Calendar No. 111

105TH CONGRESS

1ST SESSION S. 1022

[Report No. 105–48]

A BILL

Making appropriations for the Departments of

tember 30, 1998, and for other purposes.related agencies for the fiscal year ending SepCommerce, Justice, and State, the Judiciary, and

JULY 16, 1997

Read twice and placed on the calendar
II

Calendar No. 111

105TH CONGRESS

1ST SESSION S. 1022

[Report No. 105–48]

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.

IN THE SENATE OF THE UNITED STATES

JULY 16, 1997

Mr. GREGG, from the Committee on Appropriations, reported the following

original bill; which was read twice and placed on the calendar

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Commerce, Justice, and State, the Judici-
2

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1 ary, and related agencies programs for the fiscal year end2 ing September 30, 1998, and for other purposes, namely:

3 TITLE I—DEPARTMENT OF JUSTICE

4 GENERAL ADMINISTRATION

5 SALARIES AND EXPENSES

6 For expenses necessary for the administration of the

7 Department of Justice, $79,373,000; of which not to ex8 ceed $3,317,000 is for the Facilities Program 2000, to

9 remain available until expended: Provided, That not to ex10 ceed 43 permanent positions and 44 full-time equivalent

11 workyears and $7,860,000 shall be expended for the De12 partment Leadership Program exclusive of augmentation

13 that occurred in these offices in fiscal year 1997: Provided

14 further, That not to exceed 41 permanent positions and

15 48 full-time equivalent workyears and $4,660,000 shall be

16 expended for the Offices of Legislative Affairs and Public

17 Affairs: Provided further, That the latter two aforemen18 tioned offices shall not be augmented by personnel details,

19 temporary transfers of personnel on either a reimbursable

20 or non-reimbursable basis or any other type of formal or

21 informal transfer or reimbursement of personnel or funds

22 on either a temporary or long-term basis.

23 COUNTERTERRORISM FUND

24 For necessary expenses, as determined by the Attor25 ney General, $29,450,000 to remain available until ex26 pended, to reimburse any Department of Justice organiza-
3

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1 tion for (1) the costs incurred in reestablishing the oper2 ational capability of an office or facility which has been

3 damaged or destroyed as a result of any domestic or inter4 national terrorist incident, (2) the costs of providing sup5 port to counter, investigate or prosecute domestic or inter6 national terrorism, including payment of rewards in con7 nection with these activities, and (3) the costs of conduct8 ing a terrorism threat assessment of Federal agencies and

9 their facilities: Provided, That funds provided under this

10 section shall be available only after the Attorney General

11 notifies the Committees on Appropriations of the House

12 of Representatives and the Senate in accordance with sec13 tion 605 of this Act.

14 ADMINISTRATIVE REVIEW AND APPEALS

15 For expenses necessary for the administration of par16 don and clemency petitions and immigration related activi17 ties, $20,007,000.

18 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

19 REVIEW AND APPEALS

20 For activities authorized by section 130005 of the

21 Violent Crime Control and Law Enforcement Act of 1994

22 (Public Law 103–322), as amended, $59,251,000, to re23 main available until expended, which shall be derived from

24 the Violent Crime Reduction Trust Fund.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $33,211,000; including

5 not to exceed $10,000 to meet unforeseen emergencies of

6 a confidential character, to be expended under the direc7 tion of, and to be accounted for solely under the certificate

8 of, the Attorney General; and for the acquisition, lease,

9 maintenance, and operation of motor vehicles, without re10 gard to the general purchase price limitation for the cur11 rent fiscal year.

12 UNITED STATES PAROLE COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the United States Parole

15 Commission as authorized by law, $5,009,000.

16 LEGAL ACTIVITIES

17 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

18 For expenses, necessary for the legal activities of the

19 Department of Justice, not otherwise provided for, includ20 ing not to exceed $20,000 for expenses of collecting evi21 dence, to be expended under the direction of, and to be

22 accounted for solely under the certificate of, the Attorney

23 General; and rent of private or Government-owned space

24 in the District of Columbia; $437,178,000; of which not

25 to exceed $10,000,000 for litigation support contracts
5

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1 shall remain available until expended: Provided, That of

2 the funds available in this appropriation, not to exceed

3 $24,555,000 shall remain available until expended for of4 fice automation systems for the legal divisions covered by

5 this appropriation, and for the United States Attorneys,

6 the Antitrust Division, and offices funded through ‘‘Sala7 ries and Expenses’’, General Administration: Provided fur8 ther, That of the total amount appropriated, not to exceed

9 $1,000 shall be available to the United States National

10 Central Bureau, INTERPOL, for official reception and

11 representation expenses: Provided further, That not to ex12 ceed 4 permanent positions and 5 full-time equivalent

13 workyears and $470,000 shall be expended for the Office

14 of Legislative Affairs and Public Affairs: Provided further,

15 That the latter two aforementioned offices shall not be

16 augmented by personnel details, temporary transfers of

17 personnel on either a reimbursable or nonreimbursable

18 basis or any other type of formal or informal transfer or

19 reimbursement of personnel or funds on either a tem20 porary or long-term basis.

21 In addition, for reimbursement of expenses of the De22 partment of Justice associated with processing cases

23 under the National Childhood Vaccine Injury Act of 1986

24 as amended, not to exceed $4,028,000, to be appropriated

25 from the Vaccine Injury Compensation Trust Fund.
6

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1 VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL

2 ACTIVITIES

3 For the expeditious deportation of denied asylum ap4 plicants, as authorized by section 130005 of the Violent

5 Crime Control and Law Enforcement Act of 1994 (Public

6 Law 103–322), as amended, $7,969,000, to remain avail7 able until expended, which shall be derived from the Vio8 lent Crime Reduction Trust Fund.

9 SALARIES AND EXPENSES, ANTITRUST DIVISION

10 For expenses necessary for the enforcement of anti11 trust and kindred laws, $82,447,000: Provided, That not12 withstanding any other provision of law, not to exceed

13 $70,000,000 of offsetting collections derived from fees col14 lected for pre-merger notification filings under the Hart15 Scott-Rodino Antitrust Improvements Act of 1976 (15

16 U.S.C. 18(a)) shall be retained and used for necessary ex17 penses in this appropriation, and shall remain available

18 until expended: Provided further, That the sum herein ap19 propriated from the General Fund shall be reduced as

20 such offsetting collections are received during fiscal year

21 1998, so as to result in a final fiscal year 1998 appropria22 tion from the General Fund estimated at not more than

23 $12,447,000: Provided further, That any fees received in

24 excess of $70,000,000 in fiscal year 1998, shall remain

25 available until expended, but shall not be available for obli26 gation until October 1, 1998.
7

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1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For necessary expenses of the Office of the United

3 States Attorneys, including intergovernmental and cooper4 ative agreements, $986,404,000; of which not to exceed

5 $2,500,000 shall be available until September 30, 1999,

6 for (1) training personnel in debt collection, (2) locating

7 debtors and their property, (3) paying the net costs of sell8 ing property, and (4) tracking debts owed to the United

9 States Government: Provided, That of the total amount

10 appropriated, not to exceed $8,000 shall be available for

11 official reception and representation expenses: Provided

12 further, That not to exceed $10,000,000 of those funds

13 available for automated litigation support contracts shall

14 remain available until expended: Provided further, That

15 not to exceed $8,000,000 for the design, development, and

16 implementation of an information systems strategy for

17 D.C. Superior Court shall remain available until expended:

18 Provided further, That not to exceed $2,500,000 for the

19 operation of the National Advocacy Center shall remain

20 available until expended: Provided further, That not to ex21 ceed $10,000,000 shall remain available until expended to

22 support Violent Crime Task Forces in United States At23 torneys Offices, of which $5,000,000 shall be available for

24 the expansion of several existing Task Forces into region25 ally-diverse demonstration projects, including inter-gov-
8

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1 ernmental, inter-local, cooperative, and task-force agree2 ments, however denominated, and contracts with State

3 and local prosecutorial and law enforcement agencies en4 gaged in the investigation and prosecution of violent

5 crimes, including bank robbery and carjacking, and drug

6 trafficking: Provided further, That, in addition to reim7 bursable full-time equivalent workyears available to the

8 Office of the United States Attorneys, not to exceed 8,652

9 positions and 8,936 full-time equivalent workyears shall

10 be supported from the funds appropriated in this Act for

11 the United States Attorneys.

12 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

13 ATTORNEYS

14 For activities authorized by sections 40114, 130005,

15 190001(b), 190001(d) and 250005 of the Violent Crime

16 Control and Law Enforcement Act of 1994 (Public Law

17 103–322), as amended, and section 815 of the

18 Antiterrorism and Effective Death Penalty Act of 1996

19 (Public Law 104–132), $46,128,000, to remain available

20 until expended, which shall be derived from the Violent

21 Crime Reduction Trust Fund, of which $11,408,000 shall

22 be available for Southwest Border Control and $9,747,000

23 for expeditious deportation of denied asylum applicants.

24 UNITED STATES TRUSTEE SYSTEM FUND

25 For necessary expenses of the United States Trustee

26 Program, as authorized by 28 U.S.C. 589a(a),
9

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1 $116,721,000, to remain available until expended and to

2 be derived from the United States Trustee System Fund:

3 Provided, That notwithstanding any other provision of

4 law, deposits to the Fund shall be available in such

5 amounts as may be necessary to pay refunds due deposi6 tors: Provided further, That notwithstanding any other

7 provision of law, $116,721,000 of offsetting collections de8 rived from fees collected pursuant to 28 U.S.C. 589a(b)

9 shall be retained and used for necessary expenses in this

10 appropriation and remain available until expended: Pro11 vided further, That the sum herein appropriated from the

12 Fund shall be reduced as such offsetting collections are

13 received during fiscal year 1998, so as to result in a final

14 fiscal year 1998 appropriation from the Fund estimated

15 at $0: Provided further, That any such fees collected in

16 excess of $116,721,000 in fiscal year 1998 shall remain

17 available until expended, but shall not be available for obli18 gation until October 1, 1998.

19 SALARIES AND EXPENSES, FOREIGN CLAIMS

20 SETTLEMENT COMMISSION

21 For expenses necessary to carry out the activities of

22 the Foreign Claims Settlement Commission, including

23 services as authorized by 5 U.S.C. 3109, $1,226,000.
10

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1 SALARIES AND EXPENSES, UNITED STATES MARSHALS

2 SERVICE

3 For necessary expenses of the United States Mar4 shals Service; including the acquisition, lease, mainte5 nance, and operation of vehicles and aircraft, and the pur6 chase of passenger motor vehicles for police-type use, with7 out regard to the general purchase price limitation for the

8 current fiscal year, $471,786,000, as authorized by 28

9 U.S.C. 561(i); of which not to exceed $6,000 shall be

10 available for official reception and representation ex11 penses; and of which not to exceed $4,000,000 for develop12 ment, implementation, maintenance and support, and

13 training for an automated prisoner information system,

14 and not to exceed $2,200,000 to support the Justice Pris15 oner and Alien Transportation System, shall remain avail16 able until expended: Provided, That, for fiscal year 1998

17 and thereafter, the service of maintaining and transport18 ing State, local, or territorial prisoners shall be considered

19 a specialized or technical service for purposes of 31 U.S.C.

20 6505, and any prisoners so transported shall be considered

21 persons (transported for other than commercial purposes)

22 whose presence is associated with the performance of a

23 governmental function for purposes of 49 U.S.C. 40102:

24 Provided further, That not to exceed 6 permanent posi25 tions and 6 full-time equivalent workyears and $350,000
11

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1 shall be expended for the Offices of Legislative Affairs and

2 Public Affairs: Provided further, That the latter two afore3 mentioned offices shall not be augmented by personnel de4 tails, temporary transfers of personnel on either a reim5 bursable or nonreimbursable basis or any other type of

6 formal or informal transfer or reimbursement of personnel

7 or funds on either a temporary or long-term basis.

8 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

9 MARSHALS SERVICE

10 For activities authorized by section 190001(b) of the

11 Violent Crime Control and Law Enforcement Act of 1994

12 (Public Law 103–322), as amended, $25,553,000, to re13 main available until expended, which shall be derived from

14 the Violent Crime Reduction Trust Fund.

15 FEDERAL PRISONER DETENTION

16 For expenses, related to United States prisoners in

17 the custody of the United States Marshals Service as au18 thorized in 18 U.S.C. 4013, but not including expenses

19 otherwise provided for in appropriations available to the

20 Attorney General, $405,262,000, as authorized by 28

21 U.S.C. 561(i), to remain available until expended.

22 FEES AND EXPENSES OF WITNESSES

23 For expenses, mileage, compensation, and per diems

24 of witnesses, for expenses of contracts for the procurement

25 and supervision of expert witnesses, for private counsel ex26 penses, and for per diems in lieu of subsistence, as author-
12

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1 ized by law, including advances, $75,000,000, to remain

2 available until expended; of which not to exceed

3 $4,750,000 may be made available for planning, construc4 tion, renovations, maintenance, remodeling, and repair of

5 buildings, and the purchase of equipment incident thereto,

6 for protected witness safesites; of which not to exceed

7 $1,000,000 may be made available for the purchase and

8 maintenance of armored vehicles for transportation of pro9 tected witnesses; and of which not to exceed $4,000,000

10 may be made available for the purchase, installation and

11 maintenance of a secure, automated information network

12 to store and retrieve the identities and locations of pro13 tected witnesses.

14 SALARIES AND EXPENSES, COMMUNITY RELATIONS

15 SERVICE

16 For necessary expenses of the Community Relations

17 Service, established by title X of the Civil Rights Act of

18 1964, $5,319,000: Provided, That notwithstanding any

19 other provision of law, upon a determination by the Attor20 ney General that emergent circumstances require addi21 tional funding for conflict prevention and resolution activi22 ties of the Community Relations Service, the Attorney

23 General may transfer such amounts to the Community Re24 lations Service, from available appropriations for the cur25 rent fiscal year for the Department of Justice, as may be

26 necessary to respond to such circumstances: Provided fur-
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1 ther, That any transfer pursuant to this paragraph shall

2 be treated as a reprogramming under section 605 of this

3 Act and shall not be available for obligation or expenditure

4 except in compliance with the procedures set forth in that

5 section.

6 ASSETS FORFEITURE FUND

7 For expenses authorized by 28 U.S.C.

8 524(c)(1)(A)(ii), (B), (F), and (G), as amended,

9 $23,000,000, to be derived from the Department of Jus10 tice Assets Forfeiture Fund.

11 RADIATION EXPOSURE COMPENSATION

12 ADMINISTRATIVE EXPENSES

13 For necessary administrative expenses in accordance

14 with the Radiation Exposure Compensation Act,

15 $2,000,000.

16 PAYMENT TO RADIATION EXPOSURE COMPENSATION

17 TRUST FUND

18 For payments to the Radiation Exposure Compensa19 tion Trust Fund, $4,381,000.

20 INTERAGENCY LAW ENFORCEMENT

21 INTERAGENCY CRIME AND DRUG ENFORCEMENT

22 For necessary expenses for the detection, investiga23 tion, and prosecution of individuals involved in organized

24 crime drug trafficking not otherwise provided for, to in25 clude intergovernmental agreements with State and local

26 law enforcement agencies engaged in the investigation and
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1 prosecution of individuals involved in organized crime drug

2 trafficking, $294,967,000, to remain available until ex3 pended: Provided, That any amounts obligated from ap4 propriations under this heading may be used under au5 thorities available to the organizations reimbursed from

6 this appropriation: Provided further, That any unobligated

7 balances remaining available at the end of the fiscal year

8 shall revert to the Attorney General for reallocation among

9 participating organizations in succeeding fiscal years, sub10 ject to the reprogramming procedures described in section

11 605 of this Act.

12 FEDERAL BUREAU OF INVESTIGATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Bureau of In15 vestigation for detection, investigation, and prosecution of

16 crimes against the United States; including purchase for

17 police-type use of not to exceed 3,094 passenger motor ve18 hicles, of which 2,270 will be for replacement only, without

19 regard to the general purchase price limitation for the cur20 rent fiscal year, and hire of passenger motor vehicles; ac21 quisition, lease, maintenance, and operation of aircraft;

22 and not to exceed $70,000 to meet unforeseen emergencies

23 of a confidential character, to be expended under the di24 rection of, and to be accounted for solely under the certifi25 cate of, the Attorney General; $2,837,268,000, of which
15

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1 not to exceed $50,000,000 for automated data processing

2 and telecommunications and technical investigative equip3 ment and not to exceed $1,000,000 for undercover oper4 ations shall remain available until September 30, 1999;

5 of which not less than $257,601,000 shall be for

6 counterterrorism investigations, foreign counterintel7 ligence, and other activities related to our national secu8 rity; of which not to exceed $84,400,000 for the automa9 tion of fingerprint identification services and related costs

10 and not to exceed $14,000,000 for research and develop11 ment related to investigative activities shall remain avail12 able until expended; and of which not to exceed

13 $10,000,000 is authorized to be made available for making

14 advances for expenses arising out of contractual or reim15 bursable agreements with State and local law enforcement

16 agencies while engaged in cooperative activities related to

17 violent crime, terrorism, organized crime, and drug inves18 tigations; and of which $1,500,000 shall be available to

19 maintain an independent program office dedicated solely

20 to the relocation of the Criminal Justice Information Serv21 ices Division and the automation of fingerprint identifica22 tion services: Provided, That not to exceed $60,000 shall

23 be available for official reception and representation ex24 penses: Provided further, That not to exceed 59 permanent

25 positions and 59 full-time equivalent workyears and
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1 $5,470,000 shall be expended for the Office of Legislative

2 Affairs and Public Affairs: Provided further, That the lat3 ter two aforementioned offices shall not be augmented by

4 personnel details, temporary transfers of personnel on ei5 ther a reimbursable or nonreimbursable basis or any other

6 type of formal or informal transfer or reimbursement of

7 personnel or funds on either a temporary or long-term

8 basis.

9 VIOLENT CRIME REDUCTION PROGRAMS

10 For activities authorized by the Violent Crime Con11 trol and Law Enforcement Act of 1994 (Public Law 103–

12 322) as amended (‘‘the 1994 Act’’), and the Antiterrorism

13 and Effective Death Penalty Act of 1996 (‘‘the

14 Antiterrorism Act’’), $179,121,000, to remain available

15 until expended, which shall be derived from the Violent

16 Crime Reduction Trust Fund; of which $102,127,000

17 shall be for activities authorized by section 190001(c) of

18 the 1994 Act and section 811 of the Antiterrorism Act;

19 $57,994,000 shall be for activities authorized by section

20 190001(b) of the 1994 Act; $4,000,000 shall be for train21 ing and investigative assistance authorized by section

22 210501 of the 1994 Act; $9,500,000 shall be for grants

23 to States, as authorized by section 811(b) of the

24 Antiterrorism Act; and $5,500,000 shall be for establish25 ing DNA quality-assurance and proficiency-testing stand26 ards, establishing an index to facilitate law enforcement
17

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1 exchange of DNA identification information, and related

2 activities authorized by section 210501 of the 1994 Act:

3 Provided, That notwithstanding any other law relating to

4 employee classification, pay, and performance, the Direc5 tor, Federal Bureau of Investigation may, with the ap6 proval of the Attorney General, design and implement a

7 system of personnel management providing for the classi8 fication, pay, and performance of non-Senior Executive

9 Service employees of the Federal Bureau of Investigation.

10 Except as otherwise provided by law, no employee com11 pensated under this system may be paid in excess of the

12 rate of basic pay payable for Level IV of the Executive

13 Schedule. Payments to employees under this system shall

14 be subject to the limitation on payments to General Sched15 ule employees set forth in section 5307 of title 5, United

16 States Code.

17 CONSTRUCTION

18 For necessary expenses to construct or acquire build19 ings and sites by purchase, or as otherwise authorized by

20 law (including equipment for such buildings); conversion

21 and extension of federally-owned buildings; and prelimi22 nary planning and design of projects; $59,006,000, to re23 main available until expended.
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1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Drug Enforcement Ad4 ministration, including not to exceed $70,000 to meet un5 foreseen emergencies of a confidential character, to be ex6 pended under the direction of, and to be accounted for

7 solely under the certificate of, the Attorney General; ex8 penses for conducting drug education and training pro9 grams, including travel and related expenses for partici10 pants in such programs and the distribution of items of

11 token value that promote the goals of such programs; pur12 chase of not to exceed 1,602 passenger motor vehicles, of

13 which 1,410 will be for replacement only, for police-type

14 use without regard to the general purchase price limitation

15 for the current fiscal year; and acquisition, lease, mainte16 nance, and operation of aircraft; $639,265,000, of which

17 not to exceed $1,800,000 for research and $15,000,000

18 for transfer to the Drug Diversion Control Fee Account

19 for operating expenses shall remain available until ex20 pended, and of which not to exceed $4,000,000 for pur21 chase of evidence and payments for information, not to

22 exceed $10,000,000 for contracting for automated data

23 processing and telecommunications equipment, and not to

24 exceed $2,000,000 for laboratory equipment, $4,000,000

25 for technical equipment, and $2,000,000 for aircraft re-
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1 placement, retrofit and parts, shall remain available until

2 September 30, 1999; and of which not to exceed $50,000

3 shall be available for official reception and representation

4 expenses: Provided, That not to exceed 29 permanent posi5 tions and 29 full-time equivalent workyears and

6 $2,134,000 shall be expended for the Office of Legislative

7 Affairs and Public Affairs: Provided further, That the lat8 ter two aforementioned offices shall not be augmented by

9 personnel details, temporary transfers of personnel on ei10 ther a reimbursable or nonreimbursable basis or any other

11 type of formal or informal transfer or reimbursement of

12 personnel or funds on either a temporary or long-term

13 basis.

14 VIOLENT CRIME REDUCTION PROGRAMS

15 For activities authorized by sections 180104 and

16 190001(b) of the Violent Crime Control and Law Enforce17 ment Act of 1994 (Public Law 103–322), as amended,

18 and section 814 of the Antiterrorism and Effective Death

19 Penalty Act of 1996 (Public Law 104–132), and for the

20 purchase of not to exceed 1,602 passenger motor vehicles,

21 of which 1,410 will be for replacement only, for police22 type use without regard to the general purchase price limi23 tation for the current fiscal year, $441,117,000, to remain

24 available until expended, which shall be derived from the

25 Violent Crime Reduction Trust Fund.
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1 CONSTRUCTION

2 For necessary expenses to construct or acquire build3 ings and sites by purchase, or as otherwise authorized by

4 law (including equipment for such buildings); conversion

5 and extension of federally-owned buildings; and prelimi6 nary planning and design of projects; $10,500,000, to re7 main available until expended.

8 IMMIGRATION AND NATURALIZATION SERVICE

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses, not otherwise provided for, necessary

12 for the administration and enforcement of the laws relat13 ing to immigration, naturalization, and alien registration,

14 including not to exceed $50,000 to meet unforeseen emer15 gencies of a confidential character, to be expended under

16 the direction of, and to be accounted for solely under the

17 certificate of, the Attorney General; purchase for police

18 type use (not to exceed 2,574, of which 1,711 are for re19 placement only), without regard to the general purchase

20 price limitation for the current fiscal year, and hire of pas21 senger motor vehicles; acquisition, lease, maintenance and

22 operation of aircraft; research related to immigration en23 forcement; and for the care and housing of Federal detain24 ees held in the joint INS and United States Marshals

25 Service’s Buffalo Detention Facility; $1,430,199,000, of

26 which not to exceed $400,000 for research shall remain
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1 available until expended; of which not to exceed

2 $5,000,000 is for payments or advances arising out of con3 tractual or reimbursable agreements with State and local

4 law enforcement agencies while engaged in cooperative ac5 tivities related to immigration; and of which not to exceed

6 $5,000,000 is to fund or reimburse other Federal agencies

7 for the costs associated with the care, maintenance, and

8 repatriation of smuggled illegal aliens: Provided, That the

9 Attorney General may reallocate to the INS training pro10 gram from other INS programs such amounts as may be

11 necessary for direct expenditure for immigration officer

12 basic training: Provided further, That during fiscal year

13 1998 and each fiscal year thereafter, none of the funds

14 appropriated or otherwise made available to the Immigra15 tion and Naturalization Service may be used to accept,

16 process, or forward to the Federal Bureau of Investiga17 tion, any FD–258 fingerprint card for the purpose of con18 ducting criminal background checks for any benefit under

19 the Immigration and Nationality Act, which has been pre20 pared by, or received from, any individual or entity other

21 than an office of the Immigration and Naturalization

22 Service: Provided further, That none of the funds available

23 to the INS shall be available to pay any employee overtime

24 pay in an amount in excess of $25,000 during the calendar

25 year beginning January 1, 1998, except in such instances
22

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1 when the commissioner determines that enforcing this

2 overtime provision would harm enforcement activities:

3 Provided further, That uniforms may be purchased with4 out regard to the general purchase price limitation for the

5 current fiscal year: Provided further, That not to exceed

6 $5,000 shall be available for official reception and rep7 resentation expenses: Provided further, That the Land

8 Border Fee Pilot Project scheduled to end September 30,

9 1996, is extended hereafter, for projects on both the

10 northern and southern borders of the United States, ex11 cept that no pilot program may implement a universal

12 land border crossing toll: Provided further, That not to ex13 ceed 20 permanent positions, of which not less than 11

14 permanent positions are caseworkers, and 20 full-time

15 equivalent workyears and $1,737,000 shall be expended

16 for the Office of Legislative Affairs and Public Affairs:

17 Provided further, That the latter two aforementioned of18 fices shall not be augmented by personnel details, tem19 porary transfers of personnel on either a reimbursable or

20 nonreimbursable basis or any other type of formal or in21 formal transfer or reimbursement of personnel or funds

22 on either a temporary or long-term basis.

23 VIOLENT CRIME REDUCTION PROGRAMS

24 For activities authorized by sections 130002,

25 130005, 130006, 130007, and 190001(b) of the Violent

26 Crime Control and Law Enforcement Act of 1994 (Public
23

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1 Law 103–322), as amended, and section 813 of the

2 Antiterrorism and Effective Death Penalty Act of 1996

3 (Public Law 104–132), $719,898,000, to remain available

4 until expended, which will be derived from the Violent

5 Crime Reduction Trust Fund.

6 CONSTRUCTION

7 For planning, construction, renovation, equipping,

8 and maintenance of buildings and facilities necessary for

9 the administration and enforcement of the laws relating

10 to immigration, naturalization, and alien registration, not

11 otherwise provided for, $73,559,000, to remain available

12 until expended.

13 FEDERAL PRISON SYSTEM

14 SALARIES AND EXPENSES

15 For expenses necessary for the administration, oper16 ation, and maintenance of Federal penal and correctional

17 institutions, including purchase (not to exceed 834, of

18 which 599 are for replacement only) and hire of law en19 forcement and passenger motor vehicles, and for the provi20 sion of technical assistance and advice on corrections re21 lated issues to foreign governments; $2,933,900,000: Pro22 vided, That the Attorney General may transfer to the

23 Health Resources and Services Administration such

24 amounts as may be necessary for direct expenditures by

25 that Administration for medical relief for inmates of Fed26 eral penal and correctional institutions: Provided further,
24

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1 That the Director of the Federal Prison System (FPS),

2 where necessary, may enter into contracts with a fiscal

3 agent/fiscal intermediary claims processor to determine

4 the amounts payable to persons who, on behalf of the

5 FPS, furnish health services to individuals committed to

6 the custody of the FPS: Provided further, That uniforms

7 may be purchased without regard to the general purchase

8 price limitation for the current fiscal year: Provided fur9 ther, That not to exceed $6,000 shall be available for offi10 cial reception and representation expenses: Provided fur11 ther, That not to exceed $90,000,000 for the activation

12 of new facilities shall remain available until September 30,

13 1999: Provided further, That of the amounts provided for

14 Contract Confinement, not to exceed $20,000,000 shall re15 main available until expended to make payments in ad16 vance for grants, contracts and reimbursable agreements,

17 and other expenses authorized by section 501(c) of the

18 Refugee Education Assistance Act of 1980, as amended,

19 for the care and security in the United States of Cuban

20 and Haitian entrants: Provided further, That notwith21 standing section 4(d) of the Service Contract Act of 1965

22 (41 U.S.C. 353(d)), FPS may enter into contracts and

23 other agreements with private entities for periods of not

24 to exceed 3 years and 7 additional option years for the

25 confinement of Federal prisoners.
25

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1 VIOLENT CRIME REDUCTION PROGRAMS

2 For substance abuse treatment in Federal prisons as

3 authorized by section 32001(e) of the Violent Crime Con4 trol and Law Enforcement Act of 1994 (Public Law 103–

5 322), as amended, $6,135,000, to remain available until

6 expended, which shall be derived from the Violent Crime

7 Reduction Trust Fund.

8 BUILDINGS AND FACILITIES

9 For planning, acquisition of sites and construction of

10 new facilities; leasing the Oklahoma City Airport Trust

11 Facility; purchase and acquisition of facilities and remod12 eling, and equipping of such facilities for penal and correc13 tional use, including all necessary expenses incident there14 to, by contract or force account; and constructing, remod15 eling, and equipping necessary buildings and facilities at

16 existing penal and correctional institutions, including all

17 necessary expenses incident thereto, by contract or force

18 account; $267,833,000, to remain available until ex19 pended, of which not to exceed $14,074,000 shall be avail20 able to construct areas for inmate work programs: Pro21 vided, That labor of United States prisoners may be used

22 for work performed under this appropriation: Provided

23 further, That not to exceed 10 percent of the funds appro24 priated to ‘‘Buildings and Facilities’’ in this Act or any

25 other Act may be transferred to ‘‘Salaries and Expenses’’,

26 Federal Prison System, upon notification by the Attorney
26

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1 General to the Committees on Appropriations of the

2 House of Representatives and the Senate in compliance

3 with provisions set forth in section 605 of this Act: Pro4 vided further, That of the total amount appropriated, not

5 to exceed $2,300,000 shall be available for the renovation

6 and construction of United States Marshals Service pris7 oner-holding facilities.

8 FEDERAL PRISON INDUSTRIES, INCORPORATED

9 The Federal Prison Industries, Incorporated, is here10 by authorized to make such expenditures, within the limits

11 of funds and borrowing authority available, and in accord

12 with the law, and to make such contracts and commit13 ments, without regard to fiscal year limitations as pro14 vided by section 9104 of title 31, United States Code, as

15 may be necessary in carrying out the program set forth

16 in the budget for the current fiscal year for such corpora17 tion, including purchase of (not to exceed five for replace18 ment only) and hire of passenger motor vehicles.

19 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

20 PRISON INDUSTRIES, INCORPORATED

21 Not to exceed $3,042,000 of the funds of the corpora22 tion shall be available for its administrative expenses, and

23 for services as authorized by 5 U.S.C. 3109, to be com24 puted on an accrual basis to be determined in accordance

25 with the corporation’s current prescribed accounting sys26 tem, and such amounts shall be exclusive of depreciation,
27

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1 payment of claims, and expenditures which the said ac2 counting system requires to be capitalized or charged to

3 cost of commodities acquired or produced, including sell4 ing and shipping expenses, and expenses in connection

5 with acquisition, construction, operation, maintenance, im6 provement, protection, or disposition of facilities and other

7 property belonging to the corporation or in which it has

8 an interest.

9 OFFICE OF JUSTICE PROGRAMS

10 JUSTICE ASSISTANCE

11 For grants, contracts, cooperative agreements, and

12 other assistance authorized by title I of the Omnibus

13 Crime Control and Safe Streets Act of 1968, as amended,

14 and the Missing Children’s Assistance Act, as amended,

15 including salaries and expenses in connection therewith,

16 and with the Victims of Crime Act of 1984, as amended,

17 $160,165,000, to remain available until expended, as au18 thorized by section 1001 of title I of the Omnibus Crime

19 Control and Safe Streets Act, as amended by Public Law

20 102–534 (106 Stat. 3524); of which, $25,000,000 is for

21 the National Sexual Offender Registry.

22 For an additional amount, $23,000,000, to remain

23 available until expended; of which $5,000,000 shall be for

24 Local Firefighter and Emergency Services Training

25 Grants as authorized by section 819 of the Antiterrorism
28

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1 and Effective Death Penalty Act of 1996 (‘‘the

2 Antiterrorism Act’’); of which $14,000,000 shall be for de3 velopment of counterterrorism technologies to help State

4 and local law enforcement combat terrorism, as authorized

5 by section 821 of the Antiterrorism Act; and of which

6 $4,000,000 shall be for specialized multi-agency response

7 training.

8 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

9 For grants, contracts, cooperative agreements, and

10 other assistance authorized by part E of title I of the Om11 nibus Crime Control and Safe Streets Act of 1968, as

12 amended, for State and Local Narcotics Control and Jus13 tice Assistance Improvements, notwithstanding the provi14 sions of section 511 of said Act, $451,500,000, to remain

15 available until expended, as authorized by section 1001 of

16 title I of said Act, as amended by Public Law 102–534

17 (106 Stat. 3524), of which $75,000,000 shall be available

18 to carry out the provisions of chapter A of subpart 2 of

19 part E of title I of said Act, for discretionary grants under

20 the Edward Byrne Memorial State and Local Law En21 forcement Assistance Programs, of which $6,200,000 shall

22 be for the National Center for Missing and Exploited Chil23 dren, of which $2,000,000 shall be for National Neighbor24 hood Crime and Drug Abuse Prevention Programs, of

25 which $2,097,000 shall be available to the Executive Of26 fice of United States Attorneys to support the National
29

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1 District Attorneys Association’s participation in legal edu2 cation training at the National Advocacy Center.

3 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

4 LOCAL LAW ENFORCEMENT ASSISTANCE

5 For assistance (including amounts for administrative

6 costs for management and administration, which amounts

7 shall be transferred to and merged with the ‘‘Justice As8 sistance’’ account) authorized by the Violent Crime Con9 trol and Law Enforcement Act of 1994 (Public Law 103–

10 322), as amended (‘‘the 1994 Act’’); the Omnibus Crime

11 Control and Safe Streets Act of 1968, as amended (‘‘the

12 1968 Act’’); and the Victims of Child Abuse Act of 1990,

13 as amended (‘‘the 1990 Act’’); $2,154,650,000, to remain

14 available until expended, which shall be derived from the

15 Violent Crime Reduction Trust Fund; of which

16 $503,000,000 shall be for Local Law Enforcement Block

17 Grants, pursuant to H.R. 728 as passed by the House of

18 Representatives on February 14, 1995: Provided, That for

19 the purpose of eligibility for the Local Law Enforcement

20 Block Grant Program in the State of Louisiana, parish

21 sheriffs and district attorneys are to be considered the unit

22 of local government under section 108 of H.R. 728: Pro23 vided further, That no funds provided under this heading

24 may be used as matching funds for any other Federal

25 grant program: Provided further, That $2,400,000 of this

26 amount shall be for discretionary grants for State and
30

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1 local law enforcement to form specialized cyber units to

2 investigate and prevent child sexual exploitation: Provided

3 further, That $20,000,000 of this amount shall be for

4 Boys and Girls Clubs in public housing facilities and other

5 areas in cooperation with State and local law enforcement:

6 Provided further, That funds may also be used to defray

7 the costs of indemnification insurance for law enforcement

8 officers; of which $45,000,000 shall be for grants to up9 grade criminal records, as authorized by section 106(b)

10 of the Brady Handgun Violence Prevention Act of 1993,

11 as amended, and section 4(b) of the National Child Pro12 tection Act of 1993; of which $128,500,000 shall be avail13 able as authorized by section 1001 of title I of the 1968

14 Act to carry out the provisions of subpart 1, part E of

15 title I of the 1968 Act notwithstanding section 511 of said

16 Act for the Edward Byrne Memorial State and Local Law

17 Enforcement Assistance Programs; of which

18 $350,000,000 shall be for the State Criminal Alien Assist19 ance Program, as authorized by section 242(j) of the Im20 migration and Nationality Act, as amended; of which

21 $740,500,000 shall be for Violent Offender Incarceration

22 and Truth in Sentencing Incentive Grants pursuant to

23 subtitle A of title II of the 1994 Act, of which

24 $150,000,000 shall be available for payments to States for

25 incarceration of criminal aliens, of which $35,000,000
31

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1 shall be available for the Cooperative Agreement Program,

2 and of which $5,000,000 shall be reserved by the Attorney

3 General for fiscal year 1998 under section 20109(a) of

4 subtitle A of title II of the 1994 Act; of which $7,000,000

5 shall be for the Court Appointed Special Advocate Pro6 gram, as authorized by section 218 of the 1990 Act; of

7 which $2,000,000 shall be for Child Abuse Training Pro8 grams for Judicial Personnel and Practitioners, as author9 ized by section 224 of the 1990 Act; of which

10 $160,000,000 shall be for Grants to Combat Violence

11 Against Women, to States, units of local government, and

12 Indian tribal governments, as authorized by section

13 1001(a)(18) of the 1968 Act; of which $59,000,000 shall

14 be for Grants to Encourage Arrest Policies to States, units

15 of local government, and Indian tribal governments, as au16 thorized by section 1001(a)(19) of the 1968 Act; of which

17 $25,000,000 shall be for Rural Domestic Violence and

18 Child Abuse Enforcement Assistance Grants, as author19 ized by section 40295 of the 1994 Act; of which

20 $7,000,000 shall be for training programs to assist proba21 tion and parole officers who work with released sex offend22 ers, as authorized by section 40152(c) of the 1994 Act;

23 of which $1,000,000 shall be for grants for televised testi24 mony, as authorized by section 1001(a)(7) of the 1968

25 Act; of which $2,750,000 shall be for national stalker and
32

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1 domestic violence reduction, as authorized by section

2 40603 of the 1994 Act; of which $61,200,000 shall be for

3 grants for residential substance abuse treatment for State

4 prisoners as authorized by section 1001(a)(17) of the

5 1968 Act; of which $15,000,000 shall be for grants to

6 States and units of local government for projects to im7 prove DNA analysis, as authorized by section 1001(a)(22)

8 of the 1968 Act; of which $900,000 shall be for the Miss9 ing Alzheimer’s Disease Patient Alert Program, as author10 ized by section 240001(c) of the 1994 Act; of which

11 $3,800,000 shall be for Motor Vehicle Theft Prevention

12 Programs, as authorized by section 220002(h) of the 1994

13 Act; of which $40,000,000 shall be for Drug Courts, as

14 authorized by title V of the 1994 Act; of which $1,000,000

15 shall be for Law Enforcement Family Support Programs,

16 as authorized by section 1001(a)(21) of the 1968 Act; and

17 of which $2,000,000 shall be for public awareness pro18 grams addressing marketing scams aimed at senior citi19 zens as authorized by section 250005(3) of the 1994 Act:

20 Provided further, That funds made available in fiscal year

21 1998 under subpart 1 of part E of title I of the 1968

22 Act may be obligated for programs to assist States in the

23 litigation processing of death penalty Federal habeas cor24 pus petitions: Provided further, That section 20105(c) of

25 subtitle A of title II of the 1994 Act (42 U.S.C. 13705(c))
33

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1 is amended to read as follows ‘‘Notwithstanding any other

2 provision of this subtitle, States may use grant funds to

3 build or expand State or local juvenile correctional facili4 ties and boot camps, for violent and non-violent juvenile

5 offenders.

6 WEED AND SEED PROGRAM FUND

7 For necessary expenses, including salaries and relat8 ed expenses of the Executive Office for Weed and Seed,

9 to implement ‘‘Weed and Seed’’ program activities,

10 $33,500,000, which shall be derived from discretionary

11 grants provided under the Edward Byrne Memorial State

12 and Local Law Enforcement Assistance Programs, to re13 main available until expended for intergovernmental

14 agreements, including grants, cooperative agreements, and

15 contracts, with State and local law enforcement agencies

16 engaged in the investigation and prosecution of violent

17 crimes and drug offenses in ‘‘Weed and Seed’’ designated

18 communities, and for either reimbursements or transfers

19 to appropriation accounts of the Department of Justice

20 and other Federal agencies which shall be specified by the

21 Attorney General to execute the ‘‘Weed and Seed’’ pro22 gram strategy: Provided, That funds designated by Con23 gress through language for other Department of Justice

24 appropriation accounts for ‘‘Weed and Seed’’ program ac25 tivities shall be managed and executed by the Attorney

26 General through the Executive Office for Weed and Seed:
34

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1 Provided further, That the Attorney General may direct

2 the use of other Department of Justice funds and person3 nel in support of ‘‘Weed and Seed’’ program activities only

4 after the Attorney General notifies the Committees on Ap5 propriations of the House of Representatives and the Sen6 ate in accordance with section 605 of this Act.

7 COMMUNITY ORIENTED POLICING SERVICES

8 VIOLENT CRIME REDUCTION PROGRAMS

9 For activities authorized by the Violent Crime Con10 trol and Law Enforcement Act of 1994, Public Law 103–

11 322 (‘‘the 1994 Act’’) (including administrative costs),

12 $1,400,000,000, to remain available until expended, which

13 shall be derived from the Violent Crime Reduction Trust

14 Fund, for Public Safety and Community Policing Grants

15 pursuant to title I of the 1994 Act: Provided, That not

16 to exceed 270 permanent positions and 228 full-time

17 equivalent workyears and $24,669,000 shall be expended

18 for program management and administration.

19 In addition, for activities authorized by the 1994 Act,

20 $40,000,000 for the Police Corps program to remain

21 available until expended, which shall be derived from the

22 Violent Crime Reduction Trust Fund.

23 JUVENILE JUSTICE PROGRAMS

24 For grants, contracts, cooperative agreements, and

25 other assistance authorized by the Juvenile Justice and

26 Delinquency Prevention Act of 1974, as amended, includ-
35

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1 ing salaries and expenses in connection therewith to be

2 transferred to and merged with the appropriations for

3 Justice Assistance, $230,922,000, to remain available

4 until expended, as authorized by section 299 of part I of

5 title II, as amended by Public Law 102–586, of which (1)

6 notwithstanding any other provision of law, $5,922,000

7 shall be available for expenses authorized by part A of title

8 II of the Act, $86,500,000 shall be available for expenses

9 authorized by part B of title II of the Act, and

10 $29,500,000 shall be available for expenses authorized by

11 part C of title II of the Act; (2) $12,000,000 shall be avail12 able for expenses authorized by sections 281 and 282 of

13 part D of title II of the Act for prevention and treatment

14 programs relating to juvenile gangs; (3) $10,000,000 shall

15 be available for expenses authorized by section 285 of part

16 E of title II of the Act; (4) $12,000,000 shall be available

17 for expenses authorized by part G of title II of the Act

18 for juvenile mentoring programs; and (5) $75,000,000

19 shall be available for the Anti-Truancy, School Violence

20 and Crime Intervention Program.

21 In addition, for grants, contracts, cooperative agree22 ments, and other assistance authorized by the Victims of

23 Child Abuse Act of 1990, as amended, $4,500,000, to re24 main available until expended, as authorized by sections

25 214B of the Act.
36

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1 JUVENILE BLOCK GRANTS

2 VIOLENT CRIME REDUCTION PROGRAMS

3 For activities of the Juvenile Justice Block Grant

4 Program, $145,000,000, to remain available until ex5 pended, which shall be derived from the Violent Crime Re6 duction Trust Fund: Provided, That none of the funds ap7 propriated or otherwise made available by this Act for

8 ‘‘Juvenile Block Grants’’ may be obligated or expended

9 unless such obligation or expenditure is expressly author10 ized by the enactment of a subsequent Act.

11 PUBLIC SAFETY OFFICERS BENEFITS

12 To remain available until expended, for payments au13 thorized by part L of title I of the Omnibus Crime Control

14 and Safe Streets Act of 1968 (42 U.S.C. 3796), as amend15 ed, such sums as are necessary, as authorized by section

16 6093 of Public Law 100–690 (102 Stat. 4339–4340); and

17 $2,000,000 for the Federal Law Enforcement Education

18 Assistance Program, as authorized by section 1212 of said

19 Act.

20 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

21 SEC. 101. In addition to amounts otherwise made

22 available in this title for official reception and representa23 tion expenses, a total of not to exceed $45,000 from funds

24 appropriated to the Department of Justice in this title

25 shall be available to the Attorney General for official re26 ception and representation expenses in accordance with
37

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1 distributions, procedures, and regulations established by

2 the Attorney General.

3 SEC. 102. Authorities contained in the Department

4 of Justice Appropriation Authorization Act, Fiscal Year

5 1980 (Public Law 96–132, 93 Stat. 1040 (1979)), as

6 amended, shall remain in effect until the termination date

7 of this Act or until the effective date of a Department

8 of Justice Appropriation Authorization Act, whichever is

9 earlier.

10 SEC. 103. None of the funds appropriated by this

11 title shall be available to pay for an abortion, except where

12 the life of the mother would be endangered if the fetus

13 were carried to term, or in the case of rape: Provided,

14 That should this prohibition be declared unconstitutional

15 by a court of competent jurisdiction, this section shall be

16 null and void.

17 SEC. 104. None of the funds appropriated under this

18 title shall be used to require any person to perform, or

19 facilitate in any way the performance of, any abortion.

20 SEC. 105. Nothing in the preceding section shall re21 move the obligation of the Director of the Bureau of Pris22 ons to provide escort services necessary for a female in23 mate to receive such service outside the Federal facility:

24 Provided, That nothing in this section in any way dimin25 ishes the effect of section 104 intended to address the phil-
38

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1 osophical beliefs of individual employees of the Bureau of

2 Prisons.

3 SEC. 106. Notwithstanding any other provision of

4 law, not to exceed $10,000,000 of the funds made avail5 able in this Act may be used to establish and publicize

6 a program under which publicly-advertised, extraordinary

7 rewards may be paid, which shall not be subject to spend8 ing limitations contained in sections 3059 and 3072 of

9 title 18, United States Code: Provided, That any reward

10 of $100,000 or more, up to a maximum of $2,000,000,

11 may not be made without the personal approval of the

12 President or the Attorney General and such approval may

13 not be delegated.

14 SEC. 107. Not to exceed 5 percent of any appropria15 tion made available for the current fiscal year for the De16 partment of Justice in this Act, including those derived

17 from the Violent Crime Reduction Trust Fund, may be

18 transferred between such appropriations, but no such ap19 propriation, except as otherwise specifically provided, shall

20 be increased by more than 10 percent by any such trans21 fers: Provided, That any transfer pursuant to this section

22 shall be treated as a reprogramming of funds under sec23 tion 605 of this Act and shall not be available for obliga24 tion except in compliance with the procedures set forth

25 in that section.
39

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1 SEC. 108. Section 524(c)(8)(E) of title 28, United

2 States Code, is amended by striking the year in the date

3 therein contained and replacing the same with ‘‘1997 and

4 thereafter’’.

5 SEC. 109. The Director, Federal Bureau of Investiga6 tion, is authorized to carry out a 2-year demonstration

7 project showing the viability for the defensive arming of

8 select non-agent personnel: Provided, That the Director,

9 Federal Bureau of Investigation, may authorize to carry

10 firearms not more than 50 non-agent investigative special11 ists assigned to special surveillance groups supporting in12 vestigations, counterintelligence and counterterrorism ac13 tivities: Provided further, That personnel designated under

14 this authority shall meet selection criteria established by

15 the Director, Federal Bureau of Investigation, and suc16 cessfully complete training for firearms proficiency, defen17 sive tactics, and deadly force policy: Provided further, That

18 personnel designated under this authority shall not be

19 deemed law enforcement officers under Title 5, United

20 States Code, for pay, retirement, position classification, or

21 other purposes: Provided further, That the Director, Fed22 eral Bureau of Investigation, shall submit to the Commit23 tees on the Judiciary of both the House and the Senate,

24 by March 31, 1999, a report on the viability of the defen25 sive arming demonstration project along with rec-
40

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1 ommendations for permanent authority for non-agent per2 sonnel or discontinuance of the demonstraton project.

3 SEC. 110. The Immigration and Nationality Act of

4 1952, as amended, is further amended—

5 (a) by striking entirely section 286(s);

6 (b) in section 286(r) by—

7 (1) adding ‘‘, and amount described in sec8 tion 245(i)(3)(b)’’ after ‘‘recovered by the De9 partment of Justice’’ in subsection (2);

10 (2) replacing ‘‘Immigration and Natu11 ralization Service’’ with ‘‘Attorney General’’ in

12 subsection (3); and

13 (3) striking subsection (4), and replacing it

14 with, ‘‘The amounts required to be refunded

15 from the Fund for fiscal year 1998 and there16 after shall be refunded in accordance with esti17 mates made in the budget request of the Presi18 dent for those fiscal years. Any proposed

19 changes in the amounts designated in such

20 budget requests shall only be made after Con21 gressional reprogramming notification in ac22 cordance with the reprogramming guidelines for

23 the applicable fiscal year.’’; and

24 (c) in section 245(i)(3)(B), by replacing ‘‘Immi25 gration Detention Account established under section
41

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1 286(s)’’ with ‘‘Breached Bond/Detention Fund es2 tablished under section 286(r)’’.

3 SEC. 111. Section 506(c) of the Departments of Com4 merce, Justice, and State, the Judiciary, and Related

5 Agencies Appropriations Act, 1995 (8 U.S.C. 1182 note,

6 1255 note) is amended by deleting everything after

7 ‘‘1994’’.

8 SEC. 112. (a) SHORT TITLE.—This section may be

9 cited as the ‘‘Philippine Army, Scouts, and Guerilla Veter10 ans of World War II Naturalization Act of 1997’’.

11 (b) IN GENERAL.—Section 405 of the Immigration

12 and Nationality Act of 1990 (8 U.S.C. 1440 note) is

13 amended—

14 (1) by striking subparagraph (B) of subsection

15 (a)(1) and inserting the following:

16 ‘‘(B) who—

17 ‘‘(i) is listed on the final roster pre18 pared by the Recovered Personnel Division

19 of the United States Army of those who

20 served honorably in an active duty status

21 within the Philippine Army during the

22 World War II occupation and liberation of

23 the Philippines,

24 ‘‘(ii) is listed on the final roster pre25 pared by the Guerilla Affairs Division of
42

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1 the United States Army of those who re2 ceived recognition as having served honor3 ably in an active duty status within a rec4 ognized guerilla unit during the World

5 War II occupation and liberation of the

6 Philippines, or

7 ‘‘(iii) served honorably in an active

8 duty status within the Philippine Scouts or

9 within any other component of the United

10 States Armed Forces in the Far East

11 (other than a component described in

12 clause (i) or (ii)) at any time during the

13 period beginning September 1, 1939, and

14 ending December 31, 1946:’’;

15 (2) by adding at the end of subsection (a) the

16 following new paragraph:

17 ‘‘(3)(A) For purposes of the second sentence of

18 section 329(a) and section 329(b)(3) of the Immi19 gration and Nationality Act, the executive depart20 ment under which a person served shall be—

21 ‘‘(i) in the case of an applicant claiming to

22 have served in the Philippine Army, the United

23 States Department of the Army;

24 ‘‘(ii) in the case of an applicant claiming to

25 have served in a recognized guerilla unit, the
43

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1 United States Department of the Army or, in

2 the event the Department of the Army has no

3 record of military service of such applicant, the

4 General Headquarters of the Armed Forces of

5 the Philippines; or

6 ‘‘(iii) in the case of an applicant claiming

7 to have served in the Philippine Scouts or any

8 other component of the United States Armed

9 Forces in the Far East (other than a compo10 nent described in clause (i) or (ii)) at any time

11 during the period beginning September 1, 1939,

12 and ending December 31, 1946, the United

13 States executive department (or successor

14 thereto) that exercised supervision over such

15 component.

16 ‘‘(B) An executive department specified in sub17 paragraph (A) may not make a determination under

18 the second sentence of section 329(a) with respect to

19 the service or separation from service of a person de20 scribed in paragraph (1) except pursuant to a re21 quest from the Service.’’; and

22 (3) by adding at the end the following new sub23 section:
44

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1 ‘‘(d) IMPLEMENTATION.—(1) Notwithstanding any

2 other provision of law, for purposes of the naturalization

3 of natives of the Philippines under this section—

4 ‘‘(A) the processing of applications for natu5 ralization, filed in accordance with the provisions of

6 this section, including necessary interviews, shall be

7 conducted in the Philippines by employees of the

8 Service designated pursuant to section 335(b) of the

9 Immigration and Nationality Act; and

10 ‘‘(B) oaths of allegiance for applications for

11 naturalization under this section shall be adminis12 tered in the Philippines by employees of the Service

13 designated pursuant to section 335(b) of that Act.

14 ‘‘(2) Notwithstanding paragraph (1), applications for

15 naturalization, including necessary interviews, may con16 tinue to be processed, and oaths of allegiance may con17 tinue to be taken in the United States.’’.

18 (c) REPEAL.—Section 113 of the Departments of

19 Commerce, Justice, and State, the Judiciary, and Related

20 Agencies Appropriations Act, 1993 (8 U.S.C. 1440 note),

21 is repealed.

22 (d) EFFECTIVE DATE; TERMINATION DATE.—

23 (1) APPLICATION TO PENDING APPLICA24 TIONS.—The amendments made by subsection (b)
45

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1 shall apply to applications filed before February 3,

2 1995.

3 (2) TERMINATION DATE.—The authority pro4 vided by the amendments made by subsection (b)

5 shall expire February 3, 2001.

6 SEC. 113. (a) Section 101(a)(27)(J) of the Immigra7 tion and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is

8 amended to read as follows:

9 ‘‘(J) an immigrant—

10 ‘‘(i) who is present in the United

11 States without having been admitted or pa12 roled, or who has been paroled into the

13 United States by the Attorney General spe14 cifically for the purpose of obtaining spe15 cial immigrant status pursuant to this sub16 paragraph;

17 ‘‘(ii)(I) who has been declared depend18 ent on a juvenile court located in the Unit19 ed States if the dependency order is issued

20 pursuant to a request made on behalf of

21 the alien, the court notifies the Attorney

22 General of the request for the order, and

23 the Attorney General expressly consents to

24 the court hearing the request; or
46

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1 ‘‘(II) whom the juvenile court has le2 gally committed to, or placed under the

3 custody of, an agency or department of a

4 State and who has been deemed eligible by

5 that court for long-term foster care, except

6 that while the alien is in the actual or con7 structive custody of the Attorney General,

8 the court shall have jurisdiction to deter9 mine the custody status of the alien only if

10 the Attorney General expressly consents to

11 that jurisdiction; and

12 ‘‘(iii) for whom it has been determined

13 in administrative or judicial proceedings

14 that it would not be in the alien’s best in15 terest to be returned to the alien’s or par16 ent’s previous country of nationality or

17 country of last habitual residence; except

18 that no natural parent or prior adoptive

19 parent of any alien provided special immi20 grant status under this subparagraph shall

21 thereafter, by virtue of such parentage, be

22 accorded any right, privilege, or status

23 under this Act.’’.

24 (b) ADJUSTMENT OF STATUS.—Section 245(h) of the

25 Immigration and Nationality Act (8 U.S.C. 1255(h)) is
47

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1 amended by striking the period at the end and inserting

2 the following: ‘‘, unless the alien was paroled into the

3 United States by the Attorney General specifically in order

4 to apply for such special immigrant status. Nothing in this

5 subsection or section 101(a)(27)(J) shall be construed to

6 require the Attorney General to parole into the United

7 States any alien specifically for this purpose.’’.

8 SEC. 114. (a) Section 1402 of the Victims of Crime

9 Act of 1984, (42 U.S.C. 10601), is amended in subsection

10 (d) by—

11 (1) replacing ‘‘judicial branch administrative

12 costs; grant program percentages’’ in the heading

13 with ‘‘grant programs’’;

14 (2) striking paragraph (1);

15 (3) replacing ‘‘the next’’ in paragraph (2) with

16 ‘‘The first’’; and

17 (4) redesignating paragraphs (2) through (4) as

18 paragraphs (1) through (3), respectively.

19 (b) Any unobligated sums hitherto available to the

20 judicial branch pursuant to the paragraph repealed by sec21 tion (a) shall be deemed to be deposits into the Crime Vic22 tims Fund as of the effective date hereof and may be used

23 by the Director of the Office for Victims of Crime to im24 prove services for the benefit of crime victims, including

25 the processing and tracking of criminal monetary penalties
48

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1 and related litigation activities, in the federal criminal jus2 tice system.

3 SEC. 115. Not to exceed $200,000 of funds appro4 priated under section 1304 of title 31, United States Code,

5 shall be available for payment pursuant to the Hearing

6 Officer’s Report in United States Court of Federal Claims

7 No. 93–645X (June 3, 1996) (see 35 Fed. Cl. 99 (March

8 7, 1996)).

9 SEC. 116. (a) IN GENERAL.—Section 170101(a) of

10 the Violent Crime Control and Law Enforcement Act of

11 1994 (42 U.S.C. 14071(a)) is amended—

12 (1) in paragraph (1)—

13 (A) in subparagraph (A), by striking ‘‘with

14 a designated State law enforcement agency’’;

15 and

16 (B) in subparagraph (B), by striking ‘‘with

17 a designated State law enforcement agency’’;

18 and

19 (2) by striking paragraph (2), and inserting the

20 following:

21 ‘‘(2) DETERMINATION BY STATE BOARDS.—

22 ‘‘(A) IN GENERAL.—A determination that

23 a person is a sexually violent predator or a de24 termination that a person is no longer a sexu25 ally violent predator for purposes of this section
49

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1 shall be made by the sentencing court, after

2 considering—

3 ‘‘(i) the recommendations of the ap4 propriate State board or boards under sub5 paragraph (B)(iii); or

6 ‘‘(ii) with respect to a State described

7 in subparagraph (C), the recommendations

8 of the State, which shall be made in ac9 cordance with the procedures described in

10 that subparagraph.

11 ‘‘(B) STATE BOARDS.—

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in subparagraph (C), not later than

14 2 years after the date of enactment of the

15 Jacob Wetterling Crimes Against Children

16 and Sexually Violent Offenders Registra17 tion Improvements Act of 1997, each State

18 shall establish 1 or more State boards in

19 accordance with this subparagraph.

20 ‘‘(ii) MEMBERSHIP.—Each State

21 board established under this subparagraph

22 shall be composed of—

23 ‘‘(I) experts in the behavior and

24 treatment of sex offenders;
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1 ‘‘(II) victims’ rights advocates;

2 and

3 ‘‘(III) representatives of law en4 forcement agencies.

5 ‘‘(iii) RECOMMENDATIONS.—Upon the

6 request of a sentencing court, a State

7 board established under this subparagraph

8 shall make a recommendation to the sen9 tencing court regarding whether a person

10 is a sexually violent predator or whether a

11 person is no longer a sexually violent pred12 ator for purposes of this section.

13 ‘‘(C) WAIVER.—The Attorney General of

14 the United States may waive the requirement

15 that a State establish 1 or more boards in ac16 cordance with subparagraph (B), if the State

17 demonstrates to the satisfaction of the Attorney

18 General that the State—

19 ‘‘(i) has established alternative proce20 dures for making recommendations to a

21 sentencing court for purposes of subpara22 graph (A); and

23 ‘‘(ii) will make a recommendation de24 scribed in clause (i) with respect to any
51

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1 person, upon the request of the sentencing

2 court.’’.

3 (b) REQUIREMENTS UPON RELEASE, PAROLE, SU4 PERVISED RELEASE, OR PROBATION.—Section 170101(b)

5 of the Violent Crime Control and Law Enforcement Act

6 of 1994 (42 U.S.C. 14071(b)) is amended—

7 (1) in paragraph (1)—

8 (A) by striking the paragraph designation

9 and heading and inserting the following:

10 ‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’;

11 (B) in subparagraph (A)—

12 (i) in the matter preceding clause (i),

13 by striking ‘‘or in the case of probation,

14 the court’’ and inserting ‘‘a designated

15 State agency, the court, or other respon16 sible official’’;

17 (ii) in clause (ii), by striking ‘‘give’’

18 and all that follows before the semicolon

19 and inserting ‘‘report the change of ad20 dress as provided by State law’’; and

21 (iii) in clause (iii), by striking ‘‘shall

22 register’’ and all that follows before the

23 semicolon and inserting ‘‘shall report the

24 change of address as provided by State law
52

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1 and comply with any registration require2 ment in the new State of residence’’; and

3 (C) in subparagraph (B), by striking ‘‘or

4 the court’’ and inserting ‘‘, the designated State

5 agency, the court, or other responsible official’’;

6 (2) by striking paragraph (2) and inserting the

7 following:

8 ‘‘(2) TRANSFER OF INFORMATION TO FEDERAL

9 BUREAU OF INVESTIGATION AND TO STATE.—

10 ‘‘(A) IN GENERAL.—A designated State

11 agency, the court, or other responsible official,

12 shall forward the registration information to the

13 agency responsible for registration under State

14 law, in accordance with State procedures that

15 meet the requirements of subparagraph (B).

16 ‘‘(B) STATE PROCEDURES.—State proce17 dures shall ensure that, as promptly as prac18 ticable—

19 ‘‘(i) the registration information is

20 provided and made available to a law en21 forcement agency having jurisdiction where

22 the person expects to reside;

23 ‘‘(ii) the registration information is

24 entered into the appropriate State records

25 or data system; and
53

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1 ‘‘(iii) conviction data and fingerprints

2 for registered persons are transmitted to

3 the Federal Bureau of Investigation.’’;

4 (3) in paragraph (3)(A)—

5 (A) in the matter preceding clause (i), by

6 inserting after ‘‘(a)(1)’’ the following: ‘‘with re7 spect to any person required to register under

8 subsection (a)(1)(A), State procedures shall

9 provide for verification of address not less than

10 annually. Such verification may be effected by

11 providing that,’’;

12 (B) in clause (i), by striking ‘‘The des13 ignated State law enforcement’’ and inserting

14 ‘‘A designated’’;

15 (C) in clause (ii), by striking ‘‘State law

16 enforcement’’;

17 (D) in clause (iii), by striking ‘‘to the des18 ignated State law enforcement agency’’; and

19 (E) in clause (iv), by striking ‘‘State law

20 enforcement’’;

21 (4) in paragraph (4), by striking ‘‘section re22 ported’’ and all that follows before the period at the

23 end and inserting ‘‘section shall be reported by the

24 person in the manner provided by State law. State

25 procedures shall ensure that the updated address in-
54

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1 formation is provided promptly to a law enforcement

2 agency having jurisdiction over the location at which

3 the person will reside and that the information is en4 tered into the appropriate State records or data sys5 tem’’;

6 (5) in paragraph (5), by striking ‘‘shall reg7 ister’’ and all that follows before the period at the

8 end and inserting ‘‘and who moves to another State,

9 shall report the change of address to the responsible

10 agency in the State the person is leaving, and shall

11 comply with any registration requirement in the new

12 State of residence. The procedures of the State the

13 person is leaving shall ensure that notice is provided

14 promptly to an agency responsible for registration in

15 the new State, if that State requires registration’’;

16 and

17 (6) by adding at the end the following:

18 ‘‘(7) OFFENDERS CROSSING STATE BORDERS.—

19 ‘‘(A) IN GENERAL.—

20 ‘‘(i) REGISTRATION UNDER LAWS OF

21 CERTAIN STATES.—Any person who is re22 quired to register in that person’s State of

23 residence under this section shall also reg24 ister in accordance with the law that gov25 erns the registration, verification, and noti-
55

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1 fication of sex offenders of each State in

2 which that person is—

3 ‘‘(I) employed or carries on a vo4 cation; or

5 ‘‘(II) enrolled as a student.

6 ‘‘(ii) DEFINITIONS.—In this subpara7 graph—

8 ‘‘(I) the term ‘employed or car9 ries on a vocation’ includes employ10 ment that is full-time or part-time, for

11 a period of time exceeding 14 days or

12 for an aggregate period of time ex13 ceeding 30 days during any calendar

14 year, whether financially compensated,

15 volunteered, or for the purpose of gov16 ernment or educational benefit; and

17 ‘‘(II) the term ‘student’ includes

18 any person who is enrolled on a full19 or part-time basis, in any public or

20 private educational institution, includ21 ing any secondary school, trade or

22 professional institution, or institution

23 of higher education.

24 ‘‘(B) NOTIFICATION REQUIREMENTS.—The

25 State authority responsible for the registration
56

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1 of sex offenders in each State shall ensure that

2 each person who is required to register under

3 this paragraph is notified of the requirements

4 of this paragraph and the potential con5 sequences of a failure to comply with those re6 quirements.

7 ‘‘(8) RELOCATING STATE PROBATIONERS AND

8 PAROLEES.—

9 ‘‘(A) IN GENERAL.—Notwithstanding any

10 conflicting terms of a probation, parole, or

11 transfer agreement, any person who is serving

12 a sentence of probation, parole, or other super13 vised release for conviction of an offense that

14 requires registration under this section, and

15 who is residing in any State other than the

16 State in which that person was sentenced for

17 that offense, shall register in accordance with

18 the law of the State of residence of the offender

19 that governs the registration and notification of

20 sex offenders, regardless of any registration or

21 notification obligation under the law of the

22 State in which that person was sentenced for

23 the offense.

24 ‘‘(B) EFFECT OF FAILURE TO COMPLY.—

25 A person required to register under subpara-
57

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1 graph (A) who knowingly fails to comply with

2 this paragraph, not later than 10 days after the

3 date on which the person establishes residence

4 in a State other than the State in which the

5 person was sentenced as described in subpara6 graph (A)—

7 ‘‘(i) shall be subject to punishment by

8 a State with respect to which the person is

9 registered under subparagraph (A); and

10 ‘‘(ii) shall be guilty of an extraditable

11 offense, for which a Federal warrant for

12 unlawful flight to avoid prosecution is

13 available.

14 ‘‘(C) NOTIFICATION REQUIREMENTS.—

15 Each State authority responsible for the reg16 istration of sex offenders who reside in that

17 State—

18 ‘‘(i) shall ensure, during the course of

19 verification of registration information,

20 that each person who is required to reg21 ister under this paragraph is notified of

22 the requirements of this paragraph and the

23 potential consequences of a failure to com24 ply with those requirements; and
58

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1 ‘‘(ii) whether the relocation of a sex

2 offender described in this paragraph occurs

3 under courtesy supervision or otherwise,

4 shall—

5 ‘‘(I) notify the authority respon6 sible for sex offender registration and

7 notification in the State of relocation

8 of the pending arrival of the offender

9 in that State of relocation; and

10 ‘‘(II) provide the authority re11 sponsible for sex offender registration

12 and notification in the State of reloca13 tion with information relating to the

14 sex offender, including—

15 ‘‘(aa) the social security

16 number, physical description,

17 criminal record, terms of super18 vision, and any alias of the sex

19 offender; and

20 ‘‘(bb) the address, telephone

21 number, and any place of em22 ployment of the sex offender in

23 the State of relocation.

24 ‘‘(9) REPORTING REQUIREMENT.—Not later

25 than July 1, 1999, a State shall submit a report to
59

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1 the Attorney General that sets forth existing or pro2 posed laws, including penalty provisions, regarding

3 stalking crimes against individuals 16 years of age

4 or younger.’’.

5 (c) RELEASE OF INFORMATION.—Section

6 170101(d)(3) of the Violent Crime Control and Law En7 forcement Act of 1994 (42 U.S.C. 14071(d)(3)) is amend8 ed—

9 (1) by striking ‘‘the designated’’ and all that

10 follows through ‘‘State agency’’ and inserting ‘‘the

11 State or any agency authorized by the State’’;

12 (2) by inserting ‘‘to be disclosed only for crimi13 nal justice purposes’’ after ‘‘private data’’; and

14 (3) by adding at the end the following: ‘‘The

15 sale or exchange of such information for profit or re16 muneration is prohibited and shall be subject to

17 prosecution under State law.’’.

18 (d) IMMUNITY FOR GOOD FAITH CONDUCT.—Section

19 170101(e) of the Violent Crime Control and Law Enforce20 ment Act of 1994 (42 U.S.C. 14071(e)) is amended by

21 striking ‘‘and State officials’’ and inserting ‘‘independent

22 contractors acting at the direction of those agencies, and

23 State officials’’.

24 (e) FEDERAL OFFENDERS AND MILITARY PERSON25 NEL.—Section 170102(g)(3) of the Violent Crime Control
60

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1 and Law Enforcement Act of 1994 (42 U.S.C.

2 14072(g)(3)) is amended—

3 (1) by redesignating subparagraphs (A) and

4 (B) as clauses (i) and (ii) and indenting each clause

5 2 ems to the right;

6 (2) by striking ‘‘A person’’ and inserting the

7 following:

8 ‘‘(A) IN GENERAL.—A person’’; and

9 (3) by adding at the end the following:

10 ‘‘(B) FEDERAL OFFENDERS.—

11 ‘‘(i) IN GENERAL.—A person who is

12 released from prison, or placed on parole,

13 supervised release, or probation—

14 ‘‘(I) who is convicted under Fed15 eral law of—

16 ‘‘(aa) a criminal offense

17 against a victim who is a minor;

18 or

19 ‘‘(bb) a sexually violent of20 fense; or

21 ‘‘(II) who has been determined to

22 be a sexually violent predator,

23 shall, in addition to complying with the

24 registration requirement in paragraph (2),
61

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1 register in accordance with the law of the

2 State of residence of that person.

3 ‘‘(ii) NOTIFICATION REQUIRE4 MENTS.—The Director of the Bureau of

5 Prisons shall ensure that each person who

6 is required to register under this subpara7 graph is notified of the requirements of

8 this subparagraph and the potential con9 sequences of a failure to comply with those

10 requirements.

11 ‘‘(C) MILITARY PERSONNEL.—

12 ‘‘(i) IN GENERAL.—

13 ‘‘(I) REGISTRATION UNDER LAWS

14 OF STATE OF RESIDENCE.—A member

15 of the Armed Forces of the United

16 States who has—

17 ‘‘(aa) been convicted of a

18 criminal offense against a victim

19 who is a minor;

20 ‘‘(bb) been convicted of a

21 sexually violent offense; or

22 ‘‘(cc) been determined to be

23 a sexually violent predator,

24 by a court of the United States, a

25 court of a State, or a court-martial
62

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1 under the Uniform Code of Military

2 Justice, shall register with the entities

3 referred to in subclause (II).

4 ‘‘(II) ENTITIES.—The entities re5 ferred to in this subclause are—

6 ‘‘(aa) the FBI; and

7 ‘‘(bb) the State of residence

8 of the member, and if different

9 from the State of residence, the

10 State in which the member is

11 permanently assigned.

12 ‘‘(III) DETERMINATION OF

13 STATE OF RESIDENCE.—For purposes

14 of subclause (II)(bb), the State of res15 idence of a member of the Armed

16 Forces of the United States is—

17 ‘‘(aa) in the case of a mem18 ber whose permanent duty sta19 tion is in a State (including such

20 a member who resides on a mili21 tary installation or is serving

22 aboard a vessel at sea), the State

23 where the member resides when24 ever the member is present at

25 that permanent duty station; and
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1 ‘‘(bb) in the case of a mem2 ber whose permanent duty sta3 tion is outside the United States,

4 the State of the member’s home

5 of record (as determined under

6 regulations prescribed by the

7 Secretary of the military depart8 ment concerned).

9 ‘‘(ii) EFFECT OF FAILURE TO COM10 PLY.—A person who is required to register

11 under this subparagraph and who know12 ingly fails to comply with this section may

13 be punished—

14 ‘‘(I) under section 170102(i)(1);

15 ‘‘(II) under the Uniform Code of

16 Military Justice; or

17 ‘‘(III) in accordance with the ap18 plicable laws of the State with respect

19 to which that person is registered.

20 ‘‘(iii) NOTIFICATION REQUIRE21 MENTS.—The Secretary of Defense shall

22 ensure that each member of the Armed

23 Forces of the United States who is re24 quired to register under this paragraph is

25 notified of the requirements of this para-
64

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1 graph and the potential consequences of a

2 failure to comply with those require3 ments.’’.

4 (f) SENSE OF SENATE.—It is the sense of the Senate

5 that each State should have in effect a law that makes

6 it a crime to stalk an individual under the age of 16 with7 out requiring that such individual be physically harmed

8 before a stalker is restrained or punished.

9 SEC. 117. (a) IN GENERAL.—Section 610(b) of the

10 Departments of Commerce, Justice, and State, the Judici11 ary, and Related Agencies Appropriations Act, 1993 (8

12 U.S.C. 1153; Public Law 102–395) is amended—

13 (1) by striking ‘‘300’’ and inserting ‘‘3,000’’;

14 and

15 (2) by striking ‘‘five years’’ and inserting

16 ‘‘seven years’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a)(2) shall be deemed to have become effective

19 on October 6, 1992.

20 SEC. 118. The Director of the United States Mar21 shals Service shall provide a magnetometer and not less

22 than one qualified guard at each entrance to the real prop23 erty (including offices, buildings, and related grounds and

24 facilities) that is leased to the United States as a place
65

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1 of employment for Federal employees at 625 Silver, S.W.,

2 in Albuquerque, New Mexico.

3 SEC. 119. Section 203(p)(1) of the Federal Property

4 and Administrative Services Act of 1949 (40 U.S.C.

5 484(p)(1)) is amended in the first sentence by striking out

6 ‘‘required’’ and all that follows through ‘‘as approved by

7 the Attorney General’’ and inserting in lieu thereof ‘‘need8 ed for use by the transferee or grantee for a law enforce9 ment or fire and rescue purpose’’.

10 This title may be cited as the ‘‘Department of Justice

11 Appropriations Act, 1998’’.

12 TITLE II—DEPARTMENT OF COMMERCE AND

13 RELATED AGENCIES

14 TRADE AND INFRASTRUCTURE DEVELOPMENT

15 RELATED AGENCIES

16 OFFICE OF THE UNITED STATES TRADE

17 REPRESENTATIVE

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of the United

20 States Trade Representative, including the hire of pas21 senger motor vehicles and the employment of experts and

22 consultants as authorized by 5 U.S.C. 3109, $22,092,000,

23 of which $2,500,000 shall remain available until expended:

24 Provided, That not to exceed $98,000 shall be available

25 for official reception and representation expenses.
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1 INTERNATIONAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the International Trade

4 Commission, including hire of passenger motor vehicles,

5 and services as authorized by 5 U.S.C. 3109, and not to

6 exceed $2,500 for official reception and representation ex7 penses, $41,000,000 to remain available until expended.

8 DEPARTMENT OF COMMERCE

9 INTERNATIONAL TRADE ADMINISTRATION

10 OPERATIONS AND ADMINISTRATION

11 For necessary expenses for international trade activi12 ties of the Department of Commerce provided for by law,

13 and engaging in trade promotional activities abroad, in14 cluding expenses of grants and cooperative agreements for

15 the purpose of promoting exports of United States firms,

16 without regard to 44 U.S.C. 3702 and 3703; full medical

17 coverage for dependent members of immediate families of

18 employees stationed overseas and employees temporarily

19 posted overseas; travel and transportation of employees of

20 the United States and Foreign Commercial Service be21 tween two points abroad, without regard to 49 U.S.C.

22 1517; employment of Americans and aliens by contract for

23 services; rental of space abroad for periods not exceeding

24 ten years, and expenses of alteration, repair, or improve25 ment; purchase or construction of temporary demountable
67

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1 exhibition structures for use abroad; payment of tort

2 claims, in the manner authorized in the first paragraph

3 of 28 U.S.C. 2672 when such claims arise in foreign coun4 tries; not to exceed $327,000 for official representation

5 expenses abroad; purchase of passenger motor vehicles for

6 official use abroad, not to exceed $30,000 per vehicle; ob7 tain insurance on official motor vehicles; and rent tie lines

8 and teletype equipment; $280,736,000, to remain avail9 able until expended: Provided, That the provisions of the

10 first sentence of section 105(f) and all of section 108(c)

11 of the Mutual Educational and Cultural Exchange Act of

12 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car13 rying out these activities without regard to section 5412

14 of the Omnibus Trade and Competitiveness Act of 1988

15 (15 U.S.C. 4912); and that for the purpose of this Act,

16 contributions under the provisions of the Mutual Edu17 cational and Cultural Exchange Act shall include payment

18 for assessments for services provided as part of these ac19 tivities.

20 EXPORT ADMINISTRATION

21 OPERATIONS AND ADMINISTRATION

22 For necessary expenses for export administration and

23 national security activities of the Department of Com24 merce, including costs associated with the performance of

25 export administration field activities both domestically and
68

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1 abroad; full medical coverage for dependent members of

2 immediate families of employees stationed overseas; em3 ployment of Americans and aliens by contract for services

4 abroad; rental of space abroad for periods not exceeding

5 ten years, and expenses of alteration, repair, or improve6 ment; payment of tort claims, in the manner authorized

7 in the first paragraph of 28 U.S.C. 2672 when such claims

8 arise in foreign countries; not to exceed $15,000 for offi9 cial representation expenses abroad; awards of compensa10 tion to informers under the Export Administration Act of

11 1979, and as authorized by 22 U.S.C. 401(b); purchase

12 of passenger motor vehicles for official use and motor vehi13 cles for law enforcement use with special requirement vehi14 cles eligible for purchase without regard to any price limi15 tation otherwise established by law; $43,126,000, to re16 main available until expended: Provided, That the provi17 sions of the first sentence of section 105(f) and all of sec18 tion 108(c) of the Mutual Educational and Cultural Ex19 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

20 apply in carrying out these activities: Provided further,

21 That payments and contributions collected and accepted

22 for materials or services provided as part of such activities

23 may be retained for use in covering the cost of such activi24 ties, and for providing information to the public with re25 spect to the export administration and national security
69

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1 activities of the Department of Commerce and other ex2 port control programs of the United States and other gov3 ernments.

4 ECONOMIC DEVELOPMENT ADMINISTRATION

5 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

6 For grants for economic development assistance as

7 provided by the Public Works and Economic Development

8 Act of 1965, as amended, Public Law 91–304, and such

9 laws that were in effect immediately before September 30,

10 1982, and for trade adjustment assistance, $250,000,000:

11 Provided, That none of the funds appropriated or other12 wise made available under this heading may be used di13 rectly or indirectly for attorneys’ or consultants’ fees in

14 connection with securing grants and contracts made by

15 the Economic Development Administration: Provided fur16 ther, That, notwithstanding any other provision of law, the

17 Secretary of Commerce may provide financial assistance

18 for projects to be located on military installations closed

19 or scheduled for closure or realignment to grantees eligible

20 for assistance under the Public Works and Economic De21 velopment Act of 1965, as amended, without it being re22 quired that the grantee have title or ability to obtain a

23 lease for the property, for the useful life of the project,

24 when in the opinion of the Secretary of Commerce, such

25 financial assistance is necessary for the economic develop-
70

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1 ment of the area: Provided further, That the Secretary of

2 Commerce may, as the Secretary considers appropriate,

3 consult with the Secretary of Defense regarding the title

4 to land on military installations closed or scheduled for

5 closure or realignment.

6 SALARIES AND EXPENSES

7 For necessary expenses of administering the eco8 nomic development assistance programs as provided for by

9 law, $22,028,000: Provided, That these funds may be used

10 to monitor projects approved pursuant to title I of the

11 Public Works Employment Act of 1976, as amended, title

12 II of the Trade Act of 1974, as amended, and the Commu13 nity Emergency Drought Relief Act of 1977.

14 MINORITY BUSINESS DEVELOPMENT AGENCY

15 MINORITY BUSINESS DEVELOPMENT

16 For necessary expenses of the Department of Com17 merce in fostering, promoting, and developing minority

18 business enterprise, including expenses of grants, con19 tracts, and other agreements with public or private organi20 zations, $27,811,000.

21 ECONOMIC AND INFORMATION INFRASTRUCTURE

22 ECONOMIC AND STATISTICAL ANALYSIS

23 SALARIES AND EXPENSES

24 For necessary expenses, as authorized by law, of eco25 nomic and statistical analysis programs of the Department
71

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1 of Commerce, $47,917,000, to remain available until Sep2 tember 30, 1999.

3 ECONOMICS AND STATISTICS ADMINISTRATION

4 REVOLVING FUND

5 The Secretary of Commerce is authorized to dissemi6 nate economic and statistical data products as authorized

7 by sections 1, 2, and 4 of Public Law 91–412 (15 U.S.C.

8 1525–1527) and, notwithstanding section 5412 of the

9 Omnibus Trade and Competitiveness Act of 1988 (15

10 U.S.C. 4912), charge fees necessary to recover the full

11 costs incurred in their production. Notwithstanding 31

12 U.S.C. 3302, receipts received from these data dissemina13 tion activities shall be credited to this account, to be avail14 able for carrying out these purposes without further ap15 propriation.

16 BUREAU OF THE CENSUS

17 SALARIES AND EXPENSES

18 For expenses necessary for collecting, compiling, ana19 lyzing, preparing, and publishing statistics, provided for

20 by law, $138,056,000.

21 PERIODIC CENSUSES AND PROGRAMS

22 For expenses necessary to collect and publish statis23 tics for periodic censuses and programs provided for by

24 law, $520,726,000, to remain available until expended.
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1 NATIONAL TELECOMMUNICATIONS AND INFORMATION

2 ADMINISTRATION

3 SALARIES AND EXPENSES

4 For necessary expenses, as provided for by law, of

5 the National Telecommunications and Information Ad6 ministration (NTIA), $16,574,000, to remain available

7 until expended: Provided, That notwithstanding 31 U.S.C.

8 1535(d), the Secretary of Commerce shall charge Federal

9 agencies for costs incurred in spectrum management,

10 analysis, and operations, and related services and such

11 fees shall be retained and used as offsetting collections for

12 costs of such spectrum services, to remain available until

13 expended: Provided further, That hereafter, notwithstand14 ing any other provision of law, NTIA shall not authorize

15 spectrum use or provide any spectrum functions pursuant

16 to the NTIA Organization Act, 47 U.S.C. §§ 902–903,

17 to any Federal entity without reimbursement as required

18 by NTIA for such spectrum management costs, and Fed19 eral entities withholding payment of such cost shall not

20 use spectrum: Provided further, That the Secretary of

21 Commerce is authorized to retain and use as offsetting

22 collections all funds transferred, or previously transferred,

23 from other Government agencies for all costs incurred in

24 telecommunications research, engineering, and related ac25 tivities by the Institute for Telecommunication Sciences
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1 of the NTIA, in furtherance of its assigned functions

2 under this paragraph, and such funds received from other

3 Government agencies shall remain available until ex4 pended.

5 PUBLIC BROADCASTING FACILITIES, PLANNING AND

6 CONSTRUCTION

7 For grants authorized by section 392 of the Commu8 nications Act of 1934, as amended, $25,000,000, to re9 main available until expended as authorized by section 391

10 of the Act, as amended: Provided, That not to exceed

11 $1,500,000 shall be available for program administration

12 as authorized by section 391 of the Act: Provided further,

13 That notwithstanding the provisions of section 391 of the

14 Act, the prior year unobligated balances may be made

15 available for grants for projects for which applications

16 have been submitted and approved during any fiscal year:

17 Provided further, That, notwithstanding any other provi18 sion of law, the Pan-Pacific Education and Communica19 tion Experiments by Satellite (PEACESAT) Program is

20 eligible to compete for Public Broadcasting Facilities,

21 Planning and Construction funds.

22 INFORMATION INFRASTRUCTURE GRANTS

23 For grants authorized by section 392 of the Commu24 nications Act of 1934, as amended, $11,000,000, to re25 main available until expended as authorized by section 391

26 of the Act, as amended: Provided, That not to exceed
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1 $3,000,000 shall be available for program administration

2 and other support activities as authorized by section 391:

3 Provided further, That of the funds appropriated herein,

4 not to exceed 5 percent may be available for telecommuni5 cations research activities for projects related directly to

6 the development of a national information infrastructure:

7 Provided further, That notwithstanding the requirements

8 of section 392(a) and 392(c) of the Act, these funds may

9 be used for the planning and construction of telecommuni10 cations networks for the provision of educational, cultural,

11 health care, public information, public safety, or other so12 cial services.

13 PATENT AND TRADEMARK OFFICE

14 SALARIES AND EXPENSES

15 For necessary expenses of the Patent and Trademark

16 Office or any successor organization, $656,320,000, to re17 main available until expended: Provided, That

18 $629,320,000 of offsetting collections shall be assessed

19 and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C.

20 41 and 376 and shall be retained and used for necessary

21 expenses in this appropriation: Provided further, That the

22 sum herein appropriated from the General Fund shall be

23 reduced as such offsetting collections are received during

24 fiscal year 1998, so as to result in a final fiscal year 1998

25 appropriation from the General Fund estimated at
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1 $27,000,000: Provided further, That should legislation es2 tablishing an Office of the Under Secretary of Commerce

3 for Intellectual Property Policy be enacted, $20,000,000,

4 of the sum appropriated in this paragraph shall be avail5 able for the staffing, operation and support of said office

6 once a plan for this office has been submitted to the House

7 and Senate Committees on Appropriations pursuant to

8 section 605 of this Act.

9 SCIENCE AND TECHNOLOGY

10 TECHNOLOGY ADMINISTRATION

11 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

12 TECHNOLOGY POLICY

13 SALARIES AND EXPENSES

14 For necessary expenses for the Under Secretary for

15 Technology/Office of Technology Policy, $8,800,000.

16 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

17 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

18 For necessary expenses of the National Institute of

19 Standards and Technology, $276,852,000, to remain

20 available until expended, of which not to exceed $500,000

21 may be transferred to the ‘‘Working Capital Fund’’.

22 INDUSTRIAL TECHNOLOGY SERVICES

23 For necessary expenses of the Manufacturing Exten24 sion Partnership of the National Institute of Standards

25 and Technology, $111,040,000, to remain available until

26 expended, of which not to exceed $300,000 may be trans-
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1 ferred to the ‘‘Working Capital Fund’’: Provided, That

2 notwithstanding the time limitations imposed by 15

3 U.S.C. 278k(c) (1) and (5) on the duration of Federal

4 financial assistance that may be awarded by the Secretary

5 of Commerce to Regional Centers for the transfer of Man6 ufacturing Technology (‘‘Centers’’), such Federal financial

7 assistance for a Center may continue beyond six years and

8 may be renewed for additional periods, not to exceed one

9 year, at a rate not to exceed one-third of the Center’s total

10 annual costs, subject before any such renewal to a positive

11 evaluation of the Center and to a finding by the Secretary

12 of Commerce that continuation of Federal funding to the

13 Center is in the best interest of the Regional Centers for

14 the transfer of Manufacturing Technology Program: Pro15 vided further, That the Center’s most recent performance

16 evaluation is positive, and the Center has submitted a re17 application which has successfully passed merit review.

18 In addition, for necessary expenses of the Advanced

19 Technology Program of the National Institute of Stand20 ards and Technology, $200,000,000, to remain available

21 until expended, of which not to exceed $500,000 may be

22 transferred to the ‘‘Working Capital Fund.’’

23 CONSTRUCTION OF RESEARCH FACILITIES

24 For renovation of existing facilities of the National

25 Institute of Standards and Technology, as authorized by
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1 15 U.S.C. 278c–278e, $16,000,000, to remain available

2 until expended.

3 NATIONAL OCEANIC AND ATMOSPHERIC

4 ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of activities authorized by law

8 for the National Oceanic and Atmospheric Administration,

9 including acquisition, maintenance, operation, and hire of

10 aircraft; not to exceed 299 commissioned officers on the

11 active list as of September 30, 1998; grants, contracts,

12 or other payments to nonprofit organizations for the pur13 poses of conducting activities pursuant to cooperative

14 agreements; and alteration, modernization, and relocation

15 of facilities as authorized by 33 U.S.C. 883i;

16 $1,995,252,000, to remain available until expended: Pro17 vided, That notwithstanding 31 U.S.C. 3302 but consist18 ent with other existing law, fees shall be assessed, col19 lected, and credited to this appropriation as offsetting col20 lections to be available until expended, to recover the costs

21 of administering aeronautical charting programs: Provided

22 further, That the sum herein appropriated from the gen23 eral fund shall be reduced as such additional fees are re24 ceived during fiscal year 1998, so as to result in a final

25 general fund appropriation estimated at not more than

26 $1,992,252,000: Provided further, That any such addi-
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1 tional fees received in excess of $3,000,000 in fiscal year

2 1998 shall not be available for obligation until October

3 1, 1998: Provided further, That fees and donations re4 ceived by the National Ocean Service for the management

5 of the national marine sanctuaries may be retained and

6 used for the salaries and expenses associated with those

7 activities, notwithstanding 31 U.S.C. 3302: Provided fur8 ther, That in addition, $62,381,000 shall be derived by

9 transfer from the fund entitled ‘‘Promote and Develop

10 Fishery Products and Research Pertaining to American

11 Fisheries’’: Provided further, That grants to States pursu12 ant to sections 306 and 306A of the Coastal Zone Man13 agement Act of 1972, as amended, shall not exceed

14 $2,000,000.

15 COASTAL ZONE MANAGEMENT FUND

16 Of amounts collected pursuant to section 308 of the

17 Coastal Zone Management Act of 1972 (16 U.S.C.

18 1456a), not to exceed $7,800,000, for purposes set forth

19 in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of

20 such Act.

21 CONSTRUCTION

22 For repair and modification of, and additions to, ex23 isting facilities and construction of new facilities, and for

24 facility planning and design and land acquisition not oth25 erwise provided for the National Oceanic and Atmospheric
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1 Administration, $88,000,000, to remain available until ex2 pended.

3 FLEET MAINTENANCE AND PLANNING

4 For expenses necessary for the repair, acquisition,

5 leasing, or conversion of vessels, including related equip6 ment to maintain and modernize the existing fleet and to

7 continue planning the modernization of the fleet, for the

8 National Oceanic and Atmospheric Administration,

9 $15,823,000, to remain available until expended.

10 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

11 FUND

12 For carrying out the provisions of section 3 of Public

13 Law 95–376, not to exceed $200,000, to be derived from

14 receipts collected pursuant to subsections (b) and (f) of

15 section 10 of the Fishermen’s Protective Act of 1967 (22

16 U.S.C. 1980), to remain available until expended.

17 FISHERMEN’S CONTINGENCY FUND

18 For carrying out the provisions of title IV of Public

19 Law 95–372, not to exceed $953,000, to be derived from

20 receipts collected pursuant to that Act, to remain available

21 until expended.

22 FOREIGN FISHING OBSERVER FUND

23 For expenses necessary to carry out the provisions

24 of the Atlantic Tunas Convention Act of 1975, as amend25 ed (Public Law 96–339), the Magnuson-Stevens Fishery

26 Conservation and Management Act of 1976, as amended
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1 (Public Law 100–627), and the American Fisheries Pro2 motion Act (Public Law 96–561), to be derived from the

3 fees imposed under the foreign fishery observer program

4 authorized by these Acts, not to exceed $189,000, to re5 main available until expended.

6 FISHING VESSEL OBLIGATIONS GUARANTEES

7 For the cost of guaranteed loans, $338,000, as au8 thorized by the Merchant Marine Act of 1936, as amend9 ed: Provided, That such costs, including the cost of modi10 fying such loans, shall be as defined in section 502 of the

11 Congressional Budget Act of 1974: Provided further, That

12 none of the funds made available under this heading may

13 be used to guarantee loans for any new fishing vessel that

14 will increase the harvesting capacity in any United States

15 fishery.

16 GENERAL ADMINISTRATION

17 SALARIES AND EXPENSES

18 For expenses necessary for the general administra19 tion of the Department of Commerce provided for by law,

20 including not to exceed $3,000 for official entertainment,

21 $28,490,000.

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector

24 General in carrying out the provisions of the Inspector

25 General Act of 1978, as amended (5 U.S.C. App. 1–11

26 as amended by Public Law 100–504), $20,140,000.
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1 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

2 SEC. 201. During the current fiscal year, applicable

3 appropriations and funds made available to the Depart4 ment of Commerce by this Act shall be available for the

5 activities specified in the Act of October 26, 1949 (15

6 U.S.C. 1514), to the extent and in the manner prescribed

7 by the Act, and, notwithstanding 31 U.S.C. 3324, may

8 be used for advanced payments not otherwise authorized

9 only upon the certification of officials designated by the

10 Secretary that such payments are in the public interest.

11 SEC. 202. During the current fiscal year, appropria12 tions made available to the Department of Commerce by

13 this Act for salaries and expenses shall be available for

14 hire of passenger motor vehicles as authorized by 31

15 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.

16 3109; and uniforms or allowances therefor, as authorized

17 by law (5 U.S.C. 5901–5902).

18 SEC. 203. None of the funds made available by this

19 Act may be used to support the hurricane reconnaissance

20 aircraft and activities that are under the control of the

21 United States Air Force or the United States Air Force

22 Reserve.

23 SEC. 204. None of the funds provided in this or any

24 previous Act, or hereinafter made available to the Depart25 ment of Commerce, shall be available to reimburse the Un-
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1 employment Trust Fund or any other fund or account of

2 the Treasury to pay for any expenses paid before October

3 1, 1992, as authorized by section 8501 of title 5, United

4 States Code, for services performed after April 20, 1990,

5 by individuals appointed to temporary positions within the

6 Bureau of the Census for purposes relating to the 1990

7 decennial census of population.

8 SEC. 205. Not to exceed 5 percent of any appropria9 tion made available for the current fiscal year for the De10 partment of Commerce in this Act may be transferred be11 tween such appropriations, but no such appropriation shall

12 be increased by more than 10 percent by any such trans13 fers: Provided, That any transfer pursuant to this section

14 shall be treated as a reprogramming of funds under sec15 tion 605 of this Act and shall not be available for obliga16 tion or expenditure except in compliance with the proce17 dures set forth in that section.

18 SEC. 206. Any costs incurred by a Department or

19 agency funded under this title resulting from personnel

20 actions taken in response to funding reductions included

21 in this title shall be absorbed within the total budgetary

22 resources available to such Department or agency: Pro23 vided, That the authority to transfer funds between appro24 priations accounts as may be necessary to carry out this

25 section is provided in addition to authorities included else-
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1 where in this Act: Provided further, That use of funds to

2 carry out this section shall be treated as a reprogramming

3 of funds under section 605 of this Act and shall not be

4 available for obligation or expenditure except in compli5 ance with the procedure set forth in that section.

6 SEC. 207. The Secretary may award contracts for hy7 drographic, geodetic, and photogrammetric surveying and

8 mapping services in accordance with title IX of the Fed9 eral Property and Administrative Services Act of 1949 (40

10 U.S.C. 541 et seq.).

11 SEC. 208. There is hereby established the Bureau of

12 the Census Working Capital Fund, which shall be avail13 able without fiscal year limitation, for expenses and equip14 ment necessary for the maintenance and operation of such

15 services and projects as the Director of the Census Bureau

16 determines may be performed more advantageously when

17 centralized: Provided, That such central services shall, to

18 the fullest extent practicable, be used to make unnecessary

19 the maintenance of separate like services in the divisions

20 and offices of the Bureau: Provided further, That a sepa21 rate schedule of expenditures and reimbursements, and a

22 statement of the current assets and liabilities of the Work23 ing Capital Fund as of the close of the last completed fis24 cal year, shall be prepared each year: Provided further,

25 That notwithstanding 31 U.S.C. 3302, the Working Cap-
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1 ital Fund may be credited with advances and reimburse2 ments from applicable appropriations of the Bureau and

3 from funds of other agencies or entities for services fur4 nished pursuant to law: Provided further, That any inven5 tories, equipment, and other assets pertaining to the serv6 ices to be provided by such funds, either on hand or on

7 order, less the related liabilities or unpaid obligations, and

8 any appropriations made hereafter for the purpose of pro9 viding capital, shall be used to capitalize the Working Cap10 ital Fund: Provided further, That the Working Capital

11 Fund shall provide for centralized services at rates which

12 will return in full all expenses of operation, including de13 preciation of fund plant and equipment, amortization of

14 automated data processing software and hardware sys15 tems, and an amount necessary to maintain a reasonable

16 operating reserve as determined by the Director.

17 SEC. 209. None of the funds made available in this

18 Act for fiscal year 1998 may be used by the Department

19 of Commerce to make irreversible plans or preparation for

20 the use of sampling or any other statistical method (in21 cluding any statistical adjustment) in taking the 2000 de22 cennial census of population for purposes of the

23 appropriationment of Representatives in Congress among

24 the States.
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1 SEC. 210. (a) Section 401 of title 22, United States

2 Code, is amended—

3 (1) in subsection (a), by adding after the first

4 sentence the following: ‘‘The Secretary of Commerce

5 may seize and detain any commodity (other than

6 arms or munitions of war) or technology which is in7 tended to be or is being exported in violation of laws

8 governing such exports and may seize and detain

9 any vessel, vehicle, or aircraft containing the same

10 or which has been used or is being used in exporting

11 or attempting to export such articles.’’; and

12 (2) in subsection (b), by adding the following

13 after ‘‘and not inconsistent with the provisions here14 of.’’—

15 ‘‘However, with respect to seizures and forfeit16 ures of property under this section by the Secretary

17 of Commerce, such duties as are imposed upon the

18 customs officer or any other person with respect to

19 the seizure and forfeiture of property under the cus20 toms law may be performed by such officers as are

21 designated by the Secretary of Commerce or, upon

22 the request of the Secretary of Commerce, by any

23 other agency that has authority to manage and dis24 pose of seized property.’’
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1 (b) Section 524(c)(11)(B) of title 28, United States

2 Code, is amended by adding at the end thereof ‘‘or pursu3 ant to the authority of the Secretary of Commerce’’.

4 This title may be cited as the ‘‘Department of Com5 merce and Related Agencies Appropriations Act, 1998’’.

6 TITLE III—THE JUDICIARY

7 SUPREME COURT OF THE UNITED STATES

8 SALARIES AND EXPENSES

9 For expenses necessary for the operation of the Su10 preme Court, as required by law, excluding care of the

11 building and grounds, including purchase or hire, driving,

12 maintenance, and operation of an automobile for the Chief

13 Justice, not to exceed $10,000 for the purpose of trans14 porting Associate Justices, and hire of passenger motor

15 vehicles as authorized by 31 U.S.C. 1343 and 1344; not

16 to exceed $10,000 for official reception and representation

17 expenses; and for miscellaneous expenses, to be expended

18 as the Chief Justice may approve; $28,903,000.

19 CARE OF THE BUILDING AND GROUNDS

20 For such expenditures as may be necessary to enable

21 the Architect of the Capitol to carry out the duties im22 posed upon him by the Act approved May 7, 1934 (40

23 U.S.C. 13a–13b), $6,170,000, of which $3,620,000 shall

24 remain available until expended.
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of the chief judge, judges, and other offi5 cers and employees, and for necessary expenses of the

6 court, as authorized by law, $15,796,000.

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

9 For salaries of the chief judge and eight judges, sala10 ries of the officers and employees of the court, services

11 as authorized by 5 U.S.C. 3109, and necessary expenses

12 of the court, as authorized by law, $11,478,000.

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 (INCLUDING TRANSFER OF FUNDS)

17 For the salaries of circuit and district judges (includ18 ing judges of the territorial courts of the United States),

19 justices and judges retire from office or from regular ac20 tive service, judges of the United States Court of Federal

21 Claims, bankruptcy judges, magistrate judges, and all

22 other officers and employees of the Federal Judiciary not

23 otherwise specifically provided for, and necessary expenses

24 of the courts, as authorized by law, $2,789,777,000 (in25 cluding the purchase of firearms and ammunition); of

26 which not to exceed $16,530,000 shall remain available
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1 until expended for space alteration projects; and of which

2 not to exceed $10,000,000 shall remain available until ex3 pended for furniture and furnishings related to new space

4 alteration and construction projects.

5 In addition, for expenses of the United States Court

6 of Federal Claims associated with processing cases under

7 the National Childhood Vaccine Injury Act of 1986, not

8 to exceed $2,450,000, to be appropriated from the Vaccine

9 Injury Compensation Trust Fund.

10 DEFENDER SERVICES

11 For the operation of Federal Public Defender and

12 Community Defender organizations; the compensation and

13 reimbursement of expenses of attorneys appointed to rep14 resent persons under the Criminal Justice Act of 1964,

15 as amended; the compensation and reimbursement of ex16 penses of persons furnishing investigative, expert and

17 other services under the Criminal Justice Act (18 U.S.C.

18 3006A(e)); the compensation (in accordance with Criminal

19 Justice Act maximums) and reimbursement of expenses

20 of attorneys appointed to assist the court in criminal cases

21 where the defendant has waived representation by counsel;

22 the compensation and reimbursement of travel expenses

23 of guardians ad litem acting on behalf of financially eligi24 ble minor or incompetent offenders in connection with

25 transfers from the United States to foreign countries with

26 which the United States has a treaty for the execution
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1 of penal sentences; and the compensation of attorneys ap2 pointed to represent jurors in civil actions for the protec3 tion of their employment, as authorized by 28 U.S.C.

4 1875(d); $308,000,000, to remain available until ex5 pended as authorized by 18 U.S.C. 3006A(i): Provided,

6 That the annual incremental cost of each capital represen7 tation shall not exceed $63,000: Provided further, That if

8 the annual incremental cost of any capital representation

9 exceeds $63,000, the costs in excess of $63,000 shall be

10 paid equally out of funds appropriated or otherwise made

11 available to the administrative units supporting the pros12 ecutor and presiding judge.

13 FEES OF JURORS AND COMMISSIONERS

14 For fees and expenses of jurors as authorized by 28

15 U.S.C. 1871 and 1876; compensation of jury commis16 sioners as authorized by 28 U.S.C. 1863; and compensa17 tion of commissioners appointed in condemnation cases

18 pursuant to rule 71A(h) of the Federal Rules of Civil Pro19 cedure (28 U.S.C. Appendix Rule 71A(h)); $68,252,000,

20 to remain available until expended: Provided, That the

21 compensation of land commissioners shall not exceed the

22 daily equivalent of the highest rate payable under section

23 5332 of title 5, United States Code.

24 COURT SECURITY

25 For necessary expenses, not otherwise provided for,

26 incident to the procurement, installation, and maintenance
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1 of security equipment and protective services for the Unit2 ed States Courts in courtrooms and adjacent areas, in3 cluding building ingress-egress control, inspection of pack4 ages, directed security patrols, and other similar activities

5 as authorized by section 1010 of the Judicial Improvement

6 and Access to Justice Act (Public Law 100–702);

7 $167,883,000, of which not to exceed $26,962,000 shall

8 remain available until expended for security systems, to

9 be expended directly or transferred to the United States

10 Marshals Service which shall be responsible for admin11 istering elements of the Judicial Security Program consist12 ent with standards or guidelines agreed to by the Director

13 of the Administrative Office of the United States Courts

14 and the Attorney General.

15 ADMINISTRATIVE OFFICE OF THE UNITED STATES

16 COURTS

17 SALARIES AND EXPENSES

18 For necessary expenses of the Administrative Office

19 of the United States Courts as authorized by law, includ20 ing travel as authorized by 31 U.S.C. 1345, hire of a pas21 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

22 advertising and rent in the District of Columbia and else23 where, $53,843,000, of which not to exceed $7,500 is au24 thorized for official reception and representation expenses.
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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Cen4 ter, as authorized by Public Law 90–219, $17,495,000;

5 of which $1,800,000 shall remain available through Sep6 tember 30, 1999, to provide education and training to

7 Federal court personnel; and of which not to exceed

8 $1,000 is authorized for official reception and representa9 tion expenses.

10 JUDICIAL RETIREMENT FUNDS

11 PAYMENT TO JUDICIARY TRUST FUNDS

12 For payment to the Judicial Officers’ Retirement

13 Fund, as authorized by 28 U.S.C. 377(o), $25,000,000,

14 to the Judicial Survivors’ Annuities Fund, as authorized

15 by 28 U.S.C. 376(c), $7,400,000, and to the United

16 States Court of Federal Claims Judges’ Retirement Fund,

17 as authorized by 28 U.S.C. 178(l), $1,800,000.

18 UNITED STATES SENTENCING COMMISSION

19 SALARIES AND EXPENSES

20 For the salaries and expenses necessary to carry out

21 the provisions of chapter 58 of title 28, United States

22 Code, $9,480,000, of which not to exceed $1,000 is au23 thorized for official reception and representation expenses.
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1 GENERAL PROVISIONS—THE JUDICIARY

2 SEC. 301. Appropriations and authorizations made in

3 this title which are available for salaries and expenses shall

4 be available for services as authorized by 5 U.S.C. 3109.

5 SEC. 302. Not to exceed 5 percent of any appropria6 tion made available for the current fiscal year for the Judi7 ciary in this Act may be transferred between such appro8 priations, but no such appropriation, except ‘‘Courts of

9 Appeals, District Courts, and other Judicial Services, De10 fender Services’’ and ‘‘Courts of Appeals, District Courts,

11 and other Judicial Services, Fees of Jurors and Commis12 sioners’’, shall be increased by more than 10 percent by

13 any such transfers: Provided, That any transfer pursuant

14 to this section shall be treated as a reprogramming of

15 funds under section 605 of this Act and shall not be avail16 able for obligation or expenditure except in compliance

17 with the procedures set forth in that section.

18 SEC. 303. Notwithstanding any other provision of

19 law, the salaries and expenses appropriation for district

20 courts, courts of appeals, and other judicial services shall

21 be available for official reception and representation ex22 penses of the Judicial Conference of the United States:

23 Provided, That such available funds shall not exceed

24 $10,000 and shall be administered by the Director of the
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1 Administrative Office of the United States Courts in his

2 capacity as Secretary of the Judicial Conference.

3 SEC. 304. Section 612 of title 28, United States

4 Code, shall be amended by striking out subsection (l).

5 SEC. 305. (a) SHORT TITLE.—This section may be

6 cited as the ‘‘Ninth Circuit Court of Appeals Reorganiza7 tion Act of 1997’’.

8 (b) NUMBER AND COMPOSITION OF CIRCUITS.—Sec9 tion 41 of title 28, United States Code, is amended—

10 (1) in the matter before the table, by striking

11 ‘‘thirteen’’ and inserting ‘‘fourteen’’;

12 (2) in the table, by striking the item relating to

13 the ninth circuit and inserting the following new

14 item:

‘‘Ninth ........................................... California, Guam, Nevada, Northern

Mariana Islands.’’;

15 and

16 (3) between the last 2 items of the table, by in17 serting the following new item:

‘‘Twelfth ........................................ Alaska, Arizona, Hawaii, Idaho, Montana, Oregon, Washington.’’.

18 (c) NUMBER OF CIRCUIT JUDGES.—The table in sec19 tion 44(a) of title 28, United States Code, is amended—

20 (1) by striking the item relating to the ninth

21 circuit and inserting the following new item:

‘‘Ninth ........................................................................................................ 15’’;
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1 (2) by inserting between the last 2 items at the

2 end thereof the following new item:

‘‘Twelfth ..................................................................................................... 13’’.

3 (d) PLACES OF CIRCUIT COURT.—The table in sec4 tion 48 of title 28, United States Code, is amended—

5 (1) by striking the item relating to the ninth

6 circuit and inserting the following new item:

‘‘Ninth ........................................... San Francisco, Los Angeles.’’;

7 and

8 (2) by inserting between the last 2 items at the

9 end thereof the following new item:

‘‘Twelfth ........................................ Portland, Seattle, Phoenix.’’.

10 (e) ASSIGNMENT OF CIRCUIT JUDGES AND CLERKS

11 OF THE COURT.—Each circuit judge in regular active

12 service of the former ninth circuit whose official station

13 on the day before the effective date of this section—

14 (1) is in California, Guam, Nevada, or North15 ern Mariana Islands is assigned as a circuit judge

16 on the new ninth circuit;

17 (2) is in Alaska, Arizona, Hawaii, Idaho, Mon18 tana, Oregon, or Washington is assigned as a circuit

19 judge on the twelfth circuit; and

20 (3) two co-equal clerks of the court for the

21 twelfth circuit shall be located in two co-equal circuit

22 seats which shall be located in Phoenix, Arizona, and

23 Seattle, Washington, respectively.
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1 (f) ELECTION OF ASSIGNMENT BY SENIOR

2 JUDGES.—Each judge who is a senior judge of the former

3 ninth circuit on the day before the effective date of this

4 section may elect to be assigned to the new ninth circuit

5 or to the twelfth circuit and shall notify the Director of

6 the Administrative Office of the United States Courts of

7 such election.

8 (g) SENIORITY OF JUDGES.—The seniority of each

9 judge—

10 (1) who is assigned under subsection (e); or

11 (2) who elects to be assigned under subsection

12 (f); shall run from the date of commission of such

13 judge as a judge of the former ninth circuit.

14 (h) APPLICATION TO CASES.—The provisions of the

15 following paragraphs of this subsection apply to any case

16 in which, on the day before the effective date of this sec17 tion, an appeal or other proceeding has been filed with

18 the former ninth circuit:

19 (1) If the matter has been submitted for deci20 sion, further proceedings in respect of the matter

21 shall be had in the same manner and with the same

22 effect as if this section had not been enacted.

23 (2) If the matter has not been submitted for de24 cision, the appeal or proceeding, together with the

25 original papers, printed records, and record entries
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1 duly certified, shall, by appropriate orders, be trans2 ferred to the court to which it would have gone had

3 this section been in full force and effect at the time

4 such appeal was taken or other proceeding com5 menced, and further proceedings in respect of the

6 case shall be had in the same manner and with the

7 same effect as if the appeal or other proceeding had

8 been filed in such court.

9 (3) A petition for rehearing or a petition for re10 hearing en banc in a matter decided before the effec11 tive date of this section, or submitted before the ef12 fective date of this section and decided on or after

13 the effective date as provided in paragraph (1) of

14 this subsection, shall be treated in the same manner

15 and with the same effect as though this section had

16 not been enacted. If a petition for rehearing en banc

17 is granted, the matter shall be reheard by a court

18 comprised as though this section had not been en19 acted.

20 (i) DEFINITIONS.—For the purposes of this section,

21 the term—

22 (1) ‘‘former ninth circuit’’ means the ninth ju23 dicial circuit of the United States as in existence on

24 the day before the effective date of this section;
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1 (2) ‘‘new ninth circuit’’ means the ninth judicial

2 circuit of the United States established by the

3 amendment made by subsection (b)(2);

4 (3) ‘‘twelfth circuit’’ means the twelfth judicial

5 circuit of the United States established by the

6 amendment made by subsection (b)(3).

7 (j) ADMINISTRATION.—The court of appeals for the

8 ninth circuit as constituted on the day before the effective

9 date of this section may take such administrative action

10 as may be required to carry out this section. Such court

11 shall cease to exist for administrative purposes on July

12 1, 1999.

13 (k) EFFECTIVE DATE.—This section and the amend14 ments made by this section shall become effective on Octo15 ber 1, 1997.

16 SEC. 306. Pursuant to section 140 of Public Law 97–

17 92, justices and judges of the United States are authorized

18 during fiscal year 1998, to receive a salary adjustment in

19 accordance with 28 U.S.C. 461.

20 SEC. 307. Section 44(c) of title 28, United States

21 Code, is amended by adding at the end thereof the follow22 ing sentence: ‘‘In each circuit (other than the Federal judi23 cial circuit) there shall be at least one circuit judge in reg24 ular active service appointed from the residents of each

25 state in that circuit.’’
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1 This title may be cited as ‘‘The Judiciary Appropria2 tions Act, 1998’’.

3 TITLE IV—DEPARTMENT OF STATE AND

4 RELATED AGENCIES

5 DEPARTMENT OF STATE

6 ADMINISTRATION OF FOREIGN AFFAIRS

7 DIPLOMATIC AND CONSULAR PROGRAMS

8 For necessary expenses of the Department of State

9 and the Foreign Service not otherwise provided for, includ10 ing expenses authorized by the State Department Basic

11 Authorities Act of 1956, as amended; representation to

12 certain international organizations in which the United

13 States participates pursuant to treaties, ratified pursuant

14 to the advice and consent of the Senate, or specific Acts

15 of Congress; acquisition by exchange or purchase of pas16 senger motor vehicles as authorized by 31 U.S.C. 1343,

17 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses

18 of general administration; $1,727,868,000: Provided, That

19 of the amount made available under this heading, not to

20 exceed $4,000,000 may be transferred to, and merged

21 with funds in, the ‘‘Emergencies in the Diplomatic and

22 Consular Service’’ appropriations account, to be available

23 only for emergency evacuations and terrorism rewards:

24 Provided further, That of the amount made available

25 under this heading, not to exceed $125,000 shall be avail-
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1 able only for the Maui Pacific Center: Provided further,

2 That notwithstanding section 140(a)(5), and the second

3 sentence of section 140(a)(3), of the Foreign Relations

4 Authorization Act, Fiscal Years 1994 and 1995 (Public

5 Law 103–236), fees may be collected during fiscal year

6 1998 and each fiscal year thereafter under the authority

7 of section 140(a)(1) of that Act: Provided further, That

8 all fees collected under the preceding proviso shall be de9 posited as an offsetting collection to appropriations made

10 under this heading to recover the costs of providing con11 sular services and shall remain available until expended.

12 In addition, not to exceed $700,000 in registration

13 fees collected pursuant to section 38 of the Arms Export

14 Control Act, as amended, may be used in accordance with

15 section 45 of the State Department Basic Authorities Act

16 of 1956 (22 U.S.C. 2717); and in addition not to exceed

17 $1,252,000 shall be derived from fees collected from other

18 executive agencies for lease or use of facilities located at

19 the International Center in accordance with section 4 of

20 the International Center Act (Public Law 90–553), as

21 amended, and in addition, as authorized by section 5 of

22 such Act $490,000, to be derived from the reserve author23 ized by that section, to be used for the purposes set out

24 in that section; and in addition not to exceed $15,000

25 which shall be derived from reimbursements, surcharges,
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1 and fees for use of Blair House facilities in accordance

2 with section 46 of the State Department Basic Authorities

3 Act of 1956 (22 U.S.C. 2718(a)).

4 Notwithstanding section 402 of this Act, not to ex5 ceed 20 percent of the amounts made available in this Act

6 in the appropriation accounts ‘‘Diplomatic and Consular

7 Programs’’ and ‘‘Salaries and Expenses’’ under the head8 ing ‘‘Administration of Foreign Affairs’’ may be trans9 ferred between such appropriation accounts: Provided,

10 That any transfer pursuant to this sentence shall be treat11 ed as a reprogramming of funds under section 605 of this

12 Act and shall not be available for obligation or expenditure

13 except in compliance with the procedures set forth in that

14 section.

15 SALARIES AND EXPENSES

16 For expenses necessary for the general administra17 tion of the Department of State and the Foreign Service,

18 provided for by law, including expenses authorized by sec19 tion 9 of the Act of August 31, 1964, as amended (31

20 U.S.C. 3721), and the State Department Basic Authori21 ties Act of 1956, as amended, $363,513,000.

22 CAPITAL INVESTMENT FUND

23 For necessary expenses of the Capital Investment

24 Fund, $105,000,000, to remain available until expended,

25 as authorized in Public Law 103–236: Provided, That sec-
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1 tion 135(e) of Public Law 103–236 shall not apply to

2 funds available under this heading.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

6 General Act of 1978, as amended (5 U.S.C. App.),

7 $27,495,000, notwithstanding section 209(a)(1) of the

8 Foreign Service Act of 1980, as amended (Public Law 96–

9 465), as it relates to post inspections.

10 REPRESENTATION ALLOWANCES

11 For representation allowances as authorized by sec12 tion 905 of the Foreign Service Act of 1980, as amended

13 (22 U.S.C. 4085), $4,100,000.

14 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

15 For expenses, not otherwise provided, to enable the

16 Secretary of State to provide for extraordinary protective

17 services in accordance with the provisions of section 214

18 of the State Department Basic Authorities Act of 1956

19 (22 U.S.C. 4314) and 3 U.S.C. 208, $7,900,000, to re20 main available until September 30, 1999.

21 SECURITY AND MAINTENANCE OF UNITED STATES

22 MISSIONS

23 For necessary expenses for carrying out the Foreign

24 Service Buildings Act of 1926, as amended (22 U.S.C.

25 292–300), and the Diplomatic Security Construction Pro26 gram as authorized by title IV of the Omnibus Diplomatic
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1 Security and Antiterrorism Act of 1986 (22 U.S.C. 4851),

2 $420,281,000, to remain available until expended as au3 thorized by section 24(c) of the State Department Basic

4 Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided,

5 That none of the funds appropriated in this paragraph

6 shall be available for acquisition of furniture and furnish7 ings and generators for other departments and agencies.

8 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

9 SERVICE

10 For expenses necessary to enable the Secretary of

11 State to meet unforeseen emergencies arising in the Diplo12 matic and Consular Service pursuant to the requirement

13 of 31 U.S.C. 3526(e), $5,500,000, to remain available

14 until expended as authorized by section 24(c) of the State

15 Department Basic Authorities Act of 1956 (22 U.S.C.

16 2696(c)), of which not to exceed $1,000,000 may be trans17 ferred to and merged with the Repatriation Loans Pro18 gram Account, subject to the same terms and conditions.

19 REPATRIATION LOANS PROGRAM ACCOUNT

20 For the cost of direct loans, $593,000, as authorized

21 by section 4 of the State Department Basic Authorities

22 Act of 1956 (22 U.S.C. 2671): Provided, That such costs,

23 including the cost of modifying such loans, shall be as de24 fined in section 502 of the Congressional Budget Act of

25 1974. In addition, for administrative expenses necessary

26 to carry out the direct loan program, $607,000 which may
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1 be transferred to and merged with the Salaries and Ex2 penses account under Administration of Foreign Affairs.

3 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

4 For necessary expenses to carry out the Taiwan Rela5 tions Act, Public Law 96–8 (93 Stat. 14), $14,490,000.

6 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

7 DISABILITY FUND

8 For payment to the Foreign Service Retirement and

9 Disability Fund, as authorized by law, $129,935,000.

10 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

11 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

12 For expenses, not otherwise provided for, necessary

13 to meet annual obligations of membership in international

14 multilateral organizations, pursuant to treaties ratified

15 pursuant to the advice and consent of the Senate, conven16 tions or specific Acts of Congress, $957,009,000, of which

17 not to exceed $54,000,000 shall remain available until ex18 pended for payment of arreages owed the United Nations:

19 Provided, That any payment of arrearages shall be di20 rected toward special activities that are mutually agreed

21 upon by the United States and the respective international

22 organization: Provided further, That none of the funds ap23 propriated or otherwise made available by this Act for

24 ‘‘Contributions to International Organizations’’, including

25 payment of arrearages owed to the United Nations, may

26 be obligated or expended unless such obligation or expend-
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1 iture is expressly authorized by the enactment of the For2 eign Affairs Reform and Restructuring Act of 1997: Pro3 vided further, That notwithstanding section 402 of this

4 Act, not to exceed $10,000,000 may be transferred from

5 the funds made available under this heading to the ‘‘Inter6 national Conferences and Contingencies’’ account for as7 sessed contributions to new or provisional international or8 ganizations or for travel expenses of official delegates to

9 international conferences: Provided further, That any

10 transfer pursuant to this paragraph shall be treated as

11 a reprogramming of funds under section 605 of this Act

12 and shall not be available for obligation or expenditure ex13 cept in compliance with the procedures set forth in that

14 section.

15 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

16 ACTIVITIES

17 For necessary expenses to pay assessed and other ex18 penses of international peacekeeping activities directed to

19 the maintenance or restoration of international peace and

20 security $200,320,000, of which not to exceed

21 $46,000,000 shall remain available until expended for pay22 ment of arrearages: Provided, That none of the funds ap23 propriated or otherwise made available by this Act for

24 ‘‘Contributions for International Peacekeeping Activities’’,

25 including payment of arrearages, may be obligated or ex26 pended unless such obligation or expenditure is expressly
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1 authorized by the enactment of the Foreign Affairs Re2 form and Restructuring Act of 1997.

3 INTERNATIONAL COMMISSIONS

4 For necessary expenses, not otherwise provided for,

5 to meet obligations of the United States arising under

6 treaties, or specific Acts of Congress, as follows:

7 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

8 UNITED STATES AND MEXICO

9 For necessary expenses for the United States Section

10 of the International Boundary and Water Commission,

11 United States and Mexico, and to comply with laws appli12 cable to the United States Section, including not to exceed

13 $10,000 for representation; as follows:

14 SALARIES AND EXPENSES

15 For salaries and expenses, not otherwise provided for,

16 $18,200,000.

17 CONSTRUCTION

18 For detailed plan preparation and construction of au19 thorized projects, $6,463,000, to remain available until ex20 pended, as authorized by section 24(c) of the State De21 partment Basic Authorities Act of 1956 (22 U.S.C.

22 2696(c)).

23 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

24 For necessary expenses, not otherwise provided for

25 the International Joint Commission and the international

26 Boundary Commission, United States and Canada, as au-
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1 thorized by treaties between the United States and Can2 ada or Great Britain, and for the Border Environment

3 Cooperation Commission as authorized by Public Law

4 103–182; $5,010,000, of which not to exceed $9,900 shall

5 be available for representation expenses incurred by the

6 International Joint Commission: Provided, That of the

7 amount made available under this heading, not to exceed

8 $40,000 shall be available only for the Bering Straits

9 Commission.

10 INTERNATIONAL FISHERIES COMMISSIONS

11 For necessary expenses for international fisheries

12 commissions, not otherwise provided for, $14,549,000:

13 Provided, That the United States’ share of such expenses

14 may be advanced to the respective commissions, pursuant

15 to 31 U.S.C. 3324.

16 OTHER

17 PAYMENT TO THE ASIA FOUNDATION

18 For a grant to the Asia Foundation, as authorized

19 by section 501 of Public Law 101–246, $5,000,000, to

20 remain available until expended, as authorized by section

21 24(c) of the State Department Basic Authorities Act of

22 1956 (22 U.S.C. 2696(c)).
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1 RELATED AGENCIES

2 ARMS CONTROL AND DISARMAMENT AGENCY

3 ARMS CONTROL AND DISARMAMENT ACTIVITIES

4 For necessary expenses not otherwise provided for

5 arms control, nonproliferation, and disarmament activi6 ties, $32,613,000 of which not to exceed $50,000 shall be

7 for official reception and representation expenses as au8 thorized by the Act of September 26, 1961, as amended

9 (22 U.S.C. 2551 et seq.).

10 UNITED STATES INFORMATION AGENCY

11 INTERNATIONAL INFORMATION PROGRAMS

12 For expenses, not otherwise provided for, necessary

13 to enable the United States Information Agency, as au14 thorized by the Mutual Educational and Cultural Ex15 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

16 the United States Information and Educational Exchange

17 Act of 1948, as amended (22 U.S.C. 1431 et seq.), and

18 Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to

19 carry out international communication, educational and

20 cultural activities; and to carry out related activities au21 thorized by law, including employment, without regard to

22 civil service and classification laws, of persons on a tem23 porary basis (not to exceed $700,000 of this appropria24 tion), as authorized by section 801 of such Act of 1948

25 (22 U.S.C. 1471), and entertainment, including official re-
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1 ceptions, within the United States, not to exceed $25,000

2 as authorized by section 804(3) of such Act of 1948 (22

3 U.S.C. 1474(3)); $427,097,000: Provided, That not to ex4 ceed $1,400,000 may be used for representation abroad

5 as authorized by section 302 of such Act of 1948 (22

6 U.S.C. 1452) and section 905 of the Foreign Service Act

7 of 1980 (22 U.S.C. 4085): Provided further, That not to

8 exceed $6,000,000, to remain available until expended,

9 may be credited to this appropriation from fees or other

10 payments received from or in connection with English

11 teaching, library, motion pictures, and publication pro12 grams as authorized by section 810 of such Act of 1948

13 (22 U.S.C. 1475e) and, notwithstanding any other law,

14 fees from student advising and counseling: Provided fur15 ther, That not to exceed $920,000 to remain available

16 until expended may be used to carry out projects involving

17 security construction and related improvements for agency

18 facilities not physically located together with Department

19 of State facilities abroad.

20 TECHNOLOGY FUND

21 For expenses necessary to enable the United States

22 Information Agency to provide for the procurement of in23 formation technology improvements, as authorized by the

24 United States Information and Educational Exchange Act

25 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

26 Educational and Cultural Exchange Act of 1961, as
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1 amended (22 U.S.C. 2451 et seq.), and Reorganization

2 Plan No. 2 of 1977 (91 Stat. 1636), $10,000,000, to re3 main available until expended.

4 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

5 For expenses of educational and cultural exchange

6 programs, as authorized by the Mutual Educational and

7 Cultural Exchange Act of 1961, as amended (22 U.S.C.

8 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91

9 Stat. 1636), $200,000,000, to remain available until ex10 pended as authorized by section 105 of such Act of 1961

11 (22 U.S.C. 2455): Provided, That not to exceed $500,000,

12 to remain available until expended, may be credited to this

13 appropriation from fees or other payments received from

14 or in connection with English teaching and publication

15 programs as authorized by section 810 of the United

16 States Information and Educational Exchange Act of

17 1948 (22 U.S.C. 1475a).

18 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

19 FUND

20 For necessary expenses of Eisenhower Exchange Fel21 lowships, Incorporated, as authorized by sections 4 and

22 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

23 U.S.C. 5204–5205), all interest and earnings accruing to

24 the Eisenhower Exchange Fellowship Program Trust

25 Fund on or before September 30, 1998, to remain avail26 able until expended: Provided, That none of the funds ap-
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1 propriated herein shall be used to pay any salary or other

2 compensation, or to enter into any contract providing for

3 the payment thereof, in excess of the rate authorized by

4 5 U.S.C. 5376; or for purposes which are not in accord5 ance with OMB Circulars A–110 (Uniform Administrative

6 Requirements) and A–122 (Cost Principles for Non-profit

7 Organizations), including the restrictions on compensation

8 for personal services.

9 ISRAELI ARAB SCHOLARSHIP PROGRAM

10 For necessary expenses of the Israeli Arab Scholar11 ship Program as authorized by section 214 of the Foreign

12 Relations Authorization Act, Fiscal Years 1992 and 1993

13 (22 U.S.C. 2452), all interest and earnings accruing to

14 the Israeli Arab Scholarship Fund on or before September

15 30, 1998, to remain available until expended.

16 INTERNATIONAL BROADCASTING OPERATIONS

17 For expenses necessary to enable the United States

18 Information Agency, as authorized by the United States

19 Information and Educational Exchange Act of 1948, as

20 amended, the United States International Broadcasting

21 Act of 1994, as amended, and Reorganization Plan No.

22 2 of 1977, to carry out international communication ac23 tivities; $339,655,000, of which not to exceed $10,000,000

24 shall be available only on a dollar-for-dollar basis when

25 matched with the proceeds of sales of advertising air time,

26 of which not to exceed $16,000 may be used for official
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1 receptions within the United States as authorized by sec2 tion 804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not

3 to exceed $35,000 may be used for representation abroad

4 as authorized by section 302 of such Act of 1948 (22

5 U.S.C. 1452) and section 905 of the Foreign Service Act

6 of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may

7 be used for official reception and representation expenses

8 of Radio Free Europe/Radio Liberty; and in addition, not

9 to exceed $250,000 from fees as authorized by section 810

10 of such Act of 1948 (22 U.S.C. 1475e), to remain avail11 able until expended for carrying out authorized purposes;

12 and in addition, notwithstanding any other provision of

13 law, not to exceed $1,000,000 in monies received (includ14 ing receipts from advertising, if any) by or for the use

15 of the United States Information Agency from or in con16 nection with broadcasting resources owned by or on behalf

17 of the Agency, to be available until expended for carrying

18 out authorized purposes.

19 BROADCASTING TO CUBA

20 For expenses necessary to enable the United States

21 Information Agency to carry out the Radio Broadcasting

22 to Cuba Act, as amended, the Television Broadcasting to

23 Cuba Act, and the International Broadcasting Act of

24 1994, including the purchase, rent, construction, and im25 provement of facilities for radio and television trans26 mission and reception, and purchase and installation of
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1 necessary equipment for radio and television transmission

2 and reception, $22,095,000, to remain available until ex3 pended.

4 RADIO CONSTRUCTION

5 For the purchase, rent, construction, and improve6 ment of facilities for radio transmission and reception, and

7 purchase and installation of necessary equipment for radio

8 and television transmission and reception as authorized by

9 section 801 of the United States Information and Edu10 cational Exchange Act of 1948 (22 U.S.C. 1471),

11 $32,710,000, to remain available until expended, as au12 thorized by section 704(a) of such Act of 1948 (22 U.S.C.

13 1477b(a)).

14 EAST-WEST CENTER

15 To enable the Director of the United States Informa16 tion Agency to provide for carrying out the provisions of

17 the Center for Cultural and Technical Interchange Be18 tween East and West Act of 1960 (22 U.S.C. 2054–2057),

19 by grant to the Center for Cultural and Technical Inter20 change Between East and West in the State of Hawaii,

21 $22,000,000: Provided, That none of the funds appro22 priated herein shall be used to pay any salary, or enter

23 into any contract providing for the payment thereof, in

24 excess of the rate authorized by 5 U.S.C. 5376.
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1 NORTH/SOUTH CENTER

2 To enable the Director of the United States Informa3 tion Agency to provide for carrying out the provisions of

4 the North/South Center Act of 1991 (22 U.S.C. 2075),

5 by grant to an educational institution in Florida known

6 as the North/South Center, $3,000,000, to remain avail7 able until expended.

8 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

9 RELATED AGENCIES

10 SEC. 401. Funds appropriated under this title shall

11 be available, except as otherwise provided for allowances

12 and differentials as authorized by subchapter 59 of 5

13 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

14 hire of passenger transportation pursuant to 31 U.S.C.

15 1343(b).

16 SEC. 402. Not to exceed 5 percent of any appropria17 tion made available for the current fiscal year for the De18 partment of State in this Act may be transferred between

19 such appropriations, but no such appropriations, except

20 as otherwise specifically provided shall be increased by

21 more than 10 percent by any such transfers: Provided,

22 That not to exceed 5 percent of any appropriation made

23 available for the current fiscal year for the United States

24 Information Agency in this Act may be transferred be25 tween such appropriations, but no such appropriation, ex-
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1 cept as otherwise specifically provided shall be increased

2 by more than 10 percent by any such transfers: Provided

3 further, That any transfer pursuant to this section shall

4 be treated as a reprogramming of funds under section 605

5 of this Act and shall not be available for obligation or ex6 penditure except in compliance with the procedures set

7 forth in that section.

8 SEC. 403. Funds hereafter appropriated or otherwise

9 made available under this Act or any other Act may be

10 expended for compensation of the United States Commis11 sioner of the International Boundary Commission, United

12 States and Canada, only for actual hours worked by such

13 Commissioner.

14 SEC. 404. Funds appropriated by this Act for the

15 United States Information Agency, the Arms Control and

16 Disarmament Agency, and the Department of State may

17 be obligated and expended notwithstanding section 701 of

18 the United States Information and Educational Exchange

19 Act of 1948 and section 313 of the Foreign Relations Au20 thorization Act, Fiscal Years 1994 and 1995, section 53

21 of the Arms Control and Disarmament Act, and section

22 15 of the State Department Basic Authorities Act of

23 1956.

24 SEC. 405. Any costs incurred by a Department or

25 agency funded under this title resulting from personnel
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1 actions taken in response to funding reductions included

2 in this title shall be absorbed within the total budgetary

3 resources available to such Department or agency: Pro4 vided, That the authority to transfer funds between appro5 priations accounts as may be necessary to carry out this

6 section is provided in addition to authorities included else7 where in this Act: Provided further, That use of funds to

8 carry out this section shall be treated as a reprogramming

9 of funds under section 605 of this Act and shall not be

10 available for obligation or expenditure except in compli11 ance with the procedures set forth in that section.

12 SEC. 406. None of the funds appropriated or other13 wise made available by this Act or any other Act for fiscal

14 year 1998 or any fiscal year thereafter may be obligated

15 or expended to pay for any cost incurred in—

16 (1) opening or operating any United States dip17 lomatic or consular post in the Socialist Republic of

18 Vietnam that was not operating on July 11, 1995;

19 (2) expanding any United States diplomatic or

20 consular post in the Socialist Republic of Vietnam

21 that was operating as of July 11, 1995; or

22 (3) increasing the total number of personnel as23 signed to United States diplomatic or consular posts

24 in the Socialist Republic of Vietnam in excess of the

25 total number of personnel assigned to the posts as
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1 of July 11, 1995, unless the President certifies with2 in 60 days of the beginning of each fiscal year the

3 following:

4 (A) Based upon a formal assessment of all

5 information available to the United States Gov6 ernment, the Government of the Socialist Re7 public of Vietnam is fully cooperating with the

8 United States in the following:

9 (i) Resolving discrepancy cases, live

10 sightings, and field activities.

11 (ii) Recovering and repatriating

12 American remains.

13 (iii) Accelerating efforts to provide

14 documents that will help lead to fullest

15 possible accounting of prisoners of war and

16 missing in action.

17 (iv) Providing further assistance in

18 implementing trilateral investigations with

19 Laos.

20 (B) The remains, artifacts, eyewitness ac21 counts, archival material, and other evidence

22 associated with prisoners of war and missing in

23 action recovered from crash sites, military ac24 tions, and other locations in Southeast Asia are

25 being thoroughly analyzed by the appropriate
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1 laboratories with the intent of providing surviv2 ing relatives with scientifically defensible, legal

3 determinations of death or other accountability

4 that are fully documented and available in un5 classified and unredacted form to immediate

6 family members.

7 SEC. 407. (a)(1) For purposes of implementing the

8 International Cooperative Administrative Support Services

9 program in fiscal year 1998, the amounts referred to in

10 paragraph (2) shall be transferred in accordance with the

11 provisions of subsection (b).

12 (2) Paragraph (1) applies to amounts made available

13 by title IV of this Act under the heading ‘‘ADMINISTRA14 TION OF FOREIGN AFFAIRS’’ as follows:

15 (A) $108,932,000 of the amount made available

16 under the paragraph ‘‘DIPLOMATIC AND CONSULAR

17 PROGRAMS’’.

18 (B) $3,530,000 of the amount made available

19 under the paragraph ‘‘SECURITY AND MAINTE20 NANCE OF UNITED STATES MISSIONS’’.

21 (b) Funds transferred pursuant to subsection (a)

22 shall be transferred to the specified appropriation, allo23 cated to the specified account or accounts in the specified

24 amount, be merged with funds in such account or accounts

25 that are available for administrative support expenses of
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1 overseas activities, and be available for the same purposes,

2 and subject to the same terms and conditions, as the funds

3 with which merged, as follows:

4 (1) Appropriations for the Legislative Branch—

5 (A) for the Library of Congress, for sala6 ries and expenses, $500,000; and

7 (B) for the General Accounting Office, for

8 salaries and expenses, $12,000.

9 (2) Appropriations for the Office of the United

10 States Trade Representative, for salaries and ex11 penses, $302,000.

12 (3) Appropriations for the Department of Com13 merce, for the International Trade Administration,

14 for operations and administration, $7,055,000.

15 (4) Appropriations for the Department of Jus16 tice—

17 (A) for legal activities—

18 (i) for general legal activities, for sala19 ries and expenses, $194,000; and

20 (ii) for the United States Marshals

21 Service, for salaries and expenses, $2,000;

22 (B) for the Federal Bureau of Investiga23 tion, for salaries and expenses, $2,477,000;

24 (C) for the Drug Enforcement Administra25 tion, for salaries and expenses, $6,356,000; and
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1 (D) for the Immigration and Naturaliza2 tion Service, for salaries and expenses,

3 $1,313,000.

4 (5) Appropriations for the United States Infor5 mation Agency, for international information pro6 grams, $25,047,000.

7 (6) Appropriations for the Arms Control and

8 Disarmament Agency, for arms control and disar9 mament activities, $1,247,000.

10 (7) Appropriations to the President—

11 (A) for the Foreign Military Financing

12 Program, for administrative costs, $6,660,000;

13 (B) for the Economic Support Fund,

14 $336,000;

15 (C) for the Agency for International Devel16 opment—

17 (i) for operating expenses,

18 $6,008,000;

19 (ii) for the Urban and Environmental

20 Credit Program, $54,000;

21 (iii) for the Development Assistance

22 Fund, $124,000;

23 (iv) for the Development Fund for Af24 rica, $526,000;
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1 (v) for assistance for the new inde2 pendent states of the former Soviet Union,

3 $818,000;

4 (vi) for assistance for Eastern Europe

5 and the Baltic States, $283,000; and

6 (vii) for international disaster assist7 ance, $306,000;

8 (D) for the Peace Corps, $3,672,000; and

9 (E) for the Department of State—

10 (i) for international narcotics control,

11 $1,117,000; and,

12 (ii) for migration and refugee assist13 ance, $394,000.

14 (8) Appropriations for the Department of De15 fense—

16 (A) for operation and maintenance—

17 (i) for operation and maintenance,

18 Army, $4,394,000;

19 (ii) for operation and maintenance,

20 Navy, $1,824,000;

21 (iii) for operation and maintenance,

22 Air Force, $1,603,000; and

23 (iv) for operation and maintenance,

24 Defense-Wide, $21,993,000; and
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1 (B) for procurement, for other procure2 ment, Air Force, $4,211,000.

3 (9) Appropriations for the American Battle

4 Monuments Commission, for salaries and expenses,

5 $210,000.

6 (10) Appropriations for the Department of Ag7 riculture—

8 (A) for the Animal and Plant Health In9 spection Service, for salaries and expenses,

10 $932,000;

11 (B) for the Foreign Agricultural Service

12 and General Sales Manager, $4,521,000; and

13 (C) for the Agricultural Research Service,

14 $16,000.

15 (11) Appropriations for the Department of

16 Treasury—

17 (A) for the United States Customs Service,

18 for salaries and expenses, $2,002,000;

19 (B) for departmental offices, for salaries

20 and expenses, $804,000;

21 (C) for the Internal Revenue Service, for

22 tax law enforcement, $662,000;

23 (D) for the Bureau of Alcohol, Tobacco,

24 and Firearms, for salaries and expenses,

25 $17,000;
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1 (E) for the United States Secret Service,

2 for salaries and expenses, $617,000; and

3 (F) for the Comptroller of the Currency,

4 for assessment funds, $29,000.

5 (12) Appropriations for the Department of

6 Transportation—

7 (A) for the Federal Aviation Administra8 tion, for operations, $1,594,000; and

9 (B) for the Coast Guard, for operating ex10 penses, $65,000.

11 (13) Appropriations for the Department of

12 Labor, for departmental management, for salaries

13 and expenses, $58,000.

14 (14) Appropriations for the Department of

15 Health and Human Services—

16 (A) for the National Institutes of Health,

17 for the National Cancer Institute, $42,000;

18 (B) for the Office of the Secretary, for

19 general departmental management, $71,000;

20 and

21 (C) for the Centers for Disease Control

22 and Prevention, for disease control, research,

23 and training, $522,000.

24 (15) Appropriations for the Social Security Ad25 ministration, for administrative expenses, $370,000.
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1 (16) Appropriations for the Department of the

2 Interior—

3 (A) for the United States Fish and Wild4 life Service, for resource management, $12,000;

5 (B) for the United States Geological Sur6 vey, for surveys, investigations, and research,

7 $80,000; and

8 (C) for the Bureau of Reclamation, for

9 water and related resources, $101,000.

10 (17) Appropriations for the Department of Vet11 erans Affairs, for departmental administration, for

12 general operating expenses, $453,000.

13 (18) Appropriations for the National Aero14 nautics and Space Administration, for mission sup15 port, $183,000.

16 (19) Appropriations for the National Science

17 Foundation, for research and related activities,

18 $39,000.

19 (20) Appropriations for the Federal Emergency

20 Management Agency, for salaries and expenses,

21 $4,000.

22 (21) Appropriations for the Department of En23 ergy—

24 (A) for departmental administration,

25 $150,000; and
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1 (B) for atomic energy defense activities,

2 for other defense activities, $54,000.

3 (22) Appropriations for the Nuclear Regulatory

4 Commission, for salaries and expenses, $26,000.

5 SEC. 408. (a) Notwithstanding any other provision

6 of law, the United States shall withdraw from an inter7 national organization if the President determines that the

8 amount appropriated or otherwise available for a fiscal

9 year for the payment of all assessed contributions or vol10 untary contributions (including contingency payments, ex11 traordinary payments, and emergency payments) of the

12 United States for that organization for that fiscal year is

13 less than the actual amount of such contributions for that

14 fiscal year.

15 (b)(1) The United States shall withdraw from an

16 international organization under this section in accordance

17 with the procedures identified for withdrawal in the treaty,

18 pact, agreement, charter, or other instrument of that orga19 nization which establishes such procedures.

20 (2) Unless otherwise provided for in the instrument

21 concerned, a withdrawal under this section shall be com22 pleted by the end of the fiscal year in which the withdrawal

23 is required.

24 (c) Not less than 30 days before the commencement

25 of the withdrawal of the United States from an inter-
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1 national organization under this section, the President

2 shall submit to Congress a report on the withdrawal.

3 SEC. 409. (a) Public Law 103–236 is amended—

4 (1) in the third sentence of section 253(3)(B),

5 by striking ‘‘2’’ and inserting ‘‘5’’; and

6 (2) in the second sentence of section 255(2)(A),

7 by striking ‘‘2’’ and inserting ‘‘5’’.

8 (b) Section (a) shall only apply to participants who

9 enter the program after the date of enactment of this Act.

10 This title may be cited as the ‘‘Department of State

11 and Related Agencies Appropriations Act, 1998’’.

12 TITLE V—RELATED AGENCIES

13 MARITIME ADMINISTRATION

14 OPERATING-DIFFERENTIAL SUBSIDIES

15 (LIQUIDATION OF CONTRACT AUTHORITY)

16 For the payment of obligations incurred for operat17 ing-differential subsidies, as authorized by the Merchant

18 Marine Act, 1936, as amended, $135,000,000, to remain

19 available until expended.

20 MARITIME SECURITY PROGRAM

21 For necessary expenses to maintain and preserve a

22 U.S.-flag merchant fleet to serve the national security

23 needs of the United States, $35,000,000, to remain avail24 able until expended: Provided, That these funds will be

25 available only upon enactment of an authorization for this

26 program.
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1 OPERATIONS AND TRAINING

2 For necessary expenses of operations and training ac3 tivities authorized by law, $69,000,000: Provided, That re4 imbursements may be made to this appropriation from re5 ceipts to the ‘‘Federal Ship Financing Fund’’ for adminis6 trative expenses in support of that program in addition

7 to any amount heretofore appropriated.

8 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

9 ACCOUNT

10 For the cost of guaranteed loans, as authorized by

11 the Merchant Marine Act, 1936, $29,000,000, to remain

12 available until expended: Provided, That such costs, in13 cluding the cost of modifying such loans, shall be as de14 fined in section 502 of the Congressional Budget Act of

15 1974, as amended: Provided further, That these funds are

16 available to subsidize total loan principal, any part of

17 which is to be guaranteed, not to exceed $1,000,000,000.

18 In addition, for administrative expenses to carry out

19 the guaranteed loan program, not to exceed $4,000,000,

20 which shall be transferred to and merged with the appro21 priation for Operations and Training.

22 ADMINISTRATIVE PROVISIONS—MARITIME

23 ADMINISTRATION

24 Notwithstanding any other provision of this Act, the

25 Maritime Administration is authorized to furnish utilities

26 and services and make necessary repairs in connection
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1 with any lease, contract, or occupancy involving Govern2 ment property under control of the Maritime Administra3 tion, and payments received therefor shall be credited to

4 the appropriation charged with the cost thereof: Provided,

5 That rental payments under any such lease, contract, or

6 occupancy for items other than such utilities, services, or

7 repairs shall be covered into the Treasury as miscellaneous

8 receipts.

9 No obligations shall be incurred during the current

10 fiscal year from the construction fund established by the

11 Merchant Marine Act, 1936, or otherwise, in excess of the

12 appropriations and limitations contained in this Act or in

13 any prior appropriation Act, and all receipts which other14 wise would be deposited to the credit of said fund shall

15 be covered into the Treasury as miscellaneous receipts.

16 COMMISSION FOR THE PRESERVATION OF AMERICA’S

17 HERITAGE ABROAD

18 SALARIES AND EXPENSES

19 For expenses for the Commission for the Preservation

20 of America’s Heritage Abroad, $206,000, as authorized by

21 Public Law 99–83, section 1303.

22 COMMISSION ON CIVIL RIGHTS

23 SALARIES AND EXPENSES

24 For necessary expenses of the Commission on Civil

25 Rights, including hire of passenger motor vehicles,
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1 $8,740,000: Provided, That not to exceed $50,000 may

2 be used to employ consultants: Provided further, That

3 none of the funds appropriated in this paragraph shall be

4 used to employ in excess of four full-time individuals under

5 Schedule C of the Excepted Service exclusive of one special

6 assistant for each Commissioner: Provided further, That

7 none of the funds appropriated in this paragraph shall be

8 used to reimburse Commissioners for more than 75

9 billable days, with the exception of the Chairperson who

10 is permitted 125 billable days.

11 COMMISSION ON IMMIGRATION REFORM

12 SALARIES AND EXPENSES

13 For necessary expenses of the Commission on Immi14 gration Reform pursuant to section 141(f) of the Immi15 gration Act of 1990, $459,000 to remain available until

16 expended.

17 COMMISSION ON SECURITY AND COOPERATION IN

18 EUROPE

19 SALARIES AND EXPENSES

20 For necessary expenses of the Commission on Secu21 rity and Cooperation in Europe, as authorized by Public

22 Law 94–304, $1,090,000, to remain available until ex23 pended as authorized by section 3 of Public Law 99–7.
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1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Equal Employment

4 Opportunity Commission as authorized by title VII of the

5 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

6 and 621–634), the Americans with Disabilities Act of

7 1990, and the Civil Rights Act of 1991, including services

8 as authorized by 5 U.S.C. 3109; hire of passenger motor

9 vehicles as authorized by 31 U.S.C. 1343(b); non-mone10 tary awards to private citizens; not to exceed $27,500,000,

11 for payments to State and local enforcement agencies for

12 services to the Commission pursuant to title VII of the

13 Civil Rights Act of 1964, as amended, sections 6 and 14

14 of the Age Discrimination in Employment Act, the Ameri15 cans with Disabilities Act of 1990, and the Civil Rights

16 Act of 1991; $242,000,000: Provided, That the Commis17 sion is authorized to make available for official reception

18 and representation expenses not to exceed $2,500 from

19 available funds.

20 FEDERAL COMMUNICATIONS COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Communica23 tions Commission, as authorized by law, including uni24 forms and allowances therefor, as authorized by 5 U.S.C.

25 5901–02; not to exceed $600,000 for land and structure;
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1 not to exceed $500,000 for improvement and care of

2 grounds and repair to buildings; not to exceed $4,000 for

3 official reception and representation expenses; purchase

4 (not to exceed sixteen) and hire of motor vehicles; special

5 counsel fees; and services as authorized by 5 U.S.C. 3109;

6 $185,949,000, of which not to exceed $300,000 shall re7 main available until September 30, 1998, for research and

8 policy studies: Provided, That $162,523,000 of offsetting

9 collections shall be assessed and collected pursuant to sec10 tion 9 of title I of the Communications Act of 1934, as

11 amended, and shall be retained and used for necessary ex12 penses in this appropriation, and shall remain available

13 until expended: Provided further, That the sum herein ap14 propriated shall be reduced as such offsetting collections

15 are received during fiscal year 1998 so as to result in a

16 final fiscal year 1998 appropriation estimated at

17 $23,426,000: Provided further, That any offsetting collec18 tions received in excess of $162,523,000 in fiscal year

19 1998 shall remain available until expended, but shall not

20 be available for obligation until October 1, 1998.

21 FEDERAL MARITIME COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Maritime

24 Commission as authorized by section 201(d) of the Mer25 chant Marine Act of 1936, as amended (46 App. U.S.C.
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1 1111), including services as authorized by 5 U.S.C. 3109;

2 hire of passenger motor vehicles as authorized by 31

3 U.S.C. 1343(b); and uniforms or allowances therefor, as

4 authorized by 5 U.S.C. 5901–02; $14,300,000: Provided,

5 That not to exceed $2,000 shall be available for official

6 reception and representation expenses.

7 FEDERAL TRADE COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Federal Trade Com10 mission, including uniforms or allowances therefor, as au11 thorized by 5 U.S.C. 5901–5902; services as authorized

12 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

13 not to exceed $2,000 for official reception and representa14 tion expenses; $108,000,000: Provided, That not to exceed

15 $300,000 shall be available for use to contract with a per16 son or persons for collection services in accordance with

17 the terms of 31 U.S.C. 3718, as amended: Provided fur18 ther, That notwithstanding any other provision of law, not

19 to exceed $70,000,000 of offsetting collections derived

20 from fees collected for premerger notification filings under

21 the Hart-Scott-Rodino Antitrust Improvements Act of

22 1976 (15 U.S.C. 18(a)) shall be retained and used for nec23 essary expenses in this appropriation, and shall remain

24 available until expended: Provided further, That the sum

25 herein appropriated from the General Fund shall be re-
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1 duced as such offsetting collections are received during fis2 cal year 1997, so as to result in a final fiscal year 1997

3 appropriation from the General Fund estimated at not

4 more than $28,000,000, to remain available until ex5 pended: that not more than $10,000,000 shall be available

6 from prior year unobligated fee collections: Provided fur7 ther, That any fees received in excess of $70,000,000 in

8 fiscal year 1998 shall remain available until expended, but

9 shall not be available for obligation until October 1, 1998:

10 Provided further, That none of the funds made available

11 to the Federal Trade Commission shall be available for

12 obligation for expenses authorized by section 151 of the

13 Federal Deposit Insurance Corporation Improvement Act

14 of 1991 (Public Law 102–242, 105 Stat. 2282–2285):

15 Provided further, That, for a period of one year, none of

16 the funds made available to the Federal Trade Commis17 sion shall be spent on an administrative proceeding con18 cerning the merger of two hospitals where the Commission

19 has already sought injunctive relief under 15 U.S.C.

20 53(b), and prior to July 9, 1997, a Court of Appeals has

21 affirmed the denial of the injunctive relief requested by

22 the Commission unless further review overturns the deci23 sion by the court of appeals.
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1 LEGAL SERVICES CORPORATION

2 PAYMENT TO THE LEGAL SERVICES CORPORATION

3 For payment to the Legal Services Corporation to

4 carry out the purposes of the Legal Services Corporation

5 Act of 1974, as amended, $300,000,000, of which

6 $273,070,000 is for basic field programs and required

7 independent audits; $2,019,000 is for the Office of Inspec8 tor General, of which such amounts as may be necessary

9 may be used to conduct additional audits of recipients;

10 $7,911,000 is for management and administration; and

11 $17,000,000, to remain available until expended, is for pro

12 se legal education demonstration projects.

13 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

14 CORPORATION

15 SEC. 501. (a) CONTINUATION OF COMPETITIVE SE16 LECTION PROCESS.—None of the funds appropriated in

17 this Act to the Legal Services Corporation may be used

18 to provide financial assistance to any person or entity ex19 cept through a competitive selection process conducted in

20 accordance with regulations promulgated by the Corpora21 tion in accordance with the criteria set forth in subsections

22 (c), (d), and (e) of section 503 of Public Law 104–134

23 (110 Stat. 1321–52 et seq.).

24 (b) INAPPLICABILITY OF NONCOMPETITIVE PROCE25 DURES.—For purposes of the funding provided in this

26 Act, rights under sections 1007(a)(9) and 1011 of the
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1 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

2 and 42 U.S.C. 2996j) shall not apply.

3 (c) ADDITIONAL PROCEDURES.—If, during any term

4 of a grant or contract awarded to a recipient by the Legal

5 Services Corporation under the competitive selection proc6 ess referred to in subsection (a) and applicable Legal Serv7 ices Corporation regulations, the Legal Services Corpora8 tion finds, after notice and an opportunity for a hearing

9 to the recipient, that the recipient has failed to comply

10 with any requirement of the Legal Services Corporation

11 Act (42 U.S.C. 2996 et seq.), this Act, or any other appli12 cable law relating to funding for the Legal Services Cor13 poration, the Legal Services Corporation may terminate

14 the grant or contract and institute a new competitive se15 lection process for the area served by the recipient, not16 withstanding the terms of the grant or contract of the re17 cipient.

18 SEC. 502. (a) CONTINUATION OF REQUIREMENTS

19 AND RESTRICTIONS.—None of the funds appropriated in

20 this Act to the Legal Services Corporation shall be ex21 pended for any purpose prohibited or limited by, or con22 trary to any of the provisions of—

23 (1) sections 501, 502, 505, 506, and 507 of

24 Public Law 104–134 (110 Stat. 1321–51 et seq.),

25 and all funds appropriated in this Act to the Legal
135

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1 Services Corporation shall be subject to the same

2 terms and conditions as set forth in such sections,

3 except that all references in such sections to 1995

4 and 1996 shall be deemed to refer instead to 1997

5 and 1998, respectively; and

6 (2) section 504 of Public Law 104–134 (110

7 Stat. 1321–53 et seq.), and all funds appropriated

8 in this Act to the Legal Services Corporation shall

9 be subject to the same terms and conditions set

10 forth in such section, except that—

11 (A) subsection (c) of such section 504 shall

12 not apply;

13 (B) paragraph (3) of section 508(b) of

14 Public Law 104–134 (110 Stat. 1321–58) shall

15 apply with respect to the requirements of sub16 section (a)(13) of such section 504, except that

17 all references in such section 508(b) to the date

18 of enactment shall be deemed to refer to April

19 26, 1996; and

20 (C) subsection (a)(11) of such section 504

21 shall not be construed to prohibit a recipient

22 from using funds derived from a source other

23 than the Corporation to provide related legal

24 assistance to—
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1 (i) an alien who has been battered or

2 subjected to extreme cruelty in the United

3 States by a spouse or a parent, or by a

4 member of the spouse’s or parent’s family

5 residing in the same household as the alien

6 and the spouse or parent consented or ac7 quiesced to such battery or cruelty; or

8 (ii) an alien whose child has been bat9 tered or subjected to extreme cruelty in the

10 United States by a spouse or parent of the

11 alien (without the active participation of

12 the alien in the battery or extreme cru13 elty), or by a member of the spouse’s or

14 parent’s family residing in the same house15 hold as the alien and the spouse or parent

16 consented or acquiesced to such battery or

17 cruelty, and the alien did not actively par18 ticipate in such battery or cruelty.

19 (b) DEFINITIONS.—For purposes of subsection

20 (a)(2)(C):

21 (1) The term ‘‘battered or subjected to extreme

22 cruelty’’ has the meaning given such term under reg23 ulations issued pursuant to subtitle G of the Vio24 lence Against Women Act of 1994 (Public Law 103–

25 322; 108 Stat. 1953).
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1 (2) The term ‘‘related legal assistance’’ means

2 legal assistance directly related to the prevention of,

3 or obtaining of relief from, the battery or cruelty de4 scribed in such subsection.

5 SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE6 MENTS.—The requirements of section 509 of Public Law

7 104–134 (110 Stat. 1321–58 et seq.), other than sub8 section (l) of such section, shall apply during fiscal year

9 1998.

10 (b) REQUIREMENT OF ANNUAL AUDIT.—An annual

11 audit of each person or entity receiving financial assist12 ance from the Legal Services Corporation under this Act

13 shall be conducted during fiscal year 1998 in accordance

14 with the requirements referred to in subsection (a).

15 SEC. 504. (a) DEBARMENT.—The Legal Services

16 Corporation may debar a recipient, on a showing of good

17 cause, from receiving an additional award of financial as18 sistance from the Legal Services Corporation. Any such

19 action to debar a recipient shall be instituted after the

20 Legal Services Corporation provides notice and an oppor21 tunity for a hearing to the recipient. The decision regard22 ing the debarment shall not be subject to Section 1011

23 of the Legal Services Corporation Act (42 U.S.C. 2996j).

24 (b) The Legal Services Corporation shall promulgate

25 regulations to implement this section.
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1 (c) In this section, the term ‘‘good cause’’, used with

2 respect to debarment, includes—

3 (1) prior termination of the financial assistance

4 of the recipient, under part 1640 of title 45, Code

5 of Federal Regulations (or any similar corresponding

6 regulation or ruling);

7 (2) prior termination in whole, under part 1606

8 of title 45, Code of Federal Regulations (or any

9 similar corresponding regulation or ruling), of the

10 most recent financial assistance received by the re11 cipient, prior to the date of the debarment decision;

12 (3) substantial violation by the recipient of the

13 statutory or regulatory restrictions that prohibit re14 cipients from using financial assistance made avail15 able by the Legal Services Corporation or other fi16 nancial assistance for purposes prohibited under the

17 Legal Services Corporation Act (42 U. S.C.

18 2996 et seq.) or for involvement in any activity pro19 hibited by, or inconsistent with, section 504 of the

20 Departments of Commerce, Justice, and State, the

21 Judiciary, and Related Agencies Appropriations Act,

22 1996, section 502(a)(2) of the Departments of Com23 merce, Justice, and State, the Judiciary, and Relat24 ed Agencies Appropriations Act, 1997, or section

25 502(a)(2) of this title;
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1 (4) knowing entry by the recipient into a

2 subgrant, subcontract, or other agreement with an

3 entity that had been debarred by the Corporation; or

4 (5) the filing of a lawsuit by the recipient, on

5 behalf of the recipient, as part of any program re6 ceiving any federal funds, naming the Legal Services

7 Corporation, or any agency or employee of a federal,

8 state, or local government, as a defendant.

9 MARINE MAMMAL COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Marine Mammal Com12 mission as authorized by title II of Public Law 92–522,

13 as amended, $1,240,000.

14 SECURITIES AND EXCHANGE COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses for the Securities and Ex17 change Commission, including services as authorized by

18 5 U.S.C. 3109, the rental of space (to include multiple

19 year leases) in the District of Columbia and elsewhere, and

20 not to exceed $3,000 for official reception and representa21 tion expenses, $285,412,000, of which not to exceed

22 $10,000 may be used toward funding a permanent sec23 retariat for the International Organization of Securities

24 Commissions, and of which not to exceed $100,000 shall

25 be available for expenses for consultations and meetings
140

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1 hosted by the Commission with foreign governmental and

2 other regulatory officials, members of their delegations,

3 appropriate representatives and staff to exchange views

4 concerning developments relating to securities matters, de5 velopment and implementation of cooperation agreements

6 concerning securities matters and provision of technical

7 assistance for the development of foreign securities mar8 kets, such expenses to include necessary logistic and ad9 ministrative expenses and the expenses of Commission

10 staff and foreign invitees in attendance at such consulta11 tions and meetings including: (1) such incidental expenses

12 as meals taken in the course of such attendance, (2) any

13 travel and transportation to or from such meetings, and

14 (3) any other related lodging or subsistance: Provided,

15 That fees and charges authorized by section 6(b)(4) of the

16 Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d)

17 of the Securities Exchange Act of 1934 (15 U.S.C.

18 78ee(d)) shall be credited to this account as offsetting col19 lections: Provided further, That not to exceed

20 $249,523,000 of such offsetting collections shall be avail21 able until expended for necessary expenses of this account:

22 Provided further, That the total amount appropriated from

23 the General Fund for fiscal year 1998 under this heading

24 shall be reduced as all such offsetting collections are de25 posited to this appropriation so as to result in a final total
141

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1 fiscal year 1998 appropriation from the General Fund es2 timated at no more than $35,889,000.

3 SMALL BUSINESS ADMINISTRATION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for,

6 of the Small Business Administration as authorized by

7 Public Law 103–403, including hire of passenger motor

8 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

9 not to exceed $3,500 for official reception and representa10 tion expenses, $246,100,000, of which $16,500,000 shall

11 be available to fund technical assistance grants in fiscal

12 year 1998 as authorized by section 7(m) of the Small

13 Business Act, as amended: Provided, That the Adminis14 trator is authorized to charge fees to cover the cost of pub15 lications developed by the Small Business Administration,

16 and certain loan servicing activities: Provided further,

17 That notwithstanding 31 U.S.C. 3302, revenues received

18 from all such activities shall be credited to this account,

19 to be available for carrying out these purposes without fur20 ther appropriations: Provided further, That $75,800,000

21 shall be available to fund grants for performance in fiscal

22 year 1997 or fiscal year 1998 as authorized by section

23 21 of the Small Business Act, as amended.

24 OFFICE OF INSPECTOR GENERAL

25 For necessary expenses of the Office of Inspector

26 General in carrying out the provisions of the Inspector
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1 General Act of 1978, as amended (5 U.S.C. App. 1–11,

2 as amended by Public Law 100–504), $10,600,000.

3 BUSINESS LOANS PROGRAM ACCOUNT

4 For the cost of guaranteed loans, $181,232,000, as

5 authorized by 15 U.S.C. 631 note: Provided, That such

6 costs, including the cost of modifying such loans, shall be

7 as defined in section 502 of the Congressional Budget Act

8 of 1974: Provided further, That during fiscal year 1998,

9 commitments to guarantee loans under section 503 of the

10 Small Business Investment Act of 1958, as amended, shall

11 not exceed the amount of financings authorized under sec12 tion 20(n)(2)(B) of the Small Business Act, as amended.

13 In addition, for administrative expenses to carry out

14 the direct and guaranteed loan programs, $94,000,000,

15 which may be transferred to and merged with the appro16 priations for Salaries and Expenses.

17 DISASTER LOANS PROGRAM ACCOUNT

18 For administrative expenses to carry out the direct

19 loan program, as authorized by section 7(b) of the Small

20 Business Act, as amended, $173,200,000, including not

21 to exceed $500,000 for the Office of Inspector General of

22 the Small Business Administration for audits and reviews

23 of disaster loans and the disaster loan program, and said

24 sums may be transferred to and merged with appropria25 tions for Salaries and Expenses and Office of Inspector

26 General.
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1 SURETY BOND GUARANTEES REVOLVING FUND

2 For additional capital for the ‘‘Surety Bond Guaran3 tees Revolving Fund’’, authorized by the Small Business

4 Investment Act, as amended, $3,500,000, to remain avail5 able without fiscal year limitation as authorized by 15

6 U.S.C. 631 note.

7 ADMINISTRATIVE PROVISION—SMALL BUSINESS

8 ADMINISTRATION

9 SEC. 505. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the

11 Small Business Administration in this Act may be trans12 ferred between such appropriations, but no such appro13 priation shall be increased by more than 10 percent by

14 any such transfers: Provided, That any transfer pursuant

15 to this section shall be treated as a reprogramming of

16 funds under section 605 of this Act and shall not be avail17 able for obligation or expenditure except in compliance

18 with the procedures set forth in that section.

19 STATE JUSTICE INSTITUTE

20 SALARIES AND EXPENSES

21 For necessary expenses of the State Justice Institute,

22 as authorized by the State Justice Institute Authorization

23 Act of 1992 (Public Law 102–572 (106 Stat. 4515–

24 4516)), $13,550,000, to remain available until expended:

25 Provided, That not to exceed $2,500 shall be available for

26 official reception and representation expenses.
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1 TITLE VI—GENERAL PROVISIONS

2 SEC. 601. No part of any appropriation contained in

3 this Act shall be used for publicity or propaganda purposes

4 not authorized by the Congress.

5 SEC. 602. No part of any appropriation contained in

6 this Act shall remain available for obligation beyond the

7 current fiscal year unless expressly so provided herein.

8 SEC. 603. The expenditure of any appropriation

9 under this Act for any consulting service through procure10 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

11 to those contracts where such expenditures are a matter

12 of public record and available for public inspection, except

13 where otherwise provided under existing law, or under ex14 isting Executive order issued pursuant to existing law.

15 SEC. 604. If any provision of this Act or the applica16 tion of such provision to any person or circumstances shall

17 be held invalid, the remainder of the Act and the applica18 tion of each provision to persons or circumstances other

19 than those as to which it is held invalid shall not be af20 fected thereby.

21 SEC. 605. (a) None of the funds provided under this

22 Act, or provided under previous appropriations Acts to the

23 agencies funded by this Act that remain available for obli24 gation or expenditure in fiscal year 1997, or provided from

25 any accounts in the Treasury of the United States derived
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1 by the collection of fees available to the agencies funded

2 by this Act, shall be available for obligation or expenditure

3 through a reprogramming of funds which (1) creates new

4 programs; (2) eliminates a program, project, or activity;

5 (3) increases funds or personnel by any means for any

6 project or activity for which funds have been denied or

7 restricted; (4) relocates an office or employees; (5) reorga8 nizes offices, programs, or activities; or (6) contracts out

9 or privatizes any functions, or activities presently per10 formed by Federal employees; unless the Appropriations

11 Committees of both Houses of Congress are notified fif12 teen days in advance of such reprogramming of funds.

13 (b) None of the funds provided under this Act, or

14 provided under previous appropriations Acts to the agen15 cies funded by this Act that remain available for obligation

16 or expenditure in fiscal year 1997, or provided from any

17 accounts in the Treasury of the United States derived by

18 the collection of fees available to the agencies funded by

19 this Act, shall be available for obligation or expenditure

20 for activities, programs, or projects through a reprogram21 ming of funds in excess of $500,000 or 10 percent, which22 ever is less, that (1) augments existing programs, projects,

23 or activities; (2) reduces by 10 percent funding for any

24 existing program, project, or activity, or numbers of per25 sonnel by 10 percent as approved by Congress; or (3) re-
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1 sults from any general savings from a reduction in person2 nel which would result in a change in existing programs,

3 activities, or projects as approved by Congress; unless the

4 Appropriations Committees of both Houses of Congress

5 are notified fifteen days in advance of such reprogram6 ming of funds.

7 SEC. 606. None of the funds made available in this

8 Act may be used for the construction, repair (other than

9 emergency repair), overhaul, conversion, or modernization

10 of vessels for the National Oceanic and Atmospheric Ad11 ministration in shipyards located outside of the United

12 States.

13 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

14 EQUIPMENT AND PRODUCTS. —It is the sense of the Con15 gress that, to the greatest extent practicable, all equip16 ment and products purchased with funds made available

17 in this Act should be American-made.

18 (b) NOTICE REQUIREMENT.—In providing financial

19 assistance to, or entering into any contract with, any en20 tity using funds made available in this Act, the head of

21 each Federal agency, to the greatest extent practicable,

22 shall provide to such entity a notice describing the state23 ment made in subsection (a) by the Congress.

24 (c) PROHIBITION OF CONTRACTS WITH PERSONS

25 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
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1 If it has been finally determined by a court or Federal

2 agency that any person intentionally affixed a label bear3 ing a ‘‘Made in America’’ inscription, or any inscription

4 with the same meaning, to any product sold in or shipped

5 to the United States that is not made in the United

6 States, the person shall be ineligible to receive any con7 tract or subcontract made with funds made available in

8 this Act, pursuant to the debarment, suspension, and ineli9 gibility procedures described in sections 9.400 through

10 9.409 of title 48, Code of Federal Regulations.

11 SEC. 608. None of the funds made available in this

12 Act may be used to implement, administer, or enforce any

13 guidelines of the Equal Employment Opportunity Com14 mission covering harassment based on religion, when it is

15 made known to the Federal entity or official to which such

16 funds are made available that such guidelines do not differ

17 in any respect from the proposed guidelines published by

18 the Commission on October 1, 1993 (58 Fed. Reg.

19 51266).

20 SEC. 609. None of the funds made available in this

21 Act shall be used to provide the following amenities or per22 sonal comforts in the Federal prison system—

23 (1) in-cell television viewing except for prisoners

24 who are segregated from the general prison popu25 lation for their own safety;
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1 (2) the viewing of R, X, and NC–17 rated mov2 ies, through whatever medium presented;

3 (3) any instruction (live or through broadcasts)

4 or training equipment for boxing, wrestling, judo,

5 karate, or other martial art, or any bodybuilding or

6 weightlifting equipment of any sort;

7 (4) possession of in-cell coffee pots, hot plates

8 or heating elements; or

9 (5) the use or possession of any electric or elec10 tronic musical instrument.

11 SEC. 610. Any costs incurred by a Department or

12 agency funded under this Act resulting from personnel ac13 tions taken in response to funding reductions included in

14 this Act shall be absorbed within the total budgetary re15 sources available to such Department or agency: Provided,

16 That the authority to transfer funds between appropria17 tions accounts as may be necessary to carry out this sec18 tion is provided in addition to authorities included else19 where in this Act: Provided further, That use of funds to

20 carry out this section shall be treated as a reprogramming

21 of funds under section 605 of this Act and shall not be

22 available for obligation or expenditure except in compli23 ance with the procedures set forth in that section.

24 SEC. 611. None of the funds made available in this

25 Act to the Federal Bureau of Prisons may be used to dis-
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1 tribute or make available any commercially published in2 formation or material to a prisoner when it is made known

3 to the Federal official having authority to obligate or ex4 pend such funds that such information or material is sexu5 ally explicit or features nudity.

6 TITLE VII—RESCISSIONS

7 DEPARTMENT OF JUSTICE

8 GENERAL ADMINISTRATION

9 WORKING CAPITAL FUND

10 (RESCISSION)

11 Of the unobligated balances available under this

12 heading on September 30, 1997, $30,310,000 are re13 scinded.

14 This Act may be cited as the ‘‘Departments of Com15 merce, Justice, and State, the Judiciary, and Related

16 Agencies Appropriations Act, 1998’’.