[105th Congress Public Law 119]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ119.105]
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DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 1998
[[Page 111 STAT. 2440]]
Public Law 105-119
105th Congress
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. <<NOTE: Nov. 26,
1997 - [H.R. 2267]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1998. Department of Justice Appropriations Act, 1998.>> 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 <<NOTE: Notification.>> 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
[[Page 111 STAT. 2441]]
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
[[Page 111 STAT. 2442]]
of, the Attorney General; and rent of private or Government-owned space
in the District of Columbia; $444,200,000; of which not to exceed
$10,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain available until
expended for office automation systems for the legal divisions covered
by this appropriation, and for the United States Attorneys, the
Antitrust Division, and offices funded through ``Salaries and
Expenses'', General Administration: Provided further, That of the total
amount appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official reception
and representation expenses.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum applicants, as
authorized by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended, $7,969,000, to
remain available until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $75,495,000: Provided, That notwithstanding any other provision of
law, not to exceed $70,000,000 of offsetting collections derived from
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 1998, so as to
result in a final fiscal year 1998 appropriation from the general fund
estimated at not more than $5,495,000: Provided further, That any fees
received in excess of $70,000,000 in fiscal year 1998, shall remain
available until expended, but shall not be available for obligation
until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States Attorneys,
including intergovernmental and cooperative agreements, $972,460,000; of
which not to exceed $2,500,000 shall be available until September 30,
1999, for: (1) training personnel in debt collection; (2) locating
debtors and their property; (3) paying the net costs of selling
property; and (4) tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation expenses:
Provided further, That not to exceed $10,000,000 of those funds
available for automated litigation
support contracts shall remain available until expended: Provided
further, That not to exceed $1,200,000 for the design, development,
[[Page 111 STAT. 2443]]
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
[[Page 111 STAT. 2444]]
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, <<NOTE: 31 USC 6505 note.>> 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
[[Page 111 STAT. 2445]]
other provision of law, upon a determination by the Attorney
General that emergent circumstances require additional funding for
conflict prevention and resolution activities of the Community Relations
Service, the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F),
and (G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust Fund,
$4,381,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements with
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, of which $50,000,000 shall remain available
until expended: Provided, That 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
[[Page 111 STAT. 2446]]
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.
[[Page 111 STAT. 2447]]
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
[[Page 111 STAT. 2448]]
passenger motor vehicles; acquisition, lease, maintenance and operation
of aircraft; research related to immigration enforcement; and for the
care and housing of Federal detainees held in the joint Immigration and
Naturalization Service and United States Marshals Service's Buffalo
Detention Facility; $1,657,886,000 of which not to exceed $400,000 for
research shall remain available until expended; of which not to exceed
$10,000,000 shall be available for costs associated with the training
program for basic officer training, and $5,000,000 is for payments or
advances arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in cooperative
activities related to immigration; and of which not to exceed $5,000,000
is to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled illegal aliens:
Provided, That none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee overtime
pay in an amount in 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 <<NOTE: 8 USC 1103 note.>>
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 <<NOTE: 8 USC
1446 note.>> 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
[[Page 111 STAT. 2449]]
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 <<NOTE: 42 USC 250a.>> 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,
[[Page 111 STAT. 2450]]
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 construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account;
$255,133,000, to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House of
Representatives and the Senate in compliance with provisions set forth
in section 605 of this Act: Provided further, That, of the total amount
appropriated, not to exceed $2,300,000 shall be available for the
renovation and construction of United States Marshals Service prisoner-
holding facilities.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase of (not to
exceed five for replacement only) and hire of passenger motor vehicles.
[[Page 111 STAT. 2451]]
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.
[[Page 111 STAT. 2452]]
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 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
[[Page 111 STAT. 2453]]
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
[[Page 111 STAT. 2454]]
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 <<NOTE: Records.>> 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
[[Page 111 STAT. 2455]]
and executed by the Attorney General through the Executive Office for
Weed and Seed: Provided further, That the Attorney General may direct
the use of other Department of Justice funds and personnel in support of
``Weed and Seed'' program activities only after the Attorney General
notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of this
Act.
Community Oriented Policing Services
violent crime reduction programs
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,400,000,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, for Public Safety and Community Policing Grants pursuant to
title I of the 1994 Act: Provided, That not to exceed 186 permanent
positions and 186 full-time equivalent workyears and $20,553,000 shall
be expended for program management and administration: Provided further,
That of the unobligated balances available in this program, $103,000,000
shall be used for innovative community policing programs, of which
$38,000,000 shall be used for a law enforcement technology program,
$1,000,000 shall be used for police recruitment programs authorized
under subtitle H of title III of the 1994 Act, $34,000,000 shall be used
for policing initiatives to combat methamphetamine production and
trafficking, $12,500,000 shall be used for the Community Policing to
Combat Domestic Violence Program pursuant to section 1701(d) of part Q
of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,
and $17,500,000 shall be used for other innovative community policing
programs, such as programs to improve the safety of elementary and
secondary school children, reduce crime on or near elementary and
secondary school grounds, and 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
[[Page 111 STAT. 2456]]
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
[[Page 111 STAT. 2457]]
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. <<NOTE: Abortion.>> 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 <<NOTE: Abortion.>> 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.
<<NOTE: 18 USC 3059 note.>> Sec. 106. Notwithstanding any other
provision of law, not to exceed $10,000,000 of the funds made available
in this Act may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which shall not
be subject to spending limitations contained in sections 3059 and 3072
of title 18, United States Code: Provided, That any reward of $100,000
or more, up to a maximum of $2,000,000, may not be made without the
personal approval of the President or the Attorney General and such
approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 108. Section 524(c)(8)(E) of title 28, United States Code, is
amended by striking ``1996'' and inserting ``1997 and thereafter''.
Sec. 109. (a) Section 1402(d) of the Victims of Crime Act of 1984
(42 U.S.C. 10601(d)), is amended--
(1) by striking paragraph (1); and
(2) in paragraph (2), by striking ``the next'' and inserting
``The first''.
(b) Any <<NOTE: 42 USC 10601 note.>> 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 <<NOTE: 8 USC 1356.>> striking entirely section
286(s);
(2) in section 286(r) by--
[[Page 111 STAT. 2458]]
(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 <<NOTE: 8 USC 1255.>> 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; <<NOTE: 8 USC
1182 note.>> 108 Stat. 1766) is amended to read as follows:
``(c) The <<NOTE: Effective dates. Termination date.>> 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),
[[Page 111 STAT. 2459]]
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 <<NOTE: Philippine Army, Scouts, and Guerilla
Veterans of World War II Naturalization Act of 1997. 8 USC 1101 note.>>
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.
[[Page 111 STAT. 2460]]
``(B) An executive department specified in subparagraph (A)
may not make a determination under the second sentence of
section 329(a) with respect to the service or separation from
service of a person described in paragraph (1) except pursuant
to a request from the Service.''; and
(3) by adding at the end the following new subsection:
``(d) Implementation.--(1) Notwithstanding any other provision of
law, for purposes of the naturalization of natives of the Philippines
under this section--
``(A) the processing of applications for naturalization,
filed in accordance with the provisions of this section,
including necessary interviews, shall be conducted in the
Philippines by employees of the Service designated pursuant to
section 335(b) of the Immigration and Nationality Act; and
``(B) oaths of allegiance for applications for
naturalization under this section shall be administered in the
Philippines by employees of the Service designated pursuant to
section 335(b) of that Act.
``(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may continue to be
processed, and oaths of allegiance may continue to be taken in the
United States.''.
(c) Repeal.--Section 113 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1440 note), is repealed.
(d) Effective <<NOTE: 8 USC 1440 note.>> 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
[[Page 111 STAT. 2461]]
``(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.
[[Page 111 STAT. 2462]]
``(G) The term `student' means a person who is
enrolled on a full-time or part-time basis, in any
public or private educational institution, including any
secondary school, trade, or professional institution, or
institution of higher education.''.
(2) Requirements upon release, parole, supervised release,
or probation.--Section 170101(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(b)) is
amended--
(A) in paragraph (1)--
(i) by striking the paragraph designation and
heading and inserting the following:
``(1) Duties of responsible officials.--'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by
striking ``or in the case of probation,
the court'' and inserting ``the court,
or another responsible officer or
official'';
(II) in clause (ii), by striking
``give'' and all that follows before the
semicolon and inserting ``report the
change of address as provided by State
law''; and
(III) in clause (iii), by striking
``shall register'' and all that follows
before the semicolon and inserting
``shall report the change of address as
provided by State law and comply with
any
registration requirement in the new
State of residence, and inform the
person that the person must also
register in a State where the person is
employed, carries on a vocation, or is a
student''; and
(iii) in subparagraph (B), by striking ``or
the court'' and inserting ``, the court, or
another responsible officer or official'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Transfer <<NOTE: Regulations.>> 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
[[Page 111 STAT. 2463]]
(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' ''
[[Page 111 STAT. 2464]]
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 <<NOTE: 42 USC 14071 note.>> Act of
1996 is amended by inserting at the end the following:
``(d) Effective Date.--States shall be allowed the time specified in
subsection (b) to establish minimally sufficient sexual offender
registration programs for purposes of the amendments made by section 2.
Subsections (c) and (k) of section 170102 of the Violent Crime Control
and Law Enforcement Act of 1994, and any requirement to issue related
regulations, shall take effect at the conclusion of the time provided
under this subsection for the establishment of minimally sufficient
sexual offender registration programs.''.
(8) Federal offenders and military personnel.--(A) Section
4042 of title 18, United States Code, is amended--
(i) in subsection (a)(5), by striking ``subsection
(b)'' and inserting ``subsections (b) and (c)'';
(ii) in subsection (b), by striking paragraph (4);
(iii) by redesignating subsection (c) as subsection
(d); and
(iv) by inserting after subsection (b) the
following:
``(c) Notice of Sex Offender Release.--(1) In the case of a person
described in paragraph (4) who is released from prison or sentenced to
probation, notice shall be provided to--
``(A) the chief law enforcement officer of the State and of
the local jurisdiction in which the person will reside; and
``(B) a State or local agency responsible for the receipt or
maintenance of sex offender registration information in the
State or local jurisdiction in which the person will reside.
The notice requirements under this subsection do not apply in relation
to a person being protected under chapter 224.
``(2) Notice provided under paragraph (1) shall include the
information described in subsection (b)(2), the place where the person
will reside, and the information that the person shall be subject to a
registration requirement as a sex offender. For a person who is released
from the custody of the Bureau of Prisons whose expected place of
residence following release is known to the Bureau of Prisons, notice
shall be provided at least 5 days
[[Page 111 STAT. 2465]]
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:
[[Page 111 STAT. 2466]]
``(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 <<NOTE: Courts.>> 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 <<NOTE: 10 USC 951 note.>> 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).
[[Page 111 STAT. 2467]]
(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 <<NOTE: Confidentiality.>> the
confidentiality of the identity and location of persons subject
to registration requirements as convicted offenders under
Federal or State law, including prescribing alternative
procedures to those otherwise provided by Federal or State law
for registration and tracking of such persons; and''.
(b) Sense of Congress and Report Relating to Stalking Laws.--
(1) Sense of congress.--It is the sense of Congress that
each State should have in effect a law that makes it a crime to
stalk any individual, especially children, without requiring
that such individual be physically harmed or abducted before a
stalker is restrained or punished.
(2) Report.--The <<NOTE: 42 USC 14039 note.>> 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 <<NOTE: 42 USC 14071 note.>> 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 <<NOTE: 8 USC 1153 note.>> amended--
(1) by striking ``300'' and inserting ``3,000''; and
(2) by striking ``five years'' and inserting ``seven
years''.
(b) Effective <<NOTE: 8 USC 1153 note.>> 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
[[Page 111 STAT. 2468]]
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 <<NOTE: Termination date.>> 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) <<NOTE: 42 USC 10602 note.>> 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;
[[Page 111 STAT. 2469]]
(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. <<NOTE: 5 USC 3104 note.>> (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 costs, consistent with standards prescribed
in Office of Management and Budget Circular A-76, of
[[Page 111 STAT. 2470]]
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 <<NOTE: Termination date.>> 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.''.
[[Page 111 STAT. 2471]]
(b) Effective Date.--The <<NOTE: 18 USC 3626 note.>> 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), <<NOTE: 8 USC 1182
note.>> 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 <<NOTE: Department of Commerce and Related Agencies
Appropriations Act, 1998.>> 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
[[Page 111 STAT. 2472]]
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 <<NOTE: Applicability.>> 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.3
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
rental of space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $15,000 for official
representation expenses abroad; awards of compensation to informers
under the Export Administration Act of 1979, and as authorized by 22
U.S.C. 401(b); purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation otherwise
established by law; $43,900,000 to remain available until expended, of
which $1,900,000 shall be for inspections and other activities related
to national security: Provided, That <<NOTE: Applicability.>> 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.
[[Page 111 STAT. 2473]]
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.
[[Page 111 STAT. 2474]]
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 <<NOTE: 15 USC 1527a note.>> 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, <<NOTE: 47 USC 903
note.>> 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
[[Page 111 STAT. 2475]]
withholding payment of such cost shall not use spectrum: Provided
further, That the Secretary of Commerce is authorized to retain and use
as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred in
telecommunications research, engineering, and related activities by the
Institute for Telecommunication Sciences of the NTIA, in furtherance of
its assigned functions under this paragraph, and such funds received
from other Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,500,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year: Provided further, That, notwithstanding any other provision of
law, the Pan-Pacific Education and Communication Experiments by
Satellite (PEACESAT) Program is eligible to compete for Public
Telecommunications Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $20,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used for the
planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services.
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $691,000,000, to remain
available until expended: Provided, That of this amount, $664,000,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 and shall be
retained and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during fiscal year
1998, so as to result
[[Page 111 STAT. 2476]]
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 <<NOTE: 15
USC 178k note.>> 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.
[[Page 111 STAT. 2477]]
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 <<NOTE: 33 USC 851.>> 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.
[[Page 111 STAT. 2478]]
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $491,609,000, to remain available until
expended: Provided, That not to exceed $116,910,000 is available for the
advanced weather interactive processing system, and may be available for
obligation and expenditure only pursuant to a certification by the
Secretary of Commerce that the total cost to complete the acquisition
and deployment of the advanced weather interactive processing system and
NOAA Port system, including program management, operations and
maintenance costs through deployment will not exceed $188,700,000:
Provided further, That unexpended balances of amounts previously made
available in the ``Operations, Research, and Facilities'' account and
the ``Construction'' account for activities funded under this heading
may be transferred to and merged with this account, to remain available
until expended for the purposes for which the funds were originally
appropriated.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e)
of such Act.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $953,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
[[Page 111 STAT. 2479]]
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. <<NOTE: 13 USC 23 note.>> 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
[[Page 111 STAT. 2480]]
of the Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof, the
Secretary of Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for agencies or
programs terminated under such legislation: Provided further, That such
plan shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce, or
any portion thereof, to cover the costs of actions relating to the
abolishment, reorganization, or transfer of functions and any related
personnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included under
section 205 of this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 208. 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. <<NOTE: 13 USC 141 note.>> (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;
[[Page 111 STAT. 2481]]
(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
[[Page 111 STAT. 2482]]
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
[[Page 111 STAT. 2483]]
civil action, according to the directions of the Speaker. The Office of
the General Counsel of the House of Representatives may employ the
services of outside counsel and other experts for this purpose.
(h) For purposes of this section and section 210--
(1) the term ``statistical method'' means an activity
related to the design, planning, testing, or implementation of
the use of representative sampling, or any other statistical
procedure, including statistical adjustment, to add or subtract
counts to or from the enumeration of the population as a result
of statistical inference; and
(2) the term ``census'' or ``decennial census'' means a
decennial enumeration of the population.
(i) Nothing in this Act shall be construed to authorize the use of
any statistical method, in connection with a decennial census, for the
apportionment or redistricting of Members in Congress.
( j) Sufficient funds appropriated under this Act or under any other
Act for purposes of the 2000 decennial census shall be used by the
Bureau of the Census to plan, test, and become prepared to implement a
2000 decennial census, without using statistical methods, which shall
result in the percentage of the total population actually enumerated
being as close to 100 percent as possible. In both the 2000 decennial
census, and any dress rehearsal 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. <<NOTE: Public information. Internet.>> 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. <<NOTE: Establishment. 13 USC 141 note.>> (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.
[[Page 111 STAT. 2484]]
<<NOTE: President.>> (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
[[Page 111 STAT. 2485]]
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 <<NOTE: Regulations.>> shall prescribe regulations
under which any member of the Board or of its staff, and any person
whose services are procured under subsection (d)(2)(B), who gains access
to any information or other matter pursuant to this subsection shall, to
the extent that any provisions of section 9 or 214 of title 13, United
States Code, would apply with respect to such matter in the case of an
employee of the Department of Commerce, be subject to such provisions.
(5) Upon the request of the Board, the head of any Federal agency is
authorized to detail, without reimbursement, any of the personnel of
such agency to the Board to assist the Board in carrying out its duties.
Any such detail shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
(6) Upon the request of the Board, the head of a Federal agency
shall provide such technical assistance to the Board as the Board
determines to be necessary to carry out its duties.
(7) The Board may use the United States mails in the same manner and
under the same conditions as Federal agencies and shall, for purposes of
the frank, be considered a commission of Congress as described in
section 3215 of title 39, United States Code.
(8) Upon request of the Board, the Administrator of General Services
shall provide to the Board on a reimbursable basis such administrative
support services as the Board may request.
(9) For purposes of costs relating to printing and binding,
including the cost of personnel detailed from the Government Printing
Office, the Board shall be deemed to be a committee of the Congress.
(f )(1) The <<NOTE: Reports.>> 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
[[Page 111 STAT. 2486]]
(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 <<NOTE: Applicability.>> subsection applies with respect
to any individual who is serving or who has ever served--
(A) as the Director of the Census; or
[[Page 111 STAT. 2487]]
(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 <<NOTE: Termination date.>> 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''.
[[Page 111 STAT. 2488]]
TITLE III <<NOTE: The Judiciary Appropriations Act, 1998.>> --THE
JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve; $29,245,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), $3,400,000, of which $485,000 shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $15,575,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$11,449,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,682,400,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; of which
$900,000 shall be transferred to the Commission on Structural
Alternatives for the Federal Courts of Appeals, to remain available
until expended; and of which not
[[Page 111 STAT. 2489]]
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);
[[Page 111 STAT. 2490]]
$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
[[Page 111 STAT. 2491]]
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 his capacity as Secretary of the Judicial
Conference.
Sec. 304. Section 612 of title 28, United States Code, shall be
amended by striking out subsection (l).
Sec. 305. <<NOTE: 28 USC 41 note.>> (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 <<NOTE: Reports.>> 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
[[Page 111 STAT. 2492]]
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. <<NOTE: Termination date.>> 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
[[Page 111 STAT. 2493]]
section. Such sums as are appropriated shall remain available until
expended.
Sec. 306. Pursuant <<NOTE: 28 USC 461 note.>> 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 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--
[[Page 111 STAT. 2494]]
``(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 <<NOTE: Applicability.>> 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 <<NOTE: Department of State and Related Agencies Appropriations
Act, 1998.>> 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), <<NOTE: 8 USC 1351 note.>> 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
[[Page 111 STAT. 2495]]
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
[[Page 111 STAT. 2496]]
209(a)(1) of the Foreign Service Act of 1980, as amended (Public Law 96-
465), as it relates to post inspections.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,200,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $7,900,000,
to remain available until September 30, 1999.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving,
maintaining, repairing, and planning for, buildings that are owned or
directly leased by the Department of State, and carrying out the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $404,000,000, to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)): Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $5,500,000 to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be 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.
[[Page 111 STAT. 2497]]
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 <<NOTE: 22 USC 269a note.>> 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
[[Page 111 STAT. 2498]]
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 <<NOTE: Notification.>> Committees on Appropriations of the House
of Representatives and the Senate and other appropriate committees of
the Congress are notified of the estimated cost and length of the
mission, the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds pursuant to
section 605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers.
[[Page 111 STAT. 2499]]
International Commissions
For necessary <<NOTE: 22 USC 269a note.>> 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)).
[[Page 111 STAT. 2500]]
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
[[Page 111 STAT. 2501]]
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 Reorganization Plan No. 2 of
1977, to carry out international communication activities, $364,415,000,
of which $12,100,000 shall remain available until expended, not to
exceed $16,000 may be used for official receptions within the United
States as authorized by section 804(3) of such Act of 1948 (22 U.S.C.
1747(3)), not to exceed $35,000 may be used for representation abroad as
authorized by section 302 of such Act of 1948 (22 U.S.C. 1452) and
section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085), and not
to exceed $39,000 may be used for official reception and representation
[[Page 111 STAT. 2502]]
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.
[[Page 111 STAT. 2503]]
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.
[[Page 111 STAT. 2504]]
(3) Appropriations for the Department of Commerce, for the
International Trade Administration, for operations and
administration, $7,055,000.
(4) Appropriations for the Department of Justice--
(A) for legal activities--
(i) for general legal activities, for salaries
and expenses, $194,000; and
(ii) for the United States Marshals Service,
for salaries and expenses, $2,000;
(B) for the Federal Bureau of Investigation, for
salaries and expenses, $2,477,000;
(C) for the Drug Enforcement Administration, for
salaries and expenses, $6,356,000; and
(D) for the Immigration and Naturalization Service,
for salaries and expenses, $1,313,000.
(5) Appropriations for the United States Information Agency,
for international information programs, $25,047,000.
(6) Appropriations for the Arms Control and Disarmament
Agency, for arms control and disarmament activities, $1,247,000.
(7) Appropriations to the President--
(A) for the Foreign Military Financing Program, for
administrative costs, $6,660,000;
(B) for the Economic Support Fund, $336,000;
(C) for the Agency for International Development--
(i) for operating expenses, $6,008,000;
(ii) for the Urban and Environmental Credit
Program, $54,000;
(iii) for the Development Assistance Fund,
$124,000;
(iv) for the Development Fund for Africa,
$526,000;
(v) for assistance for the new independent
states of the former Soviet Union, $818,000;
(vi) for assistance for Eastern Europe and the
Baltic States, $283,000; and
(vii) for international disaster assistance,
$306,000;
(D) for the Peace Corps, $3,672,000; and
(E) for the Department of State--
(i) for international narcotics control,
$1,117,000; and
(ii) for migration and refugee assistance,
$394,000.
(8) Appropriations for the Department of Defense--
(A) for operation and maintenance--
(i) for operation and maintenance, Army,
$4,394,000;
(ii) for operation and maintenance, Navy,
$1,824,000;
(iii) for operation and maintenance, Air
Force, $1,603,000; and
(iv) for operation and maintenance, Defense-
Wide, $21,993,000; and
(B) for procurement, for other procurement, Air
Force, $4,211,000.
(9) Appropriations for the American Battle Monuments
Commission, for salaries and expenses, $210,000.
(10) Appropriations for the Department of Agriculture--
[[Page 111 STAT. 2505]]
(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.
[[Page 111 STAT. 2506]]
(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) <<NOTE: Border adjustment.>> 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 <<NOTE: Regulations.>> 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
[[Page 111 STAT. 2507]]
Ship Financing Fund'' for administrative expenses in support of that
program in addition to any amount heretofore appropriated.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $32,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, not to exceed $3,725,000, which shall be transferred to
and merged with the appropriation for Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in 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.
[[Page 111 STAT. 2508]]
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
[[Page 111 STAT. 2509]]
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.
[[Page 111 STAT. 2510]]
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 provisions--legal services corporation
Sec. 501. (a) Continuation of Competitive Selection
Process.--None of the funds appropriated in this Act to the Legal
Services Corporation may be used to provide financial assistance to any
person or entity except through a competitive selection process
conducted in accordance with regulations promulgated by the Corporation
in accordance with the criteria set forth in subsections (c), (d), and
(e) of section 503 of Public Law 104-134 (110 Stat. 1321-52 et seq.).
(b) Inapplicability of Certain Procedures.--Sections 1007(a)(9) and
1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and
2996j) shall not apply to the provision, denial, suspension, or
termination of any financial assistance using funds appropriated in this
Act.
(c) Additional Procedures.--If, during any term of a grant or
contract awarded to a recipient by the Legal Services Corporation under
the competitive selection process referred to in subsection (a) and
applicable Corporation regulations, the Corporation finds, after notice
and opportunity for the recipient to be heard, that the recipient has
failed to comply with any requirement of the Legal Services Corporation
Act (42 U.S.C. 2996 et seq.), this Act, or any other applicable law
relating to funding for the Corporation, the Corporation may terminate
the grant or contract and institute a new competitive selection process
for the area served by the recipient, notwithstanding the terms of the
recipient's grant or contract.
Sec. 502. (a) Continuation of Requirements and Restrictions.--None
of the funds appropriated in this Act to the Legal Services Corporation
shall be expended for any purpose prohibited or limited by, or contrary
to any of the provisions of--
(1) sections 501, 502, 505, 506, and 507 of Public Law 104-
134 (110 Stat. 1321-51 et seq.), and all funds appropriated in
this Act to the Legal Services Corporation shall be subject to
the same terms and conditions as set forth in such sections,
except that all references in such sections to 1995 and 1996
shall be deemed to refer instead to 1997 and 1998, respectively;
and
(2) section 504 of Public Law 104-134 (110 Stat. 1321-53 et
seq.), and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such section, except that--
(A) subsection (c) of such section 504 shall not
apply;
(B) paragraph <<NOTE: Applicability.>> (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,
[[Page 111 STAT. 2511]]
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. <<NOTE: Applicability.>> (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;
[[Page 111 STAT. 2512]]
(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. <<NOTE: Applicability.>> (a) Not later than January 1,
1998, the Legal Services Corporation shall implement a system of case
information disclosure which shall apply to all basic field programs
which receive funds from the Legal Services Corporation from funds
appropriated in this Act.
(b) Any basic field program which receives Federal funds from the
Legal Services Corporation from funds appropriated in this Act must
disclose to the public in written form, upon request, and to the Legal
Services Corporation in semiannual reports, the following information
about each case filed by its attorneys in any court:
(1) The name and full address of each party to the legal
action unless such information is protected by an order or rule
of a court or by State or Federal law or revealing such
information would put the client of the recipient of such
Federal funds at risk of physical harm.
(2) The cause of action in the case.
(3) The name and address of the court in which the case was
filed and the case number assigned to the legal action.
(c) The case information disclosed in 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.
[[Page 111 STAT. 2513]]
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
[[Page 111 STAT. 2514]]
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.
[[Page 111 STAT. 2515]]
surety bond guarantees revolving fund
For additional capital for the ``Surety Bond Guarantees
Revolving Fund'', authorized by the Small Business Investment Act, as
amended, $3,500,000, to remain available without fiscal year limitation
as authorized by 15 U.S.C. 631 note.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572 (106 Stat. 4515-4516)), $6,850,000, to remain available until
expended: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. <<NOTE: Contracts. Public information.>> 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
[[Page 111 STAT. 2516]]
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
[[Page 111 STAT. 2517]]
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-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.
[[Page 111 STAT. 2518]]
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. <<NOTE: Pornography.>> 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
[[Page 111 STAT. 2519]]
(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. <<NOTE: 18 USC 3006A note.>> 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.
[[Page 111 STAT. 2520]]
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 <<NOTE: Name listing.>> 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 <<NOTE: Jean-Bertrand Aristide. Anthony Lake. Rene
Preval.>> been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon by
President Rene Preval;
(3) was <<NOTE: Jean-Joseph Exume.>> 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 <<NOTE: Records.>> 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
[[Page 111 STAT. 2521]]
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) <<NOTE: 47 USC 254 note.>> 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
[[Page 111 STAT. 2522]]
(5) the Commission's decisions regarding the percentage of
universal service support provided by Federal mechanisms and the
revenue base from which such support is derived.
Sec. 624. Section 6(d)(1) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 955(d)(1)) is
amended by striking the word ``fourteen'' and inserting in lieu thereof
``eight''.
Sec. 625. (a) Section 814(g)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 2291 note) is
amended by striking ``$325,000'' and inserting ``$370,000''.
(b) Section 814(i) of such section is amended by striking
``September 30, 1997'' and inserting ``September 30, 1999''.
Sec. 626. (a) In General.--Notwithstanding any provision of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471
et seq.), the Administrator of General Services shall convey, to any
person that acquires an interest in the Naval Petroleum Reserve Numbered
1 (Elk Hills) under subtitle B of title XXXIV of the National Defense
Authorization Act for Fiscal Year 1996 (110 Stat. 631), not to exceed
318 motor vehicles that are leased for use at that reserve on November
6, 1997.
(b) Procedures and Requirements.--Any conveyance of motor vehicles
under this section shall be made--
(1) after payment to the United States of consideration
equal to the fair market value of the motor vehicles; and
(2) under procedures, terms, and conditions that shall be
established by negotiation between the Administrator of General
Services and the person to whom the motor vehicles are conveyed.
(c) Treatment of Proceeds.--Amounts received by the United States as
consideration for motor vehicles conveyed under this section shall be
retained in the General Supply Fund and available in the same manner as
are increments for estimated replacement cost of motor vehicles under
section 211(d)(2) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 491(d)(2)).
Sec. 627. Section 19(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2718(a)) is amended to read as follows:
``(a) Subject to section 18, there are authorized to be
appropriated, for fiscal year 1998, and for each fiscal year thereafter,
an amount equal to the amount of funds derived from the assessments
authorized by section 18(a).''.
Sec. 628. <<NOTE: Clarence P. Stewart.>> 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
[[Page 111 STAT. 2523]]
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), <<NOTE: Ante, p. 1600.>> 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 <<NOTE: Ante, p. 1305.>> 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. <<NOTE: New Mexico. 42 USC 2391 note.>> (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 <<NOTE: Reports.>> 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 <<NOTE: Reports.>> 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.
[[Page 111 STAT. 2524]]
(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 <<NOTE: Reports.>> 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
[[Page 111 STAT. 2525]]
on the date of enactment of this Act, the Secretary shall not convey or
transfer the parcel under this section.
(h) Use of Conveyed or Transferred Land.--The parcels of land
conveyed or transferred under this section shall be used for historic,
cultural, or environmental preservation purposes,
economic diversification purposes, or community self-sufficiency
purposes.
(i) Treatment of Conveyances and Transfers.--(1) The purpose of the
conveyances and transfers under this section is to fulfill the
obligations of the United States with respect to Los Alamos National
Laboratory, New Mexico, under sections 91 and 94 of the Atomic Energy
Community Act of 1955 (42 U.S.C. 2391, 2394).
(2) Upon the completion of the conveyance or transfer of the parcels
of land available for conveyance or transfer under this section, the
Secretary shall make no further payments with respect to Los Alamos
National Laboratory under section 91 or section 94 of the Atomic Energy
Community Act of 1955.
( j) Repeal of Superseded Provision.--In the event of the enactment
of the National Defense Authorization Act for Fiscal Year 1998 by reason
of the approval of the President of the
conference report to accompany the bill (H.R. 1119) of the 105th
Congress, section 3165 of such Act <<NOTE: Ante, p. 2050.>> is
repealed.
Sec. 633. <<NOTE: Effective date.>> 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.
[[Page 111 STAT. 2526]]
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''.
Approved November 26, 1997.
LEGISLATIVE HISTORY--H.R. 2267 (S. 1022):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-207 (Comm. on Appropriations) and 105-405 (Comm.
of Conference).
SENATE REPORTS: No. 105-48, accompanying S. 1022 (Comm. on
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Sept. 24-26, 30, considered and passed House.
Oct. 1, considered and passed Senate, amended, in lieu of S.
1022.
Nov. 13, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 26, Presidential statement.
Dec. 2, President's special message on line item veto.
FEDERAL REGISTER, Vol. 62 (1997):
Dec. 3, Cancellation of item pursuant to the Line Item Veto
Act.
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