process which goes
well beyond what it has previously attempted. This planning
process should lead to a threat-based, outcome-oriented
operations and activity plan that will allow the FBI to
demonstrate it is allocating its personnel in a manner that
optimizes both effectiveness and impact. The conferees direct
that such a plan, in each instance: (a) identify specific
criminal activity in the United States which has a visible
nexus to the foreign country, (b) analyze the extent and
significance or impact of this criminal activity in the United
States, and (c) specify exactly how placing FBI personnel in
the foreign country will have a significant impact on defeating
or reducing the criminal activity. Thereafter, the plan should
articulate and specify a decision making process that insures
resources are committed to only the highest threat areas where
there is a reasonable expectation of successful outcomes.
Factors such as the status of relations with a particular
nation must be considered. Finally, a regular procedure must be
identified and implemented to measure the effectiveness and
need for each office, with a view toward reallocating resources
when warranted.
Within the amount provided the conferees have included
$1,912,218 for the specific purpose of enhancing existing Legal
Attache Offices in the high international crime threat nexus
countries of Mexico and Russia and $1,203,450 for establishing
an FBI presence in Nigeria. The remaining $4,178,332 provided
in the conference report shall be available for the opening of
new offices or expansion of existing offices, subject to the
reprogramming requirements in section 605 of this Act and only
when the FBI has completed the following activities to
determine the most effective use of these resources: (1)
completion of a planning process which addresses at a minimum
the elements discussed above; (2) application of this process
to a rigorous in-depth examination of theFBI's international
operations including existing as well as anticipated Legal Attache
Offices and extraterritorial squad activities; and (3) development of a
current, outcome-oriented operations and activity plan that identifies
FBI overseas requirements based on demonstrated threat.
Organized Crime/La Cosa Nostra.--The conference agreement
provides $5,000,000 and 47 positions (28 agents), as proposed
in both the House and Senate bills, to enhance investigative
resources addressing the La Cosa Nostra.
Infrastructure Requirements.--The conference agreement
includes an increase of $21,394,000 for the following
activities: (1) $8,000,000 to conduct security reinvestigations
of FBI employees; (2) $2,000,000 to upgrade and strengthen the
capabilities of the National Backstopping Centers; and (3)
$11,394,000 for processing of Freedom of Information and
Privacy Act (FOIA) requests. In addition, the conferees direct
the Attorney General to provide from surplus balances in the
Assets Forfeiture Fund, $9,059,000 for the FBI's acquisition of
a FOIA document processing system and $6,000,000 to begin
replacement of microwave radio communications equipment.
In addition to the items stated above, the conferees
adopt the recommendations included in the House and Senate
reports regarding IAFIS and NCIC 2000, hiring status reports,
$2,000,000 for the Cargo Theft Task Force, consideration of the
development of MDTV at the FBI fingerprint center, veterans
investigations and training curricula of FBI and DEA at the
training facility in Quantico, Virginia, and do not support
consideration of the establishment of an additional training
facility. The conferees are also aware that high-tech crime and
the incidence of crime within the high-tech industry have
become an increasing problem for United States technology
companies and request that the FBI provide a report to the
Committees on Appropriations of both the House and Senate by
March 1, 1998, that outlines FBI's strategic plan to address
this problem, including the current and projected number of
staff and the geographic distribution of resources dedicated to
this issue.
In addition to identical provisions that were included in
both the House and Senate bills, the conference agreement
includes the following provisions: (1) allows $98,400,000 to
remain available until expended, as proposed in the House bill,
of which the conferees expect that $84,400,000 will be used for
expenses related to automation of fingerprint identification
services; (2) allows up to $45,000 to be used for official
reception and representation expenses as proposed in the House
bill, instead of $60,000 as proposed in the Senate bill; and
(3) prohibits funds from being used to provide for ballistics
equipment to State and local entities that have received
similar equipment from other Federal agencies, as proposed in
the House bill. The conference agreement does not include a
provision, included in the Senate bill, that would have limited
the level of staffing and resources in the Offices of
Legislative and Public Affairs.
Telecommunications Carrier Compliance Fund
The conference agreement does not include additional
funding for the Telecommunications Carrier Compliance Fund, for
making payments to telecommunications carriers, equipment
manufacturers, and providers of telecommunications support
services to implement technology changes under the
Communications Assistance for Law Enforcement Act (CALEA), as
proposed in the Senate bill. The House bill included
$50,000,000 for this Fund for national securitypurposes. The
conferees understand there is currently $101,000,000 available in the
Fund which is sufficient to support reimbursement to the
telecommunications industry during fiscal year 1998.
The conferees note with concern, the continued delays in
implementation of the Communications Assistance for Law
Enforcement Act (CALEA). CALEA was enacted over three years ago
and there has been little, if any, progress in developing much
needed upgrades for telecommunications systems to support law
enforcement wiretapping requirements. Based on recent
discussions between the Committees on Appropriations, the
Department of Justice and representatives from the
telecommunications industry, an agreement was reached in an
attempt to move this process forward, which included a
commitment by both the industry and law enforcement that by
January 4, 1998, the Department of Justice will provide to the
Committees on Appropriations: (1) cost estimates for the
development and deployment of the solution; (2) a timeline for
development and deployment of the solution; and (3) two signed
cooperative agreements with appropriate telecommunications
carriers and/or equipment manufacturers. The conferees agree
that completion of these steps will indicate whether or not
industry and law enforcement officials are committed to the
implementation of CALEA and whether additional funding, within
the amounts authorized for reimbursement to the
telecommunications industry, will be provided in the future.
CONSTRUCTION
The conference agreement includes $44,506,000 in direct
appropriations for construction for the Federal Bureau of
Investigation (FBI), instead of $38,506,000 as proposed in the
House bill and $59,006,000 as proposed in the Senate bill.
Within the amount provided, the conference agreement assumes
funding for completion of the FBI laboratory, $4,660,000 for
renovation and realignment of the Los Angeles Field Office,
$2,000,000 to lease a new aviation hangar facility, and
$4,000,000 to address the backlog of repair and maintenance of
FBI-owned facilities in accordance with the Senate report.
Drug Enforcement Administration
SALARIES AND EXPENSES
The conference agreement includes $1,127,378,000 for the
salaries and expenses of the Drug Enforcement Administration
(DEA), instead of $1,124,500,000 as proposed in the House bill
and $1,080,382,000 as proposed in the Senate bill, of which
$403,537,000 is provided from the Violent Crime Reduction Trust
Fund (VCRTF), instead of $310,037,000 as proposed in the House
bill and $441,117,000 as proposed in the Senate bill. In
addition to amounts appropriated, the conference agreement
assumes that $58,268,000 will be available from the Diversion
Control Fund for diversion control activities and assumes
funding is provided in accordance with the House and Senate
reports. This statement of managers reflects the agreement of
the conferees on how the funds provided in the conference
report are to be spent.
The conference agreement adopts the recommendation in the
House report to significantly expand DEA's efforts to address
drug trafficking throughout the Caribbean. The conference
agreement includes $34,217,000 and 60 new agents in accordance
with the House report for this initiative. In addition, the
conference agreement includes the following program increases:
(1) $29,741,000 to support counter-drug efforts along
theSouthwest border, in accordance with the House and Senate reports;
(2) $11,046,000 and 54 agents targeted at methamphetamine production
and trafficking, in accordance with the House report; (3) $10,000,000
and 120 positions for efforts to reduce heroin trafficking, in
accordance with the Senate report; and (4) $39,534,000 to address
crucial investigative and intelligence infrastructure requirements,
including $19,425,000 for DEA's FIREBIRD data processing system and
MERLIN intelligence system, $4,670,000 for ADP maintenance and
equipment, $5,638,000 for 85 additional intelligence analysts,
$1,000,000 for DEA support for new High Intensity Drug Trafficking
Areas, $7,801,000 for relocation of agents, and $1,000,000 for aircraft
replacement. In addition, the conference agreement does not include a
provision, included in the Senate bill, that limits the level of
staffing and resources in the Offices of Legislative and Public
Affairs.
The conferees also adopt recommendations in the Senate
report regarding the drug diversion control fee account and the
DEA training facility in Quantico, Virginia. In addition, the
conferees request that DEA provide to the Committees on
Appropriations, any information that it has available regarding
the impact in the Caribbean on increases in drug trafficking
resulting from a recent decision of the World Trade
Organization to discontinue the special relationship of
Caribbean countries to the European Union.
construction
The conference agreement includes $8,000,000 in direct
appropriations for construction for the Drug Enforcement
Administration (DEA), instead of $5,500,000 as proposed in the
House bill and $10,500,000 as proposed in the Senate bill.
Within the amount provided, the conference agreement assumes
$5,500,000 will be used for reconstruction of five of DEA's
regional laboratory facilities and $2,500,000 will be used to
address the backlog of repair and maintenance of DEA-owned
facilities, in accordance with the Senate report.
Immigration and Naturalization Service
salaries and expenses
The conference agreement includes $2,266,092,000 for the
salaries and expenses of the Immigration and Naturalization
Service (INS), instead of $2,297,398,000 as proposed in the
House bill and $2,150,097,000 as proposed in the Senate bill,
of which $608,206,000 is provided from the Violent Crime
Reduction Trust Fund (VCRTF), instead of $690,957,000 as
proposed in the House bill and $719,898,000 as proposed in the
Senate bill. In addition to amounts appropriated, the
conference agreement assumes that $1,461,183,000 will be
available from offsetting fee collections, instead of
$1,215,191,000 as proposed by the House and $1,198,659,000 as
proposed by the Senate bill. Thus, including resources provided
under construction, the conference agreement provides a total
operating level of $3,803,234,000 for INS, instead of
$3,583,548,000 as proposed by the House, $3,422,315,000 as
proposed by the Senate bill, and $3,652,175,000 as requested by
the Administration. This statement of managers reflects the
agreement of the conferees on how the funds provided in the
conference report are to be spent.
Border Control.--The conference agreement includes: (1)
$125,322,000 for 1,000 new border patrol agents and 136 support
personnel, instead of 500 new agents as requested by the
Administration; (2) $42,500,000 for border patrol equipment
andtechnology including forward-looking infrared scopes, airborne
electro-optical survelliance systems, night vision scopes, radios,
sensors, low light television systems, and of which $16,200,000 is
provided for continued development and deployment of the ENFORCE and
IDENT systems; and (3) $11,500,000 for land border automation systems.
The conferees are aware that new border technologies exist which are
alleged to be useful in improving the overall effectiveness of border
control efforts and encourage the INS to examine the feasibility and
cost effectiveness of using various types of aircraft, airborne
surveillance platforms (both manned and unmanned), electro-optical and
infrared sensor systems and geographic positioning and mobile command
and control systems, for border patrol operations.
The conference agreement adopts recommendations included
in the House and Senate reports for continued reports on Border
Patrol hiring, training and enforcement strategy, and a pilot
project for reimbursement for emergency ambulance services in
Nogales, Arizona.
Interior Enforcement/Removal of Deportable Aliens.--The
conference agreement includes the following increases to
enhance INS' ability to deport illegal aliens: (1) $48,321,000
to provide 1,864 additional detention bedspaces at INS
facilities in Buffalo, New York and Krome, Florida, a contract
facility in San Diego, California and additional contracts with
State and local agencies; (2) $12,073,000 to locate and remove
deportable aliens; (3) $6,751,000 to expand the local jail
program; and (4) $5,000,000 to expand the Law Enforcement
Support Center (LESC). Because direct appropriations have been
provided for the LESC, the conference agreement assumes that
$3,800,000 of enforcement fines resources previously used to
support the LESC will be used to support base border
patroltechnology requirements. However, within overall amounts
available to INS, the conferees expect INS to expand LESC services to
Utah.
The conference agreement also assumes that $104,471,000
of additional funding from the Breached Bond/Detention Account
will support 1,136 additional detention bedspaces in fiscal
year 1998, bringing the total funded level of detention
bedspaces to 15,050, an increase of 3,000 detention beds over
fiscal year 1997.
The conference agreement also adopts the recommendation
in the House report regarding the need for a revised interior
enforcement strategy which the INS is expected to submit to the
Committees on Appropriations of both the House and Senate by
April 1, 1998. In addition, the conferees agree with language
included in the House and Senate reports regarding continued
support for the local jail programs in Anaheim City and Ventura
County, California, and the California Criminal Alien
Identification and Intervention Program, escort of deported
criminal aliens on commercial passenger aircraft, and
implementation of a cross-deputization pilot project with a
qualified State and local law enforcement agency. The conferees
also expect INS to use funding provided for verification
systems in accordance with the House report and also support
the use of $3,948,000 of this funding to provide 69 positions
for status verification.
In addition, the conferees agree to a modified plan,
proposed by the State Department, for orphan adoptions in the
Russian Far East. Consular officers in Vladivostok will forward
approved immigrant visa applications to Moscow by courier for
final processing. Final processing and return of immigrant
visas to Vladivostok will occur within the 10-day waiting
period after final adoption hearings. The conferees commend INS
for its cooperation in developing this plan.
Deployment of Resources.--The conferees expect the INS to
continue its consultation with the Committees on Appropriations
of both the House and Senate before deployment of new border
patrol agents and additional staffing included in this
conference agreement.
Naturalization.--The conference agreement provides over
$163,000,000 to address naturalization caseload and to improve
the integrity of the naturalization process. Within the amounts
provided from direct appropriations, the following increases
are included: (1) $16,830,000 for purchase and installation of
fingerprint scanners; and (2) $3,391,000 for revocation of
citizenship for criminals improperly naturalized. The conferees
agree with the recommendation in the House report that requires
INS to report on a quarterly basis on the status of the
revocation proceedings and any actions that follow for
deportation.
In addition, the conference agreement includes two
provisions to address the INS fingerprinting process for
applicant benefits. A provision is included, as proposed in the
House bill, which requires INS to wait for the FBI to complete
both a name and fingerprint criminal history check before
completing the adjudication of an application for citizenship.
The conference agreement also includes language, similar to
language included in both the House and Senate bills, that
prohibits INS from accepting fingerprint cards for applicant
benefits from any individual or entity other than a State and
local law enforcement agency or the Departments of State and
Defense which are authorized to perform fingerprinting services
for applicants applying for immigration benefits who are
residing abroad. The conferees understand that INS is fully
prepared to accept this fingerprinting responsibility and has
entered into a contract to provide personnel toconduct
fingerprinting services at INS locations. It is further understood that
the contractor performing these services for the INS will lease space,
hire contract personnel, and operate the INS fingerprint facilities but
that INS personnel will be stationed at all times at each such facility
to ensure quality control and to supervise the operation of the
facility. In addition, the contractor will file with INS on a monthly
basis a certification that all its employees performing any services
related to or connected in any way with the preparation of FD-258
fingerprint cards have undergone government background checks and
received FBI approved training.
The conferees also expect that State and local law
enforcement agencies will be registered with the INS prior to
providing fingerprint services to benefit applicants. To be
considered registered with the INS, a law enforcement agency
must (1) notify the INS of its intention to take fingerprints
and (2) provide INS with a list of all employees that the law
enforcement agency will use to take fingerprints.
The conference agreement also provides language that
allows INS, the Departments of State and Defense and State and
local law enforcement agencies to collect and retain a fee for
fingerprinting services. Any fee established for this service
by a Federal agency shall be established by regulation in order
to reimburse agencies for expenses in providing fingerprint
services, including administrative and support costs, and the
collection, safeguarding and accounting for such fees. An
interim regulation may be employed in the early stages of the
program, to implement all aspects of the program, including
setting of a fingerprint fee, while the normal studies to
justify a fee regulation are being conducted.
INS Organization and Management.--The conference
agreement provides $3,086,000 for processing of Freedom of
Information and Privacy Act (FOIA) requests in accordance with
electronic FOIA requirements. In addition, the conferees adopt
recommendations included in the House report with regard to
review of recommendations of the Commission on Immigration
Reform on restructuring, reorganizing and managing the
immigration responsibilities of the INS. The conference
agreement also includes a provision, as proposed in the House
bill, which authorizes and directs the Attorney General to
impose disciplinary actions, including termination of
employment, under the same policies and procedures applicable
to employees of the FBI, for any INS employee who violates
Department policies and procedures relative to granting
citizenship or who willfully deceives the Congress or
Department Leadership on any matter. Also included is a
provision, similar to provisions proposed in both the House and
Senate bills, that reduces by 10 percent, the level of staffing
for the Offices of Legislative and Public Affairs. The
conferees do not intend for this staffing reduction to be
applied to the staffing dedicated to casework or to the
legislative branch office that directly serves Congress. The
conference agreement also adopts a provision, similar to one
proposed in the House bill, that limits to four positions the
number of INS non-career positions, but allows until July 1,
1998 before this provision goes into effect.
OFFSETTING FEE COLLECTIONS
The conference agreement assumes that $1,461,183,000 will
be available from offsetting fee collections for INS, instead
of $1,215,191,000 as proposed by the House and $1,198,659,000
as proposed by the Senate bill, to support activities related
to thelegal admission of persons into the United States. These
activities are supported entirely by fees paid by persons who are
either traveling internationally or are applying for immigration
benefits. The following increases are recommended:
Immigration Examinations Fees.--The conference agreement
assumes $785,342,000 of spending from the Immigration
Examinations Fee account, instead of $667,477,000 as proposed
by the House bill and $646,916,000 as proposed by the Senate
bill. The level provided in the conference agreement takes into
consideration a reprogramming request submitted to the
Committees on July 30, 1997 which included a request for
$150,229,000 in additional spending from the Exams Fee account
to address fingerprinting requirements and naturalization
caseload.
The level of spending assumed in the conference agreement
is based on estimated revenues in this account totaling
$854,100,000 which includes carryover from fiscal year 1997,
revenue projected for fiscal year 1998 and assumes the
availability of fees from applications under section 245(i) of
the Immigration and Nationality Act. The conference agreement
does not include recommendations in both the House and Senate
reports that would have transferred base funding from various
programs funded under the Salaries and Expenses account to the
Immigration Examinations Fee account. However, in order to
provide the needed resources to address naturalization workload
and restore integrity to the citizenship process, the conferees
direct INS to examine and reallocate at least five percent of
its base requirements in this account. The conference level for
this account assumes this base realignment. The following
program increases are assumed in the conference agreement: (1)
$5,273,000 for naturalization ceremonies; (2) $67,000,000 for
fingerprinting requirements, including personnel, space, and
supplies; (3) $38,287,000 to convert 400 temporary positions to
term appointments to process naturalization and adjustment of
status applications; (4) $11,096,000 to improve records
infrastructure; (5) $10,913,000 for quality assurance staff to
oversee processing of naturalization applications and to
provide for continued audit of procedures; (6) $33,169,000 to
provide for uniform paper processing through implementation of
the DIRECT MAIL system; (7) $14,081,000 for overtime, district
office and service center contract support, to address
naturalization backlogs and processing times; (8) $4,800,000 to
support records contracts in district offices; (9) $5,210,000
to modify the CLAIMS system to support naturalization case
processing; (10) $1,250,000 to enhance INS's Central Index
System; (11) $3,125,000 to purchase and install additional card
production machines for the Border Crossing Card Replacement
program, including one machine which is to be located in
southeastern Kentucky; and (12) $1,900,000 for expansion of the
Texas Service Center to accommodate the transfer of files and
Direct Mail processing of naturalization applications.
In addition, the conferees are aware that local INS
offices continue to have significant backlogs in the processing
of applications for benefits despite significant increases in
staffing. The conferees request that INS conduct an analysis of
its current allocation of resources among district offices to
determine whether it is using an appropriate staffing model to
address its application workload requirements and provide a
report of its findings to the Committees on Appropriations of
both the House and Senate no later than March 1, 1998.
Inspections User Fees.--The conference agreement assumes
$426,622,000 of spending from the Inspections User Fee account
instead of $419,296,000 as proposed inthe House bill and
$398,896,000 as proposed in the Senate bill. The conference agreement
does not assume transfers of base funding from various programs funded
under the Salaries and Expenses account to the Inspections User Fee
account, as proposed in the Senate bill. In addition, the conferees
understand that $10,000,000 of base funding for detention is no longer
required in this account due to reduced detention costs resulting from
expedited exclusion authority and is therefore available for other
initiatives in this account. The conference agreement assumes this
realignment of resources and includes the following increases: (1)
$10,395,000 for pay and inflation base adjustments; (2) $10,500,000 to
support the 1998 costs of reprogramming actions in fiscal year 1997;
(3) $17,699,000 and 277 positions to improve facilitation at air and
sea ports of entry, including full-time manning by inspectors of the
three in-transit lounges at Miami International Airport; (4) $1,715,000
to staff three new air ports of entry, in accordance with the House and
Senate reports; (5) $12,930,000 to expand departure management
automation initiatives, in accordance with the House report; (6)
$2,100,000 for expansion of the INS passenger accelerated service
system to 10 new ports of entry; (7) $2,600,000 for deployment of the
ENFORCE and IDENT systems at air ports of entry; and (8) $1,324,000 for
automation initiatives at ports of entry.
Land Border Inspection Fee Account.--The conference
agreement includes $8,888,000 in spending from the Land Border
Inspection Fund, as proposed in both the House and Senate
bills, and assumes funding will support the following program
increases: (1) $3,000,000 for a secure electronic network for
travelers rapid inspection (SENTRI) dedicated commuter lanes,
including equipment and facilities modifications in Laredo and
Hidalgo, Texas and Nogales, Arizona; and (2) $700,000 for
automated permit ports, including equipment and facilities
modifications in Bridgewater and Limestone, Maine; Morses Line
and Highgate Springs, Vermont; Mooers, New York, including an
enrollment center; Sweetgrass, Montana; Nighthawk, Washington;
and Skagway, Alaska.
Breached Bonding/Detention Account.--The conference
agreement includes $235,272,000 in spending from Breached Bond/
Detention Fund, instead of $104,471,000 as proposed in the
House bill and $138,900,000 as proposed in the Senate bill. The
level of spending assumed in the conference agreement is based
on estimated revenues in this account totaling $277,701,000,
which includes carryover funds from fiscal year 1997, revenue
projected for FY 1998 and assumes the availability of funds
from penalty fees from applications under section 245(i) of the
Immigration and Nationality Act. The conference agreement
assumes $130,801,000 of expenses for alien detention costs
provided under the salaries and expenses account will be
supported by unobligated balances available in this account.
Additional funding of $104,471,000 included in the conference
agreement is available to support 1,136 additional detention
bedspaces. The conferees also adopt the recommendation included
in the Senate report with regard to collection of data and
reporting on the 245(i) program.
construction
The conference agreement includes $75,959,000 for
construction for INS, instead of $70,959,000 as proposed in the
House bill and $73,559,000 as proposed in the Senate bill. The
conference agreement assumes funding is provided in accordance
with both the House and Senate reports.
Federal Prison System
salaries and expenses
The conference agreement includes $2,847,777,000 for the
salaries and expenses of the Federal Prison System instead of
$2,853,777,000 as proposed in the House bill and $2,939,035,000
as proposed in the Senate bill. Of this amount, the conference
agreement provides that $26,135,000 will be derived from the
Violent Crime Reduction Trust Fund (VCRTF), as proposed in the
House bill, instead of $6,135,000 as proposed in the Senate
bill. The conference agreement also assumes that in addition to
amounts appropriated, $90,000,000 will be available from
unobligated balances from the prior year, as proposed in the
House bill.
Funding is provided in accordance with the House and
Senate reports with the following exceptions related to program
increases. The conference agreement includes: (1) $52,607,000
for adjustments to base and for activation of the following
facilities: Beaumont, Texas minimum and high security
facilities, Brooklyn, New York detention center, Forrest City,
Arkansas low security facility, Yazoo City, Mississippi low
security facility, Edgefield, South Carolina Federal
Correctional Institution, Carswell, Texas low security
facility, Morgantown, West Virginia expansion, Seattle,
Washington detention facility, and Elkton, Ohio low and minimum
security facilities; (2) $1,447,000 to expand BOP's
intelligence gathering capabilities; and (3) $1,452,000 for
requirements associated with the Electronic Freedom of
Information Act.
Buildings and Facilities
The conference agreement includes $255,133,000 for
construction, modernization, maintenance and repair of prison
and detention facilities housing Federal prisoners as proposed
by the House, instead of $267,833,000 as proposed in the Senate
bill. The conference agreement assumes funding is provided in
accordance with the House report and expects that within the
amount appropriated, an immediate advance reimbursement of not
to exceed $2,300,000 shall be available for the renovation and
construction of U.S. Marshals Service prisoner-holding
facilities. In addition, the conferees urge the Bureau of
Prisons to consider expansion in future budget requests of the
existing Forrest City, Arkansas correctional complex and expect
that no additional real estate will be acquired to support this
expansion. The conferees further urge BOP to consider the
expansion in future budget requests of other existing
correctional complexes in the Mississippi Delta and the
completion of a high security prison in the Northeast region.
Federal Prison Industries, Incorporated
(limitation on administrative expenses)
The conference agreement includes a limitation on
administrative expenses of $3,266,000 for the Federal Prison
Industries, instead of $3,490,000 as proposed in the House bill
and $3,042,000 as proposed in the Senate bill, and assumes
funding is provided in accordance with the House and Senate
reports.
Office of Justice Programs
JUSTICE ASSISTANCE
The conference agreement includes $173,600,000 for
Justice Assistance, instead of $162,500,000 as proposed in the
House bill and $183,165,000 as proposed in the Senate bill. The
conference agreement provides the following:
National Institute of Justice........................... $42,577,000
Defense/Law Enforcement Technology Transfer......... (10,277,000)
Counterterrorism Technologies........................... 12,000,000
National Sex Offender Registry.......................... 25,000,000
Grants to Firefighters and Emergency Service Personnel.. 5,000,000
State and Local Antiterrorism Training.................. 2,000,000
Bureau of Justice Statistics............................ 21,529,000
Missing Children........................................ 12,256,000
Regional Information Sharing System..................... 20,000,000
National White Collar Crime Center...................... 5,350,000
Management and Administration........................... 27,888,000
--------------------------------------------------------
____________________________________________________
Total............................................. 173,600,000
This statement of managers reflects the agreement of the
conferees on how funds provided for all programs under the
Office of Justice Programs (OJP) in this conference report are
to be spent.
National Institute of Justice (NIJ).--The conference
agreement provides $42,577,000 for the National Institute of
Justice, as proposed in the House bill, instead of $50,099,000
as proposed in the Senate bill. The amount provided includes an
additional $4,400,000, as proposed by both the House and the
Senate for arrestee drug abuse monitoring, as well as a
transfer of $4,700,000 from the General Administration account
for the Federal Drug Testing Program. Expansion funds for the
Federal Drug Testing Program have not been provided, and OJP is
expected to submit a report by June 1, 1998 which evaluates the
current pilot drug testing program in terms of accomplishments
and details plans for expansion of this program. In addition,
$7,000,000 for NIJ research and evaluation on the causes and
impact of domestic violence is provided under the Violence
Against Women Act grants program. The conference agreement
adopts the recommendation in the House and Senate reports that
provides that within the overall amount provided to NIJ, the
Office of Justice Programs is expected to review proposals,
provide a grant if warranted, and report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding: $500,000 for a study of the health care status of
prison inmates; $4,500,000 for Facial Recognition Technology;
and technologies stated in the House report. In addition to the
above amount, $20,000,000 will be provided to NIJ in fiscal
year 1998 from the Local Law Enforcement Block Grant for
assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by
law enforcement. Within the amount provided, the conferees
expect NIJ to provide increased amounts for computerized
identification systems and to continue support of collaborative
projects to enhance law enforcement technology training.
In addition, in accordance with the House report for
General Legal Activities, the conferees expect OJP to look into
the feasibility of collecting information on the prevalence of
outstanding and unresolved claims made against police
departments by private citizens, as well as the process by
which those claims are disposed.
Defense/Law Enforcement Technology Transfer.--Within the
total amount provided to NIJ, the conference agreement includes
$10,277,000 to assist NIJ in its efforts to adopt technologies
for law enforcement purposes. Within this amount, $5,000,000 is
provided for continuation of the law enforcement technology
centernetwork, $2,800,000 is provided to continue the
technology commercialization initiative at the National Technology
Transfer Center, and $1,048,000 is provided to continue the Arson and
Explosion Research Program at the University of Central Florida. In
addition, to ensure adequate oversight, $1,429,000 is included for
management by NIJ personnel.
Counterterrorism Technologies.--The conference agreement
provides $12,000,000 for counterterrorism technology programs
authorized under sections 820 and 821 of the Antiterrorism and
Effective Death Penalty Act of 1996, instead of $10,000,000 as
proposed in the House bill and $14,000,000 as proposed in the
Senate bill. Within the amount provided, OJP is expected to
review proposals, provide a grant if warranted, and report to
the Committees on Appropriations of the House and the Senate on
its intentions regarding technologies recommended in the House
report.
National Sex Offender Registry.--The conference agreement
provides $25,000,000 for the National Sex Offender Registry, as
proposed in both the House and Senate bills.
Grants to Firefighters and Emergency Service Personnel.--
The conference agreement provides $5,000,000 for local
firefighter and emergency service training grants as authorized
under section 819 of the Antiterrorism and Effective Death
Penalty Act of 1996 as proposed in both the House and Senate
bills.
State and Local Antiterrorism Training.--The conference
agreement provides $2,000,000 for State and local law
enforcement training to address antiterrorism preparedness as
proposed in the House bill, instead of $4,000,000 as proposed
in the Senate bill and assumes funding in accordance with the
House report.
Bureau of Justice Statistics.--The conference agreement
provides $21,529,000 for the Bureau of Justice Statistics (BJS)
for fiscal year 1998, as proposed in both the House and Senate
bills.
Missing Children.--The conference agreement provides
$12,256,000 for the Missing Children Program, instead of
$8,656,000 as proposed in the House bill and $13,156,000 as
proposed in the Senate bill. The conference agreement provides
a significant increase for Federal, State, and local law
enforcement agencies, and the National Center for Missing and
Exploited Children, to address the increasing need to combat
crimes against children, particularly kidnapping and sexual
exploitation. The conference agreement consolidates funding
under one account for Missing Children programs as proposed in
the House bill, instead of under various accounts as proposed
in the Senate bill. Within the amounts provided the conferees
have included:
(1) $4,171,000 for the Missing Children program within
the Office of Justice Programs, Justice Assistance, including
$2,400,000 for State and local law enforcement to form
specialized cyber units to investigate and prevent child sexual
exploitation which are based on the protocols for conducting
investigations involving the Internet and on-line service
providers that have been established by the Department of
Justice and the National Center for Missing and Exploited
Children;
(2) $6,900,000 for the National Center for Missing and
Exploited Children, of which $1,900,000 is provided for
Internet investigations as proposed in the Senate report. The
conferees expect the National Center for Missing and Exploited
Children to continue to consult with participating law
enforcement agencies to ensure the curriculum, training, and
programs provided with this additional funding are consistent
with the protocols forconducting investigations involving the
Internet and on-line service providers that have been established by
the Department of Justice; and
(3) $1,185,000 for the Jimmy Ryce Law Enforcement
Training Center for training of State and local law enforcement
officials investigating missing and exploited children cases.
Regional Information Sharing System (RISS).--The
conference agreement includes $20,000,000 for the RISS program,
instead of $14,500,000 as proposed in the House bill and
$25,000,000 as proposed in the Senate bill. In addition, the
conference agreement provides $5,000,000 under the COPs
Technology Program for a one-time enhancement to the RISS
program to upgrade its communications infrastructure. The
increase provided will facilitate the rapid exchange of
information pertaining to criminals and criminal activity. The
conferees are concerned that there may be duplication among the
many intelligence systems being utilized by Federal, State and
local law enforcement agencies. Within this amount, $500,000 is
provided for development of an inventory of Department of
Justice funded automated law enforcement information systems,
as proposed in the House report under General Administration.
In accordance with the House report, the inventory should
include the major 25 to 40 systems nationwide, should examine
their interoperability and interconnectivity, and should result
in a strategy that brings together these different systems to
enable them to communicate effectively and efficiently, while
guarding against duplication or overlap.
National White Collar Crime Center.--The conference
agreement includes $5,350,000 for the National White Collar
Crime Center as proposed in the House bill instead of
$3,850,000 as provided in the Senate bill and assumes funding
in accordance with the House report.
Management and Administration.--The conference agreement
provides $27,888,000 for Management and Administration expenses
of the Office of Justice Programs as proposed in the House
bill, instead of $30,145,000 as proposed in the Senate bill. In
addition, reimbursable funding from VCRTF programs and
Community Oriented Policing Services and a transfer from the
Juvenile Justice account, will be provided for the
administration of grants under these activities. Total funding
for the administration of grants assumed in the conference
agreement is as follows:
------------------------------------------------------------------------
Amount FTE
------------------------------------------------------------------------
Direct Appropriation.............................. $27,888,000 320
Transfer from Juvenile Justice programs........... 5,922,000 71
Reimbursement from VCRTF.......................... 39,448,000 346
Reimbursement from COPs........................... 2,500,000 23
---------------------
Total....................................... 75,758,000 760
------------------------------------------------------------------------
Since 1995, funding for grant programs administered by
the Office of Justice Programs will have grown by 213%, from
$1.1 billion to over $3.4 billion. In order to ensure careful
stewardship of these resources, and in accordance with the
House report, the conferees expect the Assistant Attorney
General for the Office of Justice Programs (OJP) to submit a
report which outlines the steps OJP has taken and which
recommends additional actions that will ensure coordination and
reduce the possibility of duplication and overlap among the
various OJP divisions.
Ounce of Prevention Council.--The conference agreement
includes language for costs associated with the termination of
the Ounce of Prevention Council, which the conferees understand
will soon cease operation. The conferees expect OJP to
assumeresponsibility for any remaining activities of this Council.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement includes $2,891,400,000 for
State and Local Law Enforcement Assistance, instead of
$2,975,150,000 as proposed in the House bill and $2,606,150,000
as proposed in the Senate bill. Of this amount, the conference
agreement provides that $2,382,400,000 shall be derived from
the Violent Crime Reduction Trust Fund (VCRTF), instead of
$2,437,150,000 as proposed in the House bill and $2,154,650,000
as proposed in the Senate bill.
The conference agreement provides for the following
programs from direct appropriations and the VCRTF:
Direct Appropriation:
Byrne Discretionary Grants.......................... $46,500,000
Byrne Formula Grants................................ 462,500,000
--------------------------------------------------------
____________________________________________________
Total Direct Appropriations....................... 509,000,000
========================================================
____________________________________________________
Violent Crime Reduction Trust Fund:
Byrne Formula Grants................................ 42,500,000
Local Law Enforcement Block Grant................... 523,000,000
Boys and Girls Clubs.............................. (20,000,000)
Juvenile Accountability Incentive Block Grant....... 250,000,000
Drug Courts......................................... 30,000,000
Upgrade Criminal History Records (Brady Bill)....... 45,000,000
State Prison Grants................................. 720,500,000
Cooperative Agreement Program..................... (25,000,000)
Indian Country.................................... (5,000,000)
Alien Incarceration............................... (165,000,000)
State Criminal Alien Assistance Program............. 420,000,000
Violence Against Women Act Programs................. 270,750,000
Substance Abuse Treatment for State Prisoners....... 63,000,000
DNA Identification State Grants..................... 12,500,000
Law Enforcement Family Support Programs............. 1,000,000
Senior Citizens Against Marketing Scams............. 2,500,000
Motor Vehicle Theft Prevention...................... 750,000
Safe Return Program................................. 900,000
--------------------------------------------------------
____________________________________________________
Total, Violent Crime Reduction Trust Fund......... 2,382,400,000
Edward Byrne Grants to States.--The conference agreement
provides $551,500,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which $46,500,000
is for discretionary grants and $505,000,000 is provided for
formula grants under this program.
Byrne Discretionary Grants.--The conference agreement
provides $46,500,000 for discretionary grants under Chapter A
of the Edward Byrne Memorial State and Local Assistance
Program, as proposed in the House bill, instead of $75,000,000
as proposed in the Senate bill. The recommendation assumes
direct funding for the Weed and Seed program as proposed in the
House bill, instead of continuing this program as an earmark
from Byrne discretionary grants, as proposed in the Senate
bill. Within the amount provided, the conferees expect the
Bureau of Justice Assistance (BJA) to review the following
proposals, provide a grant if warranted, and report to the
Committees on Appropriations of the House and the Senate on its
intentions:
$4,000,000 for the National Crime Prevention
Council;
$1,750,000 to continue and expand the Drug Abuse
Resistance Education (DARE America) program. In
accordance with both the House and Senate reports, the
conferees expect OJP to work with DARE America
officials to create new and more effective course
criteria aimed at reducing the use of drugs by
children;
$2,000,000 for continued funding for the Washington
Metropolitan Area Drug Enforcement Task Force and for
development of a regional gang tracking system;
$775,000 for Project Return and consideration of
additional funds for evaluation of this correctional
options program;
$1,000,000 for continued funding for the National
Judicial College;
$1,000,000 to SEARCH Group, Inc. to continue and
expand the National Technical Assistance Program, which
provides support to State and local criminal justice
agencies to improve their use of computers and
information technology;
$2,800,000 for the National Motor Vehicle Title
Information System, authorized by the Anti-Car Theft
Improvement Act;
$500,000 for continuation of the Santee-Lynches
Regional Council of Governments Local Law Enforcement
Program;
$500,000 for the Alaska Native Justice Center;
$1,000,000 for the National Neighborhood Crime and
Drug Abuse Prevention Program;
$2,000,000 to allow the Law Enforcement
Coordinating Council for the 2002 Olympics to develop
and support a public safety master plan for the games.
The conferees direct the Office of Justice Programs to
ensure that the Law Enforcement Coordinating Council
consults with participating local, state, and federal
law enforcement agencies to ensure the public safety
master plan is coordinated among the many participating
agencies that have personnel and resources to
contribute to this plan;
$2,097,000 for the Executive Office of United
States Attorneys to support the National District
Attorneys Association's participation in legal
education training at the National Advocacy Center; and
$5,000,000 for a demonstration and evaluation of
the Expanded Community Supervision program which
combines community-based intermediate sanctions with
alcohol and other drug abuse treatment, as an
alternative to the traditional incarceration of non-
violent felons.
Within the available resources for Byrne discretionary
grants, the conferees also urge BJA to review proposals,
provide a grant if warranted, and report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding: demonstration and evaluation of the programs of
Haymarket House; Chicago's Family Violence Intervention
Program; the Female Violent Offender Program; the National
Night OutProgram; and the community security program of the
Local Initiatives Support Corporation.
Byrne Formula Grants.--The conference agreement provides
$505,000,000 for the Byrne Formula Grant program, as proposed
in both the House and Senate bills, of which $42,500,000 is
provided from the Violent Crime Reduction Trust Fund (VCRTF)
instead of $13,500,000 as proposed in the House bill and
$128,500,000 as proposed in the Senate bill. The conference
agreement includes language, as proposed in the House bill,
which makes drug testing programs an allowable use of grants
provided to States under this program.
VIOLENT CRIME REDUCTION TRUST FUND PROGRAMS
Local Law Enforcement Block Grant.--The conference
agreement includes $523,000,000 for the Local Law Enforcement
Block Grant program, as proposed in the House bill, instead of
$503,000,000 as proposed in the Senate bill, in order to
continue the commitment to provide local governments with the
resources and flexibility to address specific crime problems in
their communities with their own solutions. Within the amount
provided, the conference agreement includes language providing
$20,000,000 of these funds to the Boys and Girls Clubs of
America. The conferees direct the Office of Justice Programs to
work with the Boys and Girls Clubs of America and the Boys and
Girls Clubs of Greater Washington to develop a proposal for
establishment of a Flagship Boys and Girls Club to be located
in Washington, DC and to submit a report to the Committees on
Appropriations of the House and the Senate by April 1, 1998. In
addition, the conference agreement includes language as
proposed in the House bill that defines the Commonwealth of
Puerto Rico as a unit of local government and includes language
similar to that proposed in the Senate bill, which designates
parish sheriffs as the recipient of block grant funds in
Louisiana. The conferees are aware of the unique law
enforcement system that exists in the State of Louisiana
whereby the constitution of the State of Louisiana establishes
independent and wholly autonomous parish sheriffs and names the
sheriff as the chief law enforcement officer of the
constitutionally established law enforcement districts. The
conferees direct the Department of Justice to ensure that
parish sheriffs establish an advisory board pursuant to section
103 of H.R. 728 and shall consider recommendations made by this
board to be binding.
Juvenile Accountability Incentive Block Grant.--The
conference agreement provides $250,000,000 for a Juvenile
Accountability Incentive Block Grant program to address the
growing problem of juvenile crime by encouraging
accountability-based reforms at the State and local level,
instead of $300,000,000 as proposed in the House bill and
$145,000,000 as proposed in the Senate bill. Under this
program, funds are to be made available to States, based on
each State's comparative juvenile population, and units of
local governments are to receive 75% of the amount provided to
the States based on a combination of law enforcement
expenditures and Uniform Crime Report part 1 violent crimes. To
be eligible to receive funds under this program, States must
have certified to the Attorney General that they are actively
considering, or will consider within the next year, through
laws, policies or programs, accountability-based reforms--
including graduated sanctions, adult prosecution of violent
juveniles, and juvenile record reforms--in accordance with H.R.
3. Funds are available for the following purposes:
(1) building, expanding or operating juvenile
detention and corrections facilities;
(2) developing and administering accountability-
based sanctions for juvenile offenders;
(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders, and funding
pre-trial services for juveniles, to ensure the smooth
and expeditious administration of the juvenile justice
system;
(4) hiring additional prosecutors so that more
cases involving violent juvenile offenders can be
prosecuted and backlogs can be reduced;
(5) providing funding to enable prosecutors to
address drug, gang, and youth violence more
effectively;
(6) providing funding for technology, equipment and
training to assist prosecutors in identifying and
expediting the prosecution of violent juvenile
offenders;
(7) providing funding to enable juvenile courts and
probation offices to be more effective and efficient in
holding juvenile offenders accountable;
(8) establishing court-based juvenile justice
programs that target young firearms offenders through
the establishment of juvenile gun courts for the
adjudication and prosecution of juvenile firearms
offenders;
(9) establishing drug court programs for juvenile
offenders;
(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile
and criminal justice system, schools, and social
services agencies to identify, control, supervise and
treat serious juvenile offenders; and
(11) establishing and maintaining accountability-
based programs that work with the juvenile offenders
who are referred by law enforcement agencies, or which
are designed, in cooperation with law enforcement
officials, to protect students and school personnel
from drug, gang, and youth violence.
The conference agreement provides a presumption that not
less than 45% of any grant provided to a state or unit of local
government is available for the purposes set forth in
paragraphs (3) through (9) above and not less than 35% is
available for the purposes set forth in paragraphs (1), (2),
and (10) above. The conference agreement includes language
limiting the federal share of construction costs of permanent
juvenile corrections facilities to no more than 50% of the
total cost. The conferees are concerned that little data exists
on the capacity of juvenile detention and corrections
facilities to handle both existing and future needs and direct
the Office of Justice Programs to conduct a national assessment
of the supply of and demand for juvenile detention space, with
particular emphasis on capacity requirements in New Hampshire,
Mississippi, Alaska, Wisconsin, California, Montana, West
Virginia, Kentucky, Louisiana, and South Carolina, and to
provide a report to the Committees on Appropriations of the
House and the Senate by July 15, 1998. The conference agreement
provides that to receive funds under this block grant, States
must have in place a coordinated plan for reducing juvenile
crime, developed by a coalition of law enforcement and social
service agencies involved in juvenile crime prevention, and
have implemented, or will implement by January 1, 1999, a
policy of testing appropriate categories of juveniles for use
of controlled substances. The conferees agree that the
coalitions should have broad discretion to utilize funds for a
variety of purposes, consistent with items referenced above,
targeted at reducing juvenile crime at the local level. The
conference agreement also provides that States should consider
making available to the FBI records of delinquency adjudication
which are treated in a manner equivalent to adult records as
part of their consideration of juvenile records reforms.
The conferees expect the Justice Department to establish
guidelines in consultation with the Committees on
Appropriations and the Judiciary of both the House and Senate
that set forth the various circumstances by which States may
qualify for funding under this program. Such guidelines should
identify what generally constitutes active consideration of the
reform requirements in H.R. 3 in order to direct State
governors for purposes of the certification process described
above. The guidelines should also include accommodations, which
provide for a reduction in the local distribution requirement
of section 1803 of H.R. 3, with respect to any State which
bears the primary financial burden within the State for the
administration of juvenile justice and which provide for local
distribution consistent with H.R. 728 for the State of
Louisiana. The conferees expect that the Justice Department, in
developing the guidelines, will takeinto consideration the fact
that many States are currently in the process of reforming their
juvenile justice systems.
Drug Courts.--The conference agreement includes
$30,000,000 for drug courts as proposed in the House bill
instead of $40,000,000 as proposed in the Senate bill. The
conferees note that localities may also obtain funding for drug
courts under the Local Law Enforcement Block Grant and the
Juvenile Accountability Incentive Block Grant.
Upgrade Criminal History Records (Brady Bill).--The
conference agreement provides $45,000,000, as proposed in both
the House and Senate bills, for States to upgrade criminal
history records as required under the Brady Bill.
State Prison Grants.--The conference agreement provides
$720,500,000 for State Prison Grants, instead of $722,500,000
as proposed in the House bill and $740,500,000 as proposed in
the Senate bill. Of the amount provided, $525,500,000 is
available to states to build and expand prisons, $165,000,000
is available to States for the incarceration of criminal aliens
and $25,000,000 is for the Cooperative Agreement Program. The
conference agreement also adopts language in the Senate bill
which provides $5,000,000 for construction of jails on Indian
reservations and directs the Office of Justice Programs, within
the amount provided to examine a proposal, provide a grant if
warranted, and report to the Committees on Appropriations of
the House and the Senate on its intentions for funding to
support the design phase of a tribal detention facility in
Philadelphia, Mississippi. The conference agreement does not
include language proposed in the House bill that allows
California to use funds provided under the State Prison Grant
program to support the cost of incarcerating criminal aliens.
The conference agreement also does not include language
proposed in the Senate bill to permit prison construction funds
to be used to construct juvenile detention facilities, because
construction of juvenile facilities is an allowable use of
funds under the Juvenile Accountability Incentive Block Grant
program.
The conferees continue to be concerned that there is no
consistent annual reporting of the incidence and circumstances
of deaths that occur at municipal or county jails, State or
Federal prisons, or other similar facilities for the
confinement of accused or convicted criminals. The conferees
direct OJP to provide a report to the Committees on
Appropriations of the House and the Senate by February 15, 1998
on the feasibility of creating a single source for annual
statistics on in-custody deaths.
State Criminal Alien Assistance Program.--The conference
agreement provides a total of $585,000,000 for the State
Criminal Alien Assistance Program for reimbursement to States
for the costs of incarceration of criminal aliens, instead of
$600,000,000 as proposed in the House bill and $500,000,000 as
proposed in the Senate bill. Of the total amount, the
conference agreement includes $420,000,000 under this account
for the State Criminal Alien Assistance Program as proposed in
the House bill, and $165,000,000 for this purpose under the
State Prison Grants program.
Violence Against Women Act Programs.--The conference
agreement includes $270,750,000 for grants to support the
Violence Against Women Act instead of $305,500,000 as proposed
in the House bill and $263,750,000 as proposed in the Senate
bill. Grants provided under this account are for the following
programs:
General Grants.......................................... $172,000,000
Victims of Child Abuse Programs:
Court-Appointed Special Advocates................... 7,000,000
Training for Judicial Personnel..................... 2,000,000
Grants for Televised Testimony...................... 1,000,000
Grants to Encourage Arrest Policies..................... 59,000,000
Rural Domestic Violence................................. 25,000,000
National Stalker and Domestic Violence.................. 2,750,000
Training Programs....................................... 2,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 270,750,000
Within the amount provided for General Grants, the
conference agreement includes an additional $12,000,000
exclusively for the purpose of augmenting civil legal
assistance programs to address domestic violence, $7,000,000
for research and evaluation of domestic violence programs, and
$853,000 to support an enhanced domestic prosecution unit
within the District of Columbia. Within the amounts provided,
the Office of Justice Programs is expected to examine a
proposal for operating expenses of a public-private partnership
demonstration project in Las Vegas, Nevada, for a home for
victims of domestic abuse, provide a grant if warranted, and
report to the Committees on Appropriations of the House and the
Senate.
Substance Abuse Treatment for State Prisoners.--The
conference agreement includes $63,000,000 for substance abuse
treatment programs within State and local correctional
facilities, as proposed in the House bill, instead of
$61,200,000 as proposed in the Senate bill.
DNA Identification State Grants.--The conference
agreement includes $12,500,000 for DNA Identification State
Grants, instead of $10,000,000 as proposed by the House and
$15,000,000 as proposed by the Senate. Within the amount made
available under this program, the conferees expect the Office
of Justice Programs and the FBI to review a proposal, provide a
grant if warranted, and report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding a $2,000,000 grant to the Marshall University
Forensic Science Program.
Law Enforcement Family Support Programs.--The conference
agreement includes $1,000,000 for law enforcement family
support programs, as proposed by both the House and the Senate.
Senior Citizens Against Marketing Scams.--The conference
agreement includes $2,500,000 for programs to assist law
enforcement in preventing and stopping marketing scams against
senior citizens, instead of $2,000,000 as proposed in both the
House and Senate bills.
Motor Vehicle Theft Prevention.--The conference agreement
includes $750,000 for grants to combat motor vehicle theft, as
proposed in both the House and Senate bills.
Safe Return Program.--The conference agreement includes
$900,000 for the Missing Alzheimer's Patient Program, as
proposed in both the House and Senate bills.
weed and seed program fund
The conference agreement includes a direct appropriation
of $33,500,000 for the Weed and Seed program, instead of
$40,000,000 as proposed in the House bill and $33,500,000 as
proposed by the Senate bill as part of the discretionary grants
under the Edward Byrne Memorial State and Local Law Enforcement
Assistance Program. The conference agreement adopts the
recommendation in the House and Senate bills that provides that
within the overall amount provided to Weed and Seed, the Office
of Justice Programs (OJP) is expected to review a proposal,
provide a grant if warranted, and reportto the Committees on
Appropriations of the House and the Senate on its intentions regarding
a grant of $190,000 to Gospel Rescue Ministries of Washington, D.C. to
complete renovation of the former Fulton Hotel to a center for drug-
addicted women. The conference agreement does not include the provision
as proposed in the House bill directing OJP to obligate all funds for
this program by July 1, 1998.
Community Oriented Policing Services
VIOLENT CRIME REDUCTION PROGRAMS
The conference agreement includes $1,430,000,000 for the
Community Oriented Policing Services (COPs) program, instead of
$1,420,000,000 as proposed by the House and $1,440,000,000 as
proposed by the Senate bill. This statement of managers
reflects the agreement of the conferees on how funds provided
for all programs under the Community Oriented Policing Services
program in this conference report are to be spent.
Police Corps.--Within the total amount provided, the
conference agreement provides $30,000,000 for the Police Corps
program, instead of $20,000,000 as proposed by the House bill
and $40,000,000 as proposed by the Senate bill. The conferees
expect the COPs Office to examine a proposal, make a grant if
warranted, and provide a report to the Committees on
Appropriations of the House and the Senate regarding a
$2,000,000 continuation grant for advanced police education
training in the State of Mississippi.
Management and Administration.--The conference agreement
also includes a provision that provides that not to exceed 186
positions, 186 workyears, and $20,553,000 shall be expended for
management and administration of the COPs program, as proposed
in the House bill, instead of 270 positions, 228 workyears, and
$24,669,000, as proposed in the Senate bill. The conferees will
entertain a request for reprogramming or transfer of funds,
pursuant to section 605 of this Act, to increase this amount.
Police Hiring Initiatives.--The conferees have provided
funding over the last four years to support grants for the
hiring of 64,395 police officers. The conference agreement for
fiscal year 1998 provides funding for an additional 17,000
officer grants, which will bring the total number of new police
officer grants under this program to 81,395. The conferees
expect that resources provided will be used for hiring grants
under both the Universal Hiring Program and the COPs Making
Officer Redeployment Effective (MORE) program in order to
accomplish this goal. In addition, the conference agreement
adopts the provision in the Senate bill allowing up to 20% of
COPs funds to be used for the COPs MORE program.
Non-Hiring Initiatives.--The conferees are aware that the
COPs program has carried forward $359,000,000 into fiscal year
1998 after completion of its hiring grant process for 1997.
During the past two years, funding was restricted to hiring
initiatives in order to progress toward the most important goal
of the program, putting 100,000 cops on the street. With
significant progress toward that goal, the conferees are
concerned that communities, particularly communities with
populations below 50,000 and with limited public safety
resources, may need assistance to sustain progress in reducing
crime and to translate the short-term Federal investment into a
long-term local capacity to fight crime. The conferees also
want to ensure that there is adequate infrastructure for the
new police officers, similar to the focus that has been
provided for Federal law enforcement over the past few years,
so that police officers may work more efficiently, equipped
with the tools and technology they need, and with the
flexibility to design specific strategies to targetspecific
crime problems, such as crime in and around schools, the emergence of
methamphetamine in new areas, and the challenge of policing ``hot
spots'' of drug market activity. The conferees believe that
$103,000,000 of unused funds from fiscal year 1997 should be used to
address these critical law enforcement requirements and direct the COPs
program to establish the following non-hiring grant programs:
1. COPs Technology Program.--The conference agreement
directs $38,000,000 of unobligated balances to be used for
continued development of technologies and automated systems to
assist State and local law enforcement agencies in
investigating, responding to and preventing crime. In
particular, the conferees recognize the importance of sharing
of criminal information and intelligence between State and
local law enforcement to address multi-jurisdictional crimes.
Within the amounts made available under this program, the
conferees expect the COPs office to award grants for the
following technology proposals:
$7,500,000 for the Southwest Border States Anti-
Drug Information System, which will provide for the
purchase and deployment of this technology network
between all State and local law enforcement agencies in
the four southwest border states--California, Arizona,
New Mexico, and Texas--to provide information sharing
of drug trafficking along the U.S.-Mexico border, by
linking criminal and intelligence databases of these
states, the El Paso Intelligence Center, and certain
components of the Regional Information Sharing System;
$7,500,000 for the Law Enforcement On-Line system,
to add 15,000 State and local users to a secure
national interactive computer communications network
currently being developed with the FBI;
$5,000,000 to expand the Regional Information
Sharing System (RISS) by providing access to law
enforcement member agencies to the RISS Secure Intranet
to increase their ability to share and retrieve
criminal intelligence information on a real-time basis;
$3,000,000 for the Jefferson Parish, Louisiana
Sheriffs Department for software development and
network capability to enhance radio communications and
to develop a model for interconnectivity and
interoperability;
$10,000,000 for the North Carolina Criminal Justice
Information System, to meet North Carolina's public
safety needs;
$800,000 for the South Dakota Division of Criminal
Investigation for the procurement of equipment for law
enforcement telecommunications, emergency
communications and the state forensic laboratory;
$100,000 for establishment of a 911 emergency
system in Roberts County, South Dakota;
$2,000,000 for the rural states management
information system demonstration project in Alaska;
$1,000,000 for the development and deployment of a
multi-agency, multi-jurisdictional communications
system in the Northeast to support routine and
emergency information sharing among local, state, and
federal law enforcement agencies;
$500,000 for the Mt. Pleasant, South Carolina
Police Department for computer enhancements and
policing equipment upgrades; and
$500,000 for the Charleston, South Carolina Police
Department for computer enhancements and policing
equipment upgrades.
In addition, the conferees support the development of new
technologies which enhance the ability of State and local law
enforcement to respond to 911 calls. Recent developments with
the use of the 311 non-emergency number has shown promising
results and the conferees support the use of these funds for
this purpose. In addition, the conferees are aware of the
potential law enforcement communications and technology needs
arising from the 2002 Winter Olympics and direct that within
the overall amounts provided for the COPs program, the COPs
office should examine aproposal for a grant to the appropriate
unit or units of government in Utah for enhancements and upgrades of
security and communications infrastructure.
2. Police Recruitment Program.--The conferees direct
$1,000,000 of unobligated balances in the COPs program to be
used for police recruitment programs authorized under subtitle
H of Title III of the Violent Crime Control and Law Enforcement
Act of 1994, as proposed by the House bill. Within the amount
provided, the COPs Office is expected to review a proposal,
provide a grant if warranted, and submit a report to the
Committees on Appropriations of the House and the Senate
regarding a $500,000 grant for the police recruitment program
of St. Paul's Community Baptist Church in East New York, New
York.
3. Community Policing to Combat Domestic Violence
Program.--The conferees direct $12,500,000 of unobligated
balances in the COPs program to be used for the Community
Policing to Combat Domestic Violence Program established
pursuant to section 1701(d) of part Q of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended. Within the
amount provided, the conferees expect the COPs office to review
a proposal, provide a grant if warranted, and report to the
Committees on Appropriations of the House and the Senate
regarding a $2,500,000 continuation grant for the State of
Washington Community Policing to Combat Domestic Violence
program.
4. COPs Methamphetamine Program.--The conferees direct
$34,000,000 of unobligated balances in the COPs program to be
used for State and local law enforcement programs to combat
methamphetamine production, distribution, and use, and to
reimburse the Drug Enforcement Administration for assistance to
State and local law enforcement for proper removal and disposal
of hazardous materials at clandestine methamphetamine labs. The
conferees are aware that the production, trafficking, and usage
of methamphetamine, an extremely destructive and addictive
synthetic drug, is a growing national problem, particularly in
California, the Southwest, and the Midwest. Within the amount
provided for this program, the conferees expect the COPs office
to award grants for the following programs:
$18,200,000 to the California Bureau of Narcotics
Enforcement's Methamphetamine Strategy to support
additional law enforcement officers, intelligence
gathering and forensic capabilities, training and
community outreach programs;
$1,200,000 for the Tri-State Methamphetamine
Training program to train officers from rural areas on
methamphetamine interdiction, covert operations,
intelligence gathering, locating clandestine
laboratories, case development, and prosecution;
$3,000,000 for Midwest and $1,500,000 for East
Coast Methamphetamine Initiatives to provide training
by Drug Enforcement Administration officials to State
and local law enforcement on the proper collection,
removal, and destruction of methamphetamine, precursor
chemicals, laboratory equipment, and related materials
using certified hazardous waste management methods; and
$5,000,000 for support by the Drug Enforcement
Administration to State and local law enforcement for
the clean-up and disposal of clandestine
methamphetamine laboratories.
5. COPs Innovative Policing Initiatives.--The conferees
direct $17,500,000 of unobligated balances in the COPs program
to be used to provide grants to police agencies and community-
based entities to provide innovative solutions to local crime
problems, such as programs to improve the safety of elementary
and secondary school children, reduce crime on or near
elementary and secondary schools, and enhance policing
initiatives in ``hot spots'' of drug market activity.
COPs Small Community Grant Program.--The conferees have
recently received a reprogramming request from the Department
of Justice that proposes a number of changes in the COPs
program which have long-term policy and cost implications. The
House and Senate Committees on Appropriations have requested
additional financial and program data to evaluate these
proposals. However, in addition to the use of unobligated
balances for innovative programs mentioned above, the conferees
agree that at this time they are in support of an innovative
program that addresses COPs retention issues in smaller
communities with populations below 50,000. It is in these small
communities, especially in rural areas, that the community
policing program has had a strong positive impact. In some of
these smaller communities, COPs grants may have only provided
an increase of one or two new police officers, but this
increase may have translated into a 25 to 50 percent increase
in the overall police force. Many of these communities have a
limited tax base and have expressed concern with their ability
to retain officers in fiscal year 1998, thus putting in
jeopardy not only the goal of achieving an additional 100,000
cops on the beat, but the overall public safety of these
communities. Therefore, the conferees support the use of an
additional $100,000,000 of unobligated balances for one-time
grants targeted specifically for retention of police officers
to support special public safety and crime prevention projects
in jurisdictions serving populations below 50,000. Grantees
must be in good standing and must demonstrate the ability to
retain the officer after the grant expires. In awarding these
grants, the COPs Office should take into consideration: (1) the
specific public safety concern(s) that would be addressed by
activities performed by the police officer(s); (2) the extent
to which the community can demonstrate that a severe hardship
to maintaining public safety would be created if the police
officer(s) could not be retained; (3) a demonstration that
financial hardship and/or a severe budget constraint that
impacts the entire local budget, will result in the termination
of employment for the police officer(s); (4) a commitment from
the local community to support ongoing costs of the project at
the end of the grant period; and (5) the extent to which the
existing community policing grant has had a measurable impact
on the community, either in terms of crime reduction or the
development of new crime prevention programs or approaches.
juvenile justice programs
The conference agreement includes $238,672,000, a 36
percent increase over the current fiscal year level, for
Juvenile Justice programs, as proposed in the House bill,
instead of $235,422,000 as proposed in the Senate bill. The
conferees understand that changes to Juvenile Justice and
Delinquency Prevention Programs are being considered in the
reauthorization process of the Juvenile Justice and Delinquency
Act of 1974. However, absent completion of this reauthorization
process, the conferees provide funding consistent with the
current Juvenile Justice and Delinquency Prevention Act. In
addition, the conference agreement includes language that
provides that funding for these programs shall be subject to
the provisions of any subsequent authorization legislation that
is enacted.
Juvenile Justice and Delinquency Prevention.--Of the
total amount provided, $231,672,000 is for grants and
administrative expenses for Juvenile Justice and Delinquency
Prevention programs including:
1. $5,922,000 for the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) (Part A).
2. $96,500,000 for Formula Grants for assistance to State
and local programs (Part B). A provision is included that makes
$26,500,000 of the amount available for formula grants
available to States that have adopted (or will have in effect
not later than one year after date of application) policies and
programs, that ensure that juveniles are subject to
accountability-based sanctions for every act for which they are
adjudicated delinquent.
3. $45,250,000 for Discretionary Grants for National
Programs and Special Emphasis Programs (Part C). Within the
amount provided for Part C discretionary grants, the conferees
direct OJJDP to review the following proposals, provide a grant
if warranted, and submit a report to the Committees on
Appropriations of the House and the Senate on its intentions
regarding:
$2,300,000 to continue and expand the National
Council of Juvenile and Family Courts which provides
continuing legal education in family and juvenile law;
$1,000,000 for the Teens, Crime and the Community
program;
$2,000,000 for Parents Anonymous, which develops
partnerships with local communities to build and
support strong, safe families and to help break the
cycle of abuse and delinquency;
$1,750,000 for the Juvenile Offender Transition
Program, a public/private partnership to reduce the
rate of recidivism among juvenile offenders by
partnering certain offenders with a local college or
university student in a mentoring-protege program;
$1,300,000 for the Suffolk University Center for
Juvenile Justice, dedicated to representing children in
criminal cases in juvenile court and children and
parents in civil matters as well as gang related and
abuse cases;
$1,350,000 for establishment of a center for crimes
and violence against children based on the reality that
children are disproportionate victims of crime and
violence;
$300,000 for the Metro Denver Gang Coalition to
allow service providers and community members to share
information, support program efforts, and create
positive changes in youth, families, and communities;
and
$100,000 for the Crow Creek Alcohol and Drug
Program.
In addition, the conferees direct OJJDP to examine each
of the following proposals, provide grants if warranted, and
report to the Committees on Appropriations of both the House
and Senate on its intentions for each proposal: continued
support for the Hamilton Fish National Institute for School/
Community Violence; a grant to the Low Country Children's
Center; a grant to the Coalition for Juvenile Justice; a grant
to Project O.A.S.I.S; a grant to Kids Peace National Center for
Kids; continued support at current levels for law-related
education; a grant to the Consortium on Children, Families, and
Law; a grant to the Vermont Department of Social and
Rehabilitative Services; a grant to the Grassroots Drug
Prevention program; a grant to the Dona Ana Camp; a grant to
the Center for Prevention of Juvenile Crime and Delinquency at
Prairie View University; a grant to the New Mexico Prevention
Project; a grant to the No Hope in Dope Program; a grant to
study the link between child abuse and criminal behavior in
Alaska; a grant to the Gainesville Juvenile Assessment Center;
a grant to the Lincoln Council on Alcohol and Drugs; a grant to
the Hill Renaissance Partnership; a grant to the National
Training and Information Center; a grant to the Culinary Arts
Training Program for at-risk youth; a grant to the Women of
Vision program for youthful female offenders; continued funding
for the Violence Institute of New Jersey; and a grant to the
Delancy Street Foundation.
The conferees are also concerned about the availability
to children of pornographic images via the Internet, and direct
the OJJDP to confer with the National Academy of Sciences, and
provide a grant if warranted, on the most effective techniques
and technologies to block children from receiving these images.
4. $12,000,000 to expand the Youth Gangs (Part D) program
which provides grants to public and private nonprofit
organizations to prevent and reduce the participation of at-
risk youth in the activities of gangs that commit crimes.
5. $10,000,000 for Discretionary Grants for State
Challenge Activities (Part E) to increase the amount of a
State's formula grant by up to 10 percent, if that State agrees
to undertake some or all of the ten challenge activities
designed to improve various aspects of a State's juvenile
justice and delinquency prevention program.
6. $12,000,000 for the Juvenile Mentoring Program (Part
G) to reduce juvenile delinquency, improve academic
performance, and reduce the drop-out rate among at-risk youth
through the use of mentors by bringing together young people in
high crime areas with law enforcement officers and other
responsible adults who are willing to serve as long-term
mentors. Within the amount provided the conferees expect the
OJJDP to provide no less than $1,000,000 for Big Brothers Big
Sisters programs. In addition, within the amount provided, the
conferees expect OJJDP to review a proposal for $2,000,000 for
technical assistance and training to JUMP grantees, provide a
grant if warranted, and report to the Committees on
Appropriations of the House and the Senate on its intentions.
7. $20,000,000 for Incentive Grants for Local Delinquency
Prevention Programs (Title V), to units of general local
government for delinquency prevention programs and other
activities for at-risk youth.
Drug Prevention Program.--The conferees recognize that
while crime is on the decline in certain parts of America, a
dangerous precursor to crime, namely teenage drug use, is on
the rise and may soon reach a 20-year high. The conference
agreement includes $5,000,000, as proposed in the House bill,
to develop, demonstrate and test programs to increase the
perception among children and youth that drug use is risky,
harmful, and unattractive. The conferees expect OJJDP to submit
a program plan for activities to be funded under this
initiative by February 1, 1998, including goals to measure
program success and expect that this initiative will be
consistent with existing research findings on effective
prevention methods against teenage drug abuse.
Combatting Underage Drinking.--The conferees recognize
that the purchase and consumption of alcoholic beverages by
minors is a prevalent problem and that there is a causal
relationship between underage drinking and both violent and
non-violent crime. The conference agreement includes
$25,000,000 for grants of $360,000 to each State, $5,000,000
for discretionary grants, and $1,640,000 for training and
technical assistance to enforce State laws prohibiting the sale
of alcoholic beverages to minors and to prevent the purchase or
consumption of alcoholic beverages by minors. Projects funded
may include: Statewide task forces of State and local law
enforcement and prosecutorial agencies to target establishments
suspected of a pattern of violations of State laws governing
the sale and consumption of alcohol by minors; public
advertisingprograms to educate establishments about statutory
prohibitions and sanctions; and innovative programs to prevent and
combat underage drinking.
Victims of Child Abuse Act.--The conference agreement
includes $7,000,000 to improve investigations and prosecutions
and for the various programs authorized under the Victims of
Child Abuse Act (VOCA, Subtitle A), as proposed in the House
bill. The following programs are included in the agreement:
$1,000,000 to establish Regional Children's
Advocacy Centers, as authorized by section 213 of VOCA,
including $300,000 for the Southern Regional Child
Advocacy Center;
$4,000,000 to establish local Children's Advocacy
Centers, as authorized by section 214 of VOCA;
$1,500,000 for a continuation grant to the National
Center for Prosecution of Child Abuse for specialized
technical assistance and training programs to improve
the prosecution of child abuse cases, as authorized by
section 214a of VOCA; and
$500,000 for a continuation grant to the National
Network of Child Advocacy Centers for technical
assistance and training, as authorized by section 214a
of VOCA.
public safety officers benefits
The conference agreement includes the requested language
for death benefits under the Public Safety Officers Benefits
program for fiscal year 1998, which will fully fund anticipated
payments.
In addition, the conference agreement includes $2,000,000
for the Federal Law Enforcement Assistance Program for fiscal
year 1998, as proposed in both the House and Senate bills.
General Provisions--Department of Justice
The conference agreement includes the following general
provisions for the Department of Justice:
Section 101.--The conference agreement includes section
101 as proposed by both the House and Senate bills, which makes
up to $45,000 of the funds appropriated to the Department of
Justice available for reception and representation expenses.
Sec. 102.--The conference agreement includes section 102
as proposed by both the House and Senate bills, which continues
certain authorities for the Justice Department in fiscal year
1998 that were contained in the Department of Justice
Authorization Act, fiscal year 1980.
Sec. 103.--The conference agreement includes section 103
as proposed by both the House and Senate bills, which prohibits
the use of funds to perform abortions in the Federal Prison
System.
Sec. 104.--The conference agreement includes section 104
as proposed by both the House and Senate bills, which prohibits
use of the funds to require any person to perform, or
facilitate the performance of, an abortion.
Sec. 105.--The conference agreement includes section 105
as proposed by both the House and Senate bills, which states
that nothing in the previous section removes the obligation of
the Director of the Bureau of Prisons to provide escort
services to female inmates who seek to obtain abortions outside
a Federal facility.
Sec. 106.--The conference agreement includes section 106
as proposed by both the House and Senate bills, which allows
the Department of Justice to spend up to $10,000,000 for
rewards for information regarding acts of terrorism against a
United States person or property at levels not to exceed
$2,000,000 per reward.
Sec. 107.--The conference agreement includes section 107
as proposed by both the House and Senate bills, which allows
the Department of Justice, subject to reprogramming procedures,
to transfer up to 5 percent between any appropriation, but
limits to 10 percent the amount that can be transferred into
any one appropriation.
Sec. 108.--The conference agreement includes section 108
as proposed in the House bill and similar to language included
in the Senate bill, that allows balances remaining in the
Assets Forfeiture Fund after September 30, 1997 to be available
to the Attorney General for any authorized purpose of the
Department of Justice.
Sec. 109.--The conference agreement includes section 109,
similar to language proposed in the House bill and language
included in the Senate bill under section 114, which authorizes
the use of unexpended Crime Victims Fund dollars previously
available to the Administrative Office of the U.S. Courts for
the National Fine Center, to be used to improve services for
crime victims in the Federal criminal justice system.
The conferees understand that this provision will allow
$21,000,000 in unexpended Crime Victims Fund monies to be
available to the Director of the Office for Victims of Crime.
The conferees direct this funding to be used for the following
initiatives: (1) $12,000,000 to support 93 victim witness
coordinators and advocates to be assigned to various U.S.
Attorneys Offices, including victim support for D.C. Superior
Court, for fiscal years 1998 and 1999; (2) $8,000,000 for the
establishment of an automated victim information and
notification system for Federal cases; and (3) $1,000,000 for
restitution collection and enforcement and the processing and
tracking of Federal criminal monetary penalties and related
litigation activities.
Sec. 110.--The conference agreement includes section 110
as proposed in the Senate bill which merges the INS detention
account and the INS Breached Bond/Detention Fund. The House
bill did not contain a provision on this matter.
Sec. 111.--The conference agreement includes a new
provision under section 111, not proposed in the House or
Senate bills, that provides for continuation of Section 245(i)
of the Immigration and Nationality Act (INA) for any alien
(including the spouse or child of the principal alien) who has
been approved for or has filed a petition for permanent
immigration, or has filed for labor certification with the
Department of Labor, as of January 14, 1998. In addition, the
provision also includes an exception for persons obtaining an
employment-based visa which allows the person to adjust to
permanent resident status under section 245(a) of the INA if
the person lapsed into illegal status for less than six months.
The Senate bill included a permanent extension of section
245(i) of the INA. The House bill did not contain a provision
on this matter.
Sec. 112.--The conference agreement includes section 112,
similar to language included in the Senate bill, that extends
the filing period for certain naturalization opportunities for
Philippine army, scouts, and guerrilla veterans of World War
II. The House bill did not contain a provision on this matter.
Sec. 113.--The conference agreement includes section 113,
similar to language included in the Senate bill, that amends
the Immigration and Nationality Act to address several problems
encountered in the implementation of the special immigrant
juvenile provision. The language has been modified in order to
limit the beneficiaries of this provision to those juveniles
for whom it was created, namely abandoned, neglected, orabused
children, by requiring the Attorney General to determine that neither
the dependency order nor the administrative or judicial determination
of the alien's best interest was sought primarily for the purpose of
obtaining the status of an alien lawfully admitted for permanent
residence, rather than for the purpose of obtaining relief from abuse
or neglect. The conferees intend that the involvement of the Attorney
General is for the purposes of determining special immigrant juvenile
status and not for making determinations of dependency status. In
addition, in order to preclude State juvenile courts from issuing
dependency orders for juveniles in actual or constructive custody of
the INS, the modified provision removes jurisdiction from juvenile
courts to consider the custody status or placement of such aliens
unless the Attorney General specifically consents to such jurisdiction.
The House bill did not contain a provision on this matter.
Sec. 114.--The conference agreement includes section 114,
as proposed in the Senate bill under section 115, that
implements a ruling of the U.S. Court of Federal Claims. The
House bill did not include a provision on this matter.
Sec. 115.--The conference agreement includes a new
provision, similar to language included in the Senate bill
under section 116 and similar to H.R. 1683 as passed by the
House of Representatives on September 23, 1997, that recommends
amendments to the Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Improvement Act, to give
States greater flexibility in creating and implementing
individual sex offender registration programs. The House bill
did not include a provision on this matter.
Sec. 116.--The conference agreement includes section 116,
as proposed in the Senate bill under section 117, that extends
and expands the entrepreneurial visa pilot program under the
Immigration and Nationality Act. The House bill did not include
a provision on this matter.
Sec. 117.--The conference agreement includes section 117,
similar to language proposed in the Senate bill, that provides
for enhanced security at a government-leased facility housing
Federal employees in Albuquerque, New Mexico. The conferees
expect the Attorney General, through contracts with the U.S.
Attorneys and the U.S. Marshals, to provide for security
upgrades for the period of time that Department of Justice
employees are occupants of this building. After that time, the
General Services Administration is directed to provide this
enhanced security for the remaining Federal tenants located in
this building. The House bill did not include a provision on
this matter.
Sec. 118.--The conference agreement includes section 118,
as proposed in the Senate bill, that authorizes the transfer to
State and local governments certain surplus property for use
for law enforcement or fire and rescue purposes. The House bill
did not include a provision on this matter.
Sec. 119.--The conference agreement includes section 119,
as proposed in the Senate bill under section 126, that amends
the current Community Oriented Policing Services (COPs) statute
to allow up to 20 percent of funds provided in each fiscal year
to be available for the COPs MORE program. The House bill did
not include a provision on this matter.
Sec. 120.--The conference agreement includes section 120,
as proposed in the Senate bill under section 128, that amends
the Antiterrorism and Effective Death Penalty Act of 1996 to
delay until October 1, 1999 the effective date of changes made
by Section233 of the Act dealing with the compensation of
victims of terrorism. The House bill did not contain a provision on
this matter.
Sec. 121.--The conference agreement includes section 121,
as proposed in the Senate bill under section 129, that requires
the Attorney General to submit a report within 180 days after
the enactment of this Act, which includes a plan for the
implementation of a requirement that prior to the release of
any sex offender from Federal custody following a conviction
for a criminal offense against a victim who is a minor, or for
a sexually violent offense, the sex offender shall provide a
DNA sample to the appropriate law enforcement agency for
inclusion in a national law enforcement DNA database. The House
bill did not contain a provision on this matter.
Sec. 122.--The conference agreement includes section 122,
that allows the Director of the FBI, with approval of the
Attorney General, to design and implement over a three-year
period, a new system of pay, classification, and personnel
management for up to 3,000 non-Special Agent scientific,
technical, engineering, intelligence and medical positions.
This provision replaces language included in the Senate bill
that would have exempted all non-Senior Executive Service FBI
employees from the provisions of Title 5, United States Code.
The House bill did not include a provision on this matter.
The conferees agree that the scope of this new provision
is more limited and focused on selected categories of non-
Special Agent positions that are considered by the conferees to
be especially critical to the current and future success of the
FBI's counterterrorism and technology crimes initiatives.
During House and Senate Appropriations hearings on
counterterrorism, the FBI expressed the difficulty it is
experiencing in recruiting experienced professionals for
certain highly-competitive specialty positions, a situation
that, if not corrected, could negatively impact the Bureau's
ability to investigate terrorists and organized criminal groups
that often use technology to commit crimes or impede law
enforcement efforts. In addition, the conferees note that the
Department of Justice Inspector General identified serious
weaknesses in the management and operations of the FBI
laboratory and as a result of the findings in this report, the
Director of the FBI concluded that Title 5, United States Code,
impeded his ability to recruit and retain scientific and
technical personnel to improve the laboratory's operations.
This provision will enable the Director to address these
concerns.
The conferees agree that positions encompassed by this
authority, include professional positions currently classified
in accordance with standards issued by the Office of Personnel
Management under the GS-0132, 0334, 0391, 0401, 0801, 0808,
0810, 0830, 0850, 0854, 0855, 0856, 1040, 1301, 1320, 1321,
1520, and 1550 occupational groups. In addition, within 90 days
of enactment, the Director must provide to the relevant
Committees of Congress, an operating plan that identifies the
provisions of Title 5 that impede effective human resources
management in the Bureau and that describes the personnel
system that will be established under this authority. The
conferees further agree that any performance management system
adopted by the Director shall include at least two levels of
performance above a retention standard. This will ensure that
no ``pass/fail'' system will impede the Bureau's ability to
recognize outstanding performance by its employees. In
addition, the provision requires the submission of an
evaluation of the new personnel system established by March 31,
2000, including both a comparison with other laboratories
operated by Federal agencies and acost comparison with private
sector laboratories which provide similar services on a commercial
basis. This cost comparison is to be conducted consistent with
standards articulated in Office of Management and Budget Circular A-76.
The conference agreement also includes establishment of a
similar hiring demonstration project for up to 950 employees of
the Department of the Treasury, under the existing procedures
of Chapter 47, Title 5, United States Code.
Sec. 123.--The conference agreement includes section 123,
that makes technical and limited changes to the Prison
Litigation Reform Act of 1995, in order to clarify Congress'
earlier stated intent of this legislation. The changes include
replacing the word ``permits'' with ``requires'' to make clear
that ``state or local official'' includes individual state
legislators, or a unit of government with regard to who is
entitled to intervene as a right, in a district or appellate
court, to challenge prisoner release orders or seek their
termination. It is intended that a court should implement the
intervention provisions in a manner that gives them their full
effect by ruling in a timely fashion on such motions and that
delaying a ruling on the intervention prevention should not be
used as justification for avoiding the automatic stay. The
provision also includes a change in subsection (b)(3) that
corrects the confusing use of the word ``or'' to describe the
limited circumstances when a court may continue prospective
relief in prison conditions litigation to make clear that a
constitutional violation must be ``current and ongoing''. These
dual requirements are necessary to ensure that court orders do
not remain in place on the basis of a claim that a current
condition that does not violate prisoners' Federal rights
nevertheless requires a court decree to address it, because the
condition is somehow traceable to a prior policy that did
violate Federal rights, or that government officials are
``poised'' to resume a prior violation of federal rights. If an
unlawful practice resumes or if a prisoner is in imminent
danger of a constitutional violation, the prisoner has prompt
and complete remedies through a new action filed in State or
Federal court and preliminary injunctive relief. Changes are
also included to make clear that mandamus relief is available
to compel the court to issue a ruling on a pending motion and
to provide the courts additional time (60 days) to rule on
motions to terminate before the automatic stay takes effect.
Sec. 124.--The conference agreement includes section 124,
that amends the requirements for transfer of surplus balances
in the Department of Justice Assets Forfeiture Fund. The House
and Senate bills did not include a provision on this matter.
Sec. 125.--The conference agreement includes a provision
that extends the visa waiver pilot program until April 30,
1998.
Sec. 126.--The conference agreement includes a provision
that extends through May 1, 1998 the Department of State
Consolidated Immigrant Visa Processing Center on-line access to
the Interstate Identification Index of the National Crime
Information Center and the requirement that the Secretary of
State submit certain fingerprints relating to applications for
immigrant visas to the Federal Bureau of Investigation.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
Salaries and expenses
The conference agreement includes $23,450,000 for the
salaries and expenses of the Office of the United States Trade
Representative, instead of $22,700,000 as proposed in the House
bill, and $22,092,000 as proposed in the Senate bill, an
increase of $2,001,000 above the fiscal year 1997 level.
The conferees note that on September 16, 1997, a budget
amendment was submitted requesting an additional $1,700,000
above the original request for the following: (1) increased
enforcement activities; (2) increased negotiation activities
related to Latin America, Asia, and the World Trade
Organization; and (3) creation of a new office within the USTR.
The conference agreement provides $1,358,000 of the amount
requested in the budget amendment for the following activities:
(1) increased personnel to vigorously defend and prosecute
trade cases on behalf of the United States in dispute
settlement proceedings in the World Trade Organization and
other trade fora, as well as to increase the USTR's
notifications to and consultations with the Congress and other
interested parties regarding such proceedings and on on-going
trade negotiations, including the possible effects of such
proceedings and negotiations on Federal, State, and local laws;
and (2) increased personnel for Latin American, Asian, and the
World Trade Organization negotiations.
The conference agreement also includes bill language
limiting the number of political appointees to not more than 25
positions by May 1, 1998. The Senate bill contained a similar
provision providing a limitation of not more than 15% of the
total number of full-time equivalent positions, while the House
bill did not address this matter.
To assist the U.S. Trade Representative in litigation
before international panels, the conferees urge the USTR to
permit participation of non-governmental U.S. persons in the
development of U.S. positions and in the preparation for
consultations and dispute settlement proceedings, provided that
such persons are supportive of the United States Government's
position in the proceedings and have a direct interest in the
matter in dispute, and provided that the United States
Government does not pay for any litigation expenses incurred by
such persons. The conferees urge that such persons be permitted
to participate in international consultations and dispute
settlement proceedings where the USTR believes such
participation would assist in the U.S. prosecution or defense
in the proceedings.
International Trade Commission
salaries and expenses
The conference agreement includes $41,200,000 for the
salaries and expenses of the International Trade Commission
(ITC) for fiscal year 1998, instead of $41,400,000 as proposed
in the House bill and $41,000,000 as proposed in the Senate
bill.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $283,066,000 in new
budgetary resources for the operations and administration of
the International Trade Administration for fiscal year 1998,
instead of $279,500,000 as proposed by the House bill, and
$280,736,000 as recommended in the Senate bill. In addition to
this amount, the conference agreement assumes $4,800,000 in
unobligated prior year carryover, resulting in a total fiscal
year 1998 availability of $287,866,000.
The following table reflects the distribution of funds by
activity included in the conference agreement:
Trade Development....................................... $58,986,000
Market Access and Compliance............................ 17,340,000
(Trade Compliance Center)........................... (3,000,000)
Import Administration................................... 28,770,000
U.S. & F.C.S............................................ 171,070,000
Executive Direction and Administration.................. 11,700,000
Carryover............................................... (4,800,000)
--------------------------------------------------------
____________________________________________________
Total, ITA........................................ 283,066,000
The conference agreement includes a new budget structure
for the ITA, which delineates funding for policy and
administrative overhead expenses into a new separate component
within ITA. For years, the ITA has attempted to thwart
congressional intent in the distribution of funds provided to
each ITA component by using the practice of administrative and
executive tithing against ITA program components in order to
redistribute funding for ITA programs. Therefore, the conferees
have adopted and expanded the approach taken in the House bill
to address these problems by including bill language
designating the amounts provided in fiscal year 1998, including
carryover, for each component and activity in ITA, in addition
to creating a new Executive Direction and Administration
activity. The conferees expect the fiscal year 1999 budget
submission to include a separate activity for Executive
Direction and Administration. Further, the conferees direct
that centralized services (i.e. rent and utilities payments,
the Office of the General Counsel and Departmental
administrative support services) be proportionately charged to
each activity based on actual usage, and direct that the
practice of redistributing resources through such
administrative charges cease immediately upon enactment of this
Act. The conferees direct that the ITA submit a report to the
Committees on Appropriations no later than December 15, 1997 on
the distribution of fiscal year 1998 centralized services
charged against each ITA activity, as well as for the Trade
Compliance Center.
Executive Direction and Administration.--The conference
agreement includes $11,700,000 for this activity, a $220,000
increase over the amount expended for this activity in fiscal
year 1997 through tithes against the other ITA components. The
following offices and activities are included under this new
line item: the Office of the Under Secretary, the Office of the
Deputy Under Secretary, the Office of Public Affairs, the
Office of Legislative and Intergovernmental Affairs, the
Director of Administration, Office of Financial Management,
Office of Organization and Management Support, Office of Human
Resources Management, and the Office of Information Resources
Management.
Previously, funding for these offices was derived through
assessments levied against each of the ITA's four program
activities. In the interest of budget clarity, the conference
agreement has provided a separate amount for these policy and
overhead functions, and has reduced the four ITA components by
$11,700,000 as follows: (1)$3,080,000 from Trade Development;
(2) $1,360,000 from Market Access and Compliance; (3) $2,130,000 from
the Import Administration; and (4) $5,130,000 from the U.S. and Foreign
Commercial Service. The conferees expect that all support for these
offices and their functions included under the new Executive Direction
and Administration activity will be fully supported through this
discrete line item and expect that no direct or indirect assessments
will be levied against the other components of ITA.
Trade Development (TD).--The conference agreement
provides $58,986,000 for this activity. Of the amounts
provided, $46,396,000 is provided for the base program, an
increase of $1,776,000 above the amounts available to TD
programs in fiscal year 1997 exclusive of assessments against
TD to support Executive Direction and Administration functions.
The conferees direct a $400,000 reduction in funding for the
Advocacy Center and assume the Center will refocus its
activities toward small and medium-sized businesses. In
addition, within the amounts provided, $9,000,000 is for the
National Textile Center consortium to continue funding for the
current participants as well as to expand the program to
include the Philadelphia College of Textiles, and $3,000,000 is
provided for the Textile/Clothing Technology Corporation.
Further, the conference agreement includes continued funding
for the Access Mexico program at the level recommended in the
Senate report, and provides $500,000 for continuation of the
international global competitiveness initiative, and $2,500,000
for the Market Cooperator Development program.
Market Access and Compliance (MAC).--The conference
agreement includes a total of $17,340,000, of which not less
than $3,000,000 is for the Trade Compliance Center (TCC) and
$14,340,000 is for the base MAC program. This amount provides
an $875,000 increase for the base MAC program over the fiscal
year 1997 level exclusive of assessments in MAC for Executive
Direction and Administration functions. The conferees expect
the full $3,000,000 to be made available to the TCC and do not
expect such funds to be diverted to directly or indirectly
support other MAC activities. The conferees warn the ITA that
should such diversion occur, the conferees are prepared to
separate out the TCC into a separate ITA appropriation in
fiscal year 1999.
Import Administration.--The conference agreement provides
$28,770,000 for the Import Administration, an increase of
$1,242,000 over the fiscal year 1997 funding level exclusive of
assessments for Executive Direction and Administration
functions.
U.S. and Foreign Commercial Service (U.S. & FCS).--The
conference agreement includes $171,070,000 for the programs of
the U.S. & FCS, an increase of $7,821,000 over the fiscal year
1997 funding level exclusive of assessments for Executive
Direction and Administration functions. Within these amounts,
the conferees have included $1,000,000 to be used in accordance
with the direction in the House report regarding the Rural
Export Initiative and an initiative utilizing electronic
commerce to assist small businesses increase export
opportunities.
Unfair Trade Practices.--The conferees are concerned that
relief provided against unfair trade practices is ineffective
where foreign producers sell through related party importers in
the United States and continue their unfair trade practices.
Accordingly, the conferees expect the Import Administration to
provide the House and Senate Appropriations Committees, within
sixty days of enactment of this Act, a report identifying the
statutory and administrative changes necessary to resolve this
issue once an antidumping or countervailing duty order is
established.
Trade Missions.--The conferees concur in the
recommendations of the House report regarding the establishment
and enforcement of a transparent trade mission policy, as well
as the concerns over the fragmentation of trade policy and
promotion activities. Therefore, the conferees expect the
Department to follow the direction included in the House report
regarding these matters.
Security Upgrades.--The conferees expect the ITA to
comply with the direction included in the House report
regarding the expenditure of funds provided in fiscal year 1997
for security upgrades at ITA facilities.
Export Administration
operations and administration
The conference agreement includes $43,900,000 for the
Bureau of Export Administration (BXA), instead of $41,000,000
as proposed in the House bill, and $43,126,000 as proposed in
the Senate bill. The conference agreement provides increases
over the fiscal year 1997 regular appropriation for the
following activities: (1) $3,900,000 to continue the
counterterrorism activities provided for through emergency
appropriations in fiscal year 1997; (2) $926,000 for new export
control responsibilities transferred from the Department of
State in fiscal year 1997; and (3) $1,174,000 for BXA to begin
activities related to its responsibilities under the Chemical
Weapons Convention (CWC) Treaty. The conferees have not
provided the full amount requested for the CWC Treaty due to
the delays in the enactment of the necessary implementing
legislation. Should additional resources be required, the
Committees would be willing to entertain a reprogramming to
meet the additional requirements.
In addition, the conference agreement provides $1,900,000
to reimburse the Department of Defense's On-Site Inspection
Agency (OSIA) for inspection support to teams of international
inspectors at commercial facilities for CWC Treaty
implementation, instead of $3,500,000 requested in the budget
amendment submitted August 12, 1997, due to reduced
requirements as a result of the delay in enactment of
implementing legislation.
Economic Development Administration
economic development assistance programs
The conference agreement includes $340,000,000 for the
Economic Development Administration grant programs as proposed
in the House bill, instead of $250,000,000 as proposed in the
Senate bill.
Of the amounts provided, $178,000,000 is for the Title I
Public Works program, $29,900,000 is for Title IX Economic
Adjustment Assistance, $89,000,000 is for Defense Conversion,
$24,000,000 is for planning, $9,100,000 is for technical
assistance, including university centers, $9,500,000 is for
trade adjustment assistance, and $500,000 is for research. The
conferees expect EDA to follow the direction in the House
report regarding assistance to communities impacted by coal
industry downswings and timber industry downturns.
salaries and expenses
The conference agreement includes $21,028,000 for
salaries and expenses for the EDA, instead of $21,000,000 as
proposed in the House bill, and $22,028,000 included in the
Senate bill. The conference agreement assumes EDA will use
either the Salaries andExpenses appropriation or the revolving
fund (under 42 U.S.C. 3143) to pay the salaries and expenses related to
protection of loan collateral and grant property.
Minority Business Development Agency
minority business development
The conference agreement includes $25,000,000 for the
programs of the Minority Business Development Agency (MBDA), as
proposed in the House bill, instead of $27,811,000 included in
the Senate bill. The conferees direct that reductions from the
current levels be allocated proportionately between program
administration and program delivery (e.g. Business Development
Centers).
The conference agreement assumes that MBDA will continue
its support for the Entrepreneurial Technology Apprenticeship
Program at the current level, as directed in the House report,
and will follow the direction in the Senate report regarding
Black Dollar Days.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
salaries and expenses
The conferees have provided $47,499,000 for salaries and
expenses of the activities funded under the Economic and
Statistical Analysis account, instead of $46,000,000 as
proposed in the House bill and $47,917,000 included in the
Senate bill. The conference agreement adopts the directive
included in the House report regarding the Integrated
Environmental-Economic Accounting or ``Green GDP'' initiative.
economics and statistics administration revolving fund
The conference agreement includes language allowing the
dissemination of economic and statistical data products at full
cost as proposed in both the House and Senate bills.
Bureau of the Census
salaries and expenses
The conference agreement includes $137,278,000 for the
Bureau of the Census Salaries and Expenses account, instead of
$136,499,000 as proposed in the House bill and $138,056,000 as
proposed in the Senate bill.
The conferees expect the Bureau to be fully reimbursed
for any survey requested by any other Federal agency or private
organization. In addition, the conferees expect the Office of
Management and Budget and the Bureau of the Census to take the
necessary appropriate actions to resolve the concerns expressed
in the Senate report regarding metropolitan statistical areas.
periodic censuses and programs
The conference agreement provides $555,813,000 for the
Census Bureau's Periodic Censuses and Programs account, instead
of $550,126,000 as proposed in the House bill, $520,726,000 as
recommended in the Senate bill, and $523,126,000 as requested
in the budget.
Decennial Census.--The recommendation includes
$389,887,000 as a separate appropriation under this account for
fiscal year 1998 for decennial census programs, an increase of
$8,087,000 above the House bill, and $35,087,000 above the
Senate bill and the budget request. The increase above the
request has been provided as follows: $27,000,000 for the
Census Bureau to plan and develop a contingency plan in the
eventsampling is not used in the 2000 decennial census;
$4,087,000 for modifications to the dress rehearsal; and $4,000,000 to
be transferred to the Census Monitoring Board, authorized in section
210 of this Act.
Other Periodic Programs.--The conferees have included the
following amounts for non-decennial census periodic programs:
Economic censuses....................................... $63,700,000
Census of governments................................... 2,836,000
Intercensal demographic estimates....................... 5,200,000
Continuous measurement.................................. 16,600,000
Sample redesign......................................... 3,800,000
CASIC................................................... 6,000,000
Geographic support...................................... 43,000,000
Data processing systems................................. 24,790,000
--------------------------------------------------------
____________________________________________________
Total............................................. 165,926,000
Continuous Measurement.--The conferees share the concerns
expressed in both the House and Senate reports about this
program, and direct the Bureau to comply with the direction
included in both reports regarding this program.
National Telecommunications and Information Administration
salaries and expenses
The conference agreement includes $16,550,000 for the
National Telecommunications and Information Administration
(NTIA) salaries and expenses, instead of $17,100,000 as
proposed in the House bill, and $16,574,000 as proposed in the
Senate bill. In addition, the conference agreement assumes that
NTIA will receive an additional $7,500,000 through
reimbursements from other agencies for the costs of providing
spectrum management, analysis and research services to those
agencies.
The conference agreement includes $1,750,000 for NTIA's
portion of the second year costs associated with the
International Telecommunications Union plenipotentiary
conference, and $148,000 for the requested privacy initiative.
public telecommunications facilities, planning and construction
The conference agreement includes $21,000,000 for the
Public Telecommunications Facilities, Planning and Construction
(PTFP) program, instead of $16,750,000 as proposed in the House
bill, and $25,000,000 as proposed in the Senate bill. The
conferees intend for this funding to be used for the existing
equipment and facilities replacement program. The conference
agreement allows up to $1,500,000 of this amount to be used for
program administration, as provided in both the House and
Senate bills. The conference agreement also includes a new
provision as proposed in the Senate bill, making the Pan-
Pacific Education and Communications Experiments by Satellite
(PEACESAT) program eligible to compete for funding under this
account.
In addition, the conference agreement renames the title
of this account to the Public Telecommunications Facilities,
Planning and Construction program, instead of the Public
Broadcasting Facilities, Planning and Construction program.
information infrastructure grants
The conference agreement includes $20,000,000 for NTIA's
Information Infrastructure Grant program, instead of
$21,490,000 as recommended in the House and Senate bills.
The conferees note that the Senate bill increased funds
for this account through an across-the-board reduction in other
accounts in this title, reductions which are not adopted in the
conference agreement. In addition, the conferees note that the
recentactions by the Federal Communications Commission to
implement the universal service fund requirements of the
Telecommunications Act of 1996 should reduce the funding requirements
under this account. Consequently, the conference agreement slightly
reduces funding for this account.
As proposed in the House bill, within the amount
provided, the conference agreement designates $3,000,000 for
program administration and allows not to exceed five percent of
the total amount provided to be used for certain
telecommunications research activities. The Senate bill did not
address these matters.
Patent and Trademark Office
salaries and expenses
The conference agreement provides a total funding level
of $716,000,000 for the Patent and Trademark Office (PTO) in
fiscal year 1998, instead of $704,000,000 as proposed in the
House bill, $683,320,000 as recommended in the Senate bill, and
$656,320,000 requested in the budget. The conference agreement
assumes a total of $664,000,000 to be derived in offsetting fee
collections, $27,000,000 in direct appropriations, and
$25,000,000 in carryover of prior year funds. Under the
conference agreement, total funds available to the PTO are
increased by $59,680,000 over the budget request, $32,680,000
over the Senate bill, and $12,000,000 over the House bill.
The conference agreement eliminates the cap on fees
available to the PTO contained in the Senate bill. Under the
Senate bill, fees collected in excess of $629,320,000 would
have returned to the Treasury rather than being retained by the
PTO, resulting in a $34,680,000 loss to the PTO. Instead, the
conference agreement includes new language allowing all fees
collected by the PTO to remain with the PTO to support its
activities, and making the full amount of fiscal year 1998
estimated fee collections available to the PTO in fiscal year
1998. Fees collected in excess of the PTO's current estimate of
collections will remain with PTO and be available to the PTO on
October 1, 1998. Such language is consistent with the language
included in all other fee-funded agencies in this bill, and
ensures that all fee revenues collected remain with the agency
while ensuring appropriate oversight of PTO's budget to ensure
that such funds are used by the PTO in a manner which best
serves the needs of the user community.
The conferees are aware that the Office of the Inspector
General has issued an audit report concluding that the PTO is
not maintaining adequate controls over the quality of patent
examinations. The OIG recommends restoring funds to the Office
of Patent Quality Review, which has been severely weakened by
budget decisions by the PTO, so that the Office can continue
their independent assessments of patent quality as they have in
the past. Since public confidence in the quality of issued
patents is essential to maintaining the integrity of the patent
system, the conferees fully expect the PTO to comply with the
OIG's recommendation and restore the Office to full strength,
and to report back to the Committees on this matter not later
than December 15, 1997.
SCIENCE AND TECHNOLOGY
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
The conference agreement includes $8,500,000 for the
Technology Administration (TA), as proposed in the House bill,
instead of $8,800,000 as proposed in the Senate bill. Of this
amount, $1,600,000 is for the Experimental Program to
StimulateCompetitive Technology (EPSCoT), and bill language is included
making these funds available for two years as recommended in the House
bill. In addition, the conference agreement adopts the recommendations
in both the House and Senate reports denying funds for any new foreign
policy initiatives. However, the conference agreement assumes the TA
will continue existing agreements at no more than the current level of
support, but the conferees direct the Technology Administration not to
enter into any new international technology agreements, expand any
existing agreements, or extend any expiring agreements. The conferees
would be willing to permit the TA to provide technical assistance to
other agencies, more appropriately involved in foreign assistance
programs, for such agreements, provided TA is fully reimbursed from
funds from other Federal sources outside the Department of Commerce's
budget.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $276,852,000 for the
internal (core) research account of the National Institute of
Standards and Technology as proposed in the Senate and House
bills.
The conference agreement provides $268,052,000 for the
core research programs within NIST, the same amount provided in
fiscal year 1997, in accordance with the distribution in the
fiscal year 1997 conference report. Such distribution should be
used as a basis for reprogramming of funds for activities
provided in this account. In addition, the conferees concur
with the recommendation included in the Senate report regarding
funding for the Malcolm Baldrige Award, and thus have provided
no funds for expansion of this program to other areas in fiscal
year 1998, as such expansion would result in reductions in core
NIST activities.
Further, in light of recent wind related disasters in the
southwest United States which have resulted in significant loss
of life and property, the conference agreement includes
$3,800,000 in the bill for research to be conducted at Texas
Tech University on protective structures and other technologies
which are designed to save lives threatened by tornadoes and
severe wind storms. Texas Tech is uniquely positioned to
conduct this research because of its nationally recognized
interdisciplinary wind engineering program and its location in
a region which has experienced repeated wind disasters. In
addition, the conference agreement also includes $5,000,000 for
a cooperative agreement with Montana State University for
research on building products, processes and technologies which
utilize underused natural resources and environmentally sound
technologies. The conferees direct that funds provided for
these two activities shall not be used for the design or
construction of facilities.
INDUSTRIAL TECHNOLOGY SERVICES
The conference agreement includes $306,000,000 for the
NIST external research account instead of $298,600,000 as
proposed in the House bill and $311,040,000 as proposed in the
Senate bill.
Manufacturing Extension Partnership Program.--The
conference agreement includes $113,500,000 for the
Manufacturing Extension Partnership Program (MEP) as proposed
in the House bill, instead of $111,040,000 as proposed in the
Senate bill. Of these amounts, $103,000,000 is for continued
support for all existing Regional Centers, including the
rollover costs of the remaining Centers originally funded under
theDefense Department's Technology Reinvestment Program, as
well as those Centers which have reached their statutory six-year time
limit; $2,000,000 is for continuation of the existing SBDC-
manufacturing field offices; and $8,500,000 is for management and
administration. The conference agreement does not include any funds for
special projects related to supply chain optimization, information
technology, and technology infusion. While these projects are
worthwhile, the conferees are concerned that these programs are not
required to meet the same requirements as the Regional Centers program,
including cost share requirements. Given that many of these projects
are targeted to selected industry sectors and problems, the conferees
expect that MEP Centers should be able to obtain the funds for these
purposes from local, State, or private-sector sources.
The conference agreement also contains language, included
in the Senate bill, that extends for one year NIST's support
for the Regional Centers beyond the statutory six-year period,
subject to certain conditions. The House bill contained no
extension. The conferees note that this program, as well as
other NIST programs, have remained unauthorized for a number of
years. The House most recently passed NIST authorization
legislation (H.R.1274) earlier this year which would waive the
statutory sunset on manufacturing centers. The Senate has not
passed a companion bill. The conferees had hoped that an
authorization bill would be enacted prior to fiscal year 1998,
obviating the need to address this issue in the appropriations
bill. As stated in the fiscal year 1997 conference report, the
conferees continue to believe this issue is best addressed
through the authorization process. Therefore, while the
conferees have included a one-year waiver of the sunset
requirement to bridge the gap until a NIST authorization is
enacted, the conferees fully expect enactment of appropriate
authorization legislation prior to fiscal year 1999, and thus
do not plan to continue waiving such sunset requirements
through the appropriations process. In addition, the conferees
direct the Secretary of Commerce to review this program and
provide recommendations to the Committees for assisting the
Regional Centers to become self-supporting after their sixth
year of operation, and expect a report from the Secretary to be
submitted with the fiscal year 1999 budget submission.
Advanced Technology Program.--The conference agreement
includes $192,500,000 for the Advanced Technology Program
(ATP), instead of $185,100,000 as proposed in the House bill
and $200,000,000 as proposed in the Senate bill. The
recommendation provides the following distribution for fiscal
year 1998 funds: (1) $68,000,000 for continuation of prior year
awards made using funds provided in fiscal years 1996 and 1997;
(2) $82,000,000 for new awards in fiscal year 1998; and (3)
$42,500,000 for administration, internal NIST lab support and
Small Business Innovation Research requirements. In addition,
language is included in the bill designating the amounts
available for new ATP awards, similar to language included in
the House bill.
CONSTRUCTION OF RESEARCH FACILITIES
The conference agreement provides $95,000,000 for
construction, renovation and maintenance of NIST facilities,
instead of $111,092,000 as proposed in the House bill, and
$16,000,000 included in the Senate bill.
The conferees concur in the direction included in the
House report regarding the development of a long-term
facilities plan for NIST which includes
maintenance,rehabilitation and new construction requirements, and have
included bill language making $78,308,000 of the funds provided in this
account available upon submission of a spending plan which corresponds
to NIST's long-term facilities plan.
National Oceanic and Atmospheric Administration
The conference agreement provides a total funding of
$2,002,139,000 for all programs of the National Oceanic and
Atmospheric Administration (NOAA), instead of $1,850,392,000 as
proposed by the House, and $2,101,555,000 as proposed by the
Senate. Of these amounts, the conferees have included
$1,512,050,000 in the Operations, Research, and Facilities
(ORF) account, $491,609,000 in the new Procurement, Acquisition
and Construction (PAC) account, and $1,480,000 in other NOAA
accounts.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement includes $1,512,050,000 for the
Operations, Research, and Facilities account of the National
Oceanic and Atmospheric Administration instead of
$1,391,400,000 as proposed by the House and $1,999,052,000 as
proposed in the Senate bill. In addition, the conference
agreement allows $3,000,000 in offsetting fees related to the
aeronautical charting program to be collected to offset this
amount, resulting in a final direct appropriation of
$1,509,050,000 instead of $1,388,400,000 as proposed by the
House and $1,996,052,000 as proposed in the Senate bill.
The conference agreement reflects significant changes in
the account structure for NOAA, through the creation of a new
separate account for procurement, acquisition, and construction
activities. Activities, including systems acquisition and new
construction, which previously had been funded within the NOAA
Operations, Research, Facilities (ORF) account are now provided
for in a new account under the heading ``Procurement,
Acquisition and Construction.'' In addition, non-capital
acquisition activities previously provided for in the NOAA
``Construction'' and ``Fleet Modernization, Shipbuilding, and
Conversion'' accounts have been provided for within the ORF
account, as proposed. Language is included in the bill, as
requested, to make the necessary technical changes to reflect
the establishment of this new account. While the conferees have
adopted this new budget structure, the conferees do not intend
to impede the agency's ability to meet its operational and
programmatic requirements through transfers between the ORF and
PAC accounts. The PAC account is intended to assist the agency
and Congress in evaluating NOAA's long-term needs for systems
and facilities acquisition in a timely and cost-effective
manner.
In addition to the new budget authority provided, the
conference agreement allows a transfer of $62,381,000 from
balances in the account titled ``Promote and Develop Fishery
Products and Research Related to American Fisheries,'' as
proposed in the Senate bill, instead of $63,881,000 as proposed
by the House. This amount is equal to the budget request, and
will support a $4,000,000 Saltonstall-Kennedy grant program, in
addition to $2,000,000 in carryover available in the grant
program from fiscal year 1997. The total amount provided also
includes a transfer of $5,200,000 from the Damage Assessment
Revolving Fund, as included in the budget request. In addition,
the conference agreement assumes NOAA will use $1,700,000 from
the Federal Ship Financing Fund to cover administrative
expenses related to that account, and reflects prior year
deobligations and carryover funding totaling $24,000,000.
The conference agreement does not include language
proposed in the House bill designating the amounts provided
under this account for the six NOAA line offices. The Senate
bill contained no similar provision. The conference agreement
adopts the direction included in the House report regarding the
development of a revised budget structure for NOAA in
consultation with the House and Senate Appropriations
Committees, as well as the direction included in both the House
and Senate reports concerning financial and budgetary
management deficiencies at NOAA.
NOAA Commissioned Corps.--The conference agreement
includes language setting the ceiling on the number of
commissioned corps officers in fiscal year 1998 at not more
than 283 by September 30, 1998, instead of a ceiling of 270
officers as included in the House bill, and 299 as included in
the Senate bill.
Unless specifically stated otherwise in this Statement of
the Committee of the Conference, directions included, and
amounts expended, from the NOAA Operations, Research and
Facilities account are to be allocated in accordance with the
recommendations previously described in the Committee reports
of the House and Senate.
The following table reflects the distribution of the
funds provided in this conference agreement:
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH AND FACILITIES, FISCAL YEAR 1998
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
FY97 Enacted Budget request House Senate Conference
----------------------------------------------------------------------------------------------------------------
NATIONAL OCEAN SERVICE
Navigation Services:
Mapping and Charting........ 32,000 30,100 30,100 30,100 30,100
Address Survey Backlog...... 6,000 6,000 13,900 6,000 13,900
Subtotal.................. 38,000 36,100 44,000 36,100 44,000
Geodesy..................... 20,167 19,159 21,100 19,659 20,700
Tide and Current Data....... 12,500 11,000 11,350 11,300 11,350
Acquisition of Data......... 18,200 14,546 14,500 16,046 14,546
-------------------------------------------------------------------------------
Total, Navigation Services 88,867 80,805 90,950 83,105 90,596
===============================================================================
Ocean Resources Conservation
Assessment:
Estuarine and Coastal
Assessment................. 2,674 2,674 2,674 2,674 2,674
Ocean Assessment Program 27,300 28,425 28,600 35,375 35,300
Damage Assessment....... 2,200 3,000 3,000 3,000 3,000
Transfer from Damage
Assessment Fund........ 5,276 6,700 6,700 6,700 6,700
Oil Pollution Act of
1990................... 1,000 1,000 1,000 1,000 1,000
Ocean Services.......... 2,500 2,800 2,500 2,800 2,500
Oceanic and Coastal
Research............... .............. .............. .............. 7,910 7,910
-------------------------------------------------------------------------------
Subtotal.............. 40,950 44,599 44,474 59,459 59,084
Coastal Ocean Program....... 15,200 15,200 17,200 15,200 17,200
-------------------------------------------------------------------------------
Total, ORCA............... 56,150 59,799 61,674 74,659 76,284
===============================================================================
Ocean and Coastal Management:
Coastal Management:
CZM Grants.............. 46,200 65,732 55,000 49,732 49,700
Estuarine Research
Reserve System......... 1,300 4,300 1,000 12,900 5,650
Nonpoint Pollution
Control................ .............. 1,000 1,000 .............. 1,000
Program Administration.. .............. .............. .............. .............. 4,500
-------------------------------------------------------------------------------
Subtotal.............. 47,500 71,032 57,000 62,632 60,850
Marine Sanctuary Program 11,685 13,200 14,000 14,500 14,000
-------------------------------------------------------------------------------
Total, Ocean & Coastal
Management........... 59,185 84,232 71,000 77,132 74,850
===============================================================================
Total, Nos............ 204,202 224,836 223,624 234,896 241,730
NATIONAL MARINE FISHERIES
SERVICE
Information Collection and
Analysis:
Resource Information........ 91,330 92,992 88,344 99,947 99,300
Antarctic Research...... 1,200 1,200 1,200 1,200 1,200
Chesapeake Bay Studies.. 1,890 1,500 1,890 1,890 1,890
Right Whale Research.... 250 200 250 1,000 400
MARFIN.................. 3,000 3,000 3,000 5,000 3,500
SEAMAP.................. 1,200 1,200 1,200 1,200 1,200
Alaskan Groundfish
Surveys................ 661 661 661 961 950
Bering Sea Pollock
Research............... 945 945 945 945 945
West Coast Groundfish... 780 780 780 780 780
New England Stock
Depletion.............. 1,000 1,000 1,000 1,000 1,000
Hawaii Stock Management
Plan................... 500 .............. 500 500 500
Yukon River Chinook
Salmon................. 700 700 700 700 700
Atlantic Salmon Research 710 710 710 960 710
Gulf of Maine Groundfish
Survey................. 567 567 565 567 567
Dolphin/Yellowfin Tuna
Research............... 250 250 250 250 250
Habitat Research/
Evaluation............. 450 450 450 450 450
Pacific Salmon Treaty
Program................ 5,587 5,587 5,587 5,587 5,587
Fisheries Cooperative
Institute.............. 410 410 410 .............. ..............
Hawaiian Monk Seals..... 500 500 500 500 550
Steller Sea Lion
Recovery Plan.......... 1,770 1,440 1,440 2,770 2,770
Hawaiian Sea Turtles.... 248 248 243 248 248
Bluefish/Striped Bass... 785 .............. 800 .............. 800
Halibut/Sablefish....... 1,200 1,200 1,200 1,500 1,200
Gulf of Mexico
Mariculture............ 300 .............. .............. .............. ..............
Summer Flounder......... .............. .............. .............. 250 ..............
-------------------------------------------------------------------------------
Subtotal.............. 116,233 115,540 112,625 128,255 125,497
===============================================================================
Fishery Industry
Information:
Fish Statistics......... 13,000 13,400 13,000 13,400 13,000
Alaska Groundfish
Monitoring............. 5,200 5,200 5,200 5,500 5,500
PACFIN/Catch Effort Data 3,000 3,000 4,700 4,700 4,700
Recreational Fishery
Harvest Monitoring..... 3,400 3,100 3,900 5,000 3,900
-------------------------------------------------------------------------------
Subtotal.............. 24,600 24,700 26,800 28,600 27,100
===============================================================================
Information Analyses and
Dissemination.............. 20,900 21,200 20,900 21,200 20,900
Computer Hardware and
Software............... 4,000 4,000 4,000 4,000 4,000
-------------------------------------------------------------------------------
Subtotal.............. 24,900 25,200 24,900 25,200 24,900
===============================================================================
Acquisition of Data......... 26,840 25,098 26,800 25,098 25,098
-------------------------------------------------------------------------------
Total, Information
Collection and Analysis.. 192,573 190,538 191,125 207,153 202,595
===============================================================================
Conservation and Management
Operations:
Fisheries Management
Programs................... 22,000 29,300 24,500 30,000 27,250
Columbia River
Hatcheries............. 10,955 10,300 10,300 10,955 12,055
Columbia River
Endangered Species..... 288 288 288 288 288
Regional Councils....... 10,200 11,700 11,700 13,000 11,900
International Fisheries
Commissions............ 950 400 400 400 400
Management of George's
Bank................... 478 478 461 478 478
Beluga Whale Committee.. 200 200 200 200 200
Pacific Tuna Management. 1,900 1,500 1,000 1,900 2,300
Chinook Salmon
Management............. .............. .............. .............. 1,884 ..............
-------------------------------------------------------------------------------
Subtotal.............. 46,971 54,166 48,849 59,105 54,871
===============================================================================
Protected Species Management 5,700 6,750 5,700 7,950 6,200
Driftnet Act
Implementation......... 3,278 3,278 3,278 3,278 3,278
Marine Mammal Protection
Act.................... 9,125 9,500 9,500 9,500 9,500
Endangered Species Act
Recovery Plan.......... 13,500 20,200 15,500 20,200 20,200
Fishery Observer
Training............... 417 .............. 417 417 417
East Coast Observers.... 350 350 350 350 350
-------------------------------------------------------------------------------
Subtotal.............. 32,370 40,078 34,745 41,695 39,945
===============================================================================
Habitat Conservation........ 8,000 9,800 8,000 9,800 8,500
Enforcement & Surveillance.. 16,500 18,200 17,000 18,200 17,600
-------------------------------------------------------------------------------
Total, Conservation,
Management & Operations.. 103,841 122,244 108,594 128,800 120,916
===============================================================================
State and Industry Assistance
Programs:
Interjurisdictional
Fisheries Grants........... 2,600 2,600 2,600 3,500 2,600
Anadromous Grants........... 2,108 2,108 2,100 3,000 2,100
Anadromous Fishery Project.. .............. 250 .............. 250 ..............
Interstate Fish Commission.. 5,000 4,000 6,000 8,000 6,750
-------------------------------------------------------------------------------
Subtotal.................. 9,708 8,958 10,700 14,750 11,450
===============================================================================
Fisheries Development Program:
Product quality and safety/
Seafood Inspect............ 14,624 14,624 14,624 12,674 10,524
Hawaiian Fisheries
Development................ 750 .............. .............. 750 750
Marine Biotechnology........ 1,900 1,900 1,900 .............. ..............
Salmon license buy-back..... .............. .............. .............. 3,500 ..............
Washington crab license buy-
back....................... .............. .............. .............. 8,500 ..............
Subtotal.................. 17,274 16,524 16,524 25,424 11,274
-------------------------------------------------------------------------------
Total, State and Industry
Programs................. 26,982 25,482 27,224 40,174 22,724
===============================================================================
Total, NMFS............... 323,396 338,264 326,943 376,127 346,235
OCEANIC AND ATMOSPHERIC
RESEARCH
Climate and Air Quality
Research:
Interannual & Seasonal...... 8,000 12,900 12,900 12,900 12,900
Climate & Global Change
Research................... 60,000 62,000 57,100 60,000 60,000
GLOBE....................... 6,000 7,000 .............. .............. 5,000
-------------------------------------------------------------------------------
Subtotal.................. 74,000 81,900 70,000 72,900 77,900
===============================================================================
Long-term Climate & Air
Quality Research........... 28,372 29,402 28,300 29,402 29,402
High Performance Computing.. 7,500 7,500 6,500 7,500 7,500
-------------------------------------------------------------------------------
Subtotal.................. 35,872 36,902 34,800 36,902 36,902
===============================================================================
Total, Climate and Air
Quality Research......... 109,872 118,802 104,800 109,802 114,802
===============================================================================
Atmospheric Programs:
Weather Research............ 33,613 33,613 33,613 37,413 37,413
Wind Profiler............... 4,350 4,350 4,350 4,350 4,350
-------------------------------------------------------------------------------
Subtotal.................. 37,963 37,963 37,963 41,763 41,763
===============================================================================
Solar/Geomagnetic Research.. 5,493 5,493 5,700 5,493 5,700
-------------------------------------------------------------------------------
Total, Atmospheric
Programs................. 43,456 43,456 43,663 47,256 47,463
===============================================================================
Ocean and Great Lakes
Programs:
Marine Research Prediction.. 15,651 12,126 14,000 14,126 22,976
GLERL................... 5,200 5,200 5,200 6,000 6,000
GLERL/zebra mussel...... .............. .............. .............. 2,000 ..............
Lake Champlain study.... .............. .............. .............. 300 ..............
Tsunami hazard
mitigation............. .............. .............. .............. 2,300 ..............
-------------------------------------------------------------------------------
Subtotal.............. 20,851 17,326 19,200 24,726 28,976
===============================================================================
Sea Grant:
Sea Grant college program... 54,300 50,182 55,300 58,000 56,000
Oyter Disease............... .............. .............. .............. 1,480 ..............
-------------------------------------------------------------------------------
Subtotal.................. 54,300 50,182 55,300 59,480 56,000
===============================================================================
National Undersea Research
Program.................... 12,000 5,400 .............. 15,000 15,500
-------------------------------------------------------------------------------
Total, Ocean and Great
Lakes Program............ 87,151 72,908 74,500 99,206 100,476
===============================================================================
Acquisition of Data......... 12,690 12,884 14,500 15,384 15,000
-------------------------------------------------------------------------------
Total, OAR................ 253,169 248,050 237,463 271,648 277,741
NATIONAL WEATHER SERVICE
Operations and Research:
Local Warnings and Forecasts 298,538 308,000 313,800 329,820 324,000
MARDI....................... 91,462 73,674 73,674 73,674 73,674
Radiosonde Replacement...... 1,500 910 .............. 910 910
Susquehanna River Basin
flood system............... 1,000 619 1,120 1,000 1,120
Aviation forecasts.......... 35,596 35,596 35,596 35,596 35,596
Regional Climate Centers.... 2,000 .............. 2,000 .............. ..............
-------------------------------------------------------------------------------
Subtotal.................. 430,096 418,799 426,190 441,000 435,300
===============================================================================
Central Forecast Guidance... 28,700 29,543 29,543 29,543 29,543
Atmospheric and Hydrological
Research................... 2,000 2,489 2,489 2,489 2,489
-------------------------------------------------------------------------------
Total, Operations and
Research................. 460,796 450,831 458,222 473,032 467,332
===============================================================================
Systems Acquisition:
Public Warnings and Forecast
Systems:
NEXRAD.................. 53,145 39,591 39,591 39,591 39,591
ASOS.................... 10,056 5,341 5,341 5,341 5,341
AWIPS/NOAA Port......... 100,000 .............. .............. .............. ..............
Computer Facilities
Upgrades............... 14,000 8,000 8,000 8,000 8,000
-------------------------------------------------------------------------------
Total, Systems
Acquisition.......... 177,201 52,932 52,932 52,932 52,932
===============================================================================
Total, NWS............ 637,997 503,763 511,154 525,964 520,264
NAT'L ENVIRO SAT DATA INFO
SERVICE
Satellite Observing Systems:
Polar Spacecraft Launching.. 147,300 .............. .............. .............. ..............
Polar Convergence/IPO....... 29,000 51,503 15,000 51,503 34,000
Geostationary Spacecraft and
Launching.................. 171,480 .............. .............. .............. ..............
Ocean Remote Sensing........ 4,000 3,800 1,000 5,000 4,000
Environmental Observing
Systems.................... 51,000 50,347 50,000 50,347 50,347
-------------------------------------------------------------------------------
Total, Satellite Observing
Systems.................. 402,780 105,650 66,000 106,850 88,347
===============================================================================
Environmental Data
Management Systems......... 30,002 27,500 27,500 27,500 27,500
Data and Information
Services............... 14,800 16,335 16,335 16,335 16,335
Regional Climate Centers .............. .............. .............. 3,000 2,500
-------------------------------------------------------------------------------
Total, EDMS........... 44,802 43,835 43,835 46,835 46,335
===============================================================================
Total, NESDIS......... 447,582 149,485 109,835 153,685 134,682
PROGRAM SUPPORT
Administration and Services:
Executive Direction and
Administration............. 19,000 19,911 14,200 19,986 19,200
Systems Acquisition Office.. 1,497 1,497 1,418 1,422 1,420
-------------------------------------------------------------------------------
Subtotal.................. 20,697 21,408 15,618 21,408 20,620
Central Administrative
Support.................... 33,000 31,850 31,850 31,850 31,850
Retired Pay Commissioned
Officers................... 8,000 14,000 9,000 8,000 8,000
-------------------------------------------------------------------------------
Total, Administration and
Services................. 61,697 67,258 56,468 61,258 60,470
Aircraft Services........... 10,000 9,900 9,900 10,400 10,400
Rent Savings................ .............. (4,656) (4,656) (4,656) (4,656)
-------------------------------------------------------------------------------
Total, Program Support.... 71,697 72,502 61,712 67,002 66,214
===============================================================================
Fleet Planning and Maintenance.. 8,000 11,823 2,500 15,823 13,500
Facilities:
NOAA Facilities Maintenance. 2,000 4,488 2,000 1,800 1,800
Sandy Hook Lease............ 1,750 2,000 2,000 1,750 2,000
Environmental Compliance.... 2,000 3,700 2,000 2,000 2,000
WFO Maintenance............. 1,000 2,950 2,950 .............. 1,000
Columbia River Facilities... 4,700 4,465 3,000 4,465 4,465
-------------------------------------------------------------------------------
Total, Facilities......... 11,450 17,603 11,950 10,015 11,265
===============================================================================
Direct Obligations.............. 1,957,493 1,566,326 1,485,181 1,655,160 1,611,631
===============================================================================
Reimbursable Obligations........ 313,515 317,015 317,015 317,015 317,015
New Offsetting Collections (data
sales)......................... 1,200 2,400 2,400 2,400 2,400
Anticipated Offsetting
Collections (aerocharts)....... 3,000 3,000 3,000 3,000 3,000
-------------------------------------------------------------------------------
Subtotal, Reimbursables... 317,715 322,415 322,415 322,415 322,415
===============================================================================
Total Obligations......... 2,275,208 1,888,741 1,807,596 1,977,575 1,934,046
Financing:
Deobligations............... (14,000) (24,000) (24,000) (24,000) (24,000)
Unobligated Balance
transferred, net........... .............. (1,500) (2,000) (1,500) (1,500)
Federal Ship Financing Fund. (1,700) .............. (1,700) .............. (1,700)
Coastal Zone Management Fund .............. .............. .............. .............. (7,800)
New Offsetting Collections
(data sales)............... (1,200) (2,400) (2,400) (2,400) (2,400)
Anticipated Offsetting
Collections (aerocharts)... (3,000) (3,000) (3,000) (3,000) (3,000)
Federal Funds............... (282,500) (172,000) (172,000) (172,000) (172,000)
Non-federal Funds........... (31,015) (145,015) (145,015) (145,015) (145,015)
-------------------------------------------------------------------------------
Subtotal, Financing....... (333,415) (347,915) (350,115) (347,915) (357,415)
===============================================================================
Budget Authority................ 1,941,793 1,540,826 1,457,481 1,629,660 1,576,631
Financing from:
Promote and Develop American
Fisheries.................. (66,000) (62,381) (63,881) (62,381) (62,381)
Damage Assess. & Restor.
Revolving Fund............. (5,276) (5,200) (5,200) (5,200) (5,200)
-------------------------------------------------------------------------------
Appropriation, ORF........ 1,870,517 1,473,245 1,388,400 1,562,079 1,509,050
----------------------------------------------------------------------------------------------------------------
The following narrative provides additional information
related to certain items included in the preceding table.
National Ocean Service
The conferees have provided a total of $241,730,000
under this account for the activities of the National Ocean
Service, instead of $223,624,000 as recommended by the House,
and $234,896,000 recommended by the Senate.
Mapping and Charting.--The conference agreement provides
$44,000,000 for NOAA's mapping and charting programs,
reflecting the conferee's continued commitment to the
navigation safety programs of the NOS, and their concerns for
the ability of the NOS to continue to meet its mission
requirements over the long term. The conferees remain concerned
that NOAA has not taken sufficient steps to plan for its long
term mission requirements, given that overall fiscal
constraints will likely preclude major investments to replace
NOAA hydrographic vessels. It is clear that the future of
NOAA's hydrographic program lies in increased outsourcing to
meet its nautical charting needs. While the conferees
understand the need for NOAA to ensure the quality, standards
and specifications for nautical charts, the conferees are
concerned that NOAA has not taken vigorous steps to make this
transition to outsourcing as an alternative method of meeting
its needs.
Therefore, the conference agreement includes $13,900,000
as provided in the House bill under the line item Address
Survey Backlog/Contracts exclusively for contracting out with
the private sector for data acquisition needs. Further, the
conferees believe that the purchase of equipment for the NOAA
vessel RAINER will enable NOAA to reduce the costs, including
liability insurance costs, associated with contracting with
private sector contractors using such equipment. Further, the
conferees direct that NOAA provide a satisfactory long-term
plan to the House and Senate Appropriations Committees and the
House Resources and Senate Commerce, Science, and
Transportation Committees, no later than February 1, 1998, to
meet the Nation's nautical charting needs. Such plan shall
include, at a minimum, the following: (1) NOAA's short and
long-term plans for utilization of its existing hydrographic
fleet, including the time line for decommissioning these
vessels; (2) mechanisms and alternatives for NOAA to maintain a
core set of capabilities for appropriate oversight, technical
guidance, standards development and specifications for ensuring
data quality; and (3) a plan to acquire not less than 50% of
its hydrographic services through private contract or long-term
leases by fiscal year 1999. The conferees expect NOAA to work
with all interested parties in developing this plan.
Tide and Current Data.--The conference agreement includes
$11,350,000 for this activity in accordance with the direction
included in the House report. The conferees do not anticipate,
and will not consider, future requests for any operational
assistance for any PORTS systems. Further, the conferees expect
NOAA to submit the necessary legislation to the Congress that
would ensure non-Federal support for the operation and
maintenance of such systems.
Ocean Assessment Program.--The conference agreement
includes $35,300,000 for this activity. Within the amounts
provided for ocean assessment, the conference agreement
includes the following: $13,800,000 for NOAA's Coastal Services
Center, of which $300,000 is available for a one-time grant for
implementation of the Charleston Harbor project as detailed in
the Senate report; $5,900,000 to continue the Cooperative
Institute for Coastal and Estuarine Environmental Technology;
$1,000,000 to support coral reef studies in the Pacific and
Southeast as described in the Senate report; $1,000,000 to
provide support for the Commission on Ocean Policy, a
commission whichwill examine both Federal and non-Federal ocean
and coastal activities, and report to the Congress and the President,
and $1,000,000 for pfiesteria monitoring and assessment activities. In
addition, the conference agreement also includes an additional
$2,500,000 increase above the fiscal year 1997 level under Ocean and
Coastal Research and the Coastal Ocean Program for research on
pfiesteria and other harmful algal blooms.
Ocean and Coastal Research.--The conference agreement
includes $7,910,000 for the National Ocean Service laboratory
at Charleston, and has provided this funding under a new line
item entitled ``Ocean and Coastal Research''. This funding
includes $1,500,000 for pfiesteria and toxicology research, and
fisheries forensics and law enforcement. The conferees agree to
transfer management and operation of the Charleston laboratory
from NMFS to the National Ocean Service as proposed by the
Senate. The conferees understand that NOAA has proposed further
realignments of research facilities from other parts of NOAA to
the National Ocean Service as part of a reorganization to
emphasize coastal and ocean programs. The conferees would be
willing to consider such changes upon submission of a
reprogramming, and remind NOAA that all reorganizations are
subject to the requirements of section 605 of this Act.
Further, the conferees direct that the study required by the
House report concerning collaborative research between NOAA and
the U.S. Geological Survey be submitted to the Committees by
March 15, 1998.
Coastal Ocean Program.--The conference agreement provides
$17,200,000 for the Coastal Ocean Program, of which $3,000,000
is for ECOHAB, particularly research related to pfiesteria. The
conference agreement adopts the recommendation included in the
House report regarding efforts to respond to the algae bloom in
the Peconic, Moriches and adjacent Long Island waters as well
as expanding the geographic scope of studies on the ecology and
oceanography of harmful algal blooms. Further, the conferees
recommend funding at the fiscal year 1997 level for restoration
of the South Florida ecosystem.
Coastal Zone Management Program.--For the CZM State
grants program, the conferees have provided $49,700,000, a
$3,500,000 increase over the fiscal year 1997 level to enable
the addition of two new States into the program in fiscal year
1998. The conference agreement provides $5,650,000 for the
National Estuarine Research Reserve (NERRS) program. The
conferees intend these funds be used to support the existing
NERRS program, as assumed in the House bill. Of the amounts
provided, $2,350,000 is provided from direct appropriations and
$3,300,000 is derived from the Coastal Zone Management Fund
(CZMF). In addition, $4,500,000 is provided for program
administration to be derived from the CZMF. The conference
agreement includes funds available from the CZMF in the table
under Coastal Management to provide greater clarity regarding
the resources provided for these programs.
The conferees encourage the coastal managers in the State
of New Jersey to purchase and place oyster cultch in the
Delaware Bay to maintain oyster production and to retain oyster
reef habitat quality.
Marine Sanctuary Program.--The conference agreement
includes $14,000,000 for the National Marine Sanctuary Program.
The conferees understand that the NOAA and the National
Research Council are currently developing a study on the role
of marine sanctuaries in marine resource conservation, as well
as the usefulness of marine reserves, including their impacts
on water quality and the abundance of living marine
resources;and therefore, the conferees expect that a portion of the
increase for the Marine Sanctuary Program will be used for this study.
Other.--Within the amounts provided for geodesy, the
conference agreement includes $500,000 for continuation of
geodetic survey work as described in the Senate report, and
$1,000,000 for the National Height Modernization Study as
described in the House report with the results of this study to
be provided to the Committees no later than June 1, 1998.
National Marine Fisheries Service
The conference agreement includes a total of $346,235,000
for the National Marine Fisheries Service, instead of
$326,943,000 recommended by the House and $376,127,000
recommended by the Senate.
Resource Information.--The conference agreement provides
$99,300,000 for fisheries resource information. Within the
funds provided for resource information, the conference
agreement adopts the recommendation included in the Senate
report with respect to MARMAP. The conference agreement also
includes $1,500,000 under this line item for the Gulf of Mexico
Consortium included in the Senate report, while funding for the
Hawaii stock enhancement project is provided for elsewhere in
this account. In addition, $900,000 is for a one-time study of
potential new fisheries in the Chuckchi Sea by the Bering Sea
Fishermen's Association, $400,000 is for an assessment of
Atlantic herring and mackerel, $5,000,000 is for continuation
of the aquatic resources environmental initiative, and $250,000
is for a one-time study by the National Academy of Sciences of
summer flounder. Also included is $3,800,000 for a study on the
effect of intentional encirclement on dolphins and dolphin
stocks in the eastern tropical Pacific Ocean purse seine
fishery.
In addition, the conferees concur in the House and Senate
direction regarding the accuracy and effectiveness of data
collection efforts by NMFS. Within the total amount provided
for Resource Information, the conferees have provided
$1,250,000 only for the Gulf and South Atlantic Fisheries
Development Foundation (Foundation) to develop and administer a
comprehensive program for data collection and analyses on the
shrimp fishing effort in the Gulf of Mexico and South Atlantic,
and to convene a working group to establish parameters for the
Gulf of Mexico and South Atlantic red snapper stock assessment,
including an analysis and assessment of red snapper mortality
and fisheries impact resulting from discards by commercial and
recreational fishermen due to regulatory requirements. This
working group shall include a representative from NMFS, the
Gulf of Mexico Fisheries Management Council (Council), and the
Gulf States Marine Fisheries Commission (Commission) and shall
provide for fair representation of the commercial and
recreational red snapper industry, academia, State agencies,
and other affected fisheries. The Foundation shall report its
findings and recommendations to the House and Senate Committees
on Appropriations and to NMFS within 180 days of enactment of
this Act.
In addition, within the amounts included for Resource
Information, the conferees have provided $750,000 only for the
Gulf States Marine Fisheries Commission to enhance the current
recreational data collection program in the fisheries
information network for the Gulf of Mexico. This funding is in
addition to funding provided under the RECFIN program. The
Commission, in consultation with the States, the Council,NMFS,
the Foundation, and affected interest groups shall develop and
implement this data collection program and complete a transition that
will commence a cooperative program with all the Gulf States. The
Commission shall provide a report back to the Committees on
Appropriations by April 1, 1998 on the roles of the respective partners
in the cooperative system and the cost of transitioning to a new system
of data collection, analysis and access. The conferees direct that
these Foundation and Commission data collection and analyses efforts
not be duplicated within NMFS or the Council.
The conference agreement also provides funds for right
whale research, including gear modification research; MARFIN,
including expansion of the program to the New England States;
and Alaskan groundfish surveys, including calibration studies.
Steller Sea Lion Recovery Plans.--The conference
agreement includes $2,770,000 for this activity, including
$1,000,000 for a one-time support for the National Fish and
Wildlife Foundation for research at the Alaska SeaLife Center,
with the remaining funds to be allocated per the distribution
in the Senate report for work by the State of Alaska and the
North Pacific Universities Marine Mammal Consortium.
Fishery Industry Information.--Within the funds provided
for Fishery Industry Information, the conference agreement
provides $3,900,000 for recreational fishery harvest monitoring
to be expended in accordance with the direction included in the
Senate report. In addition, the conferees have provided funding
under this activity for the Pacific Fisheries Information
Network, a portion of which is for the Alaska Fisheries
Information Network as recommended in the House and Senate
reports.
Fisheries Management Programs.--The conference agreement
includes $27,250,000 for this activity, including continued
funding for the Alaska Harbor Seal Commission at the fiscal
year 1997 level, and $350,000 to continue ongoing sea turtle
recovery efforts at Rancho Nuevo and loggerhead nesting and
research programs as described in the House report. In
addition, within these amounts, $450,000 is for the Atlantic
salmon recovery plan, $1,500,000 is for chinook salmon
management, and $150,000 is for the State of Maine Atlantic
salmon recovery plan.
Regional Councils.--The conference agreement includes
$11,900,000 for this activity. The conferees direct NMFS and
the Mid-Atlantic Fishery Management Council to provide the
necessary resources to enable the State of North Carolina to
become a full participant in the Council in accordance with
section 107 of the Magnuson-Stevens Act.
Protected Species Management.--Within the funds provided
for protected species management, $500,000 is for a study of
the impacts of California sea lions and harbor seals on
salmonids and the West Coast ecosystem.
Interstate Fish Commissions.--The conference agreement
includes $6,750,000 for this activity, of which $750,000 is to
be equally divided among the three commissions, and $6,000,000
is for implementation of the Atlantic Coastal Fisheries
Cooperative Management Act.
Sea Turtle Protection.--The conferees concur in the House
direction regarding sea turtle protection, recovery efforts and
the prohibition on developing or implementing any new or
revised biological opinions regarding shrimp fishing and turtle
interaction until the Secretary of Commerce establishes a
shrimp-turtle panel to develop such biological opinions.
However, the conferees direct the Secretary to submit an
implementation plan regarding the House direction on the
shrimp-turtle panel and theestablishment of a standardized
statistical sea turtle stranding network no later than 30 days after
enactment of this Act.
Bycatch Reduction.--The conferees also direct the
Secretary of Commerce to comply with the direction provided in
the House report regarding the implementation of an independent
working group as recommended by industry to NMFS. The Secretary
is directed to report back to the Committees on Appropriations,
no later than December 1, 1997, as to the establishment of the
independent working group. The conferees direct the Department
of Commerce and NMFS not to implement or enforce any measure
that would increase the minimum size for red snapper caught in
the Gulf of Mexico to over 15 inches. The conferees are also
concerned that the Gulf of Mexico Fishery Management Council's
scientific and statistical committee lacks adequate
representation of individuals with degrees in statistics and
that the current demographic and industry representation on the
reef fish and red snapper advisory panels is not balanced. The
conferees expect NMFS to remedy this situation and report back
to the Committees on Appropriations on their actions to correct
this situation.
Other.--In addition, within the funds available for the
Saltonstall-Kennedy grants program, the conferees direct that
$150,000 be provided to the Alaska Fisheries Development
Foundation to be used in accordance with the direction included
in the Senate report, and funds be provided pursuant to the
direction included in the House to support ongoing efforts
related to Vibrio vulnificus.
Further, the conferees intend that funds for the Hawaii
stock management plan and the Hawaii fisheries development
project continue to be administered by the Oceanic Institute.
In addition, the conference agreement transfers the following
amounts from NMFS to NOS to reflect the transfer of management
and operation of the Charleston laboratory: $4,100,000 from the
Product Quality and Safety/Seafood Inspection line item;
$410,000 from the Fisheries Cooperative Institute line item;
and $1,900,000 from the Marine Biotechnology line item.
Oceanic and Atmospheric Research
The conference agreement includes a total of $277,741,000
for Oceanic and Atmospheric Research activities, instead of
$237,463,000 as recommended by the House and $271,648,000 as
recommended by the Senate.
Interannual and Seasonal Climate Research.--The conferees
have provided $12,900,000 for interannual and seasonal climate
research under the structure proposed by the Senate, including
$4,900,000 to operationalize the El Nino observing array (TOGA-
TOW), as requested in the budget.
Climate and Global Change Research.--The conference
agreement includes $60,000,000 for the Climate and Global
Change research program, an increase of $4,900,000 above the
amounts provided in fiscal year 1997. Within the overall
amounts provided, the conferees have provided the full request
of $7,250,000 for the International Research Institute and
related regional application centers, a $2,000,000 increase
over the fiscal year 1997 level. The conferees expect OAR to
use the full $2,900,000 additional increase for activities
directly related to El Nino, including additional support for
the regional applications centers as well as to develop a
national applications program to improve U.S. seasonal and
interannual climate forecasts.
Long-term Climate and Air Quality Research.--The
conferees have provided the full request of $29,402,000 for
this activity, including requested increases for the Health of
the Atmosphere program.
Atmospheric Programs.--The conference agreement provides
$37,413,000 for this activity in accordance with the direction
provided in the Senate report.
Marine Prediction Research.--The conference agreement
includes $22,976,000 for marine prediction research. Within
this amount, the Arctic Research Initiative is to be funded as
directed in the House report, and the Open Ocean Aquaculture
Initiative is to be funded in accordance with the Senate
report. In addition, $2,300,000 is provided for tsunami
mitigation; $150,000 is for the Lake Champlain study;
$2,200,000 is for the VENTS program; $4,000,000 to continue an
initiative for the aquatic ecosystems, water quality,
atmospheric research, and facilities construction at the Canaan
Valley Institute; and $1,500,000 is for implementation of the
National Invasive Species Act, of which $500,000 is for the
Chesapeake Bay Ballast Demonstration as directed in the Senate
report.
GLERL.--Within the $6,000,000 provided for the Great
Lakes Environmental Research Laboratory, the conferees expect
NOAA to continue its support for the Great Lakes nearshore
research and GLERL zebra mussel research programs.
Sea Grant.--The conferees have included $56,000,000 for
the National Sea Grant program, and expect NOAA to continue to
fund the existing oyster disease research and zebra mussel
research programs within these amounts. Of the amounts
provided, $1,000,000 is for the Gulf of Mexico Oyster Disease
Initiative.
National Undersea Research Program (NURP).--The
conference agreement provides $15,500,000 for the NURP, of
which $1,500,000 is for the JASON Foundation for Education to
develop and implement a program, in collaboration with NOAA,
that will translate data from several independently supported
oceanographic and underwater research sites in the United
States to students and teachers throughout the nation and
abroad as part of the 1998 International Year of the Ocean.
Further, as part of the 1998 International Year of the Ocean,
the conferees have also provided $500,000 to help finalize work
on the Odyssey Maritime Center which will provide educational
and research activities related to the oceans. Of the remaining
$13,500,000, the conferees expect the funds to be distributed
to the existing nationwide undersea research centers. The
conferees direct that not less than $5,000,000 of these funds
should be made available to West Coast NURP centers, including
the Hawaii and Pacific Center and the West Coast and Polar
Regions Center, and not more than $1,000,000 shall be used for
NOAA administrative costs and the intramural research.
National Weather Service
The conference agreement includes a total of $520,264,000
for the National Weather Service (NWS), instead of $511,154,000
as proposed by the House, $525,964,000 as proposed by the
Senate, and $503,763,000 requested in the budget. Further, an
additional $132,781,000 is provided within the new NOAA
Procurement, Acquisition and Construction account for NWS
systems acquisition and related activities which were
previously funded under this heading in this account. The
conference agreement also provides $14,823,000 elsewhere in
this account.
Local Warnings and Forecasts/Base Operations.--The amount
provided includes $324,000,000 for the base operations of the
National Weather Service, an increase of $10,200,000 above the
amount provided in the House bill, and $16,000,000 above the
request. Within these amounts, the conferees direct the NWS to
provide funding as directed in the House and Senate reports to
provide transmitters to address the concerns regarding gaps in
coverage provided by NOAA Weather Radio in certain areas. In
addition, within these amounts, the conferees direct the NWS to
continue operating and maintaining all data buoys and coastal
marine automated network stations funded and supported by the
NWS in fiscal year 1997. The conferees are aware of the review
conducted by the Department recommending management and budget
reforms at the NWS. Due to the delay in completion of this
review, which was not provided to the Committees until October
23, 1997 the conferees have not had sufficient opportunity to
analyze the results and recommendations. However, the conferees
look forward to working with NOAA and the Department to address
these issues and would be willing to entertain a reprogramming
of funds should additional resources be required to implement
these reforms in fiscal year 1998. In addition, the conferees
expect no action to be taken to reorganize the NWS, including
the regional structure, without prior consultation with the
Committees on Appropriations.
In addition, while the NWS no longer provides specialized
agriculture forecasts, the conferees expect the NWS to
cooperate with and provide its existing basic data and
information to the agricultural community, which includes
farmers, their trade associations, State agencies, educational
institutions and the U.S. Department of Agriculture.
Within the amounts available to the National Weather
Service, the conferees direct that not less than $3,300,000 be
provided to the Tropical Prediction Center (National Hurricane
Center), and not less than $3,000,000 be provided to the Storm
Prediction Center in fiscal year 1998.
In addition, the conferees are concerned about the radar
obstruction detected at the NEXRAD facility located at the
Jackson, Mississippi airport. The NWS is expected to receive a
report in November 1997 regarding actions needed to correct
this obstruction. Upon receipt of this report, the conferees
expect the NWS to take immediate action to mitigate the NEXRAD
blockage.
Modernization and Associated Restructuring Demonstration
Program (MARDI).--The conference agreement includes $73,674,000
for MARDI, as provided in the House and Senate bills, and the
full amount requested. Reductions from the fiscal year 1997
level reflect the non-recurrence of one-time contract costs
associated with the NOAA Weather Radio Console Replacement
system, as well as consolidation of field offices in accordance
with modernization plans. Within the amounts for MARDI, full
funding has been provided for the operational costs associated
with mitigation activities recommended in the Secretary's
report to the Congress on areas of concern under the NWS
modernization program.
National Environmental Satellite, Data and Information Service
The conference agreement includes $134,682,000 for NOAA's
satellite and data management programs. In addition, the
conference agreement includes $298,905,000 under the new NOAA
Procurement, Acquisition and Construction (PAC) account
forsatellite systems acquisition and related activities previously
provided for under this heading within the ORF account.
Environmental Data Management.--The conferees have
included $46,335,000 for EDMS activities. Under EDMS, the
conference agreement includes $2,500,000 for the Regional
Climate Centers, and adopts the Senate recommendation to
transfer this program from the National Weather Service to
NESDIS.
Polar Convergence.--The conference agreement includes
$34,000,000 for the interagency program office to converge the
NOAA and Department of Defense (DOD) polar satellite
convergence programs. The conferees believe the recommendation
provides the necessary funding to ensure the timely progression
of the Polar convergence program. Within the amounts provided
for Polar convergence, the conferees have included $3,000,000
to determine the feasibility of collecting global wind weather
data from the private sector. The data should be of an accuracy
and coverage that will improve weather forecasts substantially,
and should be acquired by a technique that can be expanded to
provide for other data products of interest to NOAA. The
conferees expect NOAA to use the fiscal year 1998 funds as
follows: at least $2,000,000 to test the collection of wind
data through ground-based instrumentation similar to that used
by satellite systems; and to develop a proposal for the use of
such data provided by the private sector into NOAA services and
products; and to issue a request for proposals (RFP) to provide
the agency with wind data. The conferees anticipate receiving
NOAA's proposal for the use of this data not later than April
30, 1998, and that the RFP will be issued by the agency no
later than May 15, 1998. No contract may be awarded in fiscal
year 1998 as a result of the request for proposals.
The conferees share the concerns expressed in the House
report regarding the achievement of cost savings from Polar
convergence. The conferees direct NOAA to follow the direction
in the House report regarding this matter.
Program Support
The conference agreement provides $66,214,000 for NOAA
program support, instead of $61,712,000 as recommended by the
House and $67,002,000 recommended by the Senate.
Fleet Planning and Maintenance
The conference agreement includes an appropriation of
$13,500,000 for this activity in the Operations, Research, and
Facilities (ORF) account, instead of $2,500,000 as included in
the House bill within ORF, and $15,823,000 included in the
Senate bill under a separate Fleet Modernization, Shipbuilding,
and Conversion account. The conference agreement includes
$4,000,000 for modernization of the RELENTLESS as proposed in
the Senate bill. The conference agreement does not provide
$1,500,000 requested in the budget for additional equipment to
modernize hydrographic vessels. This matter is discussed
further elsewhere in this account. In addition, further
guidance regarding this account is included under section 612
of this Act.
Facilities
The conference agreement includes $11,265,000 for
facilities maintenance, lease costs, and environmental
compliance, instead of $11,950,000 included in the House bill,
and $10,015,000 included in the Senate bill under a separate
Construction account. Of the amounts provided: $1,800,000 is
for NOAA facilities maintenance, $2,000,000 is for the lease
costs of the Sandy Hook facilities, $2,000,000 is for
environmental complianceactivities, $1,000,000 is for Weather
Forecast Office maintenance, and $4,465,000 is for Columbia River
facilities maintenance.
Procurement, Acquisition and Construction
(including transfers of funds)
The conference agreement includes a total of $491,609,000
for a new Procurement, Acquisition and Construction account.
This new account funds capital acquisition activities,
including systems acquisition and new construction, previously
funded within the NOAA Operations, Research, and Facilities
account and the Construction account. Language is included in
the bill to make the necessary technical changes to reflect the
establishment of this account. While the conferees have adopted
this new budget structure, the conferees have done so expecting
NOAA, the Department of Commerce, and the Office of Management
and Budget to continue to utilize funding available within all
NOAA accounts, including capital investment items, for
reprogrammings and transfers to deal with changing operational
and programmatic requirements of NOAA. The following
distribution reflects the fiscal year 1998 funding provided for
activities within this account:
Systems Acquisition:
AWIPS............................................... $116,910,000
ASOS................................................ 4,494,000
NEXRAD.............................................. 6,377,000
Computer Facilities Upgrades........................ 5,000,000
Polar Spacecraft and Launching...................... 82,905,000
Geostationary Spacecraft and Launching.............. 216,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Systems Acquisition..................... 431,686,000
========================================================
____________________________________________________
Construction:
Boulder Lab Above Standard Costs.................... 2,900,000
WFO Construction.................................... 13,823,000
Santa Cruz Fisheries Lab............................ 15,200,000
NERRS Construction.................................. 8,000,000
Honolulu Fisheries Lab.............................. 2,000,000
Gulf Coast Lab...................................... 5,000,000
Alaska Facilities................................... 8,000,000
Pribilof Island Cleanup............................. 5,000,000
--------------------------------------------------------
____________________________________________________
Subtotal, Construction............................ 59,923,000
========================================================
____________________________________________________
Systems Acquisition.--The conference agreement provides
the full amount requested for AWIPS acquisition. Language is
included, slightly modified from the House bill, designating
the amounts available under this account for AWIPS, and making
the availability of these funds contingent upon certification
by the Secretary of Commerce that the overall program costs
will not exceed $550,000,000. The conferees expect NOAA to
follow the direction included in the House report regarding
consultation with the Committees.
Of the amount provided under this account for NEXRAD,
$4,377,000 is provided for continued acquisition activities
associated with the three additional NEXRAD systems as
described in the House report, and $2,000,000 is for planned
product improvements. While the conferees appreciate the need
to ensure upgrades and improvements in the modernized weather
system, the first priority must be to provide the resources and
attention necessary to first complete the original
modernization as planned.
Construction.--The conference agreement includes
$2,900,000 for above standard costs for the Boulder Laboratory,
an increase above the request to cover additional unanticipated
costs associated with completion of this facility, including
soil mitigation and access road improvements. The conference
agreement also includes $15,200,000 for the Santa Cruz
Laboratory, in accordance with the direction included in the
House report regarding submission of a spending plan and
overall costs for completion of this facility.
Of the amounts provided for National Estuarine Research
Reserve construction, $2,000,000 is included for the ACE Basin
Reserve as recommended in the Senate report.
The conference agreement includes $8,000,000 for Alaska
facilities construction related to fisheries laboratory
requirements, and includes bill language providing for the
transfer of land related to construction of the Juneau
laboratory.
Coastal Zone Management Fund
The conference agreement includes an appropriation of
$7,800,000, as provided in both the House and Senate bills,
from the Coastal Zone Management Fund. The conference agreement
allocates these funds as follows: $4,500,000 for program
administration and $3,300,000 for the National Estuarine
Research Reserve Program. These amounts are reflected under the
National Ocean Service within the Operations, Research, and
Facilities account.
Construction
The conference agreement does not include funding under a
separate Construction account, reflecting the adoption of a new
NOAA account structure as recommended in the House bill. A
total of $71,188,000 is provided within the NOAA ORF account
and the new NOAA PAC account for activities previously funded
in this account. The Senate bill included $88,000,000 under a
separate Construction account.
Fleet Modernization, Shipbuilding and Conversion
The conference agreement does not include funding under a
separate Fleet Modernization, Shipbuilding and Conversion
account, reflecting the adoption of a new NOAA account
structure as recommended in the House bill, and instead
includes $13,500,000 for this purpose within the NOAA ORF
account. The Senate bill included $15,823,000 under a separate
Fleet Modernization, Shipbuilding and Conversion account.
Fishing Vessel and Gear Damage Compensation Fund
The conference agreement does not include funding for
this account, as recommended in the House bill and proposed in
the budget. The Senate bill provided $200,000 for this account.
Fishermen's Contingency Fund
The conference agreement includes $953,000 for the
Fishermen's Contingency Fund, as provided in both the House and
Senate bills.
Foreign Fishing Observer Fund
The conference agreement includes $189,000 for the
expenses related to the Foreign Fishing Observer Fund, as
provided in both the House and Senate bills.
Fisheries Finance Program Account
The conference agreement provides $338,000 in subsidy
amounts for Fisheries Finance Program Account, the same total
amount proposed in the Senate bill, instead of $250,000
recommended in the House bill. The conference agreement
reflects changes made to this account in the Magnuson-Stevens
Act which converted this account from a guaranteed loan program
to a direct loan program, as proposed in the House bill. In
addition, the conference agreement renames this account,
previously referred to as the Fishing Vessel Obligations
Guarantees account, to reflect such changes.
General Administration
salaries and expenses
The conference agreement includes $27,490,000 for the
general administration of the Commerce Department, instead of
$28,490,000 as proposed in the Senate bill and $26,490,000 as
proposed in the House bill, and a reduction of $2,595,000 from
the request. The conference recommendation assumes savings as a
result of personnel reductions in fiscal year 1997 and other
administrative reforms. Should additional funds be required to
avoid adverse personnel actions or to improve management and
oversight functions at the Department, the conferees would be
willing to consider a transfer in accordance with section 605
of this Act.
Office of Inspector General
The conference agreement includes $20,140,000 for the
Commerce Department Inspector General, as proposed in both the
House and Senate bills.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
(Rescission)
The conference agreement includes a rescission of
$20,500,000 from prior year unobligated balances in NOAA
satellite programs, due to lower than expected program needs in
fiscal year 1997. The House bill rescinded $5,000,000 from
these satellite procurement balances, while the Senate bill
contained no rescission. This rescission reduces the amount of
unobligated balances that would be transferred to the new
``Procurement, Acquisition, and Construction'' appropriations
account.
United States Travel and Tourism Administration
Salaries and Expenses
(rescission)
The conference agreement includes a rescission of
$3,000,000 in unobligated balances from the U.S. Travel and
Tourism Administration (USTTA). These funds are derived from
excess funds provided for closeout costs for USTTA, which was
eliminated in fiscal year 1996.
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
The conference agreement includes the following general
provisions for the Department of Commerce:
Section 201.--The conference agreement includes section
201, included in both the House and Senate versions of the
bill, regarding certifications of advanced payments.
Sec. 202.--The conference agreement includes section 202,
identical in both the House and Senate versions of the bill,
allowing funds to be used for hire of passenger motor vehicles.
Sec. 203.--The conference agreement includes section 203,
identical in both the House and Senate versions of the bills,
prohibiting reimbursement to the Air Force for hurricane
reconnaissance planes.
Sec. 204.--The conference agreement includes section 204,
identical in both the House and Senate versions of the bill,
prohibiting funds from being used to reimburse the Unemployment
Trust Fund for temporary census workers.
Sec. 205.--The conference agreement includes section 205,
identical in both the House and Senate versions of the bill,
regarding transfer authority between Commerce Department
appropriation accounts.
Sec. 206.--The conference agreement includes section 206,
providing for the notification of the House and Senate
Committees on Appropriations of a plan for transferring funds
to appropriate successor organizations within 90 days of
enactment of any legislation dismantling or reorganizing the
Department of Commerce, as proposed in the House and Senate
bills, with a modification to include any reorganizations or
changes affecting any portion of the Department.
Sec. 207.--The conference agreement includes section 207,
similar to provisions included in the House and Senate bills,
requiring that any costs related to personnel actions incurred
by a Department or agency funded in title II of the
accompanying Act, be absorbed within the total budgetary
resources available to such Department or agency, with a
modification to include the care of loan collateral and grants
protection.
Sec. 208.--The conference agreement includes section 208,
as proposed in the House and in the Senate bill as section 209,
allowing the Secretary to award contracts for certain mapping
and charting activities in accordance with the Federal Property
and Administrative Services Act.
Sec. 209.--The conference agreement includes new
language, not included in either the House or Senate bills,
regarding the conduct of the 2000 decennial census.
Sec. 210.--The conference agreement includes new
language, not included in either the House or Senate bills,
establishing the Census Monitoring Board.
Sec. 211.--The conference agreement includes section 211,
as proposed in the Senate bill, amending 22 U.S.C. 401 and 28
U.S.C. 524 to provide the Secretary of Commerce assets seizure,
forfeiture, and disposal authority. The House bill did not
address this matter.
Sec. 212.--The conference agreement includes section 212,
modified from the Senate bill, allowing for the transfer of
funds previously awarded by the Economic Development
Administration, and extending the availability of funds
provided in certain instances to remain available until
expended. The House bill contained no similar provision.
The conference agreement does not include a provision
included in the Senate bill modifying the designation of a
Metropolitan Statistical Area. In addition, the conference
agreement does not include a provision included in the Senate
bill making additional funds available for the NTIA Information
Infrastructure Grants program by offsetting reductions in other
accounts in title II. These matters are addressed elsewhere in
title II. Further, the conference agreement does not include a
``Sense of the Senate'' provision regarding the fraudulent
transfer of presubscribed telephone customers.
The conference agreement includes a technical citation
for this title, as proposed in the Senate bill.
TITLE III--THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
The conference agreement includes $29,245,000 for the
salaries and expenses of the Supreme Court, instead of
$29,278,000 as provided in the House bill and $28,903,000 as
provided in the Senate bill. In addition, $33,000 for this
account is made available under section 306 in connection with
the cost of living increase for federal judges.
Full funding is provided to improve police radio system
area coverage. The Marshal's Office shall deliver to the
Appropriations Committees the assessment of needs for enhancing
the system as soon as it is received from the radio contractor.
Additionally, a report shall be provided not later than March
1, 1998 on the compatibility of the upgraded Supreme Court
radio system with the radio systems of the District of Columbia
police, fire, and emergency services, Capitol and other federal
police, and state and local police.
CARE OF THE BUILDING AND GROUNDS
The conference agreement includes $3,400,000 for the
Supreme Court Care of the Building and Grounds account, as
provided in the House bill, instead of $6,170,000 as provided
in the Senate bill. Within the amount provided, the conference
agreement includes the requested amounts for elevator
renovation and ADA requirements, $75,000 for miscellaneous
improvements (including a study to replace/retrofit 13.2
kilovolt switchgear and cables), and $600,000 for capital
improvements, including the requested amounts for the schematic
design of building improvements and utility systems upgrade,
the emergency electrical distribution system, and fire pump
electric feeders upgrade, and $225,000 for the fire alarm
systems upgrade.
The conference agreement allows $485,000 of this
appropriation to remain available until expended, compared with
$410,000 in the House bill and $3,620,000 in the Senate bill.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The conference agreement includes $15,575,000 for the
U.S. Court of Appeals for the Federal Circuit, instead of
$15,507,000 as provided in the House bill and $15,796,000 as
provided in the Senate bill. In addition, $42,000 for this
account is made available under section 306 in connection with
the cost of living increase for federal judges. The total
amount available of $15,617,000 is sufficient to fund current
service requirements but does not include funding for the
additional positions requested in the budget.
United States Court of International Trade
SALARIES AND EXPENSES
The conference agreement includes $11,449,000 for the
U.S. Court of International Trade, instead of $11,478,000 as
provided in both the House and Senate bills. An additional
$29,000 for this account is made available under section 306 in
connection with the cost of living increase for federal judges.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The conference agreement provides $2,682,400,000 for the
salaries and expenses of the federal judiciary, instead of
$2,687,069,000 as provided in the House bill and$2,789,777,000
as provided in the Senate bill. An additional $4,896,000 for this
account is made available under section 306 in connection with the cost
of living increase for federal judges.
Including amounts provided under the Violent Crime
Reduction Trust Fund, addressed below, and section 306, the
total amount available in this conference agreement for the
salaries and expenses of the courts is $2,727,296,000, instead
of $2,727,069,000 as provided in the House bill and
$2,789,777,000 as provided in the Senate bill.
In addition to these appropriated resources, there is
likely to be available at least $156,807,000 in fee carryover
from prior years, $135,185,000 in current year fees,
$11,727,000 and $51,046,000 in appropriations carryover.
Within the overall funding available for fiscal year
1998, the conferees expect the judiciary to fund its highest
program priorities, including additional magistrate judges,
bankruptcy clerks, and probation and pretrial services. The
conferees are aware of the judiciary's proposal to increase
funding for electronic courtroom technologies, and expect to be
kept apprised of plans to carry this proposal out. The
conferees agree that the language in the House report relating
to optimal utilization of judicial resources is to be followed.
The conference agreement provides that within the total
provided, $900,000 shall be transferred to the Commission on
Structural Alternatives for the Federal Courts of Appeals,
which is provided for under section 305. The conference
agreement includes a change in the heading of this account to
indicate that this account contains a transfer of funds. The
House and Senate bills did not contain a provision on this
matter.
The conference agreement permits $13,454,000 for space
alteration projects to remain available until expended, as
provided in the House bill, instead of $16,530,000 as provided
in the Senate bill.
The conference agreement also appropriates $2,450,000
from the Vaccine Injury Compensation Trust Fund for expenses
associated with the National Childhood Vaccine Injury Act of
1986, as provided in both the House and Senate bills.
Violent crime reduction trust fund.--The conference
agreement includes an appropriation of $40,000,000 from the
Violent Crime Reduction Trust Fund, as provided in the House
bill, instead of no funds as provided in the Senate bill. The
conferees intend that these funds be used to offset workload
requirements of the federal judiciary related to the Violent
Crime Control and Law Enforcement Act of 1994 and the Anti-
Terrorism and Effective Death Penalty Act of 1996.
DEFENDER SERVICES
The conferees have included $329,529,000 for the federal
judiciary's Defender Services account, as provided in the House
bill, instead of $308,000,000 as provided in the Senate bill.
The conferees do not assume use of any prior year fee carryover
in this account, as had been assumed in the Senate bill. If
additional funds are required, funding provided for the Violent
Crime Reduction Trust Fund and fee carryover under the Salaries
and Expenses account is available by transfer.
The conference agreement does not include a provision
that was included in the Senate bill to cap the annual
incremental cost of each capital representation at $63,000 and
to require that any costs in excess of that amount be paid
equally out of funds appropriated or otherwise made available
to the administrative units supporting the prosecutor and
presiding judge. However, the conferees restate the concerns
expressed in both the House and Senate reports concerning the
rapidly rising costs in the program, including the average cost
of capital representations. In response to these concerns, and
at the request of the Committees, the Administrative Office of
the Courts, has commenced a study to identify the reasons for
the rapidly increasing costs within this account and to provide
recommendations to control these costs. This should include
recommendations with respect to best practices to help develop
and disseminate guidelines focused on case cost containment.
This report, to be developed and carried out in consultation
with the General Accounting Office, is due to Congress by
February 2, 1998.
Because the costs of the existing program have been
rising so rapidly, and the possibility that funding
requirements in fiscal year 1998 will exceed the budget request
by a significant amount, the conferees have not provided for
increases in the rate for panel attorneys or other program
increases.
FEES OF JURORS AND COMMISSIONERS
The conference agreement includes $64,438,000 for Fees of
Jurors and Commissioners, instead of $66,196,000 as proposed in
the House bill and $68,252,000 as proposed in the Senate bill.
The amount provided reflects the latest estimate from the
judiciary of the requirements for this account.
COURT SECURITY
The conference agreement includes $167,214,000 for the
federal judiciary's Court Security account as proposed by the
House instead of $167,883,000 as proposed by the Senate. In
addition, the conference agreement permits up to $10,000,000 of
the total toremain available until expended for court security
systems and equipment, instead of $26,920,000 permitted to remain
available until expended as proposed in the Senate bill, and no
extended availability as proposed in the House bill. The funding
provided in the conference agreement, which is a large increase over
the amount provided in fiscal year 1997, is intended to fully fund the
personnel and equipment necessary to bring court security up to
applicable security standards, as requested, and should these funds not
be sufficient, the judiciary and the Marshals Service will be expected
to absorb any additional costs from within their budgets.
Administrative Office of the United States Courts
salaries and expenses
The conference agreement includes $52,000,000 for the
Administrative Office of the United States Courts, as proposed
by the House, instead of $53,843,000 as proposed by the Senate.
This level of funding will provide a portion of the additional
staff requested in the budget. The conferees expect the
additional staff to be used for strengthening the
Administrative Office's capability to manage and oversee the
Defender Services and Court Security budgets and for automation
support staff, as provided in both the House and Senate
reports. The conferees assume that non-appropriated funds of
$37,169,000 will be available for the operations of the
Administrative Office.
Federal Judicial Center
salaries and expenses
The conference agreement includes $17,495,000 for the
fiscal year 1998 salaries and expenses of the Federal Judicial
Center, as proposed in both the House and Senate bills.
Judicial Retirement Funds
payment to the judiciary trust funds
The conference agreement includes $34,200,000 for payment
to the various Judicial retirement funds as provided in both
the House and Senate bills.
United States Sentencing Commission
salaries and expenses
The conferees have included $9,240,000 for the U.S.
Sentencing Commission, instead of $9,000,000 as provided in the
House bill, and $9,480,000 as provided in the Senate bill. No
funding is provided for public service announcements, because
of the availability of substantial funding for these
announcements within the Office of National Drug Control
Policy.
General Provisions--The Judiciary
Section 301.--The conference agreement includes section
301 as provided in both the House and Senate bills allowing
appropriations to be used for services as authorized by 5
U.S.C. 3109.
Sec. 302.--The conference agreement includes section 302,
included in both the House and Senate bills, providing the
Judiciary with the authority to transfer funds between
appropriations accounts.
Sec. 303.--The conference agreement includes section 303,
identical in both the House and Senate versions of the bill,
allowing up to $10,000 of salaries and expenses funds provided
in this title to be used for official reception and
representation expenses of the Judicial Conference of the
United States.
Sec. 304.--The conference agreement includes section 304,
as proposed in the Senate bill, which provides a permanent
extension of the authority for the Judiciary Automation Fund.
The House bill did not include any provision on this matter.
Sec. 305.--The conference agreement includes section 305,
creating the Commission on Structural Alternatives for the
Federal Courts of Appeals. The functions of the Commission are
to study the present division of the United States into the
several judicial circuits; study the structure and alignment of
the Federal Court of Appeals system, with particular reference
to the Ninth Circuit, and to report to the President and the
Congress its recommendations for changes in circuit boundaries
or structures. The Commission is to be made up of 5 members, to
be appointed by the Chief Justice of the Supreme Court. The
Commission is to conduct studies during the 10-month period
beginning on the date on which a quorum of the Commission is
appointed, and within the following 2-month period, submit its
report to the President and the Congress. Not to exceed
$900,000 is authorized to be appropriated for the Commission,
to remain available until expended. The House bill had no
provision on this matter. The Senate bill contained a provision
that realigned the current Ninth Circuit and established a new
Twelfth Circuit.
Sec. 306.--The conference agreement includes section 306,
as proposed in the Senate bill, authorizing federal judges to
receive a salary adjustment, modified to include an additional
provision appropriating $5,000,000 for the cost of the salary
adjustment, to be transferred to and merged with appropriations
in this Title. The House bill did not contain a provision on
this matter.
Sec. 307.--The conference agreement includes a provision
included in the Senate bill amending section 44(c) of title 28
of the U.S. Code to require that in each circuit, other than
the Federal Judicial Circuit, there shall be at least one
circuit judge appointed from each State in that circuit. The
House bill had no provision on this matter.
Sec. 308.--The conference agreement includes a provision
requiring public disclosure of court appointed attorney's fees,
unless the court finds that consideration of the defendant's
interests requires otherwise, as included in the Senate bill as
section 121, modified to make the provision effective 60 days
after enactment, apply to new cases, and sunset in two years.
The provision, as included in the Senate bill, would have been
effective immediately, would have applied to all cases, and
would have been permanent. The House bill included no similar
provision.
The conference agreement includes a short title for Title
III of this Act, as included in the Senate bill. The House bill
did not include a short title.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes a total of
$1,730,000,000 for Diplomatic and Consular Programs. This
amount includes: a direct appropriation of $1,705,600,000,
instead of $1,706,577,000 as provided in the House bill and
$1,727,868,000 as provided in the Senate bill, including
$490,000 from the reserve fund for the International Center, as
provided in both the House and the Senate bills; $700,000 to be
derived from registration fees, as provided in both the House
and the Senate bills; and $23,700,000, to remain available
until expended, for increased security overseas, as provided in
the House bill, to continue the antiterrorism initiatives
included in the fiscal year 1997 appropriations Act.
The conference report specifies that in addition to funds
otherwise available, $24,856,000 shall be available for
operation of existing base services and $17,312,000, to remain
available until expended, for enhancement of the Diplomatic
Telecommunications Service. The House bill contained a
provision specifying these amounts, but did not allow for other
funds that might be available. The Senate bill did not contain
a provision on this matter.
The conference report also includes a provision
permitting the transfer of up to $4,000,000 to the Emergencies
in the Diplomatic and Consular Service account for emergency
evacuations and terrorism rewards, as provided in the Senate
bill. The House did not have a provision on this matter.
The conference report also includes a provision to
collect and deposit as an offsetting collection to this account
Machine Readable Visa fees in fiscal years 1998 and 1999 to
recover authorized costs. The Senate bill included a similar
provision but would have made it permanent. The House bill
included a provision allowing deposit of MRV fees as an
offsetting collection to this account in fiscal year 1998.
The conference report does not include a provision making
not to exceed $125,000 of the funds under this heading
available for the Maui Pacific Center, as proposed in the
Senate bill. The House bill did not contain a provision on this
matter.
The conferees agree that the language in both the House
and Senate reports under this heading is to be followed in
expending fiscal year 1998 funds, with the following exceptions
and additions.
The conferees endorse a modified plan for orphan
adoptions in the Russian Far East proposed by the State
Department in response to language in the Senate report.
Consular officers in Vladivostok will forward approved
immigrant visa applications to Moscow by courier for final
processing. Final processing and return of immigrant visas to
Vladivostok will occur within the 10-day waiting period after
final adoption hearings. The State Department shall report back
to the Appropriations Committees on the implementation of the
proposed new adoption procedures not later than December 31,
1997.
The conferees understand that the State Department has
been reimbursing some, but not all, U.S. Bering Straits
commissioners. The conferees direct the State Department to
compensate all U.S. members of the Bering Straits Commission
for costs associated with official duties. The conferees direct
the State Department to provide theAppropriations Committees
with an estimate of commissioner compensation in fiscal year 1998 not
later than December 31, 1997.
The conferees are concerned over the situation in the
Republic of Albania, specifically, reports that the new
Socialist government is engaging in politically motivated
purges of civil servants and allegations of repression of
certain members of the opposition. As such, the conferees
direct the State Department to maintain vigorous scrutiny of
the human rights performance of the new government,
particularly with respect to treatment of opposition political
parties, and the exercise of freedom of the media and freedom
of Assembly. The conferees further direct the State Department
to report back to the Congress on these issues within 180 days
of enactment of the bill.
The State Department previously has been requested by the
conferees to ensure that a senior officer of the U.S. & Foreign
Commercial Service (US&FCS) was nominated to be an ambassador.
The conferees continue to recognize the professionalism and
foreign policy expertise of the US&FCS officer corps and
believe that such an action is long overdue. Accordingly, the
conferees expect the Department of State to select and nominate
a US&FCS foreign service officer to be an ambassador by May 1,
1998.
SALARIES AND EXPENSES
The conference agreement includes a total of $363,513,000
for Salaries and Expenses, as proposed in both the House and
Senate bills. The conference agreement does not include a
provision, as proposed in the House bill, to withhold
$7,270,260 from obligation until the Secretary designates
foreign terrorist organizations as required by the
Antiterrorism and Death Penalty Act of 1996. The conferees are
aware that the Secretary has made such designation and
submitted it to Congress. The Senate bill did not contain a
provision on this matter.
The conferees adopt by reference the provisions of both
the House and the Senate reports under this heading.
The Department of State, in consultation with the Bureau
of Alcohol, Tobacco, and Firearms, and the Federal Bureau of
Investigation, is directed to prepare a report on the
implementation of 22 U.S.C. 2778(b)(1)(B) to the Appropriations
Committees of both the House and the Senate, to include the
following:
(1) the number of applications processed and
approved in the last 5 years;
(2) the articles that were approved for importation
as of the date of the report;
(3) the number of applications disapproved and the
reasons for such disapprovals;
(4) an estimate of the number and the specific
model of firearms, based upon current survey
information from overseas missions, available for
importation from non-proscribed countries; and
(5) a detailed explanation of the process by which
an M-1 carbine can be converted into an illegal machine
gun under the National Firearms Act or assault weapon,
as defined in 18 U.S.C. 921(a)(30).
CAPITAL INVESTMENT FUND
The conference agreement includes $86,000,000 for the
Capital Investment Fund, instead of $50,600,000 as proposed in
the House bill, and $105,000,000 as proposed in the Senate
bill. The conferees adopt by reference the provisions of both
the House and the Senate reports under this heading.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $27,495,000 for the
Office of Inspector General, which has jurisdiction over the
Department of State, the United States Information Agency, and
the Arms Control and Disarmament Agency, as proposed in the
Senate bill, instead of $28,300,000 as proposed in the House
bill.
REPRESENTATION ALLOWANCES
The conference agreement includes $4,200,000 for
Representation Allowances, instead of $4,300,000 as proposed in
the House bill and $4,100,000 as proposed in the Senate bill.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement includes $7,900,000 for
Protection of Foreign Missions and Officials, as provided in
both the House and the Senate bills.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
The conference agreement includes $404,000,000 for this
account, instead of $373,081,000 as proposed by the House, and
$420,281,000 as proposed by the Senate.
The conference agreement includes $9,500,000 for
architectural and engineering plans for an embassy in
Jerusalem.
The conference agreement also provides an additional
$19,600,000 for emergency rehabilitation and security projects
worldwide, to address a portion of the large backlog in
rehabilitation projects.
In addition, within the original budget request, the
conferees are aware of some slippage in the rehabilitation
projects that were submitted to Congress.
The conference report includes language to allow
preservation, maintenance, repair, and planning for buildings
that are owned or directly leased by the Department of State.
The conference report includes sufficient funding to permit
initiation of these activities. Up to this point, the
Department has not had any funds for capital maintenance of a
category of buildings, including its passport and regional
operations centers. The conferees are also aware the Department
is projecting a need for passport processing capacity greater
than available from current facilities, including expansions
already planned, and expect the Department to commence planning
for a facility to meet such a need in a State previously
designated for that purpose.
The conferees are in agreement with language in both the
House and Senate reports emphasizing the importance of
increased management and disposal of surplus properties to fund
new construction and real property acquisitions that are not
currently being directly funded under this account. The
conferees believe that the Department's budget presentation
should include a priority list of proposed uses of proceeds
from surplus property sales in addition to the anticipated
level of property disposal for the upcoming fiscal year, as
well as an accounting for the sale and use of proceeds for the
previous two years, in order to make information on the
operation of this program more available, in addition to the
quarterly reports the Department is currently providing.
emergencies in the diplomatic and consular service
The conference agreement includes $5,500,000 for
Emergencies in the Diplomatic and Consular Service account, as
provided in both the House and Senate bills.
repatriation loans program account
The conference agreement includes a total appropriation
of $1,200,000 for the Repatriation Loans Program account, as
provided in both the House and Senate bills.
payment to the american institute in taiwan
The conference agreement includes $14,000,000 for the
Payment to the American Institute in Taiwan account, as
proposed in the House bill, instead of $14,490,000 as proposed
in the Senate bill.
payment to the foreign service retirement and disability fund
The conference agreement includes $129,935,000 for the
Payment to the Foreign Service Retirement and Disability Fund
account, as provided in both the House and Senate bills.
International Organizations and Conferences
contributions to international organizations
The conference agreement includes $955,515,000 for
Contributions to International Organizations to pay the costs
assessed to the United States for membership in international
organizations, instead of $978,952,000 as proposed in the House
bill, and$957,009,000 as proposed in the Senate bill. Within
this amount, $54,000,000 is for payment of arrearages, as proposed in
both the House and Senate bills, and not to exceed $12,000,000 is to be
transferred to the International Conferences and Contingencies account
for U.S. contributions to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission for certain defined activities, instead of
$4,000,000 for transfer to the ICC account for new or provisional
international organizations, as proposed in the House bill, and
$10,000,000 for transfer to the ICC account for new or provisional
organizations and for travel expenses of official delegates to
international conferences, as proposed in the Senate bill.
Within this amount, the conference agreement provides
$54,000,000 for payment of arrearages, as proposed in both the
House and Senate bill, contingent upon enactment of an
authorization act that makes payment of arrearages contingent
upon reforms that should include the following: a reduction in
the U.S. assessed share of the United Nations regular budget to
20 percent and of peacekeeping operations to 25 percent;
reimbursement for goods and services provided by the U.S. to
the U.N.; certification that the U.N. and affiliates have taken
no action to infringe on U.S. sovereignty; a ceiling on U.S.
contributions to international organizations in future years of
$900,000,000; establishment of a merit-based personnel system
at the U.N.; U.S. membership on the U.N. Budget Committee; GAO
access to U.N. financial data; negative growth budgets and
independent inspectors general for affiliated organizations;
and improved consultation procedures with Congress, as proposed
in the House bill. The Senate bill made payment of funds for
this account, including payment of arrearages owed to the U.N.,
contingent upon enactment of the Foreign Affairs Reform and
Restructuring Act of 1997.
The conference agreement includes conditions relating to
payment of the current year assessment to the U.N., as proposed
in the House bill, as follows: (1) $100,000,000 may be made
available only on a semi-annual basis pursuant to a
certification that the U.N. has taken no action to cause it to
exceed the expected 1998-1999 budget of $2,533,000,000; (2) 20
percent of the assessed contribution to the U.N. may be made
only after a certification has been provided with respect to
the functions of the U.N.'s Inspector General--the Office of
International Oversight Services; and (3) none of the funds can
be used for the U.S. share of interest costs for loans incurred
after October 1, 1984 through external borrowings. The Senate
bill did not contain provisions on these matters.
Current year assessments.--The amount provided in the
conference report is expected to be sufficient to fully fund
the current year assessments for U.S. membership in
international organizations. The latest estimate of the cost of
assessments provided by the Department of State to the
Committees indicates that the increased value of the dollar in
relation to other major currencies has lowered the requirement
for funding of this account by $53,368,000 below the original
budget request. In addition, at the end of fiscal year 1997,
$17,620,000 was transferred from the Contributions to
International Peacekeeping account to this account to prepay a
portion of the U.N. dues payable in fiscal year 1998, and
additional prepayments were made from funds reserved for
International Conferences and Contingencies that would
otherwise have lapsed. Finally, approximately $4,600,000 of the
amount requested for assessments is not required to bepaid out,
because U.S. membership in two new organizations has not been ratified,
the U.S. has announced its withdrawal from a small organization paid
for out of the Organization for Economic Cooperation and Development
assessment, and the contribution to the Interparliamentary Union is to
be limited to $5,000 because that organization has not resolved a
disputed assessment increase. The conferees agree that no funding is to
be provided to the five organizations for which funding was not
provided in fiscal years 1996 and 1997. To the extent that foreign
currency exchange rates change, the conferees expect that there are
sufficient mechanisms in place or pending in authorization language to
make up any difference or to assure that excess funding does not lapse.
Transfer to International Conferences and
Contingencies.--Not to exceed $12,000,000 is to be transferred
from the Contributions to International Organizations account
to the International Conferences and Contingencies account for
U.S. contributions to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission. Transferred funds are to be obligated
and expended only for Commission meetings and sessions,
provisional technical secretariat salaries and expenses, other
Commission administrative and training activities, including
purchase of training equipment, and upgrades to existing
international monitoring systems involved in cooperative data
sharing agreements with the United States as of the date of
enactment of this Act, until the U.S. Senate ratifies the
Comprehensive Nuclear Test Ban Treaty. If the Treaty is
ratified, then the limitation on what these funds can be
expended for would no longer be in effect.
The conferees adopt by reference the language in the
House report concerning the Framework Convention on Climate
Change.
The conferees agree that no funding is provided for
world-wide conferences. The conferees understand that the
United States could lose its vote in some international
organizations due to arrears, such as the current situation
with the INRO. The conferees are agreed that the Department of
State should take action to maintain the U.S. Government's vote
in these organizations and should expeditiously submit a
reprogramming to pay off shortfalls, if necessary.
contributions for international peacekeeping activities
The conference agreement provides $256,000,000 for
Contributions for International Peacekeeping Activities,
instead of $261,000,000, as proposed in the House bill, and
$200,320,000 as proposed in the Senate bill.
The conference agreement includes $46,000,000 for payment
of arrearages, as included in both bills, and makes payment of
arrearages contingent upon enactment of an authorization
subject to the same conditions applicable to payment of
arrearages described under the previous account, Contributions
to International Organizations, as proposed in the House bill.
The Senate bill made payment of funds for this account,
including payment of arrearages owed to the U.N., contingent
upon enactment of the Foreign Affairs Reform and Restructuring
Act of 1997.
The conference agreement includes a provision that
prohibits obligation or expenditure of funds for new or
expanded U.N. peacekeeping missions unless, at least 15 days
prior to the Security Council vote, the appropriate Committees
of the Congress are notified of the estimated cost and length
of the mission, the vital national interest that will be
served, and the planned exit strategy; and a reprogramming of
funds is submitted setting forth the source of funds that will
be used to pay for the cost of the new or expanded mission. The
Senate bill did not contain a provision on this matter.
The conference agreement contains a provision requiring a
certification that American manufacturers and suppliers are
being given opportunities to provide equipment, services, and
material for U.N. peacekeeping activities equal to those being
given to foreign manufacturers and suppliers. The Senate bill
did not contain a provision on this matter.
The conferees adopt by reference language in the House
report requiring reprogramming requirements for certain
missions that may continue, but for which information has
either not been provided or is under consideration.
international conferences and contingencies
The conference agreement does not include funding for
International Conferences and Contingencies, as proposed in the
Senate bill, instead of $1,500,000 as proposed in the House
bill. The conference agreement includes the transfer of up to
$12,000,000 to this account for U.S. contributions to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission,
for specified activities.
International Commissions
international boundary and water commission, united states and mexico
salaries and expenses
The conference agreement includes $17,490,000 for
Salaries and Expenses of the International Boundary and Water
Commission (IBWC), as proposed in the House bill, instead of
$18,200,000 as proposed in the Senate bill.
The conference agreement provides that not to exceed
$6,000 may be used by the Commission for representation
expenses, as proposed in the House bill, instead of $10,000 as
proposed in the Senate bill.
Construction
The conference agreement includes $6,463,000 for the
Construction account of the IBWC, as proposed in both the House
and Senate bills.
american sections, international commissions
The conference agreement includes $5,490,000 for the U.S.
share of expenses of the International Boundary Commission, the
International Joint Commission, United States and Canada, and
the Border Environment Cooperation Commission, as provided in
the House bill, instead of $5,010,000 as provided in the Senate
bill.
Within the total, $761,000 is provided for the
International Boundary Commission, United States and Canada, as
proposed in the House bill, instead of $785,000 as proposed in
the Senate bill; $3,189,000 is provided for the International
Joint Commission, instead of $3,128,000 as proposed in the
House bill and $3,225,000 as proposed in the Senate bill; and
$1,540,000 for the Border Environment Cooperation Commission,
instead of $1,601,000 as proposed in the House bill, and
$960,000 as proposed in the Senate bill. No funds are provided
for the Bering Straits Commission, as proposed in the House
bill, instead of $40,000 as proposed in the Senate bill. This
issue is addressed in the Statement of Managers under the
Diplomatic and Consular Programs heading.
The conference agreement provides $9,000 for
representation expenses, as proposed in the House bill, instead
of $9,900 as proposed in the Senate bill.
International Fisheries Commissions
The conference agreement includes $14,549,000 for the
U.S. share of the expenses of the International Fisheries
Commissions and related activities, as proposed in the Senate
bill, instead of $14,490,000 as proposed in the House bill.
Other
PAYMENT TO THE ASIA FOUNDATION
The conference agreement includes $8,000,000 for the
Payment to the Asia Foundation account, the amount provided in
the House bill, instead of $5,000,000, as provided in the
Senate bill.
RELATED AGENCIES
Arms Control and Disarmament Agency
ARMS CONTROL AND DISARMAMENT ACTIVITIES
The conference agreement includes $41,500,000 for the
Arms Control and Disarmament Agency (ACDA), as proposed in the
House bill, instead of $32,613,000 as proposed in the Senate
bill. Funds are provided for operating expenses of ACDA, with
the expectation that $1,000,000 will not be required for
operations and will be available for the Comprehensive Test Ban
Treaty Preparatory Commission. These funds are to be expended
subject to the same conditions as the funds provided for this
purpose under Contributions to International Organizations for
transfer to International Conferences and Contingencies. The
Agency is directed to provide a detailed financial plan to the
Committees within 30 days of enactment of this Act, setting
forth how these funds will be distributed to fund basic
operating expenses and the Preparatory Commission. Funding for
activities other than basic operating expenses and the
aforementioned amount for CTBT that are identified in the
financial plan will be subject to section 605 of this Act. Any
variation from the plan that falls within the reprogramming
criteria of section 605, including spending for activities that
do not constitute operating expenses, shall be subject to
reprogramming. If the Agency is contemplating changes to its
financial plan, the Agency is expected to consult with the
Committees to determine whether those changes fall within the
reprogramming criteria prior to undertaking such changes.
Arms Control and Disarmament Agency
ARMS CONTROL AND DISARMAMENT ACTIVITIES
(Rescission)
The conference agreement includes a rescission of
$700,000 of no-year funds available to ACDA that were not
expended as of the end of fiscal year 1997. This rescission was
not included in either the House or Senate bills.
United States Information Agency
INTERNATIONAL INFORMATION PROGRAMS
The conference agreement includes $427,097,000 for
International Information Programs of the United States
Information Agency (USIA) as proposed in the Senate bill,
instead of $430,597,000, as proposed in the House bill. All
other bill language, which is identical in the House and Senate
bills, is included in the conference agreement, except for one
modification to assure that fees from educational advising and
counseling, and exchange visitor program services may be
credited to this appropriation in the absence of an
authorization. The conferees intend that the remaining program
direction included in both the House and Senate reports be
followed.
TECHNOLOGY FUND
The conference agreement includes $5,050,000 for the
Technology Fund, as proposed in the House bill, instead of
$10,000,000 as proposed in the Senate bill. The conferees
intend that the program direction included in the House Report
be followed.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes $197,731,000 for
Educational and Cultural Exchange Programs, instead of
$193,731,000 as proposed in the House bill, and instead of
$200,000,000 as proposed in the Senate bill. The conference
agreement also provides that not to exceed $800,000 may be
credited to this appropriation from fees and other payments.
The conference agreement includes bill language which ensures
that fees from educational advising and counseling may be
credited to this appropriation in the absence of an
authorization.
The conferees intend that within this amount, $94,236,000
shall be for Fulbright Academic Exchanges, and $103,495,000
shall be for other exchange programs and support. USIA shall
provide funds for the Mansfield Fellowships, the Irish
Management Center, and the U.S./Mexico Conflict Resolution
Center at the levels provided in the Senate report.
The conferees expect that a proposal for the distribution
of the available resources among exchange programs will be
submitted through the normal reprogramming process prior to
final decisions being made. This distribution should include
funding, to the maximum extent possible, for all programs
specifically mentioned in the House and Senate reports. In
addition, the conferees encourage USIA to consider proposals to
fund exchanges and exchange-related activities in support of
the Women's World Cup and the Vietnam Challenge multi-sport
event.
With respect to exchanges with the newly independent
states of the former Soviet Union, the conferees expect that
funding will be distributed equitably among high-school,
college, graduate, and post-graduate programs.
The conferees understand that USIA plans to open up the
administration of the Fulbright senior scholar program for
competition in 1998. The conferees encourage USIA to conduct
this and future competitions in such a way as to take maximum
advantage of the unique competitive strengths of eligible
exchange organizations that have expertise and experience in
specific regions of the world.
The conferees expect that USIA will ensure that Federal
funding for exchange programs will be used to support the
actual exchange of participants to the maximum extent possible
by cost-sharing with other governments, by entering into
partnerships with private organizations that make available
non-governmental resources, and by eliminating funding of
administrative costs that do not demonstrably enhance the
number or duration of exchanges.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
The conference agreement includes language as provided in
both the House and Senate bills, allowing all interest and
earnings accruing to the Trust Fund in fiscal year 1998 to be
used for necessary expenses of the Eisenhower Exchange
Fellowships.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The conference agreement includes language as provided in
both the House and Senate bills, allowing all interest and
earnings accruing to the Scholarship Fund in fiscal year 1998
to be used for necessary expenses of the Israeli Arab
Scholarship Program.
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement includes $364,415,000 for
International Broadcasting Operations, instead of $391,550,000
as proposed in the House bill, and instead of $339,655,000 as
proposed in the Senate bill. The conference agreement adopts
theapproach proposed in the Senate bill for broadcasting to
Cuba. No funds for broadcasting to Cuba are included under this
account, as proposed by the House, but rather, all funding for
broadcasting to Cuba is included under a separate account, as proposed
by the Senate, consistent with the fiscal year 1997 appropriations Act.
The conference agreement includes $24,960,000 for the
expansion of broadcasting to China by Radio Free Asia and the
Voice of America. The conference agreement includes bill
language making $12,100,000 of this amount available until
expended for one-time capital costs associated with this
initiative. The conference agreement does not include the
Senate report language earmarking $20,000,000 for Radio Free
Asia. USIA and the Broadcasting Board of Governors shall
provide the Committees with a detailed plan for expenditure of
funds for the expansion of broadcasting to China for
consideration under usual reprogramming procedures.
Within the total amount provided for international
broadcasting operations, the conferees agree that $4,000,000
shall be for the development of a Farsi-language surrogate
broadcasting service to Iran.
The conference agreement does not include language in the
Senate bill making not to exceed $10,000,000 available only on
a dollar-for-dollar basis when matched with the proceeds of
sales of advertising air time. The conference agreement
includes bill language providing not to exceed $2,000,000 from
advertising receipts and revenue from business ventures; not to
exceed $500,000 in receipts from cooperating international
organizations; and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, as proposed in the House
bill. The conference agreement includes a modification to the
House bill language to ensure that receipts may be credited to
this appropriation in the absence of an authorization.
The conferees expect that the Committees will be notified
of the final distribution of funding among the activities under
this account pursuant to the normal reprogramming procedures.
To the extent that reductions are necessary, the conferees urge
that priority be given to reductions to administrative costs
and functions which do not have direct impacts on language
service broadcast hours.
broadcasting to cuba
The conference agreement includes $22,095,000 for
Broadcasting to Cuba under a separate account, as proposed in
the Senate bill, instead of the same amount within the total
for International Broadcasting Operations, as proposed in the
House bill.
Radio Construction
The conference agreement includes $40,000,000 for Radio
Construction, as proposed in the House bill, instead of
$32,710,000, as proposed in the Senate bill. This account
provides funding for the following activities: maintenance,
improvements, replacements and repairs; satellite and
terrestrial program feeds; engineering support activities; and
broadcast facility leases and land rentals.
The conference agreement includes $10,000,000 to support
the expansion of broadcasting to China, and includes the
guidance and reporting requirements contained in the House
report.
east-west center
The conference agreement includes $12,000,000 for
operations of the East-West Center, instead of no funds, as
proposed in the House bill, and $22,000,000, as proposed in the
Senate bill. Within this amount, the conferees agree that
$125,000 shall be for a grant to support efforts by the Maui
Pacific Center to help Pacific nations maintain fish stocks.
north/south center
The conference agreement includes $1,500,000 for
operations of the North/South Center, instead of no funds, as
proposed in the House bill, and $3,000,000, as proposed in the
Senate bill.
national endowment for democracy
The conference agreement includes $30,000,000 for the
National Endowment for Democracy, as proposed in both the House
and Senate bills.
General Provisions--Department of State and Related Agencies
Section 401.--The conference agreement includes section
401, as provided in the House bill, permitting use of funds for
allowances, differentials, and transportation. The Senate bill
contained a similar provision, with minor technical changes.
Sec. 402.--The conference agreement includes section 402,
as provided in the House bill, dealing with transfer authority.
The Senate bill contained a similar provision, with minor
technical changes.
Sec. 403.--The conference agreement includes section 403,
waiving provisions of existing legislation that require
authorizations to be in place for the State Department, the
United States Information Agency, including International
Broadcasting Operations, and the Arms Control and Disarmament
Agency prior to the expenditure of any appropriated funds. The
Senate bill included a provision under section 403 stating that
the U.S. Commissioner of the International Boundary Commission,
U.S. and Canada, can be compensated only for actual hours
worked. This provision is not included in the conference
agreement, since the language included in the fiscal year 1997
appropriations Act on this matter was permanent in effect. The
House bill contained no provision on either of these matters.
Sec. 404.--The conference agreement includes a provision
similar to provisions included in the House bill as sections
403 and 404 and in the Senate bill as section 406, establishing
procedures and amounts for implementation of the International
Cooperative Administrative Support Services (ICASS) program.
The conference agreement provision provides for a transfer of
$2,800,000 less than was included in the House and Senate
bills, and reduces the amounts transferred to other agencies by
a like amount to take account of foreign exchange rate gains.
The transfer of $109,662,000 to other appropriations in fiscal
year 1998 provides the necessary additional resources for
administrative expenses paid out of those accounts in order to
permanently shift ongoing budgetary responsibility to them.
The Senate bill contained as section 404 a provision that
required costs incurred from personnel reductions taken in
response to funding reductions in this Title to be absorbed
within the total resources available to the agencies under this
Title, and, subject to reprogramming procedures, permitting
funds to be transferred between accounts to cover such costs.
The House bill did not contain a similar provision. The
conference agreement includes a provision that provides these
authorities for all agencies funded under this Act under Title
VI.
Sec. 405.--The conference agreement includes a provision
to allow payment of a border equalization adjustment to
approximately 20 employees of the Department of State and other
agencies who are not members of the Foreign Service, live in
the United States, but commute to work in locations in Mexico
and Canada. This section will equalize pay for these employees
based on the locality pay rates paid for service performed in
the United States within the locality pay areas closest to the
employees' foreign duty station.
The Senate bill included a provision under section 405
relating to certification of activities relating to Vietnam's
cooperation on issues relating to prisoners of war and missing
in action. The conference agreement addresses this issue under
Title VI.
The conference agreement includes a short title for Title
IV of the bill, as included in the Senate bill. The House bill
did not include a short title.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
operating-differential subsidies
(liquidation of contract authority)
The conference agreement includes $51,030,000 for payment
of obligations incurred for the Maritime Administration (MARAD)
operating differential subsidy program, as proposed in the
House bill, instead of $135,000,000 as proposed in the Senate
bill.
maritime security program
The conference agreement includes $35,500,000 for the
Maritime Security Program (MSP) as proposed in the House bill,
instead of $35,000,000 as proposed in the Senate bill. This
program, funded under the allocation for national security
programs, provides payments to maintain and preserve a U.S.-
flag merchant fleet for the national security needs of the
United States.
operations and training
The conference agreement includes $67,600,000 for the
Maritime Administration Operations and Training account instead
of $65,000,000 as proposed in the House bill instead of
$69,000,000 as proposed in the Senate bill. Within this amount,
the conferees intend that $31,500,000 shall be for the
operation and maintenance of the U.S. Merchant Marine Academy,
and that $7,100,000 shall be for State Maritime Academies. The
conference agreement does not specifically allocate the balance
of the funds in this account among operating programs, general
administration and additional training. The conferees expect
that MARAD will submit to the Committees on Appropriations a
plan for the expenditure of resources under this account.
maritime guaranteed loan (title xi) program account
The conference agreement provides $32,000,000 in subsidy
appropriations for the Maritime Guaranteed Loan Program instead
of $35,000,000 as proposed in the House bill, and $29,000,000
as proposed in the Senate bill. This amount will subsidize a
program level of not more than $1,000,000,000 as proposed in
both the House and Senate bills.
The conferees have also included $3,725,000 for
administrative expenses associated with the Maritime Guaranteed
Loan Program, instead of $3,450,000 as proposed in the House
bill, and $4,000,000 as proposed in the Senate bill. These
amounts may be transferred to and merged with amounts under the
MARAD Operations and Training account.
Administrative Provisions--Maritime Administration
The conference agreement includes provisions contained in
both the House and Senate bills involving Government property
controlled by MARAD, the accounting for certain funds received
by MARAD, and a prohibition on obligations from the MARAD
construction fund.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
The conference agreement provides $250,000 for the
Commission for the Preservation of America's Heritage Abroad as
proposed in the House bill, instead of $206,000 as proposed in
the Senate bill.
Commission on Civil Rights
salaries and expenses
The conference agreement includes $8,740,000 for the
salaries and expenses of the Commission on Civil Rights, as
proposed in both the House and Senate bills.
Commission on Immigration Reform
salaries and expenses
The conference agreement includes $459,000 for the
Commission on Immigration Reform as proposed in the Senate
bill, instead of $496,000 as proposed in the House bill.
Commission on Security and Cooperation in Europe
salaries and expenses
The conference agreement includes $1,090,000 for the
Commission on Security and Cooperation in Europe, as proposed
in both the House and Senate bills.
Equal Employment Opportunity Commission
salaries and expenses
The conference agreement includes $242,000,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission as proposed in the Senate bill, instead of
$239,740,000 as proposed in the House bill.
Within the total amount, the conference agreement
includes $27,500,000 for payments to State and local
enforcement agencies for services to the Commission, as
provided in both the House and Senate bills.
The conferees agree with concerns expressed in both the
House and Senate reports about the large backlog of cases, and
about the allocation of scarce resources to litigation by the
Commission in discrimination cases where complainants are
already adequately represented by counsel in other fora. The
conferees expect that the Commission's first priority will be
the processing of charges, and urge that the Commission target
its manpower and financial resources toward the prosecution of
cases in which the underlying facts are not the subject of
independent litigation before the private bar. The conferees
further expect the Commission to submit reports as indicated in
the House report.
Federal Communications Commission
salaries and expenses
The conference agreement includes a total of $186,514,000
for the salaries and expenses of the Federal Communications
Commission (FCC) instead of $177,079,000 as proposed in the
House bill, and $185,949,000 as proposed in the Senate bill. Of
the amounts provided, $162,523,000 is to be derived from
offsetting fee collections, as proposed in the Senate bill,
instead of $152,523,000 recommended in the House bill,
resulting in a net direct appropriation of $23,991,000, instead
of $24,556,000 included in the House bill, and $23,426,000
included in the Senate bill.
The conference agreement includes language in both the
House and Senate bills, and included in previous appropriations
Acts, allowing fees in excess of the amounts specified to
remain available for expenditure in future years. In addition,
language is also included, as recommended in the House bill and
included in previous appropriations Acts, allowing funds
provided for research and policy studies to remain available
for two years. The Senate bill made such funds available for
one year.
The conferees are concerned about allegations which have
been made regarding the proposed move of the FCC to the Portals
building. Among the issues concerning theconferees are the
recent actions by the FCC and the General Services Administration (GSA)
to increase the size of the space to be occupied at the Portals above
the congressionally-approved prospectus. This expansion has
significantly increased the cost of the FCC's lease. The conferees are
also concerned about the significant delays in the construction
schedule. In the fiscal year 1997 budget submission, the FCC expected
to be moved into the new Portals building in December 1997. The move is
now slated to begin in March 1998. Therefore, the conferees request
that the General Accounting Office (GAO) review these and other
concerns about the Portals lease and the proposed FCC move and report
back to the Congress no later than January 31, 1998.
Federal Maritime Commission
salaries and expenses
The conference agreement includes $14,000,000 for the
salaries and expenses of the Federal Maritime Commission,
instead of $13,500,000 as proposed in the House bill and
$14,300,000 as proposed in the Senate bill.
Federal Trade Commission
salaries and expenses
The conference agreement includes a total operating level
of $106,500,000 for the Federal Trade Commission, instead of
$105,000,000 as proposed in the House bill and $108,000,000 as
proposed in the Senate bill. The conference agreement assumes
that of the amount provided, $70,000,000 will be derived from
fees collected in fiscal year 1998 and $18,000,000 will be
derived from estimated unobligated fee collections available
from 1997. These actions result in a final appropriated level
of $18,500,000, instead of $19,000,000 as proposed in the House
bill and $28,000,000 as proposed in the Senate bill.
Use of any unobligated fee collections from 1997 above
$18,000,000 are subject to the reprogramming requirements
outlined in section 605 of this Act.
The conferees urge the Commission to retain the current
standard for ``Made in U.S.A.'' as stated in the House report.
The conferees are aware of concerns about the impact of
alcohol advertising on underage drinking, and understand that
the FTC is engaged in the ongoing monitoring of the advertising
and marketing practices of manufacturers of beverage alcohol.
The conferees expect the FTC to emphasize these activities,
investigate when problematic practices are discovered,
encourage the development of effective voluntary advertising
codes, and report their findings back to the Committees on
Appropriations.
Gambling Impact Study Commission
salaries and expenses
The conference agreement provides $1,000,000 for the
salaries and expenses of the Gambling Impact Study Commission
as proposed in the Senate bill, instead of no funding, as
proposed in the House bill.
Legal Services Corporation
payment to the legal services corporation
The conference agreement includes $283,000,000 for
payment to the Legal Services Corporation, instead of
$250,000,000 as proposed in the House bill, and $300,000,000 as
proposed in the Senate bill.
The conference agreement provides $274,400,000 for grants
to basic field programs and independent audits, $7,100,000 for
management and administration, and $1,500,000 for the Office of
the Inspector General.
ADMINISTRATIVE PROVISIONS--LEGAL SERVICES CORPORATION
The conference agreement contains language, included in
both the House and Senate bills, continuing all statutory
requirements and restrictions included in the fiscal year 1997
appropriations Act.
In addition, the conference agreement includes new
provisions in section 501, as contained in the House bill,
providing additional authority to the Corporation to terminate
a grant award and institute a new grant competition if the
existing grantee has been found to be in violation of statutory
and regulatory requirements and restrictions. The Senate bill
contained similar provisions. In addition, provisions are
included in section 504, as contained in the House bill, to
allow the Corporation to debar grantees from the competitive
bid process in certain circumstances. The Senate bill contained
similar provisions.
The conference agreement includes a provision, section
505, proposed in the House bill but not addressed in the Senate
bill, requiring certain public disclosure reporting
requirements related to litigation initiated by grantees of the
Legal Services Corporation.
The conference agreement also includes a provision,
section 506, proposed in the Senate bill but not addressed in
the House bill, to ensure that income eligibility
determinations in cases of domestic violence are made only on
the basis of the assets and income of the individual. The
conferees are aware that the current statute and regulations of
the Legal Services Corporation already provide for such
determinations to be made in all cases, including domestic
violence. However, given concerns regarding access to the legal
system for victims of domestic violence, the conferees have
included this provision to provide greater clarity regarding
this matter. However, the conferees do not intend to in any way
preclude such eligibility determinations in other cases made in
accordance with current regulations and statute.
The conference agreement makes several technical changes
to correct statutory citations and other technical differences
included in the House and Senate bills.
Marine Mammal Commission
SALARIES AND EXPENSES
The conference agreement includes $1,185,000 for the
salaries and expenses of the Marine Mammal Commission instead
of $1,000,000 as proposed in the House bill, and $1,240,000 as
proposed in the Senate bill.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes a total operating level
of $315,000,000 for the Securities and Exchange Commission as
proposed in the House bill, instead of $317,412,000, as
proposed in the Senate bill. The conference agreement includes
bill language providing offsetting fees in accord with levels
authorized in the National Securities Markets Improvement Act
of 1996. These offsetting fees are expected to provide
$249,523,000 in fiscal year 1998. In addition, the conference
agreement assumes the use of $32,000,000 in carryover funds
from fiscal year 1997. These offsets result in anet direct
appropriation of $33,477,000 as proposed in the House bill, instead of
$35,889,000, as proposed in the Senate bill.
The conference agreement does not contain a provision in
the House bill that fees collected in excess of $249,523,000
shall remain available until expended, but shall not be
available for obligation until October 1, 1998. These fees will
remain available for the Securities and Exchange Commission in
future years through the regular appropriations process.
Small Business Administration
SALARIES AND EXPENSES
The conference agreement provides an appropriation of
$254,200,000 for the Small Business Administration (SBA)
Salaries and Expenses account, instead of $235,047,000 as
proposed in the House bill, and $246,100,000 as proposed in the
Senate bill.
In addition to amounts made available under this heading,
the conference agreement includes $94,000,000 for
administrative expenses under the Business Loans Program
Account and $150,000,000 for administrative expenses under the
Disaster Loans Program account. These amounts are transferred
to and merged with amounts available under Salaries and
Expenses, resulting in total funding of $498,200,000 for SBA
operating programs, noncredit and other initiatives.
The conference agreement provides a total of $133,250,000
for SBA's regular operating expenses under this account, an
increase of $13,049,000 above the fiscal year 1997 level. This
increase is provided as follows: $2,000,000 is for necessary
expenses to implement the HUBZone proposal; $3,049,000 is for
adjustments to base, including the full amount requested for
Low Documentation processing centers; and $8,000,000 is
provided for initiatives to improve SBA's management and
oversight of its loan portfolio. The increase for portfolio
management and oversight is to be distributed as follows: (1)
$1,750,000 for staff and training for the Office of the Chief
Financial Officer; (2) $200,000 for SBA to contract with a
private entity to provide technical and management support in
developing and implementing a plan for modernization of SBA's
information resource management systems; and (3) $6,050,000 for
information resource management systems. The conferees direct
the SBA to submit a spending plan in accordance with section
605 of this Act prior to the expenditure of funds provided for
these initiatives. Further, the conferees direct the SBA, with
the exception of the Disaster Loans program, to reduce its
travel by 50 percent from the fiscal year 1997 level.
The conference agreement includes the following amounts
for noncredit programs:
Small Business Development Centers...................... $75,800,000
SBDC Defense Transition................................. 2,000,000
7(j) Technical Assistance............................... 2,600,000
SCORE................................................... 3,500,000
Business Information Centers............................ 500,000
Women's Demonstration................................... 4,000,000
Women's Council......................................... 350,000
EZ/EC One Stop Capital Shops............................ 3,100,000
Microloan Technical Assistance.......................... 14,500,000
US Export Assistance Centers............................ 3,100,000
Regulatory Fairness Boards.............................. 500,000
--------------------------------------------------------
____________________________________________________
Total............................................. 109,950,000
Small Business Development Centers (SBDC).--Of the
amounts provided for SBDCs, the conferees have included
$1,000,000 to be used for the Environmental Compliance Project
as directed in the House report, and $35,000 for an
Internetcommerce study as directed in the Senate report. In addition,
the conference agreement provides a $1,300,000 increase to be used to
provide a minimum allocation of $500,000 for all States able to meet
the appropriate matching requirements. The conferees do not intend for
any State's allocation to be reduced from its fiscal year 1997
allocation under the current funding formula, and direct SBA to submit
a reprogramming if additional funds are required to ensure that all
eligible states receive the $500,000 minimum allocation without
reducing other States' funding.
In addition, the conference agreement includes language,
as proposed in the House bill, making funds for the SBDC
program available for two years.
Women's Demonstration and Women's Council.--The conferees
provide funding for the Women's Demonstration Business Centers
program at the requested level of $4,000,000. The conferees
intend that fourth year funding be provided for eligible
existing sites subject to authorization, that new centers
started in fiscal year 1997 will be funded at no less than
their current level, and that three new sites will be added.
Of the amounts provided for the Women's Council, $100,000
is to be used for federal procurement research projects
included in the Senate report. In addition, the conferees
direct that no more than 10% of the total amount provided for
Women's Council activities be used for SBA administrative
expenses and overhead charges.
Microloan Technical Assistance.--The conference agreement
provides a total availability of $16,500,000 for the Microloan
Technical Assistance program in fiscal year 1998, the same
level as recommended in both the House and Senate bills. Of
these amounts, $14,500,000 is provided in direct appropriations
and $2,000,000 is to be derived by transfer from the
unobligated balances in the Microloan Direct loan program, as
provided in the House bill and requested in the budget. The
Senate bill provided $16,500,000 in direct appropriations and
did not assume this transfer of funds.
The conference agreement provides no funds for Advocacy
Research. However, the conferees would be willing to entertain
a reprogramming subject to section 605 of this Act to maintain
activities approved in fiscal year 1997. In addition, the
conference agreement includes no funds for the Survey of Women
Owned Businesses, but would be willing to entertain a
reprogramming subject to section 605 of this Act for this
activity.
The conference agreement adopts language included in the
House report directing the SBA to continue activities assisting
small businesses to adapt to a paperless procurement
environment, as well as activities which assist small
businesses in making the transition to meet both military and
ISO 9000 quality systems requirements.
In addition, the conference agreement includes the
following small business initiatives: $3,000,000 for
infrastructure to develop a facility for small business
development; $3,000,000 for continuation of an outreach program
to assist small business development; $2,000,000 to develop a
facility to increase small business opportunities and economic
development; $1,500,000 to develop a facility and operate an
institute for small business and workforce development;
$1,000,000 for continuation of a small business incubator; and
$500,000 for continuation of a program for small business
consulting and technical assistance.
Further, the conferees expect that all procurement center
representatives will report to the Area Directors of the
Government Contracting Area Offices.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $10,000,000 for the SBA
Office of Inspector General, instead of $9,490,000 as proposed
in the House bill and $10,600,000 recommended in the Senate
bill.
Further, as proposed in both the House and Senate bills,
an additional $500,000 has been provided under the
administrative expenses of the Disaster Loans Program to be
made available to the Office of Inspector General for work
associated with oversight of the disaster loans program.
BUSINESS LOANS PROGRAM ACCOUNT
The conference agreement includes $181,232,000 in subsidy
appropriations under the SBA Business Loans Program Account,
the same amount recommended in the Senate bill, instead of
$187,100,000 as proposed in the House bill, and $173,235,000 as
requested in the budget. Of these amounts, $45,000,000 is to
remain available for two years, as proposed in the House bill.
7(a) General Business Loans.--The conference agreement
provides $161,000,000 in subsidy appropriations for the 7(a)
general business guaranteed loan program, as proposed in the
Senate bill, instead of $167,000,000 as proposed in the House
bill, and $153,003,000 requested in the budget. When combined
with $35,700,000 in prior year unobligated balances and
additional recoveries, this amount will subsidize a program
level of $10,191,710,000 at the fiscal year 1997 subsidy rate
of 1.93%, instead of an $8,500,000,000 program level requested
in the President's budget. In addition, the conference
agreement includes a new provision, not included in either the
House or Senate bills requiring the SBA to notify the
Committees on Appropriations in accordance with section 605 of
this Act prior to providing a total program level greater than
$10,000,000,000.
Small Business Investment Companies (SBIC).--The
conference agreement provides $20,232,000 for the SBIC
debenture and participating securities programs, as proposed in
the Senate bill, instead of $20,100,000 as proposed in the
House bill. Of these amounts, for the participating securities
program, $11,580,000 is provided in subsidy appropriations
which, when combined with $5,800,000 in prior year carryover,
will result in a total program level of $684,253,000 in fiscal
year 1998. In addition, for the debentures program, $8,652,000
is provided which, when combined with $3,800,000 in prior year
carryover, will result in a total program level of $541,391,000
in fiscal year 1998.
Microloan Direct and Guaranty Programs.--The conference
agreement does not include new appropriations for the Microloan
Direct Loan Program or the Microloan Guaranty Program, as none
was requested. The conferees assume that $2,000,000 of the
$6,000,000 in carryover in the Direct Loan Program will be
transferred to the Salaries and Expenses Account for Microloan
Technical Assistance Grants, with the remainder to be used for
direct loans in fiscal year 1998. In addition, the conferees
assume that the $3,800,000 in carryover in the Guaranty Program
will be used for guaranteed loans in fiscal year 1998. The
conferees expect the SBA to follow the reporting requirement
included in the House report regarding this program.
In addition, the conference agreement includes
$94,000,000 for administrative expenses to carry out the direct
and guaranteed loan programs, as proposed in both theHouse and
Senate bills, and makes such funds available to be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
The conference agreement includes a total of $173,200,000
for this account, of which $23,200,000 is for the subsidy costs
for disaster loans, and $150,000,000 is for associated
administrative expenses. The Senate bill provided $173,200,000
only for administrative expenses, as requested in the budget,
while the House bill provided a total of $199,100,000 for both
loan subsidy costs and associated administrative expenses.
For disaster loans, the conference agreement assumes that
the $23,200,000 subsidy appropriation, when combined with
$185,000,000 in carryover balances, will provide a total
disaster loan program level of $887,468,000. The conferees note
that the budget requested no funds for the disaster loan
program, proposed to increase the interest rate charged to
disaster loan victims, a proposal which has been rejected
previously by the Congress, and requested a program level of
only $785,000,000, a level well below the average need in
previous fiscal years. The conferees believe the Administration
should take actions to more realistically assess the level of
need for the disaster loans program and budget accordingly.
Therefore, to ensure sufficient funds are available for
disaster victims, the conferees have included additional
appropriations in fiscal year 1998 for disaster loans, while
reducing the amounts available for administrative overhead.
The conference agreement includes $150,000,000 for
administrative expenses for the disaster loans program, instead
of $173,200,000 as requested in the budget. The conferees
expect any shortfall in these funds to be made up through
additional recoveries throughout the year. The conferees remind
SBA that such recoveries are subject to the reprogramming
procedures set forth in section 605 of this Act.
Of the amounts provided for administrative expenses,
$500,000 is to be transferred to and merged with the Office of
Inspector General account for oversight and audit activities
related to the disaster loans program.
surety bond guarantees revolving fund
The conference agreement provides $3,500,000 for
additional capital for the SBA Surety Bond Guarantees Revolving
Fund as proposed in both the House and Senate bills.
administrative provision--small business administration
The conference agreement includes a provision providing
SBA with the authority to transfer funds between appropriations
accounts, as provided in both the House and Senate bills.
State Justice Institute
salaries and expenses
The conference agreement provides $6,850,000 for the
salaries and expenses of the State Justice Institute (SJI)
instead of $3,000,000 as proposed by the House, and $13,550,000
as proposed by the Senate.
TITLE VI--GENERAL PROVISIONS
The conference agreement includes the following general
provisions:
Section 601.--The conference agreement includes section
601, identical in both the House and Senate versions of the
bill, regarding the use of appropriations for publicity or
propaganda purposes.
Sec. 602.--The conference agreement includes section 602,
identical in both the House and Senate versions of the bill,
regarding the availability of appropriations for obligation
beyond the current fiscal year.
Sec. 603.--The conference agreement includes section 603,
identical in both the House and Senate versions of the bill,
regarding the use of funds for consulting services.
Sec. 604.--The conference agreement includes section 604,
identical in both the House and Senate versions of the bill,
providing that should any provision of the Act be held to be
invalid, the remainder of the Act would not be affected.
Sec. 605.--The conference agreement includes section 605,
as included in the House version of the bill and similar to the
provision in the Senate version of the bill, establishing the
policy by which funding available to the agencies funded under
this Act may be reprogrammed for other purposes.
Sec. 606.--The conference agreement includes section 606,
identical in both the House and Senate versions of the bill,
regarding the construction, repair or modification of National
Oceanic and Atmospheric Administration vessels in overseas
shipyards.
Sec. 607.--The conference agreement includes section 607
regarding the purchase of American-made products, as provided
in both the House and Senate bills.
Sec. 608.--The conference agreement includes section 608
which prohibits funds in the bill from being used to implement,
administer, or enforce any guidelines of the Equal Employment
Opportunity Commission covering harassment based on religion
similar to proposed guidelines published by the EEOC in
October, 1993, as provided in both the House and Senate bills.
Sec. 609.--The conference agreement includes a provision,
which modifies language proposed in the House bill as section
609 and in the Senate bill as section 405, that prohibits use
of funds to expand U.S. diplomatic presence in Vietnam beyond
the level in effect on July 11, 1995, unless the President
makes a certification that several conditions have been met
regarding Vietnam's cooperation with the United States on POW/
MIA issues. The conference agreement applies this provision to
this fiscal year and to funds provided in this Act, as proposed
in the House bill, instead of permanent and to funds provided
in this or any other Act, as proposed in the Senate bill.
It requires that the President make the certification
within 60 days, as proposed in the House bill, instead of
within 60 days of the beginning of each fiscal year, as
proposed in the Senate bill.
It requires that the President certify that Vietnam is
fully cooperating in good faith, instead of cooperating in full
faith as proposed in the House bill, and fully cooperating as
proposed in the Senate bill.
It requires that the certification be based on all
information available to the United States Government as
proposed in the House bill instead of based on a
formalassessment of all information available to the United States
Government as proposed in the Senate bill.
And it requires that an additional issue be included in
the certification, namely, that relevant material associated
with prisoners of war and missing in action recovered from
Southeast Asia and available to the U.S. government is being
thoroughly analyzed by the appropriate laboratories with the
intent of providing surviving relatives with scientifically
defensible, legal determinations of death or other
accountability that are fully documented and available in
unclassified and unredacted form to immediate family members,
as proposed in the Senate bill, instead of no language on this
issue, as proposed in the House bill. The conferees note that
preparing material with the intent to provide does not mean
actually providing such material, if doing so would violate
existing laws or national security concerns. The conferees do
not intend that actions taken with respect to the directives in
the bill on the intent to provide unclassified and unredacted
materials to family members violate either existing laws or
national security policies. The purpose of this last
certification criterion is to reinforce the valuable and
important work that is being carried out by the individuals,
task forces and laboratories under the most difficult of
circumstances, and to ensure that they have sufficient
resources to carry out their work. With sufficient resources,
these laboratories can carry out their mission of analyzing
evidence and providing information to surviving relatives, a
mission they are currently carrying out with great
professionalism and dedication.
Sec. 610.--The conference agreement includes section 610,
which repeats language contained in the fiscal years 1996 and
1997 appropriations Acts, prohibiting the use of funds for any
United Nations peacekeeping mission that involves U.S. Armed
Forces under the command or operational control of a foreign
national, unless the President certifies that the involvement
is in the national security interest, as proposed in the House
bill. The Senate bill did not contain a provision on this
matter.
Sec. 611.--The conference agreement includes section 611
which prohibits the use of funds to provide certain amenities
for Federal prisoners as provided for in both the House and
Senate bills.
Sec. 612.--The conference agreement includes a modified
version of section 612 restricting the use of funds provided
under the National Oceanic and Atmospheric Administration Fleet
Modernization account proposed in the House bill. The Senate
bill deleted this provision. The modification permits NOAA to
develop long term plans to support its fisheries research
requirements.
Sec. 613.--The conference agreement includes section 613,
as proposed in the House bill, which requires agencies and
Departments funded in this Act to absorb any necessary costs
related to downsizing or consolidations within the amounts
provided to the agency or Department. The Senate bill included
this same provision as section 610.
Sec. 614.--The conference agreement includes section 614,
which prohibits funds made available to the Federal Bureau of
Prisons from being used to make available any commercially
published information or material to a prisoner when it is made
known that such information or material is sexually explicit or
features nudity. Both the House and the Senate bills included
this section, but the Senate bill included this as section 611.
Sec. 615.--The conference agreement includes section 615,
similar to language proposed by the House bill and proposed by
the Senate bill under section 120, which limits funding under
the Local Law Enforcement Block Grant to 90 percent, to an
entitythat does not provide public safety officers injured in
the line of duty and as a result separated or retired from their jobs,
with health insurance benefits equal to the insurance they received
while on duty. The language has been modified to clarify the expected
level of health benefits intended by the provision.
Sec. 616.--The conference agreement includes section 616,
which prohibits funds available in this Act from being used to
issue or renew a fishing permit or authorization for any vessel
more than 165 feet long or greater than 750 gross tons, and
with more than 3,000 shaft horsepower to engage in fishing for
Atlantic mackerel or herring. In addition, vessels above these
thresholds are prohibited from engaging in the catching,
taking, or harvesting of fish in any other fishery within the
United States exclusive economic zone (EEZ) (except
territories) unless a certificate of documentation had been
issued for the vessel and endorsed with a fishery endorsement
that was effective on September 25, 1997 and such endorsement
is still valid. In addition, language is included to nullify
any fishing permit or authorization issued prior to enactment
of this Act for vessels prohibited under this section from
engaging in the fishing of Atlantic mackerel or herring, and
prohibiting funds from being expended to issue a new permit or
authorization to allow such a vessel whose Atlantic mackerel or
herring permit has been nullified under this section from
engaging in the catching, taking, or harvesting of fish in any
other fishery within the U.S. EEZ. The House bill contained a
provision prohibiting vessels of such length from fishing in
the Atlantic herring or mackerel fishery. The Senate bill
contained no provision addressing these matters.
Sec. 617.--The conference agreement includes section 617,
similar to language proposed in the House bill, that allows
persons who prevail in a Federal criminal case to recover
attorney's fees and other litigation costs if the court finds
that the position of the United States was vexatious, frivolous
or in bad faith. The conferees understand that a grand jury
finding of probable cause to support an indictment does not
preclude a judge from finding that the government's position
was vexatious, frivolous or in bad faith. The provision
provides that the procedures and limitations of the Equal
Access to Justice Act apply, except with regard to burden of
proof, and that certain evidence may be received ex parte and
in camera and kept under seal for the court to make this
determination. Fees and expenses awarded under this provision
shall be paid by the agency over which the party prevails, from
any funds made available by appropriation to the Department of
Justice.
Sec. 618.--The conference agreement includes a provision,
Section 618, as contained in the House bill, prohibiting funds
provided in this Act from being used to promote the sale or
export of tobacco or tobacco products, or to seek the reduction
or removal of foreign restrictions on the marketing of tobacco
products, provided such restrictions are applied equally to all
tobacco or tobacco products of the same type.
The conferees do not intend for this provision to prevent
the United States Government from taking necessary actions in
accordance with the requirements and remedies available under
applicable U.S. trade laws and international trade agreements
to ensure non-discriminatory treatment of U.S. products.
Further, the conferees do not intend to prohibit the use of
funds for routine international trade services available to all
U.S. citizens such as the provision of publicly available
information on foreign country conditions and policies,
information or assistance that may help U.S. firms or
individuals comply with foreign government laws or regulations,
the processing of export tradecertificate of review
applications, and assistance in assuring fair treatment of U.S.
companies by foreign governments in transactions such as customs
clearance and intellectual property rights enforcement.
Sec. 619.--The conference agreement includes a provision
prohibiting the use of funds to pay for the expenses of an
election officer appointed by the court to oversee the election
of any officer or trustee of the International Brotherhood of
Teamsters, as proposed in the House bill. The Senate bill did
not contain a provision on this matter.
Sec. 620.--The conference agreement includes section 620,
numbered as section 612 in the Senate bill, which repeals a
portion of a 1900 appropriations Act which prohibited telegraph
or cable lines owned by foreign citizens or foreign
corporations or governments from being established or permitted
to enter Alaska. The House bill contained no similar provision.
Sec. 621.--The conference agreement includes section 621,
similar to section 613 of the Senate bill, which prohibits
funds from being used to issue a visa to any alien involved in
extrajudicial and political killings in Haiti. Specifically,
the provision prohibits issuance of a visa to any person who
(1) has been credibly alleged to have ordered, carried out, or
assisted in extrajudicial and political killings of 16 named
individuals; (2) was included in the list presented to former
President Aristide by former National Security Advisor Anthony
Lake; (3) was sought by the FBI in relation to political or
extrajudicial killings; (4) was involved in the September 1991
coup or murders occurring between 1991 and 1994; or (5) has
been credibly alleged to have been a member of the paramilitary
organization known as FRAPH. The provision gives the Secretary
of State authority to make exceptions on a case-by-case basis.
The provision also includes several reporting requirements by
the Secretary of State to the House International Relations and
Appropriations Committees and the Senate Foreign Relations and
Appropriations Committees. The House bill contained no similar
provision.
The conference agreement does not include a provision
included in the House bill as section 621, which would have
prohibited the expenditure of funds to conduct research on the
medicinal use or legalization of marijuana or any other
schedule I drug. The conferees understand the Department of
Justice has no intention of conducting any research of this
nature and direct the Attorney General to notify the Committees
on Appropriations of both the House and Senate under the
reprogramming procedures set forth in section 605 of the Act,
should any intention to study this matter arise.
Sec. 622.--The conference agreement includes a provision,
section 622, not included in either the House or Senate bills,
repealing section 3006 of P.L. 105-33 regarding the withholding
of payments to the Universal Service Fund.
Sec. 623.--The conference agreement includes a provision,
section 623, not included in either the House or Senate bills,
requiring the Federal Communications Commission (FCC) to review
and report to the Congress no later than April 10, 1998
regarding implementation of the universal service provisions of
the Telecommunications Act of 1996.
Sec. 624.--The conference agreement includes a technical
correction relating to the fiscal year 1998 Interior
Appropriations bill changing the quorum requirement of the
National Council of the Arts to 8.
Sec. 625.--The conference agreement includes a technical
correction relating to the fiscal year 1998 Legislative
Appropriations bill authorizing the appropriation for the
Senate Drug Caucus.
Sec. 626.--The conference agreement includes a provision
providing for the sale, at fair market value, of the existing
fleet of leased vehicles at the Naval Petroleum Reserve
Numbered 1 (Elk Hills) to the successful buyer of the Reserve,
with the proceeds from such sales to be returned to the General
Services Administration's ``General Supply Fund.''
Sec. 627.--The conference agreement includes a technical
correction relating to the National Indian Gaming Commission in
connection with the fiscal year 1998 Interior Appropriations
bill.
Sec. 628.--The conference agreement includes a provision
regarding relief for an individual who failed to file a timely
appeal of dismissal with the Department of Agriculture.
Sec. 629.--The conference agreement includes a provision
which permits previously appropriated funds to be used in
conjunction with the Small Business Investment Act of 1958.
Sec. 630.--The conference agreement includes a provision
to permit the White Mountain National Forest (WMNF) to proceed
with developing its next Forest Plan. The conferees recognize
that WMNF is a heavily visited National forest and its last
Forest Plan was completed in 1986. The Forest Plan is due to be
revised every ten to fifteen years and is essential to the
welfare and health of the forest. The WMNF has a long and
successful history of achieving a wide consensus balancing
wildlife habitat, wilderness protection, clean water and viable
timber industry. The conferees allow the WMNF to proceed with
revising its Forest Plan.
Sec. 631.--The conference agreement includes a provision
to allow the nomination of a Federal Election Commissioner to
move forward.
Sec. 632.--The conference agreement includes a provision
relating to a land transfer by the Secretary of Energy to Los
Alamos County, New Mexico and to the Secretary of Interior, in
trust for the Pueblo of San Ildefonso.
Sec. 633.--The conference agreement includes a provision
providing authority to the Secretary of Agriculture to use up
to $6,000,000 from the sale of grain in the disaster reserve to
implement a livestock indemnity program to pay for losses from
natural disasters pursuant to a Presidential or Secretarial
declaration.
Sec. 634.--The conference agreement includes a provision
providing that up to $800,000 from funds available to the
Department of Defense (DOD) in fiscal year 1998 may be used to
compensate for commercial cranberry crop losses resulting from
environmental contamination near the Massachusetts Military
Reservation (``MMR''), in bogs fed by groundwater contaminated
by athylene dibromide (``EDB'') emanating from MMR. DOD may
provide compensation if a claimant demonstrates a commercial
loss in 1997 of cranberry crops in the Mashpee or Falmouth
bogs, located on the Quashnet and Coonamessett rivers,
respectively, if DOD determines that the loss results from the
presence of EDB in or on cranberries in either of those bogs
from the EDB-contaminated plumes of groundwater known as ``FS
1'' or ``FS 28.''
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
Working Capital fund
(Rescission)
The conference agreement includes a rescission of
$100,000,000 from unobligated balances under this heading,
instead of $30,310,000 as proposed in the Senate bill. The
House bill did not include a rescission from this account.
TITLE VIII--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
The conference agreement includes $7,000,000 in emergency
supplemental appropriations, not included in either the House
or Senate bills, to provide emergency disaster assistance
pursuant to section 312(a) of the Magnuson-Stevens Fishery
Conservation and Management Act for the Bristol Bay and
Kuskokwim areas of Alaska.
conference total--with comparisons
The total new budget (obligational) authority for the
fiscal year 1998 recommended by the Committee of Conference,
with comparisons to the fiscal year 1997 amount, the 1998
budget estimates, and the House and Senate bills for 1998
follows:
New budget (obligational) authority, fiscal year 1997... $30,230,160,000
Budget estimates of new (obligational) authority, fiscal
year 1998........................................... 35,657,937,000
House bill, fiscal year 1998............................ 31,786,493,000
Senate bill, fiscal year 1998........................... 31,653,555,000
Conference agreement, fiscal year 1998.................. 31,816,907,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
1997.............................................. +1,586,747,000
Budget estimates of new (obligational) authority,
fiscal year 1998.................................. -3,841,030,000
House bill, fiscal year 1998........................ +30,414,000
Senate bill, fiscal year 1998....................... +163,352,000
Harold Rogers,
Jim Kolbe,
Ralph Regula,
Mike Forbes,
Tom Latham,
Bob Livingston,
Alan B. Mollohan,
David E. Skaggs
(except for sections 209,
210, 502, and 505),
Julian C. Dixon,
Managers on the Part of the House.
Judd Gregg,
Ted Stevens,
Pete Domenici,
Mitch McConnell,
Kay Bailey Hutchison,
Ben Nighthorse Campbell,
Thad Cochran,
Fritz Hollings,
Daniel Inouye,
Dale Bumpers,
Frank Lautenberg,
Barbara A. Mikulski,
Robert C. Byrd,
Managers on the Part of the Senate.