[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.

                                
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