2000
<PRE>[DOCID: f:h2267enr.txt]
        H.R.2267

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 1998, and for 
other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                          salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $76,199,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $7,860,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 1997: Provided further, That not to exceed 41 
permanent positions and 48 full-time equivalent workyears and 
$4,660,000 shall be expended for the Offices of Legislative Affairs and 
Public Affairs: Provided further, That the latter two aforementioned 
offices shall not be augmented by personnel details, temporary 
transfers of personnel on either a reimbursable or non-reimbursable 
basis or any other type of formal or informal transfer or reimbursement 
of personnel or funds on either a temporary or long-term basis.


                          counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$20,000,000 to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility 
which has been damaged or destroyed as a result of any domestic or 
international terrorist incident; (2) the costs of providing support to 
counter, investigate or prosecute domestic or international terrorism, 
including payment of rewards in connection with these activities; and 
(3) the costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities: Provided, That funds provided under this 
paragraph shall be available only after the Attorney General notifies 
the Committees on Appropriations of the House of Representatives and 
the Senate in accordance with section 605 of this Act.
    In addition, for necessary expenses, as determined by the Attorney 
General, $32,700,000, to remain available until expended, to reimburse 
departments and agencies of the Federal Government for any costs 
incurred in connection with--
        (1) counterterrorism technology research and development;
        (2) providing training and related equipment for chemical, 
    biological, nuclear, and cyber attack prevention and response 
    capabilities to State and local law enforcement agencies; and
        (3) providing bomb training and response capabilities to State 
    and local law enforcement agencies.


                    administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $70,007,000.


   violent crime reduction programs, administrative review and appeals

    For activities authorized by section 130005 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), as 
amended, $59,251,000, to remain available until expended, which shall 
be derived from the Violent Crime Reduction Trust Fund.


                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $33,211,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to the 
general purchase price limitation for the current fiscal year: 
Provided, That up to one-tenth of one percent of the Department of 
Justice's allocation from the Violent Crime Reduction Trust Fund grant 
programs may be transferred at the discretion of the Attorney General 
to this account for the audit or other review of such grant programs, 
as authorized by section 130005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322).

                    United States Parole Commission


                          salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $5,009,000.

                            Legal Activities


             Salaries and Expenses, General Legal Activities

    For expenses, necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia; $444,200,000; of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the funds available in this appropriation, not to 
exceed $17,525,000 shall remain available until expended for office 
automation systems for the legal divisions covered by this 
appropriation, and for the United States Attorneys, the Antitrust 
Division, and offices funded through ``Salaries and Expenses'', General 
Administration: Provided further, That of the total amount 
appropriated, not to exceed $1,000 shall be available to the United 
States National Central Bureau, INTERPOL, for official reception and 
representation expenses.
     In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.


        violent crime reduction programs, general legal activities

    For the expeditious deportation of denied asylum applicants, as 
authorized by section 130005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, $7,969,000, 
to remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund.


                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $75,495,000: Provided, That notwithstanding any other provision 
of law, not to exceed $70,000,000 of offsetting collections derived 
from fees collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall 
be retained and used for necessary expenses in this appropriation, and 
shall remain available until expended: Provided further, That the sum 
herein appropriated from the general fund shall be reduced as such 
offsetting collections are received during fiscal year 1998, so as to 
result in a final fiscal year 1998 appropriation from the general fund 
estimated at not more than $5,495,000: Provided further, That any fees 
received in excess of $70,000,000 in fiscal year 1998, shall remain 
available until expended, but shall not be available for obligation 
until October 1, 1998.


              salaries and expens
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es, united states attorneys

    For necessary expenses of the Office of the United States 
Attorneys, including intergovernmental and cooperative agreements, 
$972,460,000; of which not to exceed $2,500,000 shall be available 
until September 30, 1999, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, That 
not to exceed $1,200,000 for the design, development, and 
implementation of an information systems strategy for D.C. Superior 
Court shall remain available until expended: Provided further, That not 
to exceed $2,500,000 for the operation of the National Advocacy Center 
shall remain available until expended: Provided further, That not to 
exceed $2,000,000 shall remain available until expended for the 
expansion of existing Violent Crime Task Forces in United States 
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements, 
however denominated, and contracts with State and local prosecutorial 
and law enforcement agencies engaged in the investigation and 
prosecution of violent crimes, including bank robbery and carjacking, 
and drug trafficking: Provided further, That, in addition to 
reimbursable full-time equivalent workyears available to the Office of 
the United States Attorneys, not to exceed 8,948 positions and 9,113 
full-time equivalent workyears shall be supported from the funds 
appropriated in this Act for the United States Attorneys.


        violent crime reduction programs, united states attorneys

    For activities authorized by sections 40114, 130005, 190001(b), 
190001(d), and 250005 of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322), as amended, and section 815 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $62,828,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund.


                    United States Trustee System Fund

    For necessary expenses of the United States Trustee Program, as 
authorized by 28 U.S.C. 589a(a), $114,248,000, to remain available 
until expended and to be derived from the United States Trustee System 
Fund: Provided, That, notwithstanding any other provision of law, 
deposits to the Fund shall be available in such amounts as may be 
necessary to pay refunds due depositors: Provided further, That, 
notwithstanding any other provision of law, $114,248,000 of offsetting 
collections derived from fees collected pursuant to 28 U.S.C. 589a(b) 
shall be retained and used for necessary expenses in this appropriation 
and remain available until expended: Provided further, That the sum 
herein appropriated from the Fund shall be reduced as such offsetting 
collections are received during fiscal year 1998, so as to result in a 
final fiscal year 1998 appropriation from the Fund estimated at $0: 
Provided further, That any such fees collected in excess of 
$114,248,000 in fiscal year 1998 shall remain available until expended 
but shall not be available for obligation until October 1, 1998.


       Salaries and Expenses, Foreign Claims Settlement Commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,226,000.


          salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles and aircraft, and the purchase of passenger motor vehicles for 
police-type use, without regard to the general purchase price 
limitation for the current fiscal year, $467,833,000, as authorized by 
28 U.S.C. 561(i); of which not to exceed $6,000 shall be available for 
official reception and representation expenses; and of which not to 
exceed $4,000,000 for development, implementation, maintenance and 
support, and training for an automated prisoner information system, and 
not to exceed $2,200,000 to support the Justice Prisoner and Alien 
Transportation System, shall remain available until expended: Provided, 
That, for fiscal year 1998 and thereafter, the service of maintaining 
and transporting State, local, or territorial prisoners shall be 
considered a specialized or technical service for purposes of 31 U.S.C. 
6505, and any prisoners so transported shall be considered persons 
(transported for other than commercial purposes) whose presence is 
associated with the performance of a governmental function for purposes 
of 49 U.S.C. 40102.


     violent crime reduction Programs, United States Marshals Service

    For activities authorized by section 190001(b) of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), as 
amended, $25,553,000, to remain available until expended, which shall 
be derived from the Violent Crime Reduction Trust Fund.


                        Federal Prisoner Detention

    For expenses, related to United States prisoners in the custody of 
the United States Marshals Service as authorized in 18 U.S.C. 4013, but 
not including expenses otherwise provided for in appropriations 
available to the Attorney General, $405,262,000, as authorized by 28 
U.S.C. 561(i), to remain available until expended.


                      fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, 
for expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, and for per diems in lieu of 
subsistence, as authorized by law, including advances, $75,000,000, to 
remain available until expended; of which not to exceed $4,750,000 may 
be made available for planning, construction, renovations, maintenance, 
remodeling, and repair of buildings, and the purchase of equipment 
incident thereto, for protected witness safesites; of which not to 
exceed $1,000,000 may be made available for the purchase and 
maintenance of armored vehicles for transportation of protected 
witnesses; and of which not to exceed $4,000,000 may be made available 
for the purchase, installation and maintenance of a secure, automated 
information network to store and retrieve the identities and locations 
of protected witnesses.


            Salaries and Expenses, Community Relations Service

    For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $5,319,000 and, 
in addition, up to $2,000,000 of funds made available to the Department 
of Justice in this Act may be transferred by the Attorney General to 
this account: Provided, That notwithstanding any other provision of 
law, upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict prevention and 
resolution activities of the Community Relations Service, the Attorney 
General may transfer such amounts to the Community Relations Service, 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.


                          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
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 expenses

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


          payment to radiation exposure compensation trust fund

    For payments to the Radiation Exposure Compensation Trust Fund, 
$4,381,000.

                      Interagency Law Enforcement


                  Interagency Crime and Drug Enforcement

    For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include intergovernmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized 
crime drug trafficking, $294,967,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures described in section 605 
of this Act.

                    Federal Bureau of Investigation


                          Salaries and Expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 3,094 
passenger motor vehicles, of which 2,270 will be for replacement only, 
without regard to the general purchase price limitation for the current 
fiscal year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance, and operation of aircraft; and not to exceed $70,000 to 
meet unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General, $2,750,921,000; of which not to 
exceed $50,000,000 for automated data processing and telecommunications 
and technical investigative equipment and not to exceed $1,000,000 for 
undercover operations shall remain available until September 30, 1999; 
of which not less than $221,050,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $98,400,000 
shall remain available until expended; of which not to exceed 
$10,000,000 is authorized to be made available for making advances for 
expenses arising out of contractual or reimbursable agreements with 
State and local law enforcement agencies while engaged in cooperative 
activities related to violent crime, terrorism, organized crime, and 
drug investigations; and of which $1,500,000 shall be available to 
maintain an independent program office dedicated solely to the 
relocation of the Criminal Justice Information Services Division and 
the automation of fingerprint identification services: Provided, That 
not to exceed $45,000 shall be available for official reception and 
representation expenses: Provided further, That no funds in this Act 
may be used to provide ballistics imaging equipment to any State or 
local authority which has obtained similar equipment through a Federal 
grant or subsidy unless the State or local authority agrees to return 
that equipment or to repay that grant or subsidy to the Federal 
Government.


                     violent crime reduction programs

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994 
Act''), and the Antiterrorism and Effective Death Penalty Act of 1996 
(``the Antiterrorism Act''), $179,121,000, to remain available until 
expended, which shall be derived from the Violent Crime Reduction Trust 
Fund; of which $102,127,000 shall be for activities authorized by 
section 190001(c) of the 1994 Act and section 811 of the Antiterrorism 
Act; $57,994,000 shall be for activities authorized by section 
190001(b) of the 1994 Act; $4,000,000 shall be for training and 
investigative assistance authorized by section 210501 of the 1994 Act; 
$9,500,000 shall be for grants to States, as authorized by section 
811(b) of the Antiterrorism Act; and $5,500,000 shall be for 
establishing DNA quality-assurance and proficiency-testing standards, 
establishing an index to facilitate law enforcement exchange of DNA 
identification information, and related activities authorized by 
section 210501 of the 1994 Act.


                               Construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally owned buildings; 
and preliminary planning and design of projects; $44,506,000, to remain 
available until expended.

                    Drug Enforcement Administration


                          Salaries and Expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to 
be accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,602 passenger motor vehicles, of 
which 1,410 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft; 
$723,841,000, of which not to exceed $1,800,000 for research and 
$15,000,000 for transfer to the Drug Diversion Control Fee Account for 
operating expenses shall remain available until expended, and of which 
not to exceed $4,000,000 for purchase of evidence and payments for 
information, not to exceed $10,000,000 for contracting for automated 
data processing and telecommunications equipment, and not to exceed 
$2,000,000 for laboratory equipment, $4,000,000 for technical 
equipment, and $2,000,000 for aircraft replacement retrofit and parts, 
shall remain available until September 30, 1999; and of which not to 
exceed $50,000 shall be available for official reception and 
representation expenses.


                     Violent Crime Reduction Programs

    For activities authorized by sections 180104 and 190001(b) of the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended, and section 814 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132), $403,537,000, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund.


                               construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally owned buildings; 
and preliminary planning and design of projects; $8,000,000, to remain 
available until expended.

                 Immigration and Naturalization Service


                          Salaries and Expenses

    For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed $50,000 
to meet unforeseen emergencies of a confidential character, to be 
expended under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General; purchase for police-type use 
(not to exceed 2,904 passenger motor vehicles, 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; ac
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quisition, lease, maintenance and operation of aircraft; 
research related to immigration enforcement; and for the care and 
housing of Federal detainees held in the joint Immigration and 
Naturalization Service and United States Marshals Service's Buffalo 
Detention Facility; $1,657,886,000 of which not to exceed $400,000 for 
research shall remain available until expended; of which not to exceed 
$10,000,000 shall be available for costs associated with the training 
program for basic officer training, and $5,000,000 is for payments or 
advances arising out of contractual or reimbursable agreements with 
State and local law enforcement agencies while engaged in cooperative 
activities related to immigration; and of which not to exceed 
$5,000,000 is to fund or reimburse other Federal agencies for the costs 
associated with the care, maintenance, and repatriation of smuggled 
illegal aliens: Provided, That none of the funds available to the 
Immigration and Naturalization Service shall be available to pay any 
employee overtime pay in an amount in excess of $30,000 during the 
calendar year beginning January 1, 1998: Provided further, That 
uniforms may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That not to 
exceed $5,000 shall be available for official reception and 
representation expenses: Provided further, That none of the funds 
provided in this or any other Act shall be used for the continued 
operation of the San Clemente and Temecula checkpoints unless the 
checkpoints are open and traffic is being checked on a continuous 24-
hour basis: Provided further, That not to exceed 43 permanent positions 
and 43 full-time equivalent workyears and $4,167,000 shall be expended 
for the Office of Legislative Affairs and Public Affairs: Provided 
further, That the latter two aforementioned offices shall not be 
augmented by personnel details, temporary transfers of personnel on 
either a reimbursable or non-reimbursable basis or any other type of 
formal or informal transfer or reimbursement of personnel or funds on 
either a temporary or long-term basis: Provided further, That beginning 
seven calendar days after the enactment of this Act and for each fiscal 
year thereafter, none of the funds appropriated or otherwise made 
available to the Immigration and Naturalization Service may be used by 
the Immigration and Naturalization Service to accept, for the purpose 
of conducting criminal background checks on applications for any 
benefit under the Immigration and Nationality Act, any FD-258 
fingerprint card which has been prepared by or received from any 
individual or entity other than an office of the Immigration and 
Naturalization Service with the following exceptions: (1) State and 
local law enforcement agencies; and (2) United States consular offices 
at United States embassies and consulates abroad under the jurisdiction 
of the Department of State or United States military offices under the 
jurisdiction of the Department of Defense authorized to perform 
fingerprinting services to prepare FD-258 fingerprint cards for 
applicants residing abroad applying for immigration benefits: Provided 
further, That agencies may collect and retain a fee for fingerprinting 
services: Provided further, That, during fiscal year 1998 and each 
fiscal year thereafter, none of the funds appropriated or otherwise 
made available to the Immigration and Naturalization Service shall be 
used to complete adjudication of an application for naturalization 
unless the Immigration and Naturalization Service has received 
confirmation from the Federal Bureau of Investigation that a full 
criminal background check has been completed, except for those exempted 
by regulation as of January 1, 1997: Provided further, That the number 
of positions filled through non-career appointment at the Immigration 
and Naturalization Service, for which funding is provided in this Act 
or is otherwise made available to the Immigration and Naturalization 
Service, shall not exceed four permanent positions and four full-time 
equivalent workyears after July 1, 1998: Provided further, That 
notwithstanding any other provision of law, during fiscal year 1998, 
the Attorney General is authorized and directed to impose disciplinary 
action, including termination of employment, pursuant to policies and 
procedures applicable to employees of the Federal Bureau of 
Investigation, for any employee of the Immigration and Naturalization 
Service who violates policies and procedures set forth by the 
Department of Justice relative to the granting of citizenship or who 
willfully deceives the Congress or department leadership on any matter.


                     Violent Crime Reduction Programs

    For activities authorized by sections 130002, 130005, 130006, 
130007, and 190001(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322), as amended, and section 813 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-
132), $608,206,000, to remain available until expended, which will be 
derived from the Violent Crime Reduction Trust Fund.


                               construction

    For planning, construction, renovation, equipping, and maintenance 
of buildings and facilities necessary for the administration and 
enforcement of the laws relating to immigration, naturalization, and 
alien registration, not otherwise provided for, $75,959,000, to remain 
available until expended.

                         Federal Prison System


                          salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 834, of which 599 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments; $2,821,642,000: Provided, That the 
Attorney General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct expenditures 
by that Administration for medical relief for inmates of Federal penal 
and correctional institutions: Provided further, That the Director of 
the Federal Prison System (FPS), where necessary, may enter into 
contracts with a fiscal agent/fiscal intermediary claims processor to 
determine the amounts payable to persons who, on behalf of the FPS, 
furnish health services to individuals committed to the custody of the 
FPS: Provided further, That uniforms may be purchased without regard to 
the general purchase price limitation for the current fiscal year: 
Provided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $90,000,000 for the activation of new facilities shall 
remain available until September 30, 1999: Provided further, That of 
the amounts provided for Contract Confinement, not to exceed 
$20,000,000 shall remain available until expended to make payments in 
advance for grants, contracts and reimbursable agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980, as amended, for the care and security in the 
United States of Cuban and Haitian entrants: Provided further, That 
notwithstanding section 4(d) of the Service Contract Act of 1965 (41 
U.S.C. 353(d)), FPS may enter into contracts and other agreements with 
private entities for periods of not to exceed 3 years and 7 additional 
option years for the confinement of Federal prisoners.


                     violent crime reduction programs

    For substance abuse treatment in Federal prisons as authorized by 
section 32001(e) of the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322), as amended, $26,135,000, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund.


                         Buildings and Facilities

    For planning, acquisition of sites and c
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onstruction 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 of 1968, as amended by Public Law 102-534 (106 Stat. 3524); of 
which $25,000,000 is for the National Sexual Offender Registry: 
Provided, That, of funds appropriated under this heading, such funds 
are available as may be necessary to carry out the orderly termination 
of the Ounce of Prevention Council.


                state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, for State and Local Narcotics Control 
and Justice Assistance Improvements, notwithstanding the provisions of 
section 511 of said Act, $509,000,000, to remain available until 
expended, as authorized by section 1001 of title I of said Act, as 
amended by Public Law 102-534 (106 Stat. 3524), of which $46,500,000 
shall be available to carry out the provisions of chapter A of subpart 
2 of part E of title I of said Act, for discretionary grants under the 
Edward Byrne Memorial State and Local Law Enforcement Assistance 
Programs, including $2,097,000 which shall be available to the 
Executive Office of United States Attorneys to support the National 
District Attorneys Association's participation in legal education 
training at the National Advocacy Center.


    Violent Crime Reduction Programs, State and Local Law Enforcement 
                               Assistance

    For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to 
and merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of 
Child Abuse Act of 1990, as amended (``the 1990 Act''); $2,382,400,000, 
to remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund; of which $523,000,000 shall be for 
Local Law Enforcement Block Grants, pursuant to H.R. 728 as passed by 
the House of Representatives on February 14, 1995, except that for 
purposes of this Act, the Commonwealth of Puerto Rico shall be 
considered a ``unit of local government'' as well as a ``State'', for 
the purposes set forth in subparagraphs (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
2000
 which $2,000,000 shall be for Child Abuse Training 
Programs for Judicial Personnel and Practitioners, as authorized by 
section 224 of the 1990 Act; of which $172,000,000 shall be for Grants 
to Combat Violence Against Women, to States, units of local government, 
and Indian tribal governments, as authorized by section 1001(a)(18) of 
the 1968 Act, including $12,000,000 which shall be used exclusively for 
the purpose of strengthening civil legal assistance programs for 
victims of domestic violence: Provided further, That, of these funds, 
$7,000,000 shall be provided to the National Institute of Justice for 
research and evaluation of violence against women and $853,000 shall be 
provided to the Office of the United States Attorney for the District 
of Columbia for domestic violence programs in D.C. Superior Court; of 
which $59,000,000 shall be for Grants to Encourage Arrest Policies to 
States, units of local government, and Indian tribal governments, as 
authorized by section 1001(a)(19) of the 1968 Act; of which $25,000,000 
shall be for Rural Domestic Violence and Child Abuse Enforcement 
Assistance Grants, as authorized by section 40295 of the 1994 Act; of 
which $2,000,000 shall be for training programs to assist probation and 
parole officers who work with released sex offenders, as authorized by 
section 40152(c) of the 1994 Act; of which $1,000,000 shall be for 
grants for televised testimony, as authorized by section 1001(a)(7) of 
the 1968 Act; of which $2,750,000 shall be for national stalker and 
domestic violence reduction, as authorized by section 40603 of the 1994 
Act; of which $63,000,000 shall be for grants for residential substance 
abuse treatment for State prisoners, as authorized by section 
1001(a)(17) of the 1968 Act; of which $12,500,000 shall be for grants 
to States and units of local government for projects to improve DNA 
analysis, as authorized by section 1001(a)(22) of the 1968 Act; of 
which $900,000 shall be for the Missing Alzheimer's Disease Patient 
Alert Program, as authorized by section 240001(c) of the 1994 Act; of 
which $750,000 shall be for Motor Vehicle Theft Prevention Programs, as 
authorized by section 220002(h) of the 1994 Act; of which $30,000,000 
shall be for Drug Courts, as authorized by title V of the 1994 Act; of 
which $1,000,000 shall be for Law Enforcement Family Support Programs, 
as authorized by section 1001(a)(21) of the 1968 Act; of which 
$2,500,000 shall be for public awareness programs addressing marketing 
scams aimed at senior citizens, as authorized by section 250005(3) of 
the 1994 Act; and of which $250,000,000 shall be for Juvenile 
Accountability Incentive Block Grants pursuant to title III of H.R. 3 
as passed by the House of Representatives on May 8, 1997: Provided 
further, That notwithstanding the requirements of H.R. 3, a State, or 
unit of local government within such State, shall be eligible for a 
grant under this program if the Governor of the State certifies to the 
Attorney General, consistent with guidelines established by the 
Attorney General in consultation with Congress, that the State is 
actively considering, or will consider within one year from the date of 
such certification, legislation, policies, or practices which if 
enacted would qualify the State for a grant under section 1802 of H.R. 
3: Provided further, That 3 percent shall be available to the Attorney 
General for research, evaluation, and demonstration consistent with 
this program and 2 percent shall be available to the Attorney General 
for training and technical assistance consistent with this program: 
Provided further, That not less than 45 percent of any grant provided 
to a State or unit of local government shall be spent for the purposes 
set forth in paragraphs (3) through (9), and not less than 35 percent 
shall be spent for the purposes set forth in paragraphs (1), (2), and 
(10) of section 1801(b) of H.R. 3, unless the State or unit of local 
government certifies to the Attorney General or the State, whichever is 
appropriate, that the interests of public safety and juvenile crime 
control would be better served by expending its grant for other 
purposes set forth under section 1801(b) of H.R. 3: Provided further, 
That the Federal share limitation in section 1805(e) of H.R. 3 shall be 
50 percent in relation to the costs of constructing a permanent 
juvenile corrections facility: Provided further, That prior to 
receiving a grant under this program, a unit of local government must 
establish a coordinated enforcement plan for reducing juvenile crime, 
developed by a juvenile crime enforcement coalition, such coalition 
consisting of individuals representing the police, sheriff, prosecutor, 
State or local probation services, juvenile court, schools, business, 
and religious affiliated, fraternal, non-profit, or social service 
organizations involved in crime prevention: Provided further, That the 
conditions of sections 1802(a)(3) and 1802(b)(1)(C) of H.R. 3 regarding 
juvenile adjudication records require a State or unit of local 
government to make available to the Federal Bureau of Investigation 
records of delinquency adjudications which are treated in a manner 
equivalent to adult records: Provided further, That no State or unit of 
local government may receive a grant under this program unless such 
State or unit of local government has implemented, or will implement no 
later than January 1, 1999, a policy of controlled substance testing 
for appropriate categories of juveniles within the juvenile justice 
system and funds received under this program may be expended for such 
purpose: Provided further, That the minimum allocation for each State 
under section 1803(a)(1)(A) of H.R. 3 shall be 0.5 percent: Provided 
further, That the terms and conditions under this heading for juvenile 
accountability incentive block grants are effective for fiscal year 
1998 only and upon the enactment of authorization legislation for 
juvenile accountability incentive block grants, funding provided in 
this Act shall from that date be subject to the provisions of that 
legislation and any provisions in this Act that are inconsistent with 
that legislation shall no longer have effect: Provided further, That 
funds made available in fiscal year 1998 under subpart 1 of part E of 
title I of the 1968 Act may be obligated for programs to assist States 
in the litigation processing of death penalty Federal habeas corpus 
petitions and for drug testing initiatives: Provided further, That if a 
unit of local government uses any of the funds made available under 
this title to increase the number of law enforcement officers, the unit 
of local government will achieve a net gain in the number of law 
enforcement officers who perform nonadministrative public safety 
service.


                        Weed and Seed Program Fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $33,500,000, for intergovernmental agreements, 
including grants, cooperative agreements, and contracts, with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of violent crimes and drug offenses in ``Weed and Seed'' 
designated communities, and for either reimbursements or transfers to 
appropriation accounts of the Department of Justice and other Federal 
agencies which shall be specified by the Attorney General to execute 
the ``Weed and Seed'' program strategy: Provided, That funds designated 
by Congress through language for other Department of Justice 
appropriation accounts for ``Weed and Seed'' program activities shall 
be managed and executed by the Attorney General through the Executive 
Office for Weed and Seed: Provided further, That the Attorney General 
may direct the use of other Department of Justice funds and personnel 
in support of ``Weed and Seed'' program activities only after the 
Attorney General notifies the Committees on Appropriations of the House 
of Representatives and the Senate in accordance with section 605 of 
this Act.

             
2000
     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 enhance 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 sections 281 
and 282 of part D of title II of the Act for prevention and treatment 
programs relating to juvenile gangs; (3) $10,000,000 shall be available 
for expenses authorized by section 285 of part E of title II of the 
Act; (4) $12,000,000 shall be available for expenses authorized by part 
G of title II of the Act for juvenile mentoring programs; and (5) 
$20,000,000 shall be available for expenses authorized by title V of 
the Act for incentive grants for local delinquency prevention programs: 
Provided further, That upon the enactment of reauthorization 
legislation for Juvenile Justice Programs under the Juvenile Justice 
and Delinquency Prevention Act of 1974, as amended, funding provisions 
in this Act shall from that date be subject to the provisions of that 
legislation and any provisions in this Act that are inconsistent with 
that legislation shall no longer have effect.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance, $5,000,000 to remain available until expended, for 
developing, testing, and demonstrating programs designed to reduce drug 
use among juveniles.
    In addition, $25,000,000 shall be available for grants of $360,000 
to each State and $6,640,000 shall be available for discretionary 
grants to States, for programs and activities to enforce State laws 
prohibiting the sale of alcoholic beverages to minors or the purchase 
or consumption of alcoholic beverages by minors, prevention and 
reduction of consumption of alcoholic beverages by minors, and for 
technical assistance and training.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $7,000,000, to remain available until expended, as 
authorized by section 214B of the Act.


                     Public Safety Officers Benefits

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized 
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and 
$2,000,000 for the Federal Law Enforcement Education Assistance 
Program, as authorized by section 1212 of said Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $45,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attorney 
General.
    Sec. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 
93 Stat. 1040 (1979)), as amended, shall remain in effect until the 
termination date of this Act or until the effective date of a 
Department of Justice Appropriation Authorization Act, whichever is 
earlier.
    Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 106. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up 
to a maximum of $2,000,000, may not be made without the personal 
approval of the President or the Attorney General and such approval may 
not be delegated.
    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction 
Trust Fund, m
2000
ay 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 subsection (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--
        (1) by striking entirely section 286(s);
        (2) in section 286(r) by--
            (A) adding ``, and amount described in section 
        245(i)(3)(b)'' after ``recovered by the Department of Justice'' 
        in paragraph (2);
            (B) replacing ``Immigration and Naturalization Service'' 
        with ``Attorney General'' in paragraph (3); and
            (C) striking paragraph (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
        (3) 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 serv
2000
ice 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 c
2000
ourt'' 
            and inserting ``, the court, or another responsible officer 
            or official'';
            (B) by striking paragraph (2) and inserting the following:
        ``(2) Transfer of information to state and fbi; participation 
    in national sex offender registry.--
            ``(A) State reporting.--State procedures shall ensure that 
        the registration information is promptly made available to a 
        law enforcement agency having jurisdiction where the person 
        expects to reside and entered into the appropriate State 
        records or data system. State procedures shall also ensure that 
        conviction data and fingerprints for persons required to 
        register are promptly transmitted to the Federal Bureau of 
        Investigation.
            ``(B) National reporting.--A State shall participate in the 
        national database established under section 170102(b) in 
        accordance with guidelines issued by the Attorney General, 
        including transmission of current address information and other 
        information on registrants to the extent provided by the 
        guidelines.'';
            (C) in paragraph (3)(A)--
                (i) in the matter preceding clause (i), by striking 
            ``on each'' and all that follows through ``applies:'' and 
            inserting the following: ``State procedures shall provide 
            for verification of address at least annually.''; and
                (ii) by striking clauses (i) through (v);
            (D) in paragraph (4), by striking ``section reported'' and 
        all that follows before the period at the end and inserting the 
        following: ``section shall be reported by the person in the 
        manner provided by State law. State procedures shall ensure 
        that the updated address information is promptly made available 
        to a law enforcement agency having jurisdiction where the 
        person will reside and entered into the appropriate State 
        records or data system'';
            (E) in paragraph (5), by striking ``shall register'' and 
        all that follows before the period at the end and inserting 
        ``and who moves to another State, shall report the change of 
        address to the responsible agency in the State the person is 
        leaving, and shall comply with any registration requirement in 
        the new State of residence. The procedures of the State the 
        person is leaving shall ensure that notice is provided promptly 
        to an agency responsible for registration in the new State, if 
        that State requires registration''; and
          (F) by adding at the end the following:
        ``(7) Registration of out-of-state offenders, federal 
    offenders, persons sentenced by courts martial, and offenders 
    crossing state borders.--As provided in guidelines issued by the 
    Attorney General, each State shall include in its registration 
    program residents who were convicted in another State and shall 
    ensure that procedures are in place to accept registration 
    information from--
            ``(A) residents who were convicted in another State, 
        convicted of a Federal offense, or sentenced by a court 
        martial; and
            ``(B) nonresident offenders who have crossed into another 
        State in order to work or attend school.''.
        (3) Registration of offender crossing state border.--Section 
    170101 of the Violent Crime Control and Law Enforcement Act of 1994 
    (42 U.S.C. 14071) is amended by redesignating subsections (c) 
    through (f) as (d) through (g), respectively, and inserting after 
    subsection (b) the following:
    ``(c) Registration of Offender Crossing State Border.--Any person 
who is required under this section to register in the State in which 
such person resides shall also register in any State in which the 
person is employed, carries on a vocation, or is a student.''.
        (4) Release of information.--Section 170101(e)(2) of the 
    Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
    14071(e)(2)), as redesignated by subsection (c) of this section, is 
    amended by striking ``The designated'' and all that follows through 
    ``State 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 
re
2000
leased from the custody of the Bureau of Prisons whose expected place 
of residence following release is known to the Bureau of Prisons, 
notice shall be provided at least 5 days prior to release by the 
Director of the Bureau of Prisons. For a person who is sentenced to 
probation, notice shall be provided promptly by the probation officer 
responsible for the supervision of the person, or in a manner specified 
by the Director of the Administrative Office of the United States 
Courts. Notice concerning a subsequent change of residence by a person 
described in paragraph (4) during any period of probation, supervised 
release, or parole shall also be provided to the agencies and officers 
specified in paragraph (1) by the probation officer responsible for the 
supervision of the person, or in a manner specified by the Director of 
the Administrative Office of the United States Courts.
    ``(3) The Director of the Bureau of Prisons shall inform a person 
described in paragraph (4) who is released from prison that the person 
shall be subject to a registration requirement as a sex offender in any 
State in which the person resides, is employed, carries on a vocation, 
or is a student (as such terms are defined for purposes of section 
170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 
1994), and the same information shall be provided to a person described 
in paragraph (4) who is sentenced to probation by the probation officer 
responsible for supervision of the person or in a manner specified by 
the Director of the Administrative Office of the United States Courts.
    ``(4) A person is described in this paragraph if the person was 
convicted of any of the following offenses (including such an offense 
prosecuted pursuant to section 1152 or 1153):
        ``(A) An offense under section 1201 involving a minor victim.
        ``(B) An offense under chapter 109A.
        ``(C) An offense under chapter 110.
        ``(D) An offense under chapter 117.
        ``(E) Any other offense designated by the Attorney General as a 
    sexual offense for purposes of this subsection.
    ``(5) The United States and its agencies, officers, and employees 
shall be immune from liability based on good faith conduct in carrying 
out this subsection and subsection (b).''.
        (B)(i) Section 3563(a) of title 18, United States Code, is 
    amended by striking the matter at the end of paragraph (7) 
    beginning with ``The results of a drug test'' and all that follows 
    through the end of such paragraph and inserting that matter at the 
    end of section 3563.
        (ii) The matter inserted by subparagraph (A) at the end of 
    section 3563 is amended--
            (I) by striking ``The results of a drug test'' and 
        inserting the following:
    ``(e) Results of Drug Testing.--The results of a drug test''; and
            (II) by striking ``paragraph (4)'' each place it appears 
        and inserting ``subsection (a)(5)''.
        (iii) Section 3563(a) of title 18, United States Code, is 
    amended--
            (I) so that paragraphs (6) and (7) appear in numerical 
        order immediately after paragraph (5);
            (II) by striking ``and'' at the end of paragraph (6);
            (III) in paragraph (7), by striking ``assessments.'' and 
        inserting ``assessments; and''; and
            (IV) by inserting immediately after paragraph (7) (as moved 
        by clause (i)) the following new paragraph:
        ``(8) for a person described in section 4042(c)(4), that the 
    person report the address where the person will reside and any 
    subsequent change of residence to the probation officer responsible 
    for supervision, and that the person register in any State where 
    the person resides, is employed, carries on a vocation, or is a 
    student (as such terms are defined under section 170101(a)(3) of 
    the Violent Crime Control and Law Enforcement Act of 1994).''.
        (iv) Section 3583(d) of title 18, United States Code, is 
    amended by inserting after the second sentence the following: ``The 
    court shall order, as an explicit condition of supervised release 
    for a person described in section 4042(c)(4), that the person 
    report the address where the person will reside and any subsequent 
    change of residence to the probation officer responsible for 
    supervision, and that the person register in any State where the 
    person resides, is employed, carries on a vocation, or is a student 
    (as such terms are defined under section 170101(a)(3) of the 
    Violent Crime Control and Law Enforcement Act of 1994).''.
        (v) Section 4209(a) of title 18, United States Code, insofar as 
    such section remains in effect with respect to certain individuals, 
    is amended by inserting after the first sentence the following: 
    ``In every case, the Commission shall impose as a condition of 
    parole for a person described in section 4042(c)(4), that the 
    parolee report the address where the parolee will reside and any 
    subsequent change of residence to the probation officer responsible 
    for supervision, and that the parolee register in any State where 
    the parolee resides, is employed, carries on a vocation, or is a 
    student (as such terms are defined under section 170101(a)(3) of 
    the Violent Crime Control and Law Enforcement Act of 1994).''.
        (C)(i) The Secretary of Defense shall specify categories of 
    conduct punishable under the Uniform Code of Military Justice which 
    encompass a range of conduct comparable to that described in 
    section 170101(a)(3)(A) and (B) of the Violent Crime Control and 
    Law Enforcement Act of 1994 (42 U.S.C. 14071(a)(3)(A) and (B)), and 
    such other conduct as the Secretary deems appropriate for inclusion 
    for purposes of this subparagraph.
        (ii) In relation to persons sentenced by a court martial for 
    conduct in the categories specified under clause (i), the Secretary 
    shall prescribe procedures and implement a system to--
            (I) provide notice concerning the release from confinement 
        or sentencing of such persons;
            (II) inform such persons concerning registration 
        obligations; and
            (III) track and ensure compliance with registration 
        requirements by such persons during any period of parole, 
        probation, or other conditional release or supervision related 
        to the offense.
        (iii) The procedures and requirements established by the 
    Secretary under this subparagraph shall, to the maximum extent 
    practicable, be consistent with those specified for Federal 
    offenders under the amendments made by subparagraphs (A) and (B).
        (iv) If a person within the scope of this subparagraph is 
    confined in a facility under the control of the Bureau of Prisons 
    at the time of release, the Bureau of Prisons shall provide notice 
    of release and inform the person concerning registration 
    obligations under the procedures specified in section 4042(c) of 
    title 18, United States Code.
        (9) Protected witness registration.--Section 3521(b)(1) of 
    title 18, United States Code, is amended--
            (A) by striking ``and'' at the end of subparagraph (G);
            (B) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (C) by inserting after subparagraph (G) the following:
        ``(H) protect the confidentiality of the identity and location 
    of persons subject to registration requirements as convicted 
    offenders under Federal or State law, including prescribing 
    alternative procedures to those otherwise provided by Federal or 
    State law for registration and tracking of such persons; and''.
    (b) Sense of Congress and Report Relating to Stalking Laws.--
        (1) Sense of congress.--It is the sense of Congress that each 
    State should have in effect a law that makes it a crime to stalk 
    any individual, especially children, without requiring that such 
    individual be physically harmed or abducted before a stalker
2000
 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 
        classification series in other departments and agencies of the 
        Federal Government; and
            (B) the co
2000
sts, 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) and 
2458(c)) shall apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act 
shall include payment for assessments for services provided as part of 
these activities.

                         Export Administration


                      operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, inclu
2000
ding costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; rental of space abroad for periods not exceeding ten years, and 
expenses of alteration, repair, or improvement; payment of tort claims, 
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $15,000 for 
official representation expenses abroad; awards of compensation to 
informers under the Export Administration Act of 1979, and as 
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles 
for official use and motor vehicles for law enforcement use with 
special requirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law; $43,900,000 to 
remain available until expended, of which $1,900,000 shall be for 
inspections and other activities related to national security: 
Provided, That the provisions of the first sentence of section 105(f) 
and all of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 
carrying out these activities: Provided further, That payments and 
contributions collected and accepted for materials or services provided 
as part of such activities may be retained for use in covering the cost 
of such activities, and for providing information to the public with 
respect to the export administration and national security activities 
of the Department of Commerce and other export control programs of the 
United States and other governments.

                  Economic Development Administration


                 Economic Development Assistance Programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, Public 
Law 91-304, and such laws that were in effect immediately before 
September 30, 1982, and for trade adjustment assistance, $340,000,000: 
Provided, That none of the funds appropriated or otherwise made 
available under this heading may be used directly or indirectly for 
attorneys' or consultants' fees in connection with securing grants and 
contracts made by the Economic Development Administration: Provided 
further, That, notwithstanding any other provision of law, the 
Secretary of Commerce may provide financial assistance for projects to 
be located on military installations closed or scheduled for closure or 
realignment to grantees eligible for assistance under the Public Works 
and Economic Development Act of 1965, as amended, without it being 
required that the grantee have title or ability to obtain a lease for 
the property, for the useful life of the project, when in the opinion 
of the Secretary of Commerce, such financial assistance is necessary 
for the economic development of the area: Provided further, That the 
Secretary of Commerce may, as the Secretary considers appropriate, 
consult with the Secretary of Defense regarding the title to land on 
military installations closed or scheduled for closure or realignment.


                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $21,028,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, as amended, title II of 
the Trade Act of 1974, as amended, and the Community Emergency Drought 
Relief Act of 1977.

                  Minority Business Development Agency


                      Minority Business Development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $25,000,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis


                          salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$47,499,000, to remain available until September 30, 1999.


          economics and statistics administration revolving fund

    The Secretary of Commerce is authorized to disseminate economic and 
statistical data products as authorized by sections 1, 2, and 4 of 
Public Law 91-412 (15 U.S.C. 1525-1527) and, notwithstanding section 
5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 
4912), charge fees necessary to recover the full costs incurred in 
their production. Notwithstanding 31 U.S.C. 3302, receipts received 
from these data dissemination activities shall be credited to this 
account, to be available for carrying out these purposes without 
further appropriation.

                          Bureau of the Census


                          Salaries and Expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$137,278,000.


                      Periodic Censuses and Programs

    For expenses necessary to conduct the decennial census, 
$389,887,000, to remain available until expended: Provided, That of 
this amount, $4,000,000 shall be transferred to the Census Monitoring 
Board for necessary expenses as authorized by section 210 of this Act.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $165,926,000, 
to remain available until expended.

       National Telecommunications and Information Administration


                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $16,550,000, 
to remain available until expended: Provided, That notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies 
for costs incurred in spectrum management, analysis, and operations, 
and related services and such fees shall be retained and used as 
offsetting collections for costs of such spectrum services, to remain 
available until expended: Provided further, That hereafter, 
notwithstanding any other provision of law, NTIA shall not authorize 
spectrum use or provide any spectrum functions pursuant to the NTIA 
Organization Act, 47 U.S.C. 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 Faciliti
2000
es, Planning and Construction funds.


                    Information Infrastructure Grants

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $20,000,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $3,000,000 shall be available for program administration and 
other support activities as authorized by section 391: Provided 
further, That of the funds appropriated herein, not to exceed 5 percent 
may be available for telecommunications research activities for 
projects related directly to the development of a national information 
infrastructure: Provided further, That, notwithstanding the 
requirements of section 392(a) and 392(c) of the Act, these funds may 
be used for the planning and construction of telecommunications 
networks for the provision of educational, cultural, health care, 
public information, public safety, or other social services.

                      Patent and Trademark Office


                          Salaries and Expenses

    For necessary expenses of the Patent and Trademark Office provided 
for by law, including defense of suits instituted against the 
Commissioner of Patents and Trademarks, $691,000,000, to remain 
available until expended: Provided, That of this amount, $664,000,000 
shall be derived from offsetting collections assessed and collected 
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 and shall be 
retained and used for necessary expenses in this appropriation: 
Provided further, That the sum herein appropriated from the general 
fund shall be reduced as such offsetting collections are received 
during fiscal year 1998, so as to result in a final fiscal year 1998 
appropriation from the general fund estimated at $0: Provided further, 
That during fiscal year 1998, should the total amount of offsetting fee 
collections be less than $664,000,000, the total amounts available to 
the Patent and Trademark Office shall be reduced accordingly: Provided 
further, That any fees received in excess of $664,000,000 in fiscal 
year 1998 shall remain available until expended, but shall not be 
available for obligation until October 1, 1998: Provided further, That 
the remaining $27,000,000 shall be derived from deposits in the Patent 
and Trademark Office Fee Surcharge Fund as authorized by law and shall 
remain available until expended.

                         Science and Technology

                       Technology Administration


        Under Secretary for Technology/Office of Technology Policy

                          Salaries and Expenses

    For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $8,500,000, of which not to exceed 
$1,600,000 shall remain available until September 30, 1999.

             National Institute of Standards and Technology


              scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $276,852,000, to remain available until expended, of which 
not to exceed $3,800,000 shall be used to fund a cooperative agreement 
with Texas Tech University for wind research; and of which not to 
exceed $5,000,000 of the amount above $268,000,000 shall be used to 
fund a cooperative agreement with Montana State University for a 
research program on green buildings; and of which not to exceed 
$1,625,000 may be transferred to the ``Working Capital Fund''.


                      industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology, $113,500,000, to 
remain available until expended, of which not to exceed $300,000 may be 
transferred to the ``Working Capital Fund'': Provided, That 
notwithstanding the time limitations imposed by 15 U.S.C. 278k(c)(1) 
and (5) on the duration of Federal financial assistance that may be 
awarded by the Secretary of Commerce to Regional Centers for the 
transfer of Manufacturing Technology (``Centers''), such Federal 
financial assistance for a Center may continue beyond six years and may 
be renewed for additional periods, not to exceed one year, at a rate 
not to exceed one-third of the Center's total annual costs, subject 
before any such renewal to a positive evaluation of the Center and to a 
finding by the Secretary of Commerce that continuation of Federal 
funding to the Center is in the best interest of the Regional Centers 
for the transfer of Manufacturing Technology Program: Provided further, 
That the Center's most recent performance evaluation is positive, and 
the Center has submitted a reapplication which has successfully passed 
merit review.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$192,500,000, to remain available until expended, of which not to 
exceed $82,000,000 shall be available for the award of new grants, and 
of which not to exceed $500,000 may be transferred to the ``Working 
Capital Fund''.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$95,000,000, to remain available until expended: Provided, That of the 
amounts provided under this heading, $78,308,000 shall be available for 
obligation and expenditure only after submission of a plan for the 
expenditure of these funds, in accordance with section 605 of this Act.

            National Oceanic and Atmospheric Administration


                   Operations, Research, and Facilities

                      (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; not to exceed 283 commissioned 
officers on the active list as of September 30, 1998; grants, 
contracts, or other payments to nonprofit organizations for the 
purposes of conducting activities pursuant to cooperative agreements; 
and relocation of facilities as authorized by 33 U.S.C. 883i; 
$1,512,050,000, to remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302 but consistent with other existing law, 
fees shall be assessed, collected, and credited to this appropriation 
as offsetting collections to be available until expended, to recover 
the costs of administering aeronautical charting programs: Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such additional fees are received during fiscal year 
1998, so as to result in a final general fund appropriation estimated 
at not more than $1,509,050,000: Provided further, That any such 
additional fees received in excess of $3,000,000 in fiscal year 1998 
shall not be available for obligation until October 1, 1998: Provided 
further, That fees and donations received by the National Ocean Service 
for the management of the national marine sanctuaries may be retained 
and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in 
addition, $62,381,000 shall be derived by transfer from the fund 
entitled ``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'': Provided further, That grants to States 
pursuant to sections 306 and 306A of the Coastal Zone Management Act of 
1972, as amended, shall not exceed $2,000,000: Provided further, That 
unexpended balances in the accounts ``Construction'' and ``Fleet 
Modernization, Shipbuilding and Conversion'' shall be transferred to 
and merged with this account, to remain available until expended for 
the purposes for which the funds were originally appropriated.


                procurement, acquisition and construction

                      (including transfers of funds)

    For procurement, acquisition and constructi
2000
on 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 any portion thereof, the 
Secretary of Commerce, no later than 90 days thereafter, shall submit 
to the Committees on Appropriations of the House and the Senate a plan 
for transferring funds provided in this Act to the appropriate 
successor organizations: Provided, That the plan shall include a 
proposal for transferring or rescinding funds appropriated herein for 
agencies or programs terminated under such legislation: Provided 
further, That such plan shall be transmitted in accordance with section 
605 of this Act.
    (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce, or 
any portion thereof, to cover the costs of actions relating to the 
abolishment, reorganization, or transfer of functions and any related 
personnel action, including voluntary separation incentives if 
authorized by such legislation: Provided, That the authority to 
transfer funds between appropriations accounts that may be necessary to 
carry out this section is provided in addition to authorities included 
under section 205 of this Act: Provided further, That use of funds to 
carry out this section shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 207. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and
2000
 shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 208. The Secretary of Commerce may award contracts for 
hydrographic, geodetic, and photogrammetric surveying and mapping 
services in accordance with title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
    Sec. 209. (a) Congress finds that--
        (1) it is the constitutional duty of the Congress to ensure 
    that the decennial enumeration of the population is conducted in a 
    manner consistent with the Constitution and laws of the United 
    States;
        (2) the sole constitutional purpose of the decennial 
    enumeration of the population is the apportionment of 
    Representatives in Congress among the several States;
        (3) section 2 of the 14th article of amendment to the 
    Constitution clearly states that Representatives are to be 
    ``apportioned among the several States according to their 
    respective numbers, counting the whole number of persons in each 
    State'';
        (4) article I, section 2, clause 3 of the Constitution clearly 
    requires an ``actual Enumeration'' of the population, and section 
    195 of title 13, United States Code, clearly provides ``Except for 
    the determination of population for purposes of apportionment of 
    Representatives in Congress among the several States, the Secretary 
    shall, if he considers it feasible, authorize the use of the 
    statistical method known as `sampling' in carrying out the 
    provisions of this title.'';
        (5) the decennial enumeration of the population is one of the 
    most critical constitutional functions our Federal Government 
    performs;
        (6) it is essential that the decennial enumeration of the 
    population be as accurate as possible, consistent with the 
    Constitution and laws of the United States;
        (7) the use of statistical sampling or statistical adjustment 
    in conjunction with an actual enumeration to carry out the census 
    with respect to any segment of the population poses the risk of an 
    inaccurate, invalid, and unconstitutional census;
        (8) the decennial enumeration of the population is a complex 
    and vast undertaking, and if such enumeration is conducted in a 
    manner that does not comply with the requirements of the 
    Constitution or laws of the United States, it would be 
    impracticable for the States to obtain, and the courts of the 
    United States to provide, meaningful relief after such enumeration 
    has been conducted; and
        (9) Congress is committed to providing the level of funding 
    that is required to perform the entire range of constitutional 
    census activities, with a particular emphasis on accurately 
    enumerating all individuals who have historically been 
    undercounted, and toward this end, Congress expects--
            (A) aggressive and innovative promotion and outreach 
        campaigns in hard-to-count communities;
            (B) the hiring of enumerators from within those 
        communities;
            (C) continued cooperation with local government on address 
        list development; and
            (D) maximized census employment opportunities for 
        individuals seeking to make the transition from welfare to 
        work.
    (b) Any person aggrieved by the use of any statistical method in 
violation of the Constitution or any provision of law (other than this 
Act), in connection with the 2000 or any later decennial census, to 
determine the population for purposes of the apportionment or 
redistricting of Members in Congress, may in a civil action obtain 
declaratory, injunctive, and any other appropriate relief against the 
use of such method.
    (c) For purposes of this section--
        (1) the use of any statistical method as part of a dress 
    rehearsal or other simulation of a census in preparation for the 
    use of such method, in a decennial census, to determine the 
    population for purposes of the apportionment or redistricting of 
    Members in Congress shall be considered the use of such method in 
    connection with that census; and
        (2) the report ordered by title VIII of Public Law 105-18 and 
    the Census 2000 Operational Plan shall be deemed to constitute 
    final agency action regarding the use of statistical methods in the 
    2000 decennial census, thus making the question of their use in 
    such census sufficiently concrete and final to now be reviewable in 
    a judicial proceeding.
    (d) For purposes of this section, an aggrieved person (described in 
subsection (b)) includes--
        (1) any resident of a State whose congressional representation 
    or district could be changed as a result of the use of a 
    statistical method challenged in the civil action;
        (2) any Representative or Senator in Congress; and
        (3) either House of Congress.
    (e)(1) Any action brought under this section shall be heard and 
determined by a district court of three judges in accordance with 
section 2284 of title 28, United States Code. The chief judge of the 
United States court of appeals for each circuit shall, to the extent 
practicable and consistent with the avoidance of unnecessary delay, 
consolidate, for all purposes, in one district court within that 
circuit, all actions pending in that circuit under this section. Any 
party to an action under this section shall be precluded from seeking 
any consolidation of that action other than is provided in this 
paragraph. In selecting the district court in which to consolidate such 
actions, the chief judge shall consider the convenience of the parties 
and witnesses and efficient conduct of such actions. Any final order or 
injunction of a United States district court that is issued pursuant to 
an action brought under this section shall be reviewable by appeal 
directly to the Supreme Court of the United States. Any such appeal 
shall be taken by a notice of appeal filed within 10 days after such 
order is entered; and the jurisdictional statement shall be filed 
within 30 days after such order is entered. No stay of an order issued 
pursuant to an action brought under this section may be issued by a 
single Justice of the Supreme Court.
    (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
2000
 population as a result of statistical 
    inference; and
        (2) the term ``census'' or ``decennial census'' means a 
    decennial enumeration of the population.
    (i) Nothing in this Act shall be construed to authorize the use of 
any statistical method, in connection with a decennial census, for the 
apportionment or redistricting of Members in Congress.
    (j) Sufficient funds appropriated under this Act or under any other 
Act for purposes of the 2000 decennial census shall be used by the 
Bureau of the Census to plan, test, and become prepared to implement a 
2000 decennial census, without using statistical methods, which shall 
result in the percentage of the total population actually enumerated 
being as close to 100 percent as possible. In both the 2000 decennial 
census, and any dress rehearsal or other simulation made in preparation 
for the 2000 decennial census, the number of persons enumerated without 
using statistical methods must be publicly available for all levels of 
census geography which are being released by the Bureau of the Census 
for: (1) all data releases before January 1, 2001; (2) the data 
contained in the 2000 decennial census Public Law 94-171 data file 
released for use in redistricting; (3) the Summary Tabulation File One 
(STF-1) for the 2000 decennial census; and (4) the official populations 
of the States transmitted from the Secretary of Commerce through the 
President to the Clerk of the House used to reapportion the districts 
of the House among the States as a result of the 2000 decennial census. 
Simultaneously with any other release or reporting of any of the 
information described in the preceding sentence through other means, 
such information shall be made available to the public on the Internet. 
These files of the Bureau of the Census shall be available concurrently 
to the release of the original files to the same recipients, on 
identical media, and at a comparable price. They shall contain the 
number of persons enumerated without using statistical methods and any 
additions or subtractions thereto. These files shall be based on data 
gathered and generated by the Bureau of the Census in its official 
capacity.
    (k) This section shall apply in fiscal year 1998 and succeeding 
fiscal years.
    Sec. 210. (a) There shall be established a board to be known as the 
Census Monitoring Board (hereafter 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) Two individuals appointed by the majority leader of the 
    Senate.
        (B) Two individuals appointed by the Speaker of the House of 
    Representatives.
        (C) Four individuals appointed by the President, of whom--
            (i) one shall be on the recommendation of the minority 
        leader of the Senate; and
            (ii) one 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 five members of the Board.
    (6) The Board may promulgate any regulations necessary to carry out 
its duties.
    (d)(1) The Board shall have--
        (A) an executive director who shall be appointed jointly by the 
    members under subsection (c)(1)(A) and (B), and
        (B) an executive director who shall be appointed jointly by the 
    members under subsection (c)(1)(C),
each of whom shall be paid at a rate not to exceed level IV of the 
Executive Schedule.
    (2) Subject to such rules as the Board may prescribe, each 
executive director--
        (A) may appoint and fix the pay of such additional personnel as 
    that executive director considers appropriate; and
        (B) may procure temporary and intermittent services under 
    section 3109(b) of title 5, United States Code, but at rates for 
    individuals not to exceed the daily equivalent of the maximum 
    annual rate of pay payable for grade GS-15 of the General Schedule.
Such rules shall include provisions to ensure an equitable division or 
sharing of resources, as appropriate, between the respective staff of 
the Board.
    (3) The staff of the Board shall be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and shall be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
(relating to classification and General Schedule pay rates).
    (4) The Administrator of the General Services Administration, in 
coordination with the Secretary of Commerce, shall locate suitable 
office space for the operation of the Board in the W. Edwards Deming 
Building in Suitland, Maryland. The facilities shall serve as the 
headquarters of the Board and shall include all necessary equipment and 
incidentals required for the proper functioning of the Board.
    (e)(1) For the purpose of carrying out its duties, the Board may 
hold such hearings (at the call of either co-chairman) and undertake 
such other activities as the Board determines to be necessary to carry 
out its duties.
    (2) The Board may authorize any member of the Board or of its staff 
to take any action which the Board is authorized to take by this 
subsection.
    (3)(A) Each co-chairman of the Board and any members of the staff 
who may be designated by the Board under this paragraph shall be 
granted access to any data, files, information, or other matters 
maintained by the Bureau of the Census (or received by it in the course 
of conducting a decennial census of population) which they may request, 
subject to such regulations as the Board may prescribe in consultation 
with the Secretary of Commerce.
    (B) The Board or the co-chairmen acting jointly may secure directly 
from any other Federal agency, including the White House, all 
information that the Board considers necessary to enable the Board to 
carry out its duties. Upon request of the Board or both co-chairmen, 
the head of that agency (or other person duly designated for purposes 
of this paragraph) shall furnish that information to the Board.
    (4) The Board shall prescribe regulations under which any member of 
the Board or of its staff, and any person whose services are procured 
under subsection (d)(2)(B), who gains access to any information or 
other matter pursuant to this subsection shall, to the extent that any 
provisions of section 9 or 214 of title 13, United States Code, would 
apply with respect to such matter in the case of an employee of the 
Department of Commerce, be subject to such provisions.
    (5) Upon the request of the Board, the head of any Federal agency 
is authorized to detail, without reimbursement, any of the personnel of 
such agency to the Board to assist the Board in carrying out its 
duties. Any such detail shall not interrupt or otherwise affect the 
civil service status or privileges of the Federal employee.
    (6) Upon the request of the Board, the head of a Federal agency 
shall provide such technical assistance to the Board as the Board 
determines to be necessary to carry out its duties.
    (7) The Board may use the United States mails in the same manner
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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 
        historically been undercounted (including measures undertaken 
        in conjunction with local government and community and other 
        groups);
            (iv) establishment and operation of field offices; and
            (v) efforts relating to the recruitment, hiring, and 
        training of enumerators.
    (3) Any data or other information obtained by the Board under this 
section shall be made available to any committee or subcommittee of 
Congress of appropriate jurisdiction upon request of the chairman or 
ranking minority member of such committee or subcommittee. No such 
committee or subcommittee, or member thereof, shall disclose any 
information obtained under this paragraph which is submitted to it on a 
confidential basis unless the full committee determines that the 
withholding of that information is contrary to the national interest.
    (4) The Board shall study and submit to Congress, as part of its 
first report under paragraph (1)(A), its findings and recommendations 
as to the feasibility and desirability of using postal personnel or 
private contractors to help carry out the decennial census.
    (g) There is authorized to be appropriated $4,000,000 for each of 
fiscal years 1998 through 2001 to carry out this section.
    (h) To the extent practicable, members of the Board shall work to 
promote the most accurate and complete census possible by using their 
positions to publicize the need for full and timely responses to census 
questionnaires.
    (i)(1) No individual described in paragraph (2) shall be eligible--
        (A) to be appointed or to continue serving as a member of the 
    Board or as a member of the staff thereof; or
        (B) to enter into any contract with the Board.
    (2) This subsection applies with respect to any individual who is 
serving or who has ever served--
        (A) as the Director of the Census; or
        (B) with any committee or subcommittee of either House of 
    Congress, having jurisdiction over any aspect of the decennial 
    census, as--
            (i) a Member of Congress; or
            (ii) a congressional employee.
    (j) The Board shall cease to exist on September 30, 2001.
    (k) Section 9(a) of title 13, United States Code, is amended in the 
matter before paragraph (1) thereof by striking ``of this title--'' and 
inserting ``of this title or section 210 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1998--''.
    Sec. 211. (a) Section 401 of title 22, United States Code, is 
amended--
        (1) in subsection (a), by adding after the first sentence the 
    following: ``The Secretary of Commerce may seize and detain any 
    commodity (other than arms or munitions of war) or technology which 
    is intended to be or is being exported in violation of laws 
    governing such exports and may seize and detain any vessel, 
    vehicle, or aircraft containing the same or which has been used or 
    is being used in exporting or attempting to export such 
    articles.''; and
        (2) in subsection (b), by adding after ``and not inconsistent 
    with the provisions hereof.'' the following: ``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. 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 Fe
2000
deral Circuit


                          salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $15,575,000.

               United States Court of International Trade


                          salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services as authorized by 5 U.S.C. 
3109, and necessary expenses of the court, as authorized by law, 
$11,449,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                          salaries and expenses

                      (including transfer of funds)

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $2,682,400,000 (including the purchase of 
firearms and ammunition); of which not to exceed $13,454,000 shall 
remain available until expended for space alteration projects; of which 
$900,000 shall be transferred to the Commission on Structural 
Alternatives for the Federal Courts of Appeals, to remain available 
until expended; and of which not to exceed $10,000,000 shall remain 
available until expended for furniture and furnishings related to new 
space alteration and construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $2,450,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.


                     violent crime reduction programs

    For activities of the Federal Judiciary as authorized by law, 
$40,000,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund, as authorized by section 
190001(a) of Public Law 103-322, and sections 818 and 823 of Public Law 
104-132.


                            defender services

    For the operation of Federal Public Defender and Community Defender 
organizations; the compensation and reimbursement of expenses of 
attorneys appointed to represent persons under the Criminal Justice Act 
of 1964, as amended; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services under the 
Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execution 
of penal sentences; and the compensation of attorneys appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d); $329,529,000, to remain 
available until expended as authorized by 18 U.S.C. 3006A(i).


                     fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)); $64,438,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.


                              court security

    For necessary expenses, not otherwise provided for, incident to the 
procurement, installation, and maintenance of security equipment and 
protective services for the United States Courts in courtrooms and 
adjacent areas, including building ingress-egress control, inspection 
of packages, directed security patrols, and other similar activities as 
authorized by section 1010 of the Judicial Improvement and Access to 
Justice Act (Public Law 100-702); $167,214,000, of which not to exceed 
$10,000,000 shall remain available until expended for security systems, 
to be expended directly or transferred to the United States Marshals 
Service which shall be responsible for administering elements of the 
Judicial Security Program consistent with standards or guidelines 
agreed to by the Director of the Administrative Office of the United 
States Courts and the Attorney General.

           Administrative Office of the United States Courts


                          salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $52,000,000, of which not to exceed $7,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center


                          salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $17,495,000; of which $1,800,000 shall 
remain available through September 30, 1999, to provide education and 
training to Federal court personnel; and of which not to exceed $1,000 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds


                     payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $25,000,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,400,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $1,800,000.

                  United States Sentencing Commission


                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $9,240,000, of which not 
to exceed $1,000 is authorized for official reception and 
representation expenses.

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $10,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in h
2000
is 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 five 
        members who shall be appointed by the Chief Justice of the 
        United States.
            (B) Appointment.--The members of the Commission shall be 
        appointed within 30 days after the date of enactment of this 
        Act.
            (C) Vacancy.--Any vacancy in the Commission shall be filled 
        in the same manner as the original appointment.
            (D) Chair.--The Commission shall elect a chair and vice 
        chair from among its members.
            (E) Quorum.--Three members of the Commission shall 
        constitute a quorum, but two may conduct hearings.
        (3) Compensation.--
            (A) In general.--Members of the Commission who are 
        officers, or full-time employees, of the United States shall 
        receive no additional compensation for their services, but 
        shall be reimbursed for travel, subsistence, and other 
        necessary expenses incurred in the performance of duties vested 
        in the Commission, but not in excess of the maximum amounts 
        authorized under section 456 of title 28, United States Code.
            (B) Private members.--Members of the Commission from 
        private life shall receive $200 for each day (including travel 
        time) during which the member is engaged in the actual 
        performance of duties, but not in excess of the maximum amounts 
        authorized under section 456 of title 28, United States Code.
        (4) Personnel.--
            (A) Executive director.--The Commission may appoint an 
        Executive Director who shall receive compensation at a rate not 
        exceeding the rate prescribed for level V of the Executive 
        Schedule under section 5316 of title 5, United States Code.
            (B) Staff.--The Executive Director, with the approval of 
        the Commission, may appoint and fix the compensation of such 
        additional personnel as the Executive Director determines 
        necessary, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service 
        or the provisions of chapter 51 and subchapter III of chapter 
        53 of such title relating to classification and General 
        Schedule pay rates. Compensation under this paragraph shall not 
        exceed the annual maximum rate of basic pay for a position 
        above GS-15 of the General Schedule under section 5108 of title 
        5, United States Code.
            (C) Experts and consultants.--The Executive Director may 
        procure personal services of experts and consultants as 
        authorized by section 3109 of title 5, United States Code, at 
        rates not to exceed the highest level payable under the General 
        Schedule pay rates under section 5332 of title 5, United States 
        Code.
            (D) Services.--The Administrative Office of the United 
        States Courts shall provide administrative services, including 
        financial and budgeting services, to the Commission on a 
        reimbursable basis. The Federal Judicial Center shall provide 
        necessary research services to the Commission on a reimbursable 
        basis.
        (5) Information.--The Commission is authorized to request from 
    any department, agency, or independent instrumentality of the 
    Government any information and assistance the Commission determines 
    necessary to carry out its functions under this section. Each such 
    department, agency, and independent instrumentality is authorized 
    to provide such information and assistance to the extent permitted 
    by law when requested by the chair of the Commission.
        (6) Report.--The Commission shall conduct the studies required 
    in this section during the 10-month period beginning on the date on 
    which a quorum of the Commission has been appointed. Not later than 
    2 months following the completion of such 10-month period, the 
    Commission shall submit its report to the President and the 
    Congress. The Commission shall terminate 90 days after the date of 
    the submission of its report.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission such sums, not to exceed $900,000, as 
may be necessary to carry out the purposes of this section. Such sums 
as are appropriated shall remain available until expended.
    Sec. 306. Pursuant to section 140 of Public Law 97-92, justices and 
judges of the United States are authorized during fiscal year 1998, to 
receive a salary adjustment in accordance with 28 U.S.C. 461: Provided, 
That $5,000,000 is appropriated for salary adjustments pursuant to this 
section and such funds shall be transferred to and merged with 
appropriations in title III of this Act.
    Sec. 307. Section 44(c) of title 28, United States Code, is amended 
by adding at the end thereof the following sentence: ``In each circuit 
(other than the Federal judicial circuit) there shall be at least one 
circuit judge in regular active service appointed from the residents of 
each state in that circuit.''.
    Sec. 308. Section 3006A(d) of title 18, United States Code, is 
amended by striking paragraph (4) and inserting the following:
        ``(4) Disclosure of fees.--
            ``(A) In general.--Subject to subparagraphs (B) through 
        (E), the amounts paid under this subsection for services in any 
        case shall be made available to the public by the court upon 
        the court's approval of the payment.
            ``(B) Pre-trial or trial in progress.--If a trial is in 
        pre-trial status or still in progress and after considering the 
        defendant's interests as set forth in subparagraph (D), the 
        court shall--
                ``(i) redact any detailed information on the payment 
            voucher provided by defense counsel to justify the expenses 
            to the court; and
                ``(ii) make public only the amounts approved for 
            payment to defense counsel by dividing those amounts into 
            the following categories:

                    ``(I) Arraignment and or plea.
                    ``(II) Bail and detention hearings.
                    ``(III) Motions.
                    ``(IV) Hearings.
                    ``(V) Interviews and conferences.
                    ``(VI) Obtaining and reviewing records.
                    ``(VII) Legal research and brief writing.
                    ``(VIII) Travel time.
                    ``(IX) Investigative work.
                    ``(X) Experts.
                    ``(XI) Trial and appeals.
                    ``(XII) Other.

            ``(C) Trial completed.--
                ``(i) In general.--If a request for payment is not 
        
2000
    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.--If 
            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 24 months after the 
        effective date.''.
    This title may be cited as ``The Judiciary Appropriations Act, 
1998''.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                     Diplomatic and Consular Programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and 22 U.S.C. 2674; and 
for expenses of general administration; $1,705,600,000: Provided, That 
of the amount made available under this heading, not to exceed 
$4,000,000 may be transferred to, and merged with, funds in the 
``Emergencies in the Diplomatic and Consular Service'' appropriations 
account, to be available only for emergency evacuations and terrorism 
rewards: Provided further, That notwithstanding section 140(a)(5), and 
the second sentence of section 140(a)(3), of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), 
fees may be collected during fiscal years 1998 and 1999 under the 
authority of section 140(a)(1) of that Act: Provided further, That all 
fees collected under the preceding proviso shall be deposited in fiscal 
years 1998 and 1999 as an offsetting collection to appropriations made 
under this heading to recover costs as set forth under section 
140(a)(2) of that Act and shall remain available until expended.
    In addition to funds otherwise available, of the funds provided 
under this heading, $24,856,000 shall be available only for the 
Diplomatic Telecommunications Service for operation of existing base 
services and $17,312,000 shall be available only for the enhancement of 
the Diplomatic Telecommunications Service and shall remain available 
until expended.
    In addition, not to exceed $700,000 in registration fees collected 
pursuant to section 38 of the Arms Export Control Act, as amended, may 
be used in accordance with section 45 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2717); in addition not to exceed 
$1,252,000 shall be derived from fees collected from other executive 
agencies for lease or use of facilities located at the International 
Center in accordance with section 4 of the International Center Act 
(Public Law 90-553), as amended, and in addition, as authorized by 
section 5 of such Act $490,000, to be derived from the reserve 
authorized by that section, to be used for the purposes set out in that 
section; and in addition not to exceed $15,000 which shall be derived 
from reimbursements, surcharges, and fees for use of Blair House 
facilities in accordance with section 46 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2718(a)).
    Notwithstanding section 402 of this Act, not to exceed 20 percent 
of the amounts made available in this Act in the appropriation accounts 
``Diplomatic and Consular Programs'' and ``Salaries and Expenses'' 
under the heading ``Administration of Foreign Affairs'' may be 
transferred between such appropriation accounts: Provided, That any 
transfer pursuant to this sentence shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    In addition, for counterterrorism requirements overseas, including 
security guards and equipment, $23,700,000, to remain available until 
expended.


                          salaries and expenses

    For expenses necessary for the general administration of the 
Department of State and the Foreign Service, provided for by law, 
including expenses authorized by section 9 of the Act of August 31, 
1964, as amended (31 U.S.C. 3721), and the State Department Basic 
Authorities Act of 1956, as amended, $363,513,000.


                         capital investment fund

    For necessary expenses of the Capital Investment Fund, $86,000,000, 
to remain available until expended, as authorized in Public Law 103-
236: Provided, That section 135(e) of Public Law 103-236 shall not 
apply to funds available under this heading.


                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1) 
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as 
it relates to post inspections.


                        representation allowances

    For representation allowances as authorized by section 905 of the 
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,200,000.


               protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services in accordance 
with the provisions of section 214 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $7,900,000, 
to remain available until September 30, 1999.


            security and Maintenance of United States Missions

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, 
maintaining, repairing, and planning for, buildings that are owned or 
directly leased by the Department of State, and carrying out the 
Diplomatic Security C
2000
onstruction Program as authorized by title IV of 
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
U.S.C. 4851), $404,000,000, to remain available until expended as 
authorized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)): Provided, That none of the funds 
appropriated in this paragraph shall be available for acquisition of 
furniture and furnishings and generators for other departments and 
agencies.


            emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service 
pursuant to the requirement of 31 U.S.C. 3526(e), $5,500,000 to remain 
available until expended as authorized by section 24(c) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.


                    repatriation loans program account

    For the cost of direct loans, $593,000, as authorized by section 4 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671): 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974. In addition, for administrative expenses necessary to carry out 
the direct loan program, $607,000 which may be transferred to and 
merged with the Salaries and Expenses account under Administration of 
Foreign Affairs.


               payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8, $14,000,000.


      Payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $129,935,000.

              International Organizations and Conferences


               contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $955,515,000, of 
which not to exceed $54,000,000 shall remain available until expended 
for payment of arrearages: Provided, That none of the funds 
appropriated or otherwise made available by this Act for payment of 
arrearages may be obligated or expended unless such obligation or 
expenditure is expressly authorized by the enactment of an Act that 
makes payment of arrearages contingent upon reforms that should include 
the following: (1) a reduction in the United States assessed share of 
the United Nations regular budget to 20 percent and of peacekeeping 
operations to 25 percent; (2) reimbursement for goods and services 
provided by the United States to the United Nations; (3) 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; (4) a ceiling on United States contributions to international 
organizations after fiscal year 1998 of $900,000,000; (5) establishment 
of a merit-based personnel system at the United Nations that includes a 
code of conduct and a personnel evaluation system; (6) United States 
membership on the Advisory Committee on Administrative and Budgetary 
Questions that oversees the United Nations budget; (7) access to United 
Nations financial data by the General Accounting Office; (8) 
achievement of a negative growth budget and the establishment of 
independent inspectors general for affiliated organizations; and (9) 
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 semiannual basis pursuant to a 
certification by the Secretary of State on a semiannual 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 United States contributions 
to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, 
provided that such transferred funds are obligated or expended only for 
Commission meetings and sessions, provisional technical secretariat 
salaries and expenses, other Commission administrative and training 
activities, including purchase of training equipment, and upgrades to 
existing internationally based monitoring systems involved in 
cooperative data sharing agreements with the United States as of the 
date of enactment of this Act, until the United States 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 15 
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 
2000
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.).


                               (Rescission)

    Of the unexpended balances previously appropriated under this 
heading, $700,000 are rescinded.

                    United States Information Agency


                    international information programs

    For expenses, not otherwise provided for, necessary to enable the 
United States Information Agency, as authorized by the Mutual 
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 
2451 et seq.), the United States Information and Educational Exchange 
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization 
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international 
communication, educational and cultural activities; and to carry out 
related activities authorized by law, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized by section 801 of such Act of 1948 (22 U.S.C. 1471), and 
entertainment, including official receptions, within the United States, 
not to exceed $25,000 as authorized by section 804(3) of such Act of 
1948 (22 U.S.C. 1474(3)); $427,097,000: Provided, That not to exceed 
$1,400,000 may be used for representation abroad as authorized by 
section 302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the 
Foreign Service Act of 1980 (22 U.S.C. 4085): Provided further, That 
not to exceed $6,000,000, to remain available until expended, may be 
credited to this appropriation from fees or other payments received 
from or in connection with English teaching, library, motion pictures, 
and publication programs as authorized by section 810 of such Act of 
1948 (22 U.S.C. 1475e) and, notwithstanding any other law, fees from 
educational advising and counseling, and exchange visitor program 
services: Provided further, That not to exceed $920,000 to remain 
available until expended may be used to carry out projects involving 
security construction and related improvements for agency facilities 
not physically located together with Department of State facilities 
abroad.


                             technology fund

    For expenses necessary to enable the United States Information 
Agency to provide for the procurement of information technology 
improvements, as authorized by the United States Information and 
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), 
the Mutual Educational and Cultural Exchange Act of 1961, as amended 
(22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 
Stat. 1636), $5,050,000, to remain available until expended.


                educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977 (91 Stat. 1636), $197,731,000, to remain available until expended 
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455): 
Provided, That not to exceed $800,000, to remain available until 
expended, may be credited to this appropriation from fees or other 
payments received from or in connection with English teaching and 
publication programs as authorized by section 810 of the United States 
Information and Educational Exchange Act of 1948 (22 U.S.C. 1475e) and, 
notwithstanding any other provision of law, fees from educational 
advising and counseling.


            eisenhower exchange fellowship program trust fund

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 1998, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.


                     israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 1998, to remain available until expended.


                  international broadcasting operations

    For expenses necessary to enable the United States Information 
Agency, as authorized by the United States Information and Educational 
Exchange Act of 1948, as amended, the United States International 
Broadcasting Act of 1994, as amended, and Reorganizati
2000
on 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 As
2000
sistance 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 the 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 5, 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 
    5, 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 (Public Law 96-465), section 3903 of title 22, 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 5, 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 
2000
furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine Act, 
1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriation Act, and all 
receipts which otherwise would be deposited to the credit of said fund 
shall be covered into the Treasury as miscellaneous receipts.

      Commission for the Preservation of America's Heritage Abroad


                          salaries and expenses

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $250,000, as authorized by section 1303 of Public Law 
99-83.

                       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, 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. 5901-5902; $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 Inspector 
General, of which such amounts as may be necessary may be used to 
conduct additional audits of recipients; and $7,100,000 is for 
management and administration.


          Administrative Pr
2000
ovisions--Legal Services Corporation

    Sec. 501. (a) Continuation of Competitive Selection Process.--None 
of the funds appropriated in this Act to the Legal Services Corporation 
may be used to provide financial assistance to any person or entity 
except through a competitive selection process conducted in accordance 
with regulations promulgated by the Corporation in accordance with the 
criteria set forth in subsections (c), (d), and (e) of section 503 of 
Public Law 104-134 (110 Stat. 1321-52 et seq.).
    (b) Inapplicability of Certain Procedures.--Sections 1007(a)(9) and 
1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and 
2996j) shall not apply to the provision, denial, suspension, or 
termination of any financial assistance using funds appropriated in 
this Act.
    (c) Additional Procedures.--If, during any term of a grant or 
contract awarded to a recipient by the Legal Services Corporation under 
the competitive selection process referred to in subsection (a) and 
applicable Corporation regulations, the Corporation finds, after notice 
and opportunity for the recipient to be heard, that the recipient has 
failed to comply with any requirement of the Legal Services Corporation 
Act (42 U.S.C. 2996 et seq.), this Act, or any other applicable law 
relating to funding for the Corporation, the Corporation may terminate 
the grant or contract and institute a new competitive selection process 
for the area served by the recipient, notwithstanding the terms of the 
recipient's grant or contract.
    Sec. 502. (a) Continuation of Requirements and Restrictions.--None 
of the funds appropriated in this Act to the Legal Services Corporation 
shall be expended for any purpose prohibited or limited by, or contrary 
to any of the provisions of--
        (1) sections 501, 502, 505, 506, and 507 of Public Law 104-134 
    (110 Stat. 1321-51 et seq.), and all funds appropriated in this Act 
    to the Legal Services Corporation shall be subject to the same 
    terms and conditions as set forth in such sections, except that all 
    references in such sections to 1995 and 1996 shall be deemed to 
    refer instead to 1997 and 1998, respectively; and
        (2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et 
    seq.), and all funds appropriated in this Act to the Legal Services 
    Corporation shall be subject to the same terms and conditions set 
    forth in such section, except that--
            (A) subsection (c) of such section 504 shall not apply;
            (B) paragraph (3) of section 508(b) of Public Law 104-134 
        (110 Stat. 1321-58) shall apply with respect to the 
        requirements of subsection (a)(13) of such section 504, except 
        that all references in such section 508(b) to the date of 
        enactment shall be deemed to refer to April 26, 1996; and
            (C) subsection (a)(11) of such section 504 shall not be 
        construed to prohibit a recipient from using funds derived from 
        a source other than the Corporation to provide related legal 
        assistance to--
                (i) an alien who has been battered or subjected to 
            extreme cruelty in the United States by a spouse or a 
            parent, or by a member of the spouse's or parent's family 
            residing in the same household as the alien and the spouse 
            or parent consented or acquiesced to such battery or 
            cruelty; or
                (ii) an alien whose child has been battered or 
            subjected to extreme cruelty in the United States by a 
            spouse or parent of the alien (without the active 
            participation of the alien in the battery or extreme 
            cruelty), or by a member of the spouse's or parent's family 
            residing in the same household as the alien and the spouse 
            or parent consented or acquiesced to such battery or 
            cruelty, and the alien did not actively participate in such 
            battery or cruelty.
    (b) Definitions.--For purposes of subsection (a)(2)(C):
        (1) The term ``battered or subjected to extreme cruelty'' has 
    the meaning given such term under regulations issued pursuant to 
    subtitle G of the Violence Against Women Act of 1994 (Public Law 
    103-322; 108 Stat. 1953).
        (2) The term ``related legal assistance'' means legal 
    assistance directly related to the prevention of, or obtaining of 
    relief from, the battery or cruelty described in such subsection.
    Sec. 503. (a) Continuation of Audit Requirements.--The requirements 
of section 509 of Public Law 104-134 (110 Stat. 1321-58 et seq.), other 
than subsection (l) of such section, shall apply during fiscal year 
1998.
    (b) Requirement of Annual Audit.--An annual audit of each person or 
entity receiving financial assistance from the Legal Services 
Corporation under this Act shall be conducted during fiscal year 1998 
in accordance with the requirements referred to in subsection (a).
    Sec. 504. (a) Debarment.--The Legal Services Corporation may debar 
a recipient, on a showing of good cause, from receiving an additional 
award of financial assistance from the Corporation. Any such action to 
debar a recipient shall be instituted after the Corporation provides 
notice and an opportunity for a hearing to the recipient.
    (b) Regulations.--The Legal Services Corporation shall promulgate 
regulations to implement this section.
    (c) Good Cause.--In this section, the term ``good cause'', used 
with respect to debarment, includes--
        (1) prior termination of the financial assistance of the 
    recipient, under part 1640 of title 45, Code of Federal Regulations 
    (or any similar corresponding regulation or ruling);
        (2) prior termination in whole, under part 1606 of title 45, 
    Code of Federal Regulations (or any similar corresponding 
    regulation or ruling), of the most recent financial assistance 
    received by the recipient, prior to date of the debarment decision;
        (3) substantial violation by the recipient of the statutory or 
    regulatory restrictions that prohibit recipients from using 
    financial assistance made available by the Legal Services 
    Corporation or other financial assistance for purposes prohibited 
    under the Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 
    or for involvement in any activity prohibited by, or inconsistent 
    with, section 504 of Public Law 104-134 (110 Stat. 1321-53 et 
    seq.), section 502(a)(2) of Public Law 104-208 (110 Stat. 3009-59 
    et seq.), or section 502(a)(2) of this Act;
        (4) knowing entry by the recipient into a subgrant, 
    subcontract, or other agreement with an entity that had been 
    debarred by the Corporation; or
        (5) the filing of a lawsuit by the recipient, on behalf of the 
    recipient, as part of any program receiving any Federal funds, 
    naming the Corporation, or any agency or employee of a Federal, 
    State, or local government, as a defendant.
    Sec. 505. (a) Not later than January 1, 1998, the Legal Services 
Corporation shall implement a system of case information disclosure 
which shall apply to all basic field programs which receive funds from 
the Legal Services Corporation from funds appropriated in this Act.
    (b) Any basic field program which receives Federal funds from the 
Legal Services Corporation from funds appropriated in this Act must 
disclose to the public in written form, upon request, and to the Legal 
Services Corporation in semiannual reports, the following information 
about each case filed by its attorneys in any court:
        (1) The name and full address of each party to the legal action 
    unless such information is protected by an order or rule of a court 
    or by State or Federal law or revealing such information would put 
    the client of the recipient of such Federal funds at risk of 
    physical harm.
        (2) The cause of action in the case.
        (3) The name and address of the court in which the case was 
    filed and the case number assigned to the legal action.
    (c) T
2000
he case information disclosed in semiannual reports to the 
Legal Services Corporation shall be subject to disclosure under section 
552 of title 5, United States Code.
    Sec. 506. In establishing the income or assets of an individual who 
is a victim of domestic violence, under section 1007(a)(2) of the Legal 
Services Corporation Act (42 U.S.C. 2996f(a)(2)), to determine if the 
individual is eligible for legal assistance, a recipient described in 
such section shall consider only the assets and income of the 
individual, and shall not include any jointly held assets.

                        Marine Mammal Commission


                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, as amended, $1,185,000.

                   Securities and Exchange Commission


                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $283,000,000, of which not to exceed $10,000 
may be used toward funding a permanent secretariat for the 
International Organization of Securities Commissions, and of which not 
to exceed $100,000 shall be available for expenses for consultations 
and meetings hosted by the Commission with foreign governmental and 
other regulatory officials, members of their delegations, appropriate 
representatives and staff to exchange views concerning developments 
relating to securities matters, development and implementation of 
cooperation agreements concerning securities matters and provision of 
technical assistance for the development of foreign securities markets, 
such expenses to include necessary logistic and administrative expenses 
and the expenses of Commission staff and foreign invitees in attendance 
at such consultations and meetings including: (1) such incidental 
expenses as meals taken in the course of such attendance; (2) any 
travel and transportation to or from such meetings; and (3) any other 
related lodging or subsistance: Provided, That fees and charges 
authorized by sections 6(b)(4) of the Securities Act of 1933 (15 U.S.C. 
77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934 (15 U.S.C. 
78ee(d)) shall be credited to this account as offsetting collections: 
Provided further, That not to exceed $249,523,000 of such offsetting 
collections shall be available until expended for necessary expenses of 
this account: Provided further, That the total amount appropriated from 
the general fund for fiscal year 1998 under this heading shall be 
reduced as all such offsetting fees are deposited to this appropriation 
so as to result in a final total fiscal year 1998 appropriation from 
the general fund estimated at not more than $33,477,000.

                     Small Business Administration


                          salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 103-403, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $254,200,000, of which: $3,000,000 shall be 
available for a grant to Lackawanna County, Pennsylvania for 
infrastructure development to assist in small business development; 
$3,000,000 shall be available for a grant to the NTTC at Wheeling 
Jesuit University to continue the outreach program to assist small 
business development; $2,000,000 shall be for a grant to Western 
Carolina University to develop a facility to assist in small business 
and rural economic development; $1,500,000 shall be available for a 
grant to the State University of New York to develop a facility and 
operate the Institute of Entrepreneurship for small business and 
workforce development; $1,000,000 shall be for a grant for the Genesis 
Small Business Incubator Facility, Fayetteville, Arkansas; and $500,000 
shall be available for a continuation grant to the Center for 
Entrepreneurial Opportunity in Greensburg, Pennsylvania, to provide for 
small business consulting and assistance: Provided, That the 
Administrator is authorized to charge fees to cover the cost of 
publications developed by the Small Business Administration, and 
certain loan servicing activities: Provided further, That, 
notwithstanding 31 U.S.C. 3302, revenues received from all such 
activities shall be credited to this account, to be available for 
carrying out these purposes without further appropriations: Provided 
further, That $75,800,000 shall be available to fund grants for 
performance in fiscal year 1998 or fiscal year 1999 as authorized by 
section 21 of the Small Business Act, as amended.


                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App. 1-11), as amended by Public Law 100-504, 
$10,000,000.


                      business loans program account

    For the cost of guaranteed loans, $181,232,000, as authorized by 15 
U.S.C. 631 note, of which $45,000,000 shall remain available until 
September 30, 1999: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That during fiscal 
year 1998, commitments to guarantee loans under section 503 of the 
Small Business Investment Act of 1958, as amended, shall not exceed the 
amount of financings authorized under section 20(n)(2)(B) of the Small 
Business Act, as amended: Provided further, That during fiscal year 
1998, commitments for general business loans authorized under section 
7(a) of the Small Business Act, as amended, shall not exceed 
$10,000,000,000 without prior notification of the Committees on 
Appropriations of the House of Representatives and Senate in accordance 
with section 605 of this Act.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $94,000,000, which may be transferred to 
and merged with the appropriations for Salaries and Expenses.


                      disaster loans program account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, $23,200,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan program, $150,000,000, including not to exceed $500,000 for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program, and 
said sums shall be transferred to and merged with appropriations for 
the Office of Inspector General.


                  surety bond guarantees revolving fund

    For additional capital for the ``Surety Bond Guarantees Revolving 
Fund'', authorized by the Small Business Investment Act, as amended, 
$3,500,000, to remain available without fiscal year limitation as 
authorized by 15 U.S.C. 631 note.


         administrative provision--small business administration

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Small Business Administration in this Act 
may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this paragraph shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                        State Justice Institute


                          salaries and expenses

    Fo
2000
r 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 15 days in advance of such reprogramming of 
funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 1998, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 607. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 608. None of the funds made available in this Act may be used 
to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on 
religion, when it is made known to the Federal entity or official to 
which such funds are made available that such guidelines do not differ 
in any respect from the proposed guidelines published by the Commission 
on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for any cost 
incurred for: (1) opening or operating any United States diplomatic or 
consular post in the Socialist Republic of Vietnam that was not 
operating on July 11, 1995; (2) expanding any United States diplomatic 
or consular post in the Socialist Republic of Vietnam that was 
operating on July 11, 1995; or (3) increasing the total number of 
personnel assigned to United States diplomatic or consular posts in the 
Socialist Republic of Vietnam above the levels existing on July 11, 
1995, unless the President certifies within 60 days the following:
        (A) Based upon all information available to the United States 
    Government, the Government of the Socialist Republic of Vietnam is 
    fully cooperating in good faith with the United States in the 
    following:
            (i) Resolving discrepancy cases, live sightings, and field 
        activities.
            (ii) Recovering and repatriating American remains.
            (iii) Accelerating efforts to provide documents that will 
        help lead to fullest possible accounting of prisoners of war 
        and missing in action.
            (iv) Providing further assistance in implementing 
        trilateral investigations with Laos.
        (B) The remains, artifacts, eyewitness accounts, archival 
    material, and other evidence associated with prisoners of war and 
    missing in action recovered from crash sites, military actions, and 
    other locations in Southeast Asia are being thoroughly analyzed by 
    the appropriate laboratories with the intent of providing surviving 
    relatives with scientifically defensible, legal determinations of 
    death or other accountability 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-
2000
cell television viewing except for prisoners who are 
    segregated from the general prison population for their own safety;
        (2) the viewing of R, X, and NC-17 rated movies, through 
    whatever medium presented;
        (3) any instruction (live or through broadcasts) or training 
    equipment for boxing, wrestling, judo, karate, or other martial 
    art, or any bodybuilding or weightlifting equipment of any sort;
        (4) possession of in-cell coffee pots, hot plates or heating 
    elements; or
        (5) the use or possession of any electric or electronic musical 
    instrument.
    Sec. 612. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration (NOAA) under the 
headings ``Operations, Research, and Facilities'' and ``Procurement, 
Acquisition and Construction'' may be used to implement sections 603, 
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a 
modernization plan for its fisheries research vessels that takes fully 
into account opportunities for contracting for fisheries surveys.
    Sec. 613. Any costs incurred by a Department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such Department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 614. None of the funds made available in this Act to the 
Federal Bureau of Prisons may be used to distribute or make available 
any commercially published information or material to a prisoner when 
it is made known to the Federal official having authority to obligate 
or expend such funds that such information or material is sexually 
explicit or features nudity.
    Sec. 615. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--state and local law enforcement 
assistance'', not more than 90 percent of the amount to be awarded to 
an entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 616. (a) None of the funds made available in this Act may be 
used to issue or renew a fishing permit or authorization for any 
fishing vessel of the United States greater than 165 feet in registered 
length or of more than 750 gross registered tons, and that has an 
engine or engines capable of producing a total of more than 3,000 shaft 
horsepower--
        (1) as specified in the permit application required under part 
    648.4(a)(5) of title 50, Code of Federal Regulations, part 648.12 
    of title 50, Code of Federal Regulations, and the authorization 
    required under part 648.80(d)(2) of title 50, Code of Federal 
    Regulations, to engage in fishing for Atlantic mackerel or herring 
    (or both) under the Magnuson-Stevens Fishery Conservation and 
    Management Act (16 U.S.C. 1801 et seq.); or
        (2) that would allow such a vessel to engage in the catching, 
    taking, or harvesting of fish in any other fishery within the 
    exclusive economic zone of the United States (except territories), 
    unless a certificate of documentation had been issued for the 
    vessel and endorsed with a fishery endorsement that was effective 
    on September 25, 1997 and such fishery endorsement was not 
    surrendered at any time thereafter.
    (b) Any fishing permit or authorization issued or renewed prior to 
the date of the enactment of this Act for a fishing vessel to which the 
prohibition in subsection (a)(1) applies that would allow such vessel 
to engage in fishing for Atlantic mackerel or herring (or both) during 
fiscal year 1998 shall be null and void, and none of the funds made 
available in this Act may be used to issue a fishing permit or 
authorization that would allow a vessel whose permit or authorization 
was made null and void pursuant to this subsection to engage in the 
catching, taking, or harvesting of fish in any other fishery within the 
exclusive economic zone of the United States.
    Sec. 617. During fiscal year 1998 and in any fiscal year 
thereafter, the court, in any criminal case (other than a case in which 
the defendant is represented by assigned counsel paid for by the 
public) pending on or after the date of the enactment of this Act, may 
award to a prevailing party, other than the United States, a reasonable 
attorney's fee and other litigation expenses, where the court finds 
that the position of the United States was vexatious, frivolous, or in 
bad faith, unless the court finds that special circumstances make such 
an award unjust. Such awards shall be granted pursuant to the 
procedures and limitations (but not the burden of proof) provided for 
an award under section 2412 of title 28, United States Code. To 
determine whether or not to award fees and costs under this section, 
the court, for good cause shown, may receive evidence ex parte and in 
camera (which shall include the submission of classified evidence or 
evidence that reveals or might reveal the identity of an informant or 
undercover agent or matters occurring before a grand jury) and evidence 
or testimony so received shall be kept under seal. Fees and other 
expenses awarded under this provision to a party shall be paid by the 
agency over which the party prevails from any funds made available to 
the agency by appropriation. No new appropriations shall be made as a 
result of this provision.
    Sec. 618. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 619. None of the funds made available in this Act may be used 
to pay the expenses of an election officer appointed by a court to 
oversee an election of any officer or trustee for the International 
Brotherhood of Teamsters.
    Sec. 620. The second proviso of the second paragraph under the 
heading ``office of the chief signal officer.'' in the Act entitled 
``An Act Making appropriations for the support of the Regular and 
Volunteer Army for the fiscal year ending June thirtieth, nineteen 
hundred and one'', approved May 26, 1900 (31 Stat. 206; ch. 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 includ
2000
ed 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 access under section 254(h) of the Communications Act of 
    1934 (47 U.S.C. 254(h));
        (3) who is required to contribute to universal service under 
    section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)) 
    and related existing Federal universal service support mechanisms, 
    and of any exemption of providers or exclusion of any service that 
    includes telecommunications from such requirement or support 
    mechanisms;
        (4) who is eligible under sections 254(e), 254(h)(1), and 
    254(h)(2) of the Communications Act of 1934 (47 U.S.C. 254(e), 
    254(h)(1), and 254(h)(2)) to receive specific Federal universal 
    service support for the provision of universal service, and the 
    consistency with which the Commission has interpreted each of those 
    provisions of section 254; and
        (5) the Commission's decisions regarding the percentage of 
    universal service support provided by Federal mechanisms and the 
    revenue base from which such support is derived.
    Sec. 624. Section 6(d)(1) of the National Foundation on the Arts 
and the Humanities Act of 1965 (20 U.S.C. 955(d)(1)) is amended by 
striking the word ``fourteen'' and inserting in lieu thereof ``eight''.
    Sec. 625. (a) Section 814(g)(1) of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 2291 note) is 
amended by striking ``$325,000'' and inserting ``$370,000''.
    (b) Section 814(i) of such section is amended by striking 
``September 30, 1997'' and inserting ``September 30, 1999''.
    Sec. 626. (a) In General.--Notwithstanding any provision of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.), the Administrator of General Services shall convey, to any 
person that acquires an interest in the Naval Petroleum Reserve 
Numbered 1 (Elk Hills) under subtitle B of title XXXIV of the National 
Defense Authorization Act for Fiscal Year 1996 (110 Stat. 631), not to 
exceed 318 motor vehicles that are leased for use at that reserve on 
November 6, 1997.
    (b) Procedures and Requirements.--Any conveyance of motor vehicles 
under this section shall be made--
        (1) after payment to the United States of consideration equal 
    to the fair market value of the motor vehicles; and
        (2) under procedures, terms, and conditions that shall be 
    established by negotiation between the Administrator of General 
    Services and the person to whom the motor vehicles are conveyed.
    (c) Treatment of Proceeds.--Amounts received by the United States 
as consideration for motor vehicles conveyed under this section shall 
be retained in the General Supply Fund and available in the same manner 
as are increments for estimated replacement cost of motor vehicles 
under section 211(d)(2) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 491(d)(2)).
    Sec. 627. Section 19(a) of the Indian Gaming Regulatory Act (25 
U.S.C. 2718(a
2000
)) is amended to read as follows:
    ``(a) Subject to section 18, there are authorized to be 
appropriated, for fiscal year 1998, and for each fiscal year 
thereafter, an amount equal to the amount of funds derived from the 
assessments authorized by section 18(a).''.
    Sec. 628. Notwithstanding the failure of Clarence P. Stewart of 
Broadway, North Carolina, to file a timely appeal of his wrongful 
dismissal, during a reduction in force, from the Department of 
Agriculture as a State Executive Director for the former Agricultural 
Stabilization and Conservation Service of the Department, the Secretary 
of Agriculture shall cause Clarence P. Stewart to be afforded relief 
that is fully commensurate with the relief afforded the similarly 
dismissed appellants in the case before the Merit Systems Protection 
Board styled Blalock v. Department of Agriculture, 28 M.S.P.R. 17 
(1985).
    Sec. 629. Funds made available under Public Law 103-112 for the 
purposes of section 2007 of the Social Security Act shall be considered 
``qualified nonprivate funds'' for the purposes of section 103(13)(B) 
of the Small Business Investment Act of 1958 (15 U.S.C. 662(13)(B)); 
provided such funds were invested on or before July 1, 1995 in a 
licensee that was licensed prior to July 1, 1990 under section 301 of 
the Small Business Investment Act of 1958 (15 U.S.C. 681).
    Sec. 630. Section 332 of the Act making appropriations for the 
Department of the Interior and related agencies for the fiscal year 
ending September 30, 1998, and for other purposes, H.R. 2107 (105th 
Congress, 1st Session), is amended as follows--
        (1) after ``October 1, 1997'' strike ``, or'' and insert in 
    lieu thereof ``; those national forests''; and
        (2) after ``court-ordered to revise'' strike ``,'' and insert 
    in lieu thereof ``; and the White Mountain National Forest''.
    Sec. 631. Section 512(b) of Public Law 105-61 is amended by adding 
before the period: ``unless the President announced his intent to 
nominate the individual prior to November 30, 1997''.
    Sec. 632. (a) In General.--The Secretary of Energy shall--
        (1) convey, without consideration, to the Incorporated County 
    of Los Alamos, New Mexico (in this section referred to as the 
    ``County''), or to the designee of the County, fee title to the 
    parcels of land that are allocated for conveyance to the County in 
    the agreement under subsection (e); and
        (2) transfer to the Secretary of the Interior, in trust for the 
    Pueblo of San Ildefonso (in this section referred to as the 
    ``Pueblo''), administrative jurisdiction over the parcels that are 
    allocated for transfer to the Secretary of the Interior in such 
    agreement.
    (b) Preliminary Identification of Parcels of Land for Conveyance or 
Transfer.--(1) Not later than 90 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to the congressional 
defense committees a report identifying the parcels of land under the 
jurisdiction or administrative control of the Secretary at or in the 
vicinity of Los Alamos National Laboratory that are suitable for 
conveyance or transfer under this section.
    (2) A parcel is suitable for conveyance or transfer for purposes of 
paragraph (1) if the parcel--
        (A) is not required to meet the national security mission of 
    the Department of Energy or will not be required for that purpose 
    before the end of the 10-year period beginning on the date of 
    enactment of this Act;
        (B) is likely to be conveyable or transferable, as the case may 
    be, under this section not later than the end of such period; and
        (C) is suitable for use for a purpose specified in sub- section 
    (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 in accordance with the 
requirement in subsection (f)(2) by reason of its requirement to meet 
the national security mission of the Department, the Secretary shall 
convey or transfer the parcel, as the case may be, when the parcel is 
no longer required for that purpose.
    (3)(A) In the case of a parcel allocated under the agreement that 
is not available for conveyance or transfer in accordance with such 
requirement by reason of requirements for environmental restoration or 
remediation, the Secretary shall convey or transfer the parcel, as the 
case may be, upon the completion of the environmental restoration or 
remediation that is required with respect to the parcel.
    (B) If the Secretary determines that environmental restoration or 
remediation cannot reasonably be expected to be completed with respect 
to a parcel by the end of the 10-year period beginning on the date of 
enactment of this Act, the Secretary shall not convey or transfer the 
parcel under this section.
    (h) Use of Conveyed or Transferred Land.--The parcels of land 
conveyed or transferred under this section shall be used for 
1255
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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

0