Calendar No. 568

104TH CONGRESS

2D SESSION H. R. 3814

[Report No. 104–353]

AN ACT

Making appropriations for the Departments of

tember 30, 1997, and for other purposes.related agencies for the fiscal year ending SepCommerce, Justice, and State, the Judiciary, and

AUGUST 27, 1996

Reported under authority of the order of the Senate

August 2, 1996 with amendments
II

Calendar No. 568

104TH CONGRESS

2D SESSION H. R. 3814

[Report No. 104–353]

IN THE SENATE OF THE UNITED STATES

JULY 25, 1996

Received; read twice and referred to the Committee on Appropriations

AUGUST 27, 1996

Reported under authority of the order of the Senate of August 2, 1996 by

Mr. GREGG, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

Making appropriations for the Departments of Commerce,

Justice, and State, the Judiciary, and related agencies

for the fiscal year ending September 30, 1997, 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 fiscal year ending September 30, 1997, and for other pur6 poses, namely:
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1 TITLE I—DEPARTMENT OF JUSTICE

2 GENERAL ADMINISTRATION

3 SALARIES AND EXPENSES

4 For expenses necessary for the administration of the

5 Department of Justice, $71,493,000; of which not to ex6 ceed $3,317,000 is for the Facilities Program 2000, to

7 remain available until expended: Provided, That not to ex8 ceed 43 permanent positions and 44 full-time equivalent

9 workyears and $7,477,000 shall be expended for the De10 partment Leadership Program only for the Offices of the

11 Attorney General and the Deputy Attorney General, exclu12 sive of augmentation that occurred in these offices in fiscal

13 year 1996: Provided further, That not to exceed 71 perma14 nent positions and 85 full-time equivalent workyears and

15 $8,987,000 shall be expended for the Offices of Legislative

16 Affairs, Public Affairs and Policy Development: Provided

17 further, That the latter three aforementioned offices shall

18 not be augmented by personnel details, temporary trans19 fers of personnel on either a reimbursable or non-reim20 bursable basis or any other type of formal or informal

21 transfer or reimbursement of personnel or funds on either

22 a temporary or long-term basis.

23 For expenses necessary for the administration of the

24 Department of Justice, $70,653,000; of which not to exceed

25 $3,317,000 is for the Facilities Program 2000, to remain
3

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1 available until expended: Provided, That not to exceed 43

2 permanent positions and 44 full-time equivalent workyears

3 and $7,477,000 shall be expended for the Department Lead4 ership Program exclusive of augmentation that occurred in

5 these offices in fiscal year 1996: Provided further, That not

6 to exceed 41 permanent positions and 48 full-time equiva7 lent workyears and $4,660,000 shall be expended for the Of8 fices of Legislative Affairs and Public Affairs: Provided fur9 ther, That the latter two aforementioned offices shall not

10 be augmented by personnel details, temporary transfers of

11 personnel on either a reimbursable or non-reimbursable

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

13 reimbursement of personnel or funds on either a temporary

14 or long-term basis.

15 In addition, for reimbursement of expenses associated

16 with implementation of drug testing initiatives for persons

17 arrested and convicted of Federal offenses, $7,000,000, to

18 remain available until expended.

19 COUNTERTERRORISM FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses, as determined by the Attor22 ney General, $9,450,000 $40,000,000, to remain available

23 until expended, to reimburse any Department of Justice

24 organization for (1) the costs incurred in reestablishing

25 the operational capability of an office or facility which has

26 been damaged or destroyed as a result of the bombing of
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1 the Alfred P. Murrah Federal Building in Oklahoma City

2 or any domestic or international terrorist incident, (2) the

3 costs of providing support to counter, investigate or pros4 ecute domestic or international terrorism, including pay5 ment of rewards in connection with these activities, and

6 (3) the costs of conducting a terrorism threat assessment

7 of Federal agencies and their facilities: Provided, That not8 withstanding any other provision of law, of the total

9 amount provided under this heading, $8,400,000 shall be

10 made available to ‘‘Department of State, Diplomatic and

11 Consular Programs’’ for security enhancements at overseas

12 posts: Provided further, That notwithstanding any other

13 provision of law, of the total amount provided under this

14 heading, $2,500,000 shall be made available to ‘‘Depart15 ment of Commerce, Bureau of Export Administration’’ for

16 increased on-board criminal investigator staff: Provided

17 further, That notwithstanding any other provision of law,

18 of the total amount provided under this heading, $4,000,000

19 shall be made available to the Judiciary ‘‘Courts of Appeals,

20 District Courts, and Other Judicial Services, Court Secu21 rity’’ for enhanced court security: Provided further, That

22 notwithstanding any other provision of law, of the total

23 amount provided under this heading, $3,000,000 shall be

24 made available to ‘‘United States Information Agency,

25 International Broadcasting Operations’’ for increased
5

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1 broadcasting operations targeting State sponsors of terror2 ism: Provided further, That funds provided under this

3 heading shall be available only after the Attorney General

4 notifies the Committees on Appropriations of the House

5 of Representatives and the Senate in accordance with sec6 tion 605 of this Act.

7 ADMINISTRATIVE REVIEW AND APPEALS

8 For expenses necessary for the administration of par9 don and clemency petitions and immigration related activi10 ties, $64,000,000 $59,909,000.

11 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

12 REVIEW AND APPEALS

13 For activities authorized by section 130005 of the

14 Violent Crime Control and Law Enforcement Act of 1994

15 (Public Law 103–322), as amended, $48,000,000, to re16 main available until expended, which shall be derived from

17 the Violent Crime Reduction Trust Fund.

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector

20 General in carrying out the provisions of the Inspector

21 General Act of 1978, as amended, $31,960,000; including

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

23 a confidential character, to be expended under the direc24 tion of, and to be accounted for solely under the certificate

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

26 maintenance, and operation of motor vehicles, without re-
6

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1 gard to the general purchase price limitation for the cur2 rent fiscal year.

3 UNITED STATES PAROLE COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the United States Parole

6 Commission as authorized by law, $4,490,000 $5,201,000.

7 LEGAL ACTIVITIES

8 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

9 For expenses, necessary for the legal activities of the

10 Department of Justice, not otherwise provided for, includ11 ing not to exceed $20,000 for expenses of collecting evi12 dence, to be expended under the direction of, and to be

13 accounted for solely under the certificate of, the Attorney

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

15 in the District of Columbia; $420,793,000 $421,278,000;

16 of which not to exceed $10,000,000 for litigation support

17 contracts shall remain available until expended: Provided,

18 That of the funds available in this appropriation, not to

19 exceed $17,525,000 shall remain available until expended

20 for office automation systems for the legal divisions cov21 ered by this appropriation, and for the United States At22 torneys, the Antitrust Division, and offices funded through

23 ‘‘Salaries and Expenses’’, General Administration: Pro24 vided further, That of the total amount appropriated, not

25 to exceed $1,000 shall be available to the United States
7

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1 National Central Bureau, INTERPOL, for official recep2 tion and representation expenses: Provided further, That

3 notwithstanding 31 U.S.C. 1342, the Attorney General

4 may accept on behalf of the United States, and credit to

5 this appropriation, gifts of money, personal property and

6 services, for the purposes of hosting the International

7 Criminal Police Organization’s (INTERPOL) American

8 Regional Conference in the United States during fiscal

9 year 1997.

10 In addition, for reimbursement of expenses of the De11 partment of Justice associated with processing cases

12 under the National Childhood Vaccine Injury Act of 1986

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

14 from the Vaccine Injury Compensation Trust Fund.

15 VIOLENT CRIME REDUCTION PROGRAMS,

16 GENERAL LEGAL ACTIVITIES

17 For the expeditious deportation of denied asylum ap18 plicants, as authorized by section 130005 of the Violent

19 Crime Control and Law Enforcement Act of 1994 (Public

20 Law 103–322), as amended, $7,750,000, to remain avail21 able until expended, which shall be derived from the Vio22 lent Crime Reduction Trust Fund.

23 SALARIES AND EXPENSES, ANTITRUST DIVISION

24 For expenses necessary for the enforcement of anti25 trust and kindred laws, $76,447,000: Provided, That not26 withstanding any other provision of law, not to exceed
8

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1 $58,905,000 of offsetting collections derived from fees col2 lected for premerger notification filings under the Hart3 Scott-Rodino Antitrust Improvements Act of 1976 (15

4 U.S.C. 18(a)) shall be retained and used for necessary ex5 penses in this appropriation, and shall remain available

6 until expended: Provided further, That the sum herein ap7 propriated from the General Fund shall be reduced as

8 such offsetting collections are received during fiscal year

9 1997, so as to result in a final fiscal year 1997 appropria10 tion from the General Fund estimated at not more than

11 $17,542,000: Provided further, That any fees received in

12 excess of $58,905,000 in fiscal year 1997, shall remain

13 available until expended, but shall not be available for obli14 gation until October 1, 1997.

15 For expenses necessary for the enforcement of antitrust

16 and kindred laws, $94,979,000: Provided, That, notwith17 standing any other provision of law, $94,979,000 of offset18 ting collections derived from fees collected for premerger no19 tification filings under the Hart-Scott-Rodino Antitrust

20 Improvements Act of 1976 (Public Law 94–435, 201, 90

21 Stat. 1390, codified as amended at 15 U.S.C. 18a) shall

22 be retained and used for necessary expenses in this appro23 priation and remain available until expended: Provided

24 further, That the sum herein appropriated from the General

25 Fund shall be reduced as such offsetting collections are re-
9

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1 ceived during fiscal year 1997, so as to result in a final

2 fiscal year 1997 appropriation from the General Fund esti3 mated at $0: Provided further, That any such fees received

4 in excess of $94,979,000 in fiscal year 1997 shall remain

5 available until expended but shall not be available for obli6 gation until October 1, 1997.

7 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

8 For necessary expenses of the Office of the United

9 States Attorneys, including intergovernmental agree10 ments, $931,029,000 $934,316,000; of which not to exceed

11 $2,500,000 shall be available until September 30, 1998,

12 for the purposes of (1) providing training of personnel of

13 the Department of Justice in debt collection, (2) providing

14 services to the Department of Justice related to locating

15 debtors and their property, such as title searches, debtor

16 skiptracing, asset searches, credit reports and other inves17 tigations, (3) paying the costs of the Department of Jus18 tice for the sale of property not covered by the sale pro19 ceeds, such as auctioneers’ fees and expenses, maintenance

20 and protection of property and businesses, advertising and

21 title search and surveying costs, and (4) paying the costs

22 of processing and tracking debts owed to the United

23 States Government: Provided, That of the total amount

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

25 official reception and representation expenses: Provided

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

HR 3814 RS

1 available for automated litigation support contracts shall

2 remain available until expended:–Provided further, That in

3 addition to reimbursable full-time equivalent workyears

4 available to the Office of the United States Attorneys, not

5 to exceed 8,758 positions and 8,989 full-time equivalent

6 workyears shall be supported from the funds appropriated

7 in this Act for the United States Attorneys.

8 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

9 ATTORNEYS

10 For activities authorized by sections 40114, 130005,

11 190001(b), 190001(d) and 250005 of the Violent Crime

12 Control and Law Enforcement Act of 1994 (Public Law

13 103–322), as amended, and section 815 of the

14 Antiterrorism and Effective Death Penalty Act of 1996

15 (Public Law 104–132), $43,876,000 $31,000,000, to re16 main available until expended, which shall be derived from

17 the Violent Crime Reduction Trust Fund, of which

18 $22,166,000 shall be available to help meet the increased

19 demands for litigation and related activities, $500,000 for

20 telemarketing fraud, $10,577,000 for Southwest Border

21 Control, $1,000,000 for Federal victim counselors, and

22 $9,633,000 for expeditious deportation of denied asylum

23 applicants $1,000,000 shall be available for Federal victim

24 counselors, and $9,633,000 shall be available for expeditious

25 deportation of denied asylum applicants.
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1 UNITED STATES TRUSTEE SYSTEM FUND

2 For necessary expenses of the United States Trustee

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

4 $107,950,000, to remain available until expended and to

5 be derived from the United States Trustee System Fund:

6 Provided, That notwithstanding any other provision of

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

8 amounts as may be necessary to pay refunds due deposi9 tors: Provided further, That notwithstanding any other

10 provision of law, $107,950,000 of offsetting collections de11 rived from fees collected pursuant to 28 U.S.C. 589a(b)

12 shall be retained and used for necessary expenses in this

13 appropriation and remain available until expended: Pro14 vided further, That the sum herein appropriated from the

15 Fund shall be reduced as such offsetting collections are

16 received during fiscal year 1997, so as to result in a final

17 fiscal year 1997 appropriation from the Fund estimated

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

19 excess of $107,950,000 in fiscal year 1997 shall remain

20 available until expended but shall not be available for obli21 gation until October 1, 1997.

22 SALARIES AND EXPENSES, FOREIGN CLAIMS

23 SETTLEMENT COMMISSION

24 For expenses necessary to carry out the activities of

25 the Foreign Claims Settlement Commission, including
12

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1 services as authorized by 5 U.S.C. 3109, $878,000

2 $953,000.

3 SALARIES AND EXPENSES, UNITED STATES MARSHALS

4 SERVICE

5 For necessary expenses of the United States Mar6 shals Service; including the acquisition, lease, mainte7 nance, and operation of vehicles and aircraft, and the pur8 chase of passenger motor vehicles for police-type use, with9 out regard to the general purchase price limitation for the

10 current fiscal year, $460,214,000 $457,495,000, as author11 ized by 28 U.S.C. 561(i); of which not to exceed $6,000

12 shall be available for official reception and representation

13 expenses; and of which not to exceed $4,000,000 for devel14 opment, implementation, maintenance and support, and

15 training for an automated prisoner information system,

16 and $2,200,000 to support the Justice Prisoner and Alien

17 Transportation System, shall remain available until ex18 pended: Provided, That, with respect to the amounts ap19 propriated above, the service of maintaining and trans20 porting State, local, or territorial prisoners shall be consid21 ered a specialized or technical service for purposes of 31

22 U.S.C. 6505, and any prisoners so transported shall be

23 considered persons (transported for other than commercial

24 purposes) whose presence is associated with the perform25 ance of a governmental function for purposes of 49 U.S.C.

26 40102: Provided further, That not to exceed 12 permanent
13

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1 positions and 12 full-time equivalent workyears and

2 $700,000 shall be expended for the Offices of Legislative Af3 fairs and Public Affairs: Provided further, That the latter

4 two aforementioned offices shall not be augmented by per5 sonnel details, temporary transfers of personnel on either

6 a reimbursable or nonreimbursable basis or any other type

7 of formal or informal transfer or reimbursement of person8 nel or funds on either a temporary or long-term basis.

9 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

10 MARSHALS SERVICE

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

12 Violent Crime Control and Law Enforcement Act of 1994

13 (Public Law 103–322), as amended, $25,000,000, to re14 main available until expended, which shall be derived from

15 the Violent Crime Reduction Trust Fund.

16 FEDERAL PRISONER DETENTION

17 For expenses, related to United States prisoners in

18 the custody of the United States Marshals Service as au19 thorized in 18 U.S.C. 4013, but not including expenses

20 otherwise provided for in appropriations available to the

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

22 U.S.C. 561(i), to remain available until expended: Pro23 vided, That this appropriation hereafter shall not be avail24 able for expenses authorized under 18 U.S.C. 4013(a)(4).
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1 FEES AND EXPENSES OF WITNESSES

2 For expenses, mileage, compensation, and per diems

3 of witnesses, for expenses of contracts for the procurement

4 and supervision of expert witnesses, for private counsel ex5 penses, and for per diems in lieu of subsistence, as author6 ized by law, including advances, $100,702,000

7 $102,702,000, to remain available until expended; of which

8 not to exceed $4,750,000 may be made available for plan9 ning, construction, renovations, maintenance, remodeling,

10 and repair of buildings, and the purchase of equipment

11 incident thereto, for protected witness safesites; of which

12 not to exceed $1,000,000 may be made available for the

13 purchase and maintenance of armored vehicles for trans14 portation of protected witnesses; and of which not to ex15 ceed $4,000,000 may be made available for the purchase,

16 installation and maintenance of a secure, automated infor17 mation network to store and retrieve the identities and

18 locations of protected witnesses; and $2,000,000 shall be

19 available for Alternative Dispute Resolution.

20 SALARIES AND EXPENSES, COMMUNITY RELATIONS

21 SERVICE

22 For necessary expenses of the Community Relations

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

24 1964, $5,319,000: Provided, That notwithstanding any

25 other provision of law, upon a determination by the Attor26 ney General that emergent circumstances require addi-
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1 tional funding for conflict prevention and resolution activi2 ties of the Community Relations Service, the Attorney

3 General may transfer such amounts to the Community Re4 lations Service, from available appropriations for the cur5 rent fiscal year for the Department of Justice, as may be

6 necessary to respond to such circumstances: Provided fur7 ther, That any transfer pursuant to this paragraph shall

8 be treated as a reprogramming under section 605 of this

9 Act and shall not be available for obligation or expenditure

10 except in compliance with the procedures set forth in that

11 section.

12 ASSETS FORFEITURE FUND

13 For expenses authorized by 28 U.S.C. 524(c)(1)

14 (A)(ii), (B), (C), (F), and (G), as amended, $30,000,000

15 (reduced by $14,000,000), to be derived from the Depart16 ment of Justice Assets Forfeiture Fund.

17 RADIATION EXPOSURE COMPENSATION

18 ADMINISTRATIVE EXPENSES

19 For necessary administrative expenses in accordance

20 with the Radiation Exposure Compensation Act,

21 $2,000,000.

22 PAYMENT TO RADIATION EXPOSURE COMPENSATION

23 TRUST FUND

24 For payments to the Radiation Exposure Compensa25 tion Trust Fund, $13,736,000, not to be available for ob26 ligation until September 30, 1997.
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1 INTERAGENCY LAW ENFORCEMENT

2 INTERAGENCY CRIME AND DRUG ENFORCEMENT

3 For necessary expenses for the detection, investiga4 tion, and prosecution of individuals involved in organized

5 crime drug trafficking not otherwise provided for, to in6 clude intergovernmental agreements with State and local

7 law enforcement agencies engaged in the investigation and

8 prosecution of individuals involved in organized crime drug

9 trafficking, $372,017,000 $352,461,000, of which

10 $50,000,000 shall remain available until expended: Pro11 vided, That any amounts obligated from appropriations

12 under this heading may be used under authorities avail13 able to the organizations reimbursed from this appropria14 tion: Provided further, That any unobligated balances re15 maining available at the end of the fiscal year shall revert

16 to the Attorney General for reallocation among participat17 ing organizations in succeeding fiscal years, subject to the

18 reprogramming procedures described in section 605 of this

19 Act: Provided further, That this shall be the final Federal

20 payment to this account.

21 FEDERAL BUREAU OF INVESTIGATION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Federal Bureau of In24 vestigation for detection, investigation, and prosecution of

25 crimes against the United States; including purchase for
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1 police-type use of not to exceed 2,706 passenger motor ve2 hicles, of which 1,945 will be for replacement only, without

3 regard to the general purchase price limitation for the cur4 rent fiscal year, and hire of passenger motor vehicles; ac5 quisition, lease, maintenance, and operation of aircraft;

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

7 of a confidential character, to be expended under the di8 rection of, and to be accounted for solely under the certifi9 cate of, the Attorney General; $2,528,706,000

10 $2,490,653,000, of which not to exceed $50,000,000 for

11 automated data processing and telecommunications and

12 technical investigative equipment and $1,000,000 for un13 dercover operations shall remain available until September

14 30, 1998; of which not less than $133,081,000

15 $195,200,000 shall be for counterterrorism investigations,

16 foreign counterintelligence, and other activities related to

17 our national security; of which not to exceed $98,400,000

18 shall remain available until expended; and of which not

19 to exceed $10,000,000 is authorized to be made available

20 for making payments or advances for expenses arising out

21 of contractual or reimbursable agreements with State and

22 local law enforcement agencies while engaged in coopera23 tive activities related to violent crime, terrorism, organized

24 crime, and drug investigations; and of which $1,500,000

25 shall be available to maintain an independent program of-
18

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1 fice dedicated solely to the relocation of the Criminal Jus2 tice Information Services Division and the automation of

3 fingerprint identification services: Provided, That not to

4 exceed $45,000 shall be available for official reception and

5 representation expenses: Provided further, That not to ex6 ceed 81 permanent positions and 85 full-time equivalent

7 workyears and $5,759,000 shall be expended for the Office

8 of Legislative Affairs or Public Affairs: Provided further,

9 That the latter two aforementioned offices shall not be aug10 mented by personnel details, temporary transfers of person11 nel on either a reimbursable or nonreimbursable basis or

12 any other type of formal or informal transfer or reimburse13 ment of personnel or funds on either a temporary or long14 term basis.

15 VIOLENT CRIME REDUCTION PROGRAMS

16 For activities authorized by the Violent Crime Con17 trol and Law Enforcement Act of 1994 (Public Law 103–

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

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

20 Antiterrorism Act’’), $153,000,000, to remain available

21 until expended, which shall be derived from the Violent

22 Crime Reduction Trust Fund; of which $56,077,000 shall

23 be for activities authorized by section 190001(c) of the

24 1994 Act and section 811 of the Antiterrorism Act;

25 $76,423,000 shall be for activities authorized by section

26 190001(b) of the 1994 Act, of which $20,240,000 shall
19

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1 be for activities authorized by section 103 of the Brady

2 Handgun Violence Prevention Act (Public Law 103–159),

3 as amended; $4,000,000 shall be for training and inves4 tigative assistance authorized by section 210501 of the

5 1994 Act; $9,500,000 shall be for grants to States, as au6 thorized by section 811(b) of the Antiterrorism Act;

7 $5,500,000 shall be for establishing DNA quality-assur8 ance and proficiency-testing standards, establishing an

9 index to facilitate law enforcement exchange of DNA iden10 tification information, and related activities authorized by

11 section 210501 of the 1994 Act;–and $1,500,000 shall be

12 for investigative support for Senior Citizens Against Mar13 keting Scams, as authorized by section 250005 of the

14 1994 Act.

15 For activities authorized by the Violent Crime Control

16 and Law Enforcement Act of 1994 (Public Law 103–322)

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

18 Effective Death Penalty Act of 1996 (‘‘the Antiterrorism

19 Act’’), $160,000,000, to remain available until expended,

20 which shall be derived from the Violent Crime Reduction

21 Trust Fund; of which $76,356,000 shall be for activities au22 thorized by section 190001(c) of the 1994 Act and section

23 811 of the Antiterrorism Act; $44,404,000 shall be for ac24 tivities authorized by section 190001(b) of the 1994 Act, of

25 which $20,240,000 shall be for activities authorized by sec-
20

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1 tion 103 of the Brady Handgun Violence Prevention Act

2 (Public Law 103–159), as amended; $4,000,000 shall be for

3 training and investigative assistance authorized by section

4 210501 of the 1994 Act; $9,500,000 shall be for grants to

5 States, as authorized by section 811(b) of the Antiterrorism

6 Act; and $5,500,000 shall be for establishing DNA quality7 assurance and proficiency-testing standards, establishing

8 an index to facilitate law enforcement exchange of DNA

9 identification information, and related activities authorized

10 by section 210501 of the 1994 Act.

11 CONSTRUCTION

12 For necessary expenses to construct or acquire build13 ings and sites by purchase, or as otherwise authorized by

14 law (including equipment for such buildings); conversion

15 and extension of federally-owned buildings; and prelimi16 nary planning and design of projects; $55,676,000, to re17 main available until expended.

18 CONSTRUCTION

19 VIOLENT CRIME REDUCTION PROGRAMS

20 For activities authorized by section 811 of the

21 Antiterrorism and Effective Death Penalty Act,

22 $28,144,000, to remain available until expended, which

23 shall be derived from the Violent Crime Reduction Trust

24 Fund.
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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 1,158 passenger motor vehicles, of

13 which 1,032 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; $733,038,000

17 $759,000,000, of which not to exceed $1,800,000 for re18 search and $15,000,000 for transfer to the Drug Diver19 sion Control Fee Account for operating expenses shall re20 main available until expended, and of which not to exceed

21 $4,000,000 for purchase of evidence and payments for in22 formation, not to exceed $4,000,000 for contracting for

23 automated data processing and telecommunications equip24 ment, and not to exceed $2,000,000 for laboratory equip25 ment, $4,000,000 for technical equipment, and
22

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1 $2,000,000 for aircraft replacement retrofit and parts,

2 shall remain available until September 30, 1998; and of

3 which not to exceed $50,000 shall be available for official

4 reception and representation expenses: Provided, That not

5 to exceed 25 permanent positions and 25 full-time equiva6 lent workyears and $1,828,000 shall be expended for the Of7 fice of Legislative Affairs or Public Affairs: Provided fur8 ther, That the latter two aforementioned offices shall not

9 be augmented by personnel details, temporary transfers of

10 personnel on either a reimbursable or nonreimbursable basis

11 or any other type of formal or informal transfer or reim12 bursement of personnel or funds on either a temporary or

13 long-term basis.

14 VIOLENT CRIME REDUCTION PROGRAMS

15 (INCLUDING TRANSFER OF FUNDS)

16 For activities authorized by sections 180104 and

17 190001(b) of the Violent Crime Control and Law Enforce18 ment Act of 1994 (Public Law 103–322), as amended,

19 and section 814 of the Antiterrorism and Effective Death

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

21 purchase of passenger motor vehicles for police-type use,

22 as otherwise authorized in this title, $243,000,000

23 $165,000,000, to remain available until expended, which

24 shall be derived from the Violent Crime Reduction Trust

25 Fund:–Provided, That $71,000,000 shall be derived by

26 transfer from Community Oriented Policing Services, Vio-
23

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1 lent Crime Reduction Programs, for the purpose of provid2 ing State and local police officers with equipment, convey3 ances, overtime and other expenses associated with their

4 participation on drug task forces.

5 CONSTRUCTION

6 VIOLENT CRIME REDUCTION PROGRAMS

7 For activities authorized by section 811(a)(1)(C) of the

8 Antiterrorism and Effective Death Penalty Act,

9 $36,306,000, to remain available until expended, which

10 shall be derived from the Violent Crime Reduction Trust

11 Fund.

12 IMMIGRATION AND NATURALIZATION SERVICE

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For expenses, not otherwise provided for, necessary

16 for the administration and enforcement of the laws relat17 ing to immigration, naturalization, and alien registration,

18 including not to exceed $50,000 to meet unforeseen emer19 gencies of a confidential character, to be expended under

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

21 certificate of, the Attorney General; purchase for police22 type use (not to exceed 2,691, of which 1,711 are for re23 placement only), without regard to the general purchase

24 price limitation for the current fiscal year, and hire of pas25 senger motor vehicles; acquisition, lease, maintenance and

26 operation of aircraft; and research related to immigration
24

HR 3814 RS

1 enforcement; $1,667,614,000 $1,434,149,000, of which not

2 to exceed $400,000 for research shall remain available

3 until expended; and of which not to exceed $10,000,000

4 shall be available for costs associated with the training

5 program for basic officer training, and $5,000,000 is for

6 payments or advances arising out of contractual or reim7 bursable agreements with State and local law enforcement

8 agencies while engaged in cooperative activities related to

9 immigration: Provided, That none of the funds available

10 to the Immigration and Naturalization Service shall be

11 available to pay any employee overtime pay in an amount

12 in excess of $30,000 during the calendar year beginning

13 January 1, 1997: Provided further, That uniforms may be

14 purchased without regard to the general purchase price

15 limitation for the current fiscal year: Provided further,

16 That not to exceed $5,000 shall be available for official

17 reception and representation expenses: Provided further,

18 That none of the funds provided in this or any other Act

19 shall be used for the continued operation of the San

20 Clemente and Temecula checkpoints unless the check21 points are open and traffic is being checked on a continu22 ous 24-hour basis: Provided further, That the Land Border

23 Fee Pilot Project scheduled to end September 30, 1996,

24 is extended to September 30, 1999 for projects on both

25 the northern and southern borders of the United States,
25

HR 3814 RS

1 except that no pilot program may implement a universal

2 land border crossing toll: Provided further, That obligated

3 and unobligated balances available to ‘‘Salaries and Ex4 penses, Community Relations Service’’ under section 501(c)

5 of the Refugee Education Assistance Act of 1980 are trans6 ferred to this account and shall remain available until ex7 pended.

8 VIOLENT CRIME REDUCTION PROGRAMS

9 For activities authorized by sections 130002,

10 130005, 130006, 130007, and 190001(b) of the Violent

11 Crime Control and Law Enforcement Act of 1994 (Public

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

13 Antiterrorism and Effective Death Penalty Act of 1996

14 (Public Law 104–132), $500,168,000 $539,476,000, to re15 main available until expended, which will be derived from

16 the Violent Crime Reduction Trust Fund, of which

17 $95,784,000 shall be for expeditious deportation of denied

18 asylum applicants, $287,857,000 $327,165,000 shall be for

19 improving border controls, and $116,527,000 shall be for

20 detention and deportation proceedings: Provided, That

21 amounts not required for asylum processing provided

22 under the expeditious deportation of denied asylum appli23 cants shall also be available for other deportation program

24 activities.
26

HR 3814 RS

1 CONSTRUCTION

2 For planning, construction, renovation, equipping,

3 and maintenance of buildings and facilities necessary for

4 the administration and enforcement of the laws relating

5 to immigration, naturalization, and alien registration, not

6 otherwise provided for, $9,841,000 $5,541,000, to remain

7 available until expended.

8 FEDERAL PRISON SYSTEM

9 SALARIES AND EXPENSES

10 For expenses necessary for the administration, oper11 ation, and maintenance of Federal penal and correctional

12 institutions, including purchase (not to exceed 836, of

13 which 572 are for replacement only), and hire of law en14 forcement and passenger motor vehicles; and for the provi15 sion of technical assistance and advice on corrections re16 lated issues to foreign governments; $2,817,816,000 (re17 duced by $45,000,000) $2,768,316,000: Provided, That the

18 Attorney General may transfer to the Health Resources

19 and Services Administration such amounts as may be nec20 essary for direct expenditures by that Administration for

21 medical relief for inmates of Federal penal and correc22 tional institutions: Provided further, That the Director of

23 the Federal Prison System (FPS), where necessary, may

24 enter into contracts with a fiscal agent/fiscal intermediary

25 claims processor to determine the amounts payable to per-
27

HR 3814 RS

1 sons who, on behalf of the FPS, furnish health services

2 to individuals committed to the custody of the FPS: Pro3 vided further, That uniforms may be purchased without

4 regard to the general purchase price limitation for the cur5 rent fiscal year: Provided further, That not to exceed

6 $6,000 shall be available for official reception and rep7 resentation expenses: Provided further, That not to exceed

8 $50,000,000 $90,000,000 for the activation of new facili9 ties shall remain available until September 30, 1998: Pro10 vided further, That of the amounts provided for Contract

11 Confinement, not to exceed $20,000,000 shall remain

12 available until expended to make payments in advance for

13 grants, contracts and reimbursable agreements, and other

14 expenses authorized by section 501(c) of the Refugee Edu15 cation Assistance Act of 1980, as amended, for the care

16 and security in the United States of Cuban and Haitian

17 entrants: Provided further, That notwithstanding section

18 4(d) of the Service Contract Act of 1965 (41 U.S.C.

19 353(d)), FPS may enter into contracts and other agree20 ments with private entities for periods of not to exceed

21 3 years and 7 additional option years for the confinement

22 of Federal prisoners: Provided further, That the National

23 Institute of Corrections hereafter shall be included in the

24 FPS Salaries and Expenses budget, in the Contract Con25 finement program and shall continue to perform its cur-
28

HR 3814 RS

1 rent functions under 18 U.S.C. 4351, et seq., with the

2 exception of its grant program and shall collect reimburse3 ment for services whenever possible: Provided further,

4 That any unexpended balances available to the ‘‘National

5 Institute of Corrections’’ account shall be credited to and

6 merged with this appropriation, to remain available until

7 expended.

8 VIOLENT CRIME REDUCTION PROGRAMS

9 For substance abuse treatment in Federal prisons as

10 authorized by section 32001(e) of the Violent Crime Con11 trol and Law Enforcement Act of 1994 (Public Law 103–

12 322), as amended, $25,224,000, to remain available until

13 expended, which shall be derived from the Violent Crime

14 Reduction Trust Fund.

15 BUILDINGS AND FACILITIES

16 For planning, acquisition of sites and construction of

17 new facilities; leasing the Oklahoma City Airport Trust

18 Facility; purchase and acquisition of facilities and remod19 eling, and equipping of such facilities for penal and correc20 tional use, including all necessary expenses incident there21 to, by contract or force account; and constructing, remod22 eling, and equipping necessary buildings and facilities at

23 existing penal and correctional institutions, including all

24 necessary expenses incident thereto, by contract or force

25 account; $395,700,000 $385,700,000, to remain available

26 until expended, of which not to exceed $14,074,000 shall
29

HR 3814 RS

1 be available to construct areas for inmate work programs:

2 Provided, That labor of United States prisoners may be

3 used for work performed under this appropriation: Pro4 vided further, That not to exceed 10 percent of the funds

5 appropriated to ‘‘Buildings and Facilities’’ in this Act or

6 any other Act may be transferred to ‘‘Salaries and Ex7 penses’’, Federal Prison System, upon notification by the

8 Attorney General to the Committees on Appropriations of

9 the House of Representatives and the Senate in compli10 ance with provisions set forth in section 605 of this Act:

11 Provided further, That of the total amount appropriated,

12 not to exceed $36,570,000 shall be available for the ren13 ovation and construction of United States Marshals Serv14 ice prisoner-holding facilities.

15 FEDERAL PRISON INDUSTRIES, INCORPORATED

16 The Federal Prison Industries, Incorporated, is here17 by authorized to make such expenditures, within the limits

18 of funds and borrowing authority available, and in accord

19 with the law, and to make such contracts and commit20 ments, without regard to fiscal year limitations as pro21 vided by section 9104 of title 31, United States Code, as

22 may be necessary in carrying out the program set forth

23 in the budget for the current fiscal year for such corpora24 tion, including purchase of (not to exceed five for replace25 ment only), and hire of passenger motor vehicles.
30

HR 3814 RS

1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

2 PRISON INDUSTRIES, INCORPORATED

3 Not to exceed $3,042,000 of the funds of the corpora4 tion shall be available for its administrative expenses, and

5 for services as authorized by 5 U.S.C. 3109, to be com6 puted on an accrual basis to be determined in accordance

7 with the corporation’s current prescribed accounting sys8 tem, and such amounts shall be exclusive of depreciation,

9 payment of claims, and expenditures which the said ac10 counting system requires to be capitalized or charged to

11 cost of commodities acquired or produced, including sell12 ing and shipping expenses, and expenses in connection

13 with acquisition, construction, operation, maintenance, im14 provement, protection, or disposition of facilities and other

15 property belonging to the corporation or in which it has

16 an interest.

17 OFFICE OF JUSTICE PROGRAMS

18 JUSTICE ASSISTANCE

19 For grants, contracts, cooperative agreements, and

20 other assistance authorized by title I of the Omnibus

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

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

23 including salaries and expenses in connection therewith,

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

25 $100,000,000 $101,629,000, to remain available until ex-
31

HR 3814 RS

1 pended, as authorized by section 1001 of title I of the Om2 nibus Crime Control and Safe Streets Act, as amended

3 by Public Law 102–534 (106 Stat. 3524):–Provided, That

4 of the amount made available from the Local Law En5 forcement Block Grant for technology programs,

6 $10,000,000 shall be available for programs under section

7 820 and section 821 of the Antiterrorism and Effective

8 Death Penalty Act of 1996 (Public Law 104–132).

9 In addition, for local firefighter and emergency serv10 ices training grants, $5,000,000, to remain available until

11 expended, as authorized by section 819 of the

12 Antiterrorism and Effective Death Penalty Act of 1996

13 (Public Law 104–132; 110 Stat. 1316).

14 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

15 For grants, contracts, cooperative agreements, and

16 other assistance authorized by part E of title I of the Om17 nibus Crime Control and Safe Streets Act of 1968, as

18 amended, for State and Local Narcotics Control and Jus19 tice Assistance Improvements, notwithstanding the provi20 sions of section 511 of said Act, $315,000,000

21 $360,000,000, to remain available until expended, as au22 thorized by section 1001 of title I of said Act, as amended

23 by Public Law 102–534 (106 Stat. 3524), of which

24 $60,000,000 shall be available to carry out the provisions

25 of chapter A of subpart 2 of part E of title I of said Act,
32

HR 3814 RS

1 for discretionary grants under the Edward Byrne Memo2 rial State and Local Law Enforcement Assistance Pro3 grams.

4 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

5 LOCAL LAW ENFORCEMENT ASSISTANCE

6 For assistance (including amounts for administrative

7 costs for management and administration, which amounts

8 shall be transferred to and merged with the ‘‘Justice As9 sistance’’ account) authorized by the Violent Crime Con10 trol and Law Enforcement Act of 1994 (Public Law 103–

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

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

13 1968 Act’’); and the Victims of Child Abuse Act of 1990,

14 as amended (‘‘the 1990 Act’’); $2,119,900,000, to remain

15 available until expended, which shall be derived from the

16 Violent Crime Reduction Trust Fund; of which

17 $571,000,000 shall be for Local Law Enforcement Block

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

19 Representatives on February 14, 1995, except that for

20 purposes of this Act, the Commonwealth of Puerto Rico

21 shall be considered a ‘‘unit of local government’’ as well

22 as a ‘‘State’’, for the purposes set forth in paragraphs (A),

23 (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728

24 and for establishing crime prevention programs involving

25 cooperation between community residents and law enforce-
33

HR 3814 RS

1 ment personnel in order to control, detect, or investigate

2 crime or the prosecution of criminals: Provided, That no

3 funds provided under this heading may be used as match4 ing funds for any other Federal grant program:–Provided

5 further, That notwithstanding any other provision of this

6 title, the Attorney General may transfer up to

7 $18,000,000 of this amount for drug courts pursuant to

8 title V of the 1994 Act, consistent with the reprogram9 ming procedures outlined in section 605 of this Act: Pro10 vided further, That funds may also be used to defray the

11 costs of indemnification insurance for law enforcement of12 ficers; of which $50,000,000 shall be for grants to upgrade

13 criminal records, as authorized by section 106(b) of the

14 Brady Handgun Violence Prevention Act of 1993, as

15 amended, and section 4(b) of the National Child Protec16 tion Act of 1993; of which $245,000,000 shall be available

17 as authorized by section 1001 of title I of the 1968 Act,

18 to carry out the provisions of subpart 1, part E of title

19 I of the 1968 Act, notwithstanding section 511 of said

20 Act, for the Edward Byrne Memorial State and Local Law

21 Enforcement Assistance Programs; of which

22 $330,000,000 shall be for the State Criminal Alien Assist23 ance Program, as authorized by section 242(j) of the Im24 migration and Nationality Act, as amended; of which

25 $680,000,000 shall be for Violent Offender Incarceration
34

HR 3814 RS

1 and Truth in Sentencing Incentive Grants pursuant to

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

3 $170,000,000 shall be available for payments to States for

4 incarceration of criminal aliens, and of which $12,500,000

5 shall be available for the Cooperative Agreement Program:

6 Provided further, That funds made available for Violent

7 Offender Incarceration and Truth in Sentencing Incentive

8 Grants to the State of California may, at the discretion

9 of the recipient, be used for payments for the incarceration

10 of criminal aliens; of which $6,000,000 shall be for the

11 Court Appointed Special Advocate Program, as authorized

12 by section 218 of the 1990 Act; of which $1,000,000 shall

13 be for Child Abuse Training Programs for Judicial Per14 sonnel and Practitioners, as authorized by section 224 of

15 the 1990 Act; of which $145,000,000 shall be for Grants

16 to Combat Violence Against Women to States, units of

17 local government and Indian tribal governments, as au18 thorized by section 1001(a)(18) of the 1968 Act; of which

19 $33,000,000 shall be for Grants to Encourage Arrest Poli20 cies to States, units of local government, and Indian tribal

21 governments, as authorized by section 1001(a)(19) of the

22 1968 Act; of which $8,000,000 shall be for Rural Domes23 tic Violence and Child Abuse Enforcement Assistance

24 Grants, as authorized by section 40295 of the 1994 Act;

25 of which $1,000,000 shall be for training programs to as-
35

HR 3814 RS

1 sist probation and parole officers who work with released

2 sex offenders, as authorized by section 40152(c) of the

3 1994 Act; of which $550,000 shall be for grants for tele4 vised testimony, as authorized by section 1001(a)(7) of the

5 1968 Act; of which $1,750,000 shall be for national stalk6 er and domestic violence reduction, as authorized by sec7 tion 40603 of the 1994 Act; of which $35,000,000 shall

8 be for grants for residential substance abuse treatment for

9 State prisoners as authorized by section 1001(a)(17) of

10 the 1968 Act; of which $3,000,000 shall be for grants to

11 States and units of local government for projects to im12 prove DNA analysis, as authorized by section 1001(a)(22)

13 of the 1968 Act; of which $1,000,000 shall be for Law

14 Enforcement Family Support Programs, as authorized by

15 section 1001(a)(21) of the 1968 Act; of which $900,000

16 shall be for the Missing Alzheimer’s Disease Patient Alert

17 Program, as authorized by section 240001(c) of the 1994

18 Act; of which $500,000 shall be for Motor Vehicle Theft

19 Prevention Programs, as authorized by section 220002(h)

20 of the 1994 Act; of which $5,000,000 shall be for State

21 Courts Assistance Grants, as authorized by section

22 210602 of the 1994 Act; of which $200,000 shall be for

23 a National Baseline Study on Campus Sexual Assault, as

24 authorized by section 40506(e) of the 1994 Act; and of

25 which $2,000,000 shall be for public awareness programs
36

HR 3814 RS

1 addressing marketing scams aimed at senior citizens, as

2 authorized by section 250005(3) of the 1994 Act: Provided

3 further, That funds made available in fiscal year 1997

4 under subpart 1 of part E of title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968, as amended, may

6 be obligated for programs to assist States in the litigation

7 processing of death penalty Federal habeas corpus peti8 tions and for drug testing initiatives: Provided further,

9 That any 1996 balances for these programs shall be trans10 ferred to and merged with this appropriation: Provided

11 further, That if a unit of local government uses any of

12 the funds made available under this title to increase the

13 number of law enforcement officers, the unit of local gov14 ernment will achieve a net gain in the number of law en15 forcement officers who perform nonadministrative public

16 safety service.

17 For assistance (including amounts for administrative

18 costs for management and administration, which amounts

19 shall be transferred to and merged with the ‘‘Justice Assist20 ance’’ account) authorized by the Violent Crime Control and

21 Law Enforcement Act of 1994 (Public Law 103–322), as

22 amended (‘‘the 1994 Act’’); the Omnibus Crime Control and

23 Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’); and

24 the Victims of Child Abuse Act of 1990, as amended (‘‘the

25 1990 Act’’); the Antiterrorism and Effective Death Penalty
37

HR 3814 RS

1 Act of 1996 (‘‘the Antiterrorism Act’’); $1,944,100,000, to

2 remain available until expended, which shall be derived

3 from the Violent Crime Reduction Trust Fund; of which

4 $503,000,000 shall be for Local Law Enforcement Block

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

6 Representatives on February 14, 1995, except that for pur7 poses of this Act, the Commonwealth of Puerto Rico shall

8 be considered a ‘‘unit of local government’’ as well as a

9 ‘‘State’’, for the purposes set forth in paragraphs (A), (B),

10 (D), (F), and (I) of section 101(a)(2) of H.R. 728 and for

11 establishing crime prevention programs involving coopera12 tion between community residents and law enforcement per13 sonnel in order to control, detect, or investigate crime or

14 the prosecution of criminals: Provided, That no funds pro15 vided under this heading may be used as matching funds

16 for any other Federal grant program: Provided further,

17 That $20,000,000 of this amount shall be for Boys and Girls

18 Clubs in public housing facilities and other areas in co19 operation with State and local law enforcement: Provided

20 further, That funds may also be used to defray the costs

21 of indemnification insurance for law enforcement officers;

22 of which $50,000,000 shall be for grants to upgrade crimi23 nal records, as authorized by section 106(b) of the Brady

24 Handgun Violence Prevention Act of 1993, as amended, and

25 section 4(b) of the National Child Protection Act of 1993;
38

HR 3814 RS

1 of which $175,000,000 shall be available as authorized by

2 section 1001 of title I of the 1968 Act, to carry out the pro3 visions of subpart 1, part E of title I of the 1968 Act, not4 withstanding section 511 of said Act, for the Edward Byrne

5 Memorial State and Local Law Enforcement Assistance

6 Programs; of which $330,000,000 shall be for the State

7 Criminal Alien Assistance Program, as authorized by sec8 tion 242(j) of the Immigration and Nationality Act, as

9 amended; of which $640,000,000 shall be for Violent Of10 fender Incarceration and Truth in Sentencing Incentive

11 Grants pursuant to subtitle A of title II of the 1994 Act,

12 of which $170,000,000 shall be available for payments to

13 States for incarceration of criminal aliens, and of which

14 $12,500,000 shall be available for the Cooperative Agree15 ment Program; of which $6,000,000 shall be for the Court

16 Appointed Special Advocate Program, as authorized by sec17 tion 218 of the 1990 Act; of which $1,000,000 shall be for

18 Child Abuse Training Programs for Judicial Personnel and

19 Practitioners, as authorized by section 224 of the 1990 Act;

20 of which $145,000,000 shall be for Grants to Combat Vio21 lence Against Women to States, units of local government

22 and Indian tribal governments, as authorized by section

23 1001(a)(18) of the 1968 Act; of which $33,000,000 shall be

24 for Grants to Encourage Arrest Policies to States, units of

25 local government, and Indian tribal governments, as au-
39

HR 3814 RS

1 thorized by section 1001(a)(19) of the 1968 Act; of which

2 $8,000,000 shall be for Rural Domestic Violence and Child

3 Abuse Enforcement Assistance Grants, as authorized by sec4 tion 40295 of the 1994 Act; of which $1,000,000 shall be

5 for training programs to assist probation and parole offi6 cers who work with released sex offenders, as authorized by

7 section 40152(c) of the 1994 Act; of which $550,000 shall

8 be for grants for televised testimony, as authorized by sec9 tion 1001(a)(7) of the 1968 Act; of which $1,750,000 shall

10 be for national stalker and domestic violence reduction, as

11 authorized by section 40603 of the 1994 Act; of which

12 $29,700,000 shall be for grants for residential substance

13 abuse treatment for State prisoners as authorized by section

14 1001(a)(17) of the 1968 Act; of which $3,000,000 shall be

15 for grants to States and units of local government for

16 projects to improve DNA analysis, as authorized by section

17 1001(a)(22) of the 1968 Act; of which $900,000 shall be for

18 the Missing Alzheimer’s Disease Patient Alert Program, as

19 authorized by section 240001(c) of the 1994 Act; of which

20 $1,000,000 shall be for Motor Vehicle Theft Prevention Pro21 grams, as authorized by section 220002(h) of the 1994 Act;

22 of which $200,000 shall be for a National Baseline Study

23 on Campus Sexual Assault, as authorized by section

24 40506(e) of the 1994 Act; of which $10,000,000 shall be for

25 development of counterterrorism technologies to help State
40

HR 3814 RS

1 and local law enforcement combat terrorism, as authorized

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

3 $5,000,000 shall be for Local Firefighter and Emergency

4 Services Training Grants as authorized by section 819 of

5 the Antiterrorism Act: Provided further, That funds made

6 available in fiscal year 1997 under subpart 1 of part E

7 of title I of the Omnibus Crime Control and Safe Streets

8 Act of 1968, as amended, may be obligated for programs

9 to assist States in the litigation processing of death penalty

10 Federal habeas corpus petitions and for drug testing initia11 tives: Provided further, That any 1996 balances for these

12 programs shall be transferred to and merged with this ap13 propriation: Provided further, That if a unit of local gov14 ernment uses any of the funds made available under this

15 title to increase the number of law enforcement officers, the

16 unit of local government will achieve a net gain in the num17 ber of law enforcement officers who perform nonadministra18 tive public safety service.

19 WEED AND SEED PROGRAM FUND

20 For necessary expenses, including salaries and relat21 ed expenses of the Executive Office for Weed and Seed,

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

23 $28,500,000, which shall be derived from discretionary

24 grants provided under the Edward Byrne Memorial State

25 and Local Law Enforcement Assistance Programs, to re26 main available until expended for intergovernmental
41

HR 3814 RS

1 agreements, including grants, cooperative agreements, and

2 contracts, with State and local law enforcement agencies

3 engaged in the investigation and prosecution of violent

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

5 communities, and for either reimbursements or transfers

6 to appropriation accounts of the Department of Justice

7 and other Federal agencies which shall be specified by the

8 Attorney General to execute the ‘‘Weed and Seed’’ pro9 gram strategy: Provided, That funds designated by Con10 gress through language for other Department of Justice

11 appropriation accounts for ‘‘Weed and Seed’’ program ac12 tivities shall be managed and executed by the Attorney

13 General through the Executive Office for Weed and Seed:

14 Provided further, That the Attorney General may direct

15 the use of other Department of Justice funds and person16 nel in support of ‘‘Weed and Seed’’ program activities only

17 after the Attorney General notifies the Committees on Ap18 propriations of the House of Representatives and the Sen19 ate in accordance with section 605 of this Act.

20 COMMUNITY ORIENTED POLICING SERVICES

21 VIOLENT CRIME REDUCTION PROGRAMS

22 For activities authorized by the Violent Crime Con23 trol and Law Enforcement Act of 1994, Public Law 103–

24 322 (‘‘the 1994 Act’’) (including administrative costs),

25 $1,400,000,000, to remain available until expended, which
42

HR 3814 RS

1 shall be derived from the Violent Crime Reduction Trust

2 Fund, for Public Safety and Community Policing Grants

3 pursuant to title I of the 1994 Act: Provided, That of this

4 amount, $10,000,000 $20,000,000 shall be available for

5 programs of Police Corps education, training and service

6 as set forth in sections 200101–200113 of the 1994 Act:–

7 Provided further, That of this amount, $71,000,000 shall

8 be transferred to the Drug Enforcement Administration

9 for the purpose of providing State and local police officers

10 with equipment, conveyances, overtime and other expenses

11 associated with their participation on drug task forces:

12 Provided further, That of this amount, $30,500,000 shall

13 be for additional grants authorized by part B of title II

14 of the Juvenile Justice and Delinquency Prevention Act

15 of 1974, as amended, to remain available until expended,

16 for the purpose of providing additional formula grants

17 under part B, for innovative local law enforcement and

18 community policing programs, to States that provide as19 surances to the Administrator that the State has in effect

20 (or will have in effect not later than 1 year after date of

21 application) policies and programs, that ensure that juve22 niles who commit an act after attaining 14 years of age,

23 that would be a serious violent crime if committed by an

24 adult, are treated as adults for purpose of prosecution:

25 Provided further, That notwithstanding any other provision
43

HR 3814 RS

1 of this title, the Attorney General may transfer up to

2 $20,000,000 of this amount for drug courts pursuant to title

3 V of the 1994 Act, consistent with the reprogramming proce4 dures outlined in section 605 of this Act: Provided further,

5 That notwithstanding any other provision of this title, the

6 Attorney General may transfer up to $42,500,000 of this

7 amount to support the President’s drug-testing initiative

8 for Federal prisoners, consistent with the reprogramming

9 procedures outlined in section 605 of this Act:–Provided

10 further, That not to exceed 130 permanent positions and

11 130 full-time equivalent workyears and $14,602,000 shall

12 be expended for program management and administration:

13 Provided further, That not to exceed 186 permanent posi14 tions and 174 full-time equivalent workyears and

15 $19,800,000 shall be expended for program management

16 and administration.

17 JUVENILE JUSTICE PROGRAMS

18 For grants, contracts, cooperative agreements, and

19 other assistance authorized by the Juvenile Justice and

20 Delinquency Prevention Act of 1974, as amended, includ21 ing salaries and expenses in connection therewith to be

22 transferred to and merged with the appropriations for

23 Justice Assistance, $145,000,000 $154,000,000, to remain

24 available until expended, as authorized by section 299 of

25 part I of title II and section 506 of title V of the Act,

26 as amended by Public Law 102–586, of which (1)
44

HR 3814 RS

1 $100,000,000 $101,000,000 shall be available for expenses

2 authorized by parts A, B, and C of title II of the Act;

3 (2) $11,000,000 $12,000,000 shall be available for ex4 penses authorized by sections 281 and 282 of part D of

5 title II of the Act for prevention and treatment programs

6 relating to juvenile gangs; (3) $10,000,000 $11,000,000

7 shall be available for expenses authorized by section 285

8 of part E of title II of the Act; (4) $4,000,000 $7,000,000

9 shall be available for expenses authorized by part G of title

10 II of the Act for juvenile mentoring programs; and (5)

11 $20,000,000 $23,000,000 shall be available for expenses

12 authorized by title V of the Act for incentive grants for

13 local delinquency prevention programs: Provided, That

14 upon the enactment of reauthorization legislation for Ju15 venile Justice Programs under the Juvenile Justice and

16 Delinquency Prevention Act of 1974, as amended, funding

17 provided in this Act shall from that date be subject to

18 the provisions of that legislation and any provisions in this

19 Act that are inconsistent with that legislation shall no

20 longer have effect.

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.
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1 PUBLIC SAFETY OFFICERS BENEFITS

2 For payments authorized by part L of title I of the

3 Omnibus Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3796), as amended, such sums as are necessary,

5 to remain available until expended, as authorized by sec6 tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),

7 and, in addition, $2,200,000, to remain available until ex8 pended, for payments as authorized by section 1201(b) of

9 said Act.

10 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

11 SEC. 101. In addition to amounts otherwise made

12 available in this title for official reception and representa13 tion expenses, a total of not to exceed $45,000 from funds

14 appropriated to the Department of Justice in this title

15 shall be available to the Attorney General for official re16 ception and representation expenses in accordance with

17 distributions, procedures, and regulations established by

18 the Attorney General.

19 SEC. 102. Authorities contained in the Department

20 of Justice Appropriation Authorization Act, Fiscal Year

21 1980 (Pub. L. 96–132, 93 Stat. 1040 (1979)), as amend22 ed, shall remain in effect until the termination date of this

23 Act or until the effective date of a Department of Justice

24 Appropriation Authorization Act, whichever is earlier.
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1 SEC. 103. None of the funds appropriated by this

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

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

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

5 That should this prohibition be declared unconstitutional

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

7 null and void.

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

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

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

11 SEC. 105. Nothing in the preceding section shall re12 move the obligation of the Director of the Bureau of Pris13 ons to provide escort services necessary for a female in14 mate to receive such service outside the Federal facility:

15 Provided, That nothing in this section in any way dimin16 ishes the effect of section 104 intended to address the phil17 osophical beliefs of individual employees of the Bureau of

18 Prisons.

19 SEC. 106. Notwithstanding any other provision of

20 law, not to exceed $10,000,000 of the funds made avail21 able in this Act may be used to establish and publicize

22 a program under which publicly-advertised, extraordinary

23 rewards may be paid, which shall not be subject to spend24 ing limitations contained in sections 3059 and 3072 of

25 title 18, United States Code: Provided, That any reward
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1 of $100,000 or more, up to a maximum of $2,000,000,

2 may not be made without the personal approval of the

3 President or the Attorney General and such approval may

4 not be delegated.

5 SEC. 107. Not to exceed 5 percent of any appropria6 tion made available for the current fiscal year for the De7 partment of Justice in this Act, including those derived

8 from the Violent Crime Reduction Trust Fund, may be

9 transferred between such appropriations, but no such ap10 propriation, except as otherwise specifically provided, shall

11 be increased by more than 10 percent by any such trans12 fers: Provided, That any transfer pursuant to this section

13 shall be treated as a reprogramming of funds under sec14 tion 605 of this Act and shall not be available for obliga15 tion except in compliance with the procedures set forth

16 in that section.

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

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

19 therein contained and replacing the same with ‘‘1996’’.

20 SEC. 109. (a) Section 1930(a) of title 28, United

21 States Code, is amended in paragraph (3), by inserting

22 ‘‘$’’ before ‘‘800’’, and in paragraph (6), by striking every23 thing after ‘‘total less than $15,000;’’ and inserting in lieu

24 thereof: ‘‘$500 for each quarter in which disbursements

25 total $15,000 or more but less than $75,000; $750 for
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1 each quarter in which disbursements total $75,000 or

2 more but less than $150,000; $1,250 for each quarter in

3 which disbursements total $150,000 or more but less than

4 $225,000; $1,500 for each quarter in which disbursements

5 total $225,000 or more but less than $300,000; $3,750

6 for each quarter in which disbursements total $300,000

7 or more but less than $1,000,000; $5,000 for each quarter

8 in which disbursements total $1,000,000 or more but less

9 than $2,000,000; $7,500 for each quarter in which dis10 bursements total $2,000,000 or more but less than

11 $3,000,000; $8,000 for each quarter in which disburse12 ments total $3,000,000 or more but less than $5,000,000;

13 $10,000 for each quarter in which disbursements total

14 $5,000,000 or more. The fee shall be payable on the last

15 day of the calendar month following the calendar quarter

16 for which the fee is owed.’’.

17 (b) Section 589a of title 28, United States Code, is

18 amended to read as follows:

19 ‘‘§ 589a. United States Trustee System Fund

20 ‘‘(a) There is hereby established in the Treasury of

21 the United States a special fund to be known as the ‘Unit22 ed States Trustee System Fund’ (hereinafter in this sec23 tion referred to as the ‘Fund’). Monies in the Fund shall

24 be available to the Attorney General without fiscal year

25 limitation in such amounts as may be specified in appro-
49

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1 priations Acts for the following purposes in connection

2 with the operations of United States trustees—

3 ‘‘(1) salaries and related employee benefits;

4 ‘‘(2) travel and transportation;

5 ‘‘(3) rental of space;

6 ‘‘(4) communication, utilities, and miscellaneous

7 computer charges;

8 ‘‘(5) security investigations and audits;

9 ‘‘(6) supplies, books, and other materials for

10 legal research;

11 ‘‘(7) furniture and equipment;

12 ‘‘(8) miscellaneous services, including those ob13 tained by contract; and

14 ‘‘(9) printing.

15 ‘‘(b) For the purpose of recovering the cost of services

16 of the United States Trustee System, there shall be depos17 ited as offsetting collections to the appropriation ‘United

18 States Trustee System Fund’, to remain available until

19 expended, the following—

20 ‘‘(1) 23.08 percent of the fees collected under

21 section 1930(a)(1) of this title;

22 ‘‘(2) one-half of the fees collected under section

23 1930(a)(3) of this title;

24 ‘‘(3) one-half of the fees collected under section

25 1930(a)(4) of this title;
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1 ‘‘(4) one-half of the fees collected under section

2 1930(a)(5) of this title;

3 ‘‘(5) 100 percent of the fees collected under sec4 tion 1930(a)(6) of this title;

5 ‘‘(6) three-fourths of the fees collected under

6 the last sentence of section 1930(a) of this title;

7 ‘‘(7) the compensation of trustees received

8 under section 330(d) of title 11 by the clerks of the

9 bankruptcy courts; and

10 ‘‘(8) excess fees collected under section

11 586(e)(2) of this title.

12 ‘‘(c) Amounts in the Fund which are not currently

13 needed for the purposes specified in subsection (a) shall

14 be kept on deposit or invested in obligations of, or guaran15 teed by, the United States.

16 ‘‘(d) The Attorney General shall transmit to the Con17 gress, not later than 120 days after the end of each fiscal

18 year, a detailed report on the amounts deposited in the

19 Fund and a description of expenditures made under this

20 section.

21 ‘‘(e) There are authorized to be appropriated to the

22 Fund for any fiscal year such sums as may be necessary

23 to supplement amounts deposited under subsection (b) for

24 the purposes specified in subsection (a).’’.
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1 (c) Notwithstanding any other provision of law or of

2 this Act, the amendments to 28 U.S.C. 589a made by sub3 section (b) of this section shall take effect upon enactment

4 of this Act.

5 (d) Section 101(a) of Public Law 104–91, as amended

6 by section 211 of Public Law 104–99, is further amended

7 by inserting ‘‘: Provided further, That, notwithstanding

8 any other provision of law, the fees under 28 U.S.C.

9 1930(a)(6) shall accrue and be payable from and after Jan10 uary 27, 1996, in all cases (including, without limitation,

11 any cases pending as of that date), regardless of confirma12 tion status of their plans’’ after ‘‘enacted into law’’.

13 SEC. 110. Public Law 103–414 (108 Stat. 4279) is

14 amended by inserting at its conclusion a new title IV, as

15 follows:

16 ‘‘TITLE IV—TELECOMMUNICATIONS

17 CARRIER COMPLIANCE PAYMENTS

18 ‘‘SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNI19 CATIONS CARRIER COMPLIANCE FUND.

20 ‘‘(a) ESTABLISHMENT OF FUND.—There is hereby

21 established in the United States Treasury a fund to be

22 known as the Department of Justice Telecommunications

23 Carrier Compliance Fund (hereafter referred to as ‘the

24 Fund’), which shall be available without fiscal year limita25 tion to the Attorney General for making payments to tele-
52

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1 communications carriers, equipment manufacturers, and

2 providers of telecommunications support services pursuant

3 to section 109 of this Act.

4 ‘‘(b) DEPOSITS TO THE FUND.—Notwithstanding

5 any other provision of law, any agency of the United

6 States with law enforcement enforcement, national secu7 rity, or intelligence responsibilities may deposit as offset8 ting collections to the Fund any unobligated balances that

9 are available until expended, upon compliance with any

10 Congressional notification requirements for

11 reprogrammings of funds applicable to the appropriation

12 from which the deposit is to be made.

13 ‘‘(c) TERMINATION.—

14 ‘‘(1) The Attorney General may terminate the

15 Fund at such time as the Attorney General deter16 mines that the Fund is no longer necessary.

17 ‘‘(2) Any balance in the Fund at the time of its

18 termination shall be deposited in the General Fund

19 of the Treasury.

20 ‘‘(3) A decision of the Attorney General to ter21 minate the Fund shall not be subject to judicial re22 view.

23 ‘‘(d) AVAILABILITY OF FUNDS FOR EXPENDITURE.—

24 Funds shall not be available for obligation unless an im25 plementation plan as set forth in subsection (e) is submit-
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1 ted to each member of the Committees on the Judiciary

2 and Appropriations of both the House of Representatives

3 and the Senate and the Congress does not, within the 60

4 days after the date of such submission, by law block or

5 prevent the obligation of such funds. Such funds shall be

6 treated as a reprogramming of funds under section 605

7 of the Department of Commerce, Justice, and State, the

8 Judiciary, and Related Agencies Appropriations Act,

9 1997, and shall not be available for obligation or expendi10 ture except in compliance with the procedures set forth

11 in that section and this section.

12 ‘‘(e) IMPLEMENTATION PLAN.—The implementation

13 plan shall include:

14 ‘‘(1) law enforcement assistance capability fea15 tures including an explanation of how proposed

16 interface and assistance capability requirements ex17 ceed or differ from the law enforcement assistance

18 currently provided by carriers;

19 ‘‘(2) the actual and maximum number of simul20 taneous surveillances/intercepts that law enforcement

21 agencies expect to perform (capacity requirements),

22 as well as the ‘‘historical baseline electronic surveil23 lance activity’’ on which the proposed capacity re24 quirements are based;
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1 ‘‘(3) a detailed county by county listing of pro2 posed actual and maximum capacity requirements;

3 ‘‘(4) the proposed network switch and other as4 sistance capability features requested by law enforce5 ment that would be required to be installed by tele6 communications carriers;

7 ‘‘(5) a complete estimate of the full costs of de8 velopment and deployment of the assistance capabil9 ity features, the full costs of the proposed actual and

10 maximum capacities requested by law enforcement,

11 the full cost of training telecommunications carrier

12 personnel in the use of such capabilities and capac13 ities, and to what extent funding of $500,000,000

14 will be sufficient to fully reimburse telecommuni15 cations carriers for the reasonable cost of compliance

16 with this Act; and

17 ‘‘(6) a complete estimate of the full and reason18 able costs associated with modification to be per19 formed by telecommunications carriers of their net20 work equipment and facilities installed or deployed

21 after January 1, 1995, which are not proposed for

22 reimbursement.

23 ‘‘(f) ANNUAL REPORT TO THE CONGRESS.—The At24 torney General shall submit to the Congress each year a

25 report specifically detailing all deposits and expenditures
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1 made pursuant to this Act in each fiscal year. This report

2 shall be submitted to each member of the Committees on

3 the Judiciary and Appropriations of both the House of

4 Representatives and the Senate, and to the Speaker and

5 minority leader of the House of Representatives and to

6 the majority and minority leaders of the Senate, no later

7 than 60 days after the end of each fiscal year.’’.

8 SEC. 111. It is the sense of the Congress that the

9 Drug Enforcement Administration, together with other

10 appropriate Federal agencies, should take such actions as

11 may be necessary to end the illegal importation into the

12 United States of Rohypnol (flunitrazepam), a drug fre13 quently distributed with the intent to facilitate sexual as14 sault and rape.

15 SEC. 111. Section 1402 of the Victims of Crime Act

16 of 1984, as amended (42 U.S.C. 10601), is amended at sub17 section (e) by deleting ‘‘2’’ and inserting ‘‘3’’, and at sub18 section (d) by adding a new paragraph (5) as follows:

19 ‘‘(5) The Director may set aside up to $500,000

20 of the reserve fund described in paragraph (4) to

21 make supplemental grants to United States Attorneys

22 Offices to provide necessary assistance to victims of

23 the bombing of the Alfred P. Murrah Federal Build24 ing in Oklahoma City, to facilitate observation of

25 and/or participation by such victims in trial proceed-
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1 ings arising therefrom, including, without limitation,

2 provision of lodging and travel assistance, and to pay

3 such other, related expenses determined to be nec4 essary by the Director.’’.

5 SEC. 112. TAGGANTS.

6 (a) Public Law 104–132 is amended by deleting sec7 tion 732(a)(2) regarding exclusions and inserting after sec8 tion 732(e)(2):

9 ‘‘(3) For purposes of this subsection, explosive

10 material does not include smokeless or black powder

11 manufactured for uses set forth in 18 U.S.C. 845(a)

12 (4) and (5).’’.

13 (b) Public Law 104–132 is amended by deleting sec14 tion 732(d) regarding hearings.

15 (c) Public Law 104–132 section 732(e)(2) is amended

16 by deleting ‘‘270’’ and inserting ‘‘90’’.

17 SEC. 113. MULTIPOINT WIRETAPS.

18 (a) Section 2518(11)(b)(ii) of title 18, United States

19 Code is amended by deleting ‘‘of a purpose, on the part of

20 that person, to thwart interception by changing facilities’’

21 and inserting ‘‘that the person had the intent to thwart

22 interception or that the person’s actions and conduct would

23 have the effect of thwarting interception from a specified

24 facility’’.
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1 (b) Section 2518(11)(b)(iii) is amended to read: ‘‘(iii)

2 the judge finds that such showing has been adequately

3 made.’’.

4 (c) The amendments made by subsection (a) and (b)

5 of this amendment shall be effective 1 day after the enact6 ment of this Act.

7 SEC. 114. AUTHORIZATION FOR INTERCEPTIONS OF COM8 MUNICATIONS IN CERTAIN TERRORISM RE9 LATED OFFENSES.

10 Section 2516(1) of title 18, United States Code, is

11 amended—

12 (1) in paragraph (c)—

13 (A) by inserting before ‘‘or section 1992 (re14 lating to wrecking trains)’’ the following: ‘‘sec15 tion 2332 (relating to terrorist acts abroad), sec16 tion 2332a (relating to weapons of mass destruc17 tion, section 2332b (relating to acts of terrorism

18 transcending national boundaries), section

19 2339A (relating to providing material support to

20 terrorists), section 37 (relating to violence at

21 international airports),’’; and

22 (B) by inserting after ‘‘section 175 (relating

23 to biological weapons),’’ the following: ‘‘or a fel24 ony violation under section 1028 (relating to

25 production of false identification documenta-
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1 tion), sections 1541, 1542, 1543, 1544, and 1546

2 (relating to passport and visa offenses),’’;

3 (2) by striking ‘‘and’’ at the end of paragraph

4 (n);

5 (3) by redesignating paragraph (o) as paragraph

6 (q); and

7 (4) by inserting after paragraph (n) the follow8 ing new subparagraphs:

9 ‘‘(o) any violation of section 956 or section 960 of title

10 18, United States Code (relating to certain actions against

11 foreign nations);

12 ‘‘(p) any violation of section 46502 of title 49, United

13 States Code; and’’.

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

15 Appropriations Act, 1997’’.

16 TITLE II—DEPARTMENT OF COMMERCE AND

17 RELATED AGENCIES

18 TRADE AND INFRASTRUCTURE DEVELOPMENT

19 RELATED AGENCIES

20 OFFICE OF THE UNITED STATES TRADE

21 REPRESENTATIVE

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of the United

24 States Trade Representative, including the hire of pas25 senger motor vehicles and the employment of experts and
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1 consultants as authorized by 5 U.S.C. 3109, $21,449,000,

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

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

4 for official reception and representation expenses.

5 INTERNATIONAL TRADE COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the International Trade

8 Commission, including hire of passenger motor vehicles,

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

10 exceed $2,500 for official reception and representation ex11 penses, $40,000,000 $41,707,000, to remain available until

12 expended.

13 DEPARTMENT OF COMMERCE

14 INTERNATIONAL TRADE ADMINISTRATION

15 OPERATIONS AND ADMINISTRATION

16 For necessary expenses for international trade activi17 ties of the Department of Commerce provided for by law,

18 and engaging in trade promotional activities abroad, in19 cluding expenses of grants and cooperative agreements for

20 the purpose of promoting exports of United States firms,

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

22 coverage for dependent members of immediate families of

23 employees stationed overseas and employees temporarily

24 posted overseas; travel and transportation of employees of

25 the United States and Foreign Commercial Service be-
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1 tween two points abroad, without regard to 49 U.S.C.

2 1517; employment of Americans and aliens by contract for

3 services; rental of space abroad for periods not exceeding

4 ten years, and expenses of alteration, repair, or improve5 ment; purchase or construction of temporary demountable

6 exhibition structures for use abroad; payment of tort

7 claims, in the manner authorized in the first paragraph

8 of 28 U.S.C. 2672 when such claims arise in foreign coun9 tries; not to exceed $327,000 for official representation

10 expenses abroad; purchase of passenger motor vehicles for

11 official use abroad, not to exceed $30,000 per vehicle; ob12 tain insurance on official motor vehicles; and rent tie lines

13 and teletype equipment; $272,000,000 $267,939,000, to

14 remain available until expended: Provided, That the provi15 sions of the first sentence of section 105(f) and all of sec16 tion 108(c) of the Mutual Educational and Cultural Ex17 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

18 apply in carrying out these activities without regard to

19 section 5412 of the Omnibus Trade and Competitiveness

20 Act of 1988 (15 U.S.C. 4912); and that for the purpose

21 of this Act, contributions under the provisions of the Mu22 tual Educational and Cultural Exchange Act shall include

23 payment for assessments for services provided as part of

24 these activities.
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1 EXPORT ADMINISTRATION

2 OPERATIONS AND ADMINISTRATION

3 For necessary expenses for export administration and

4 national security activities of the Department of Com5 merce, including costs associated with the performance of

6 export administration field activities both domestically and

7 abroad; full medical coverage for dependent members of

8 immediate families of employees stationed overseas; em9 ployment of Americans and aliens by contract for services

10 abroad; rental of space abroad for periods not exceeding

11 ten years, and expenses of alteration, repair, or improve12 ment; payment of tort claims, in the manner authorized

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

14 arise in foreign countries; not to exceed $15,000 for offi15 cial representation expenses abroad; awards of compensa16 tion to informers under the Export Administration Act of

17 1979, and as authorized by 22 U.S.C. 401(b); purchase

18 of passenger motor vehicles for official use and motor vehi19 cles for law enforcement use with special requirement vehi20 cles eligible for purchase without regard to any price limi21 tation otherwise established by law; $38,604,000

22 $34,698,000, to remain available until expended: Provided,

23 That the provisions of the first sentence of section 105(f)

24 and all of section 108(c) of the Mutual Educational and

25 Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
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1 2458(c)) shall apply in carrying out these activities: Pro2 vided further, That payments and contributions collected

3 and accepted for materials or services provided as part of

4 such activities may be retained for use in covering the cost

5 of such activities, and for providing information to the

6 public with respect to the export administration and na7 tional security activities of the Department of Commerce

8 and other export control programs of the United States

9 and other governments.

10 ECONOMIC DEVELOPMENT ADMINISTRATION

11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

12 For grants for economic development assistance as

13 provided by the Public Works and Economic Development

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

15 laws that were in effect immediately before September 30,

16 1982, and for trade adjustment assistance, $328,500,000

17 $273,500,000: Provided, That none of the funds appro18 priated or otherwise made available under this heading

19 may be used directly or indirectly for attorneys’ or consult20 ants’ fees in connection with securing grants and contracts

21 made by the Economic Development Administration: Pro22 vided further, That, notwithstanding any other provision

23 of law, the Secretary of Commerce may provide financial

24 assistance for projects to be located on military installa25 tions closed or scheduled for closure or realignment to
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1 grantees eligible for assistance under the Public Works

2 and Economic Development Act of 1965, as amended,

3 without it being required that the grantee have title or

4 ability to obtain a lease for the property, for the useful

5 life of the project, when in the opinion of the Secretary

6 of Commerce, such financial assistance is necessary for

7 the economic development of the area: Provided further,

8 That the Secretary of Commerce may, as the Secretary

9 considers appropriate, consult with the Secretary of De10 fense regarding the title to land on military installations

11 closed or scheduled for closure or realignment.

12 SALARIES AND EXPENSES

13 For necessary expenses of administering the eco14 nomic development assistance programs as provided for by

15 law, $20,000,000 $20,036,000: Provided, That these funds

16 may be used to monitor projects approved pursuant to title

17 I of the Public Works Employment Act of 1976, as

18 amended, title II of the Trade Act of 1974, as amended,

19 and the Community Emergency Drought Relief Act of

20 1977.

21 MINORITY BUSINESS DEVELOPMENT AGENCY

22 MINORITY BUSINESS DEVELOPMENT

23 For necessary expenses of the Department of Com24 merce in fostering, promoting, and developing minority

25 business enterprise, including expenses of grants, con26 tracts, and other agreements with public or private organi-
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1 zations, $29,000,000: Provided, That of the total amount

2 provided, $3,000,000 shall be available for obligation and

3 expenditure only for projects jointly developed, imple4 mented and administered with the Small Business Admin5 istration $26,000,000.

6 ECONOMIC AND INFORMATION INFRASTRUCTURE

7 ECONOMIC AND STATISTICAL ANALYSIS

8 SALARIES AND EXPENSES

9 For necessary expenses, as authorized by law, of eco10 nomic and statistical analysis programs of the Department

11 of Commerce, $45,900,000 $49,400,000, to remain avail12 able until September 30, 1998.

13 ECONOMICS AND STATISTICS ADMINISTRATION

14 REVOLVING FUND

15 The Secretary of Commerce is authorized to dissemi16 nate economic and statistical data products as authorized

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

18 1525–1527) and, notwithstanding section 5412 of the

19 Omnibus Trade and Competitiveness Act of 1988 (15

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

21 costs incurred in their production. Notwithstanding 31

22 U.S.C. 3302, receipts received from these data dissemina23 tion activities shall be credited to this account, to be avail24 able for carrying out these purposes without further ap25 propriation.
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1 BUREAU OF THE CENSUS

2 SALARIES AND EXPENSES

3 For expenses necessary for collecting, compiling, ana4 lyzing, preparing, and publishing statistics, provided for

5 by law, $133,617,000 $139,700,000.

6 PERIODIC CENSUSES AND PROGRAMS

7 For expenses necessary to collect and publish statis8 tics for periodic censuses and programs provided for by

9 law, $205,100,000 $210,500,000, to remain available until

10 expended.

11 NATIONAL TELECOMMUNICATIONS AND INFORMATION

12 ADMINISTRATION

13 SALARIES AND EXPENSES

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

15 the National Telecommunications and Information Ad16 ministration, $15,000,000 $16,003,000 to remain available

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

18 1535(d), the Secretary of Commerce shall charge Federal

19 agencies for costs incurred in spectrum management,

20 analysis, and operations, and related services and such

21 fees shall be retained and used as offsetting collections for

22 costs of such spectrum services, to remain available until

23 expended: Provided further, That the Secretary of Com24 merce is authorized to retain and use as offsetting collec25 tions all funds transferred, or previously transferred, from

26 other Government agencies for all costs incurred in tele-
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1 communications research, engineering, and related activi2 ties by the Institute for Telecommunication Sciences of

3 the NTIA, in furtherance of its assigned functions under

4 this paragraph, and such funds received from other Gov5 ernment agencies shall remain available until expended.

6 PUBLIC BROADCASTING FACILITIES, PLANNING AND

7 CONSTRUCTION

8 For grants authorized by section 392 of the Commu9 nications Act of 1934, as amended, $10,250,000 (in10 creased by $5,000,000) $15,250,000, to remain available

11 until expended as authorized by section 391 of the Act,

12 as amended: Provided, That not to exceed $1,500,000

13 shall be available for program administration as author14 ized by section 391 of the Act: Provided further, That not15 withstanding the provisions of section 391 of the Act, the

16 prior year unobligated balances may be made available for

17 grants for projects for which applications have been sub18 mitted and approved during any fiscal year.

19 INFORMATION INFRASTRUCTURE GRANTS

20 For grants authorized by section 392 of the Commu21 nications Act of 1934, as amended, $21,490,000, to re22 main available until expended as authorized by section 391

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

24 $3,000,000 shall be available for program administration

25 and other support activities as authorized by section 391:

26 Provided further, That of the funds appropriated herein,
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1 not to exceed 5 percent may be available for telecommuni2 cations research activities for projects related directly to

3 the development of a national information infrastructure:

4 Provided further, That notwithstanding the requirements

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

6 be used for the planning and construction of telecommuni7 cations networks for the provision of educational, cultural,

8 health care, public information, public safety, or other so9 cial services.

10 For grants authorized by section 392 of the Commu11 nications Act of 1934, as amended, $4,075,000, to remain

12 available until expended as authorized by section 391 of the

13 Act, as amended: Provided, That notwithstanding the re14 quirements of section 392(a) and 392(c) of the Act, these

15 funds may be used for the planning and construction of

16 telecommunications networks for the provision of edu17 cational, cultural, health care, public information, public

18 safety, or other social services.

19 PATENT AND TRADEMARK OFFICE

20 SALARIES AND EXPENSES

21 For necessary expenses of the Patent and Trademark

22 Office provided for by law, including defense of suits insti23 tuted against the Commissioner of Patents and Trade24 marks, $100,000,000 (reduced by $33,748,000) (reduced

25 by $5,000,000) $61,252,000, to remain available until ex-
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1 pended: Provided, That the funds made available under

2 this heading are to be derived from deposits in the Patent

3 and Trademark Office Fee Surcharge Fund as authorized

4 by law: Provided further, That the amounts made available

5 under the Fund shall not exceed amounts deposited; and

6 such fees as shall be collected pursuant to 15 U.S.C. 1113

7 and 35 U.S.C. 41 and 376, shall remain available until

8 expended.

9 SCIENCE AND TECHNOLOGY

10 TECHNOLOGY ADMINISTRATION

11 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

12 TECHNOLOGY POLICY

13 For necessary expenses for the Under Secretary for

14 Technology/Office of Technology Policy, $7,500,000: Pro15 vided, That $2,500,000 of the total amount provided under

16 this heading shall be available to support the United States17 Israel Science and Technology Commission.

18 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

19 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

20 For necessary expenses of the National Institute of

21 Standards and Technology, $268,000,000 $270,400,000,

22 to remain available until expended, of which not to exceed

23 $1,625,000 may be transferred to the ‘‘Working Capital

24 Fund’’.
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1 INDUSTRIAL TECHNOLOGY SERVICES

2 For necessary expenses of the Manufacturing Exten3 sion Partnership of the National Institute of Standards

4 and Technology, $89,900,0000, to remain available until

5 expended, of which not to exceed $300,000 may be trans6 ferred to the ‘‘Working Capital Fund’’.

7 In addition, for necessary expenses of the Advanced

8 Technology Program of the National Institute of Stand9 ards and Technology, $110,500,000, to remain available

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

11 transferred to the ‘‘Working Capital Fund’’: Provided,

12 That none of the funds made available under this heading

13 may be used for the purposes of carrying out additional

14 program competitions under the Advanced Technology

15 Program: Provided further, That funds made available for

16 the Advanced Technology Program under this heading and

17 any unobligated balances available from carryover of prior

18 year appropriations for such program may be used only

19 for the purposes of providing continuation grants for

20 comptetitions completed prior to October 1, 1995: Pro21 vided further, That such continuation grants shall be pro22 vided only to single applicants or joint venture partici23 pants which are small businesses: Provided further, That

24 such funds for the Advanced Technology Program are pro-
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1 vided for the purposes of closing out all commitments for

2 such program.

3 For necessary expenses of the Manufacturing Exten4 sion Partnership of the National Institute of Standards

5 and Technology, $99,900,000, to remain available until ex6 pended, of which not to exceed $300,000 may be trans7 ferred to the ‘‘Working Capital Fund’’: Provided, That not8 withstanding the time limitations imposed by 15 U.S.C.

9 278k(c) (1) and (5) on the duration of Federal financial

10 assistance that may be awarded by the Secretary of Com11 merce to Regional Centers for the transfer of Manufactur12 ing Technology (‘‘Centers’’), such Federal financial assist13 ance for a Center may continue beyond six years and may

14 be renewed for additional periods, not to exceed three years

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

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

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

18 of Commerce that continuation of Federal funding to the

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

20 the transfer of Manufacturing Technology Program.

21 In addition, for necessary expenses of the Advanced

22 Technology Program of the National Institute of Standards

23 and Technology, $60,000,000, to remain available until ex24 pended, of which not to exceed $500,000 may be transferred

25 to the ‘‘Working Capital Fund’’: Provided, That funds made
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1 available under this heading may only be used for the pur2 poses of providing continuation grants.

3 CONSTRUCTION OF RESEARCH FACILITIES

4 For renovation of existing facilities, not otherwise pro5 vided for the National Institute of Standards and Tech6 nology, as authorized by 15 U.S.C. 278c–278e, $15,000,000,

7 to remain available until expended.

8 NATIONAL OCEANIC AND ATMOSPHERIC

9 ADMINISTRATION

10 OPERATIONS, RESEARCH, AND FACILITIES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of activities authorized by

13 law for the National Oceanic and Atmospheric Adminis14 tration, including acquisition, maintenance, operation,

15 and hire of aircraft; not to exceed 200 commissioned offi16 cers on the active list as of April 1, 1997, and no com17 missioned officers on the active list as of September 30,

18 1997 not to exceed 358 commissioned officers on the active

19 list; grants, contracts, or other payments to nonprofit or20 ganizations for the purposes of conducting activities pur21 suant to cooperative agreements; and alteration, mod22 ernization, and relocation of facilities as authorized by 33

23 U.S.C. 883i; $1,738,200,000 $1,933,703,000, to remain

24 available until expended: Provided, That notwithstanding

25 31 U.S.C. 3302 but consistent with other existing law,

26 fees shall be assessed, collected, and credited to this ap-
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1 propriation as offsetting collections to be available until

2 expended, to recover the costs of administering aeronauti3 cal charting programs: Provided further, That the sum

4 herein appropriated from the general fund shall be re5 duced as such additional fees are received during fiscal

6 year 1997, so as to result in a final general fund appro7 priation estimated at not more than $1,735,200,000

8 $1,930,703,000: Provided further, That any such addi9 tional fees received in excess of $3,000,000 in fiscal year

10 1997 shall not be available for obligation until October

11 1, 1997: Provided further, That fees and donations re12 ceived by the National Ocean Service for the management

13 of the national marine sanctuaries may be retained and

14 used for the salaries and expenses associated with those

15 activities, notwithstanding 31 U.S.C. 3302: Provided fur16 ther, That in addition, $68,000,000 $62,000,000 shall be

17 derived by transfer from the fund entitled ‘‘Promote and

18 Develop Fishery Products and Research Pertaining to

19 American Fisheries’’: Provided further, That grants to

20 States pursuant to sections 306 and 306A of the Coastal

21 Zone Management Act of 1972, as amended, shall not ex22 ceed $2,000,000:–Provided further, That of the

23 $1,839,176,000 provided for in direct obligations under

24 this heading (of which $1,735,200,000 is appropriated

25 from the general fund, $73,276,000 is provided by trans-
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1 fer, and $30,700,000 is derived from unobligated bal2 ances and deobligations from prior years), $182,660,000

3 shall be for the National Ocean Service, $298,907,000

4 shall be for the National Marine Fisheries Service,

5 $231,826,000 shall be for Oceanic and Atmospheric Re6 search, $633,010,000 shall be for the National Weather

7 Service, $425,897,000 shall be for the National Environ8 mental Satellite, Data, and Information Service,

9 $66,876,000 shall be for Program Support.

10 COASTAL ZONE MANAGEMENT FUND

11 Of amounts collected pursuant to section 308 of

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

13 1456a), not to exceed $7,800,000, for purposes set forth

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

15 such Act.

16 CONSTRUCTION

17 For repair and modification of, and additions to, ex18 isting facilities and construction of new facilities, and for

19 facility planning and design and land acquisition not oth20 erwise provided for the National Oceanic and Atmos21 pheric Administration, $36,000,000 $58,000,000, to re22 main available until expended.

23 FLEET MODERNIZATION, SHIPBUILDING AND

24 CONVERSION

25 For expenses necessary for the repair, acquisition,

26 leasing, or conversion of vessels, including related equip-
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1 ment to maintain and modernize the existing fleet and to

2 continue planning the modernization of the fleet, for the

3 National Oceanic and Atmospheric Administration,

4 $6,000,000 $8,000,000, to remain available until ex5 pended.

6 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

7 FUND

8 For carrying out the provisions of section 3 of Pub9 lic Law 95–376, not to exceed $200,000, to be derived

10 from receipts collected pursuant to subsections (b) and

11 (f) of section 10 of the Fishermen’s Protective Act of

12 1967 (22 U.S.C. 1980), to remain available until ex13 pended.

14 FISHERMEN’S CONTINGENCY FUND

15 For carrying out the provisions of title IV of Public

16 Law 95–372, not to exceed $1,000,000, to be derived

17 from receipts collected pursuant to that Act, to remain

18 available until expended.

19 FOREIGN FISHING OBSERVER FUND

20 For expenses necessary to carry out the provisions

21 of the Atlantic Tunas Convention Act of 1975, as amend22 ed (Public Law 96–339), the Magnuson Fishery Con23 servation and Management Act of 1976, as amended

24 (Public Law 100–627), and the American Fisheries Pro25 motion Act (Public Law 96–561), to be derived from the

26 fees imposed under the foreign fishery observer program
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1 authorized by these Acts, not to exceed $196,000, to re2 main available until expended.

3 FISHING VESSEL OBLIGATIONS GUARANTEES

4 For the cost of guaranteed loans, $250,000, as au5 thorized by the Merchant Marine Act of 1936, as amend6 ed: Provided, That such costs, including the cost of modi7 fying such loans, shall be as defined in section 502 of the

8 Congressional Budget Act of 1974: Provided further,

9 That none of the funds made available under this head10 ing may be used to guarantee loans for any new fishing

11 vessel that will increase the harvesting capacity in any

12 United States fishery.

13 TECHNOLOGY ADMINISTRATION

14 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

15 TECHNOLOGY POLICY

16 SALARIES AND EXPENSES

17 For necessary expenses for the Under Secretary for

18 Technology/Office of Technology Policy, $5,000,000.

19 GENERAL ADMINISTRATION

20 SALARIES AND EXPENSES

21 For expenses necessary for the general administra22 tion of the Department of Commerce provided for by law,

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

24 $27,400,000 $29,100,000.
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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 (5 U.S.C. App. 1–11

5 as amended by Public Law 100–504), $19,445,000

6 $20,849,000.

7 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

8 CONSTRUCTION OF RESEARCH FACILITIES

9 (RESCISSION)

10 Of the obligated and unobligated balances available

11 under this heading, $31,800,000 are rescinded.

12 NATIONAL OCEANIC AND ATMOSPHERIC

13 ADMINISTRATION

14 OPERATIONS, RESEARCH, AND FACILITIES

15 (RESCISSION)

16 Of the unobligated balances available under this

17 heading, $10,000,000 are rescinded.

18 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

20 appropriations and funds made available to the Depart21 ment of Commerce by this Act shall be available for the

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

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

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

25 be used for advanced payments not otherwise authorized
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1 only upon the certification of officials designated by the

2 Secretary that such payments are in the public interest.

3 SEC. 202. During the current fiscal year, appropria4 tions made available to the Department of Commerce by

5 this Act for salaries and expenses shall be available for

6 hire of passenger motor vehicles as authorized by 31

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

8 3109; and uniforms or allowances therefor, as authorized

9 by law (5 U.S.C. 5901–5902).

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

11 Act may be used to support the hurricane reconnaissance

12 aircraft and activities that are under the control of the

13 United States Air Force or the United States Air Force

14 Reserve.

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

16 previous Act, or hereinafter made available to the Depart17 ment of Commerce, shall be available to reimburse the Un18 employment Trust Fund or any other fund or account of

19 the Treasury to pay for any expenses paid before October

20 1, 1992, as authorized by section 8501 of title 5, United

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

22 by individuals appointed to temporary positions within the

23 Bureau of the Census for purposes relating to the 1990

24 decennial census of population.
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1 SEC. 205. Not to exceed 5 percent of any appropria2 tion made available for the current fiscal year for the De3 partment of Commerce in this Act may be transferred be4 tween such appropriations, but no such appropriation shall

5 be increased by more than 10 percent by any such trans6 fers: Provided, That any transfer pursuant to this section

7 shall be treated as a reprogramming of funds under sec8 tion 605 of this Act and shall not be available for obliga9 tion or expenditure except in compliance with the proce10 dures set forth in that section.

11 SEC. 206. (a) Should legislation be enacted to dis12 mantle or reorganize the Department of Commerce, the

13 Secretary of Commerce, no later than 90 days thereafter,

14 shall submit to the Committees on Appropriations of the

15 House and the Senate a plan for transferring funds pro16 vided in this Act to the appropriate successor organiza17 tions: Provided, That the plan shall include a proposal for

18 transferring or rescinding funds appropriated herein for

19 agencies or programs terminated under such legislation:

20 Provided further, That such plan shall be transmitted in

21 accordance with section 605 of this Act.

22 (b) The Secretary of Commerce or the appropriate

23 head of any successor organization(s) may use any avail24 able funds to carry out legislation dismantling or reor25 ganizing the Department of Commerce to cover the costs
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1 of actions relating to the abolishment, reorganization, or

2 transfer of functions and any related personnel action, in3 cluding voluntary separation incentives if authorized by

4 such legislation: Provided, That the authority to transfer

5 funds between appropriations accounts that may be nec6 essary to carry out this section is provided in addition to

7 authorities included under section 205 of this Act: Pro8 vided further, That use of funds to carry out this section

9 shall be treated as a reprogramming of funds under sec10 tion 605 of this Act and shall not be available for obliga11 tion or expenditure except in compliance with the proce12 dures set forth in that section.

13 SEC. 207. Any costs incurred by a Department or

14 agency funded under this title resulting from personnel

15 actions taken in response to funding reductions included

16 in this title shall be absorbed within the total budgetary

17 resources available to such Department or agency: Pro18 vided, That the authority to transfer funds between appro19 priations accounts as may be necessary to carry out this

20 section is provided in addition to authorities included else21 where in this Act: Provided further, That use of funds to

22 carry out this section shall be treated as a reprogramming

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

24 available for obligation or expenditure except in compli25 ance with the procedures set forth in that section.
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1 SEC. 208. None of the funds appropriated under this

2 Act or any other Act henceforth may be used to develop

3 new fishery management plans, amendments, or regula4 tions which create new individual fishing quota, individual

5 transferable quota, or new individual transferable effort

6 allocation programs, or to implement any such plans,

7 amendments, or regulations approved by a Regional Fish8 ery Management Council or the Secretary of Commerce

9 after January 4, 1995, until offsetting fees to pay for the

10 cost of administering such plans, amendments, or regula11 tions are expressly authorized under the Magnuson Fish12 ery Conservation and Management Act (16 U.S.C. 1801

13 et seq.). This restriction shall not apply in any way to any

14 such programs approved by the Secretary of Commerce

15 prior to January 4, 1995 the North Pacific halibut and

16 sablefish, South Atlantic wreckfish, or the Mid-Atlantic

17 surfclam and ocean (including mahogany) quohog individ18 ual quota programs.

19 SEC. 209. The Secretary may award contracts for hy20 drographic, geodetic, and photogrammetric surveying and

21 mapping services in accordance with title IX of the Fed22 eral Property and Administrative Services Act of 1949 (40

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

24 SEC. 210. There is hereby established the Bureau of

25 the Census Working Capital Fund, which shall be avail-
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1 able without fiscal year limitation, for expenses and equip2 ment necessary for the maintenance and operation of such

3 services and projects as the Director of the Census Bureau

4 determines may be performed more advantageously when

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

6 the fullest extent practicable, be used to make unnecessary

7 the maintenance of separate like services in the divisions

8 and offices of the Bureau: Provided further, That a sepa9 rate schedule of expenditures and reimbursements, and a

10 statement of the current assets and liabilities of the Work11 ing Capital Fund as of the close of the last completed fis12 cal year, shall be prepared each year: Provided further,

13 That notwithstanding 31 U.S.C. 3302, the Working Cap14 ital Fund may be credited with advances and reimburse15 ments from applicable appropriations of the Bureau and

16 from funds of other agencies or entities for services fur17 nished pursuant to law: Provided further, That any inven18 tories, equipment, and other assets pertaining to the serv19 ices to be provided by such funds, either on hand or on

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

21 any appropriations made hereafter for the purpose of pro22 viding capital, shall be used to capitalize the Working Cap23 ital Fund: Provided further, That the Working Capital

24 Fund shall provide for centralized services at rates which

25 will return in full all expenses of operation, including de-
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1 preciation of fund plant and equipment, amortization of

2 automated data processing software and hardware sys3 tems, and an amount necessary to maintain a reasonable

4 operating reserve as determined by the Director.

5 SEC. 211. None of the funds provided in this or any

6 previous Act, or hereinafter made available to the Depart7 ment of Commerce, shall be used to develop, implement or

8 collect any user fee for any activity within the Hawaiian

9 Islands National Humpback Whale Sanctuary or for any

10 use of the Sanctuary or its resources. The term ‘‘user fee’’

11 as used in this section does not include monetary or in12 kind payments raised through the sale, marketing, or use

13 of symbols or products or voluntary donations to the Na14 tional Marine Sanctuary Program.

15 This title may be cited as the ‘‘Department of Com16 merce and Related Agencies Appropriations Act, 1997’’.

17 TITLE III—THE JUDICIARY

18 SUPREME COURT OF THE UNITED STATES

19 SALARIES AND EXPENSES

20 For expenses necessary for the operation of the Su21 preme Court, as required by law, excluding care of the

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

23 maintenance, and operation of an automobile for the Chief

24 Justice, not to exceed $10,000 for the purpose of trans25 porting Associate Justices, and hire of passenger motor
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1 vehicles as authorized by 31 U.S.C. 1343 and 1344; not

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

3 expenses; and for miscellaneous expenses, to be expended

4 as the Chief Justice may approve; $27,157,000.

5 CARE OF THE BUILDING AND GROUNDS

6 For such expenditures as may be necessary to enable

7 the Architect of the Capitol to carry out the duties im8 posed upon him by the Act approved May 7, 1934 (40

9 U.S.C. 13a–13b), $2,490,000 $3,100,000, of which

10 $260,000 shall remain available until expended.

11 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

12 CIRCUIT

13 SALARIES AND EXPENSES

14 For salaries of the chief judge, judges, and other offi15 cers and employees, and for necessary expenses of the

16 court, as authorized by law, $15,013,000.

17 UNITED STATES COURT OF INTERNATIONAL TRADE

18 SALARIES AND EXPENSES

19 For salaries of the chief judge and eight judges, sala20 ries of the officers and employees of the court, services

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

22 of the court, as authorized by law, $11,114,000.
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1 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

2 JUDICIAL SERVICES

3 SALARIES AND EXPENSES

4 (INCLUDING TRANSFER OF FUNDS)

5 For the salaries of circuit and district judges (includ6 ing judges of the territorial courts of the United States),

7 justices and judges retired from office or from regular ac8 tive service, judges of the United States Court of Federal

9 Claims, bankruptcy judges, magistrate judges, and all

10 other officers and employees of the Federal Judiciary not

11 otherwise specifically provided for, and necessary expenses

12 of the courts, as authorized by law, $2,550,956,000 (re13 duced by $12,000,000) $2,578,646,000 (including the pur14 chase of firearms and ammunition); of which not to exceed

15 $13,454,000 shall remain available until expended for

16 space alteration projects; of which $500,000 shall be trans17 ferred to the Commission on Structural Alternatives for the

18 Federal Courts of Appeals; of which not to exceed

19 $10,000,000 shall remain available until expended for fur20 niture and furnishings related to new space alteration and

21 construction projects; and of which $500,000 is to remain

22 available until expended for acquisition of books, periodi23 cals, and newspapers, and all other legal reference mate24 rials, including subscriptions.

25 In addition, for expenses of the United States Court

26 of Federal Claims associated with processing cases under
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1 the National Childhood Vaccine Injury Act of 1986, not

2 to exceed $2,390,000, to be appropriated from the Vaccine

3 Injury Compensation Trust Fund.

4 VIOLENT CRIME REDUCTION PROGRAMS

5 For activities of the Federal Judiciary as authorized

6 by law, $30,000,000, to remain available until expended,

7 which shall be derived from the Violent Crime Reduction

8 Trust Fund, as authorized by section 190001(a) of Public

9 Law 103–322.

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); $297,000,000 $311,900,000, to remain available

5 until expended as authorized by 18 U.S.C. 3006A(i).

6 FEES OF JURORS AND COMMISSIONERS

7 For fees and expenses of jurors as authorized by 28

8 U.S.C. 1871 and 1876; compensation of jury commis9 sioners as authorized by 28 U.S.C. 1863; and compensa10 tion of commissioners appointed in condemnation cases

11 pursuant to rule 71A(h) of the Federal Rules of Civil Pro12 cedure (28 U.S.C. Appendix Rule 71A(h)); $66,000,000

13 $68,083,000, to remain available until expended: Provided,

14 That the compensation of land commissioners shall not ex15 ceed the daily equivalent of the highest rate payable under

16 section 5332 of title 5, United States Code.

17 COURT SECURITY

18 For necessary expenses, not otherwise provided for,

19 incident to the procurement, installation, and maintenance

20 of security equipment and protective services for the Unit21 ed States Courts in courtrooms and adjacent areas, in22 cluding building ingress-egress control, inspection of pack23 ages, directed security patrols, and other similar activities

24 as authorized by section 1010 of the Judicial Improvement

25 and Access to Justice Act (Public Law 100–702);

26 $131,000,000 $127,000,000, to be expended directly or
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1 transferred to the United States Marshals Service which

2 shall be responsible for administering elements of the Ju3 dicial Security Program consistent with standards or

4 guidelines agreed to by the Director of the Administrative

5 Office of the United States Courts and the Attorney Gen6 eral.

7 ADMINISTRATIVE OFFICE OF THE UNITED STATES

8 COURTS

9 SALARIES AND EXPENSES

10 For necessary expenses of the Administrative Office

11 of the United States Courts as authorized by law, includ12 ing travel as authorized by 31 U.S.C. 1345, hire of a pas13 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

14 advertising and rent in the District of Columbia and else15 where, $48,500,000 $50,900,000, of which not to exceed

16 $7,500 is authorized for official reception and representa17 tion expenses.

18 FEDERAL JUDICIAL CENTER

19 SALARIES AND EXPENSES

20 For necessary expenses of the Federal Judicial Cen21 ter, as authorized by Public Law 90–219, $17,495,000

22 $17,914,000; of which $1,800,000 shall remain available

23 through September 30, 1998, to provide education and

24 training to Federal court personnel; and of which not to
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1 exceed $1,000 is authorized for official reception and rep2 resentation expenses.

3 JUDICIAL RETIREMENT FUNDS

4 PAYMENT TO JUDICIARY TRUST FUNDS

5 For payment to the Judicial Officers’ Retirement

6 Fund, as authorized by 28 U.S.C. 377(o), $21,000,000,

7 to the Judicial Survivors’ Annuities Fund, as authorized

8 by 28 U.S.C. 376(c), $7,300,000, and to the United

9 States Court of Federal Claims Judges’ Retirement Fund,

10 as authorized by 28 U.S.C. 178(l), $1,900,000.

11 UNITED STATES SENTENCING COMMISSION

12 SALARIES AND EXPENSES

13 For the salaries and expenses necessary to carry out

14 the provisions of chapter 58 of title 28, United States

15 Code, $8,300,000 $8,867,000, of which not to exceed

16 $1,000 is authorized for official reception and representa17 tion expenses.

18 GENERAL PROVISIONS—THE JUDICIARY

19 SEC. 301. Appropriations and authorizations made in

20 this title which are available for salaries and expenses shall

21 be available for services as authorized by 5 U.S.C. 3109.

22 SEC. 302. Appropriations made in this title shall be

23 available for salaries and expenses of the Special Court

24 established under the Regional Rail Reorganization Act of

25 1973, Public Law 93–236.
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1 SEC. 303. Not to exceed 5 percent of any appropria2 tion made available for the current fiscal year for the Judi3 ciary in this Act may be transferred between such appro4 priations, but no such appropriation, except ‘‘Courts of

5 Appeals, District Courts, and other Judicial Services, De6 fender Services’’ and ‘‘Courts of Appeals, District Courts,

7 and other Judicial Services, Fees of Jurors and Commis8 sioners’’, shall be increased by more than 10 percent by

9 any such transfers: Provided, That any transfer pursuant

10 to this section shall be treated as a reprogramming of

11 funds under section 605 of this Act and shall not be avail12 able for obligation or expenditure except in compliance

13 with the procedures set forth in that section.

14 SEC. 304. Notwithstanding any other provision of

15 law, the salaries and expenses appropriation for district

16 courts, courts of appeals, and other judicial services shall

17 be available for official reception and representation ex18 penses of the Judicial Conference of the United States:

19 Provided, That such available funds shall not exceed

20 $10,000 and shall be administered by the Director of the

21 Administrative Office of the United States Courts in his

22 capacity as Secretary of the Judicial Conference.

23 SEC. 305. Section 612(l) of title 28, United States

24 Code, shall be amended as follows: strike ‘‘1997’’, and in25 sert in lieu thereof ‘‘1998’’.
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1 SEC. 306. None of the funds available to the Judiciary

2 in fiscal years 1996 and 1997 and hereafter shall be avail3 able for expenses authorized pursuant to section 802(a) of

4 title VIII of section 101(a) of title I of the Omnibus Consoli5 dated Rescissions and Appropriations Act of 1996, Public

6 Law 104–134, for costs related to the appointment of Spe7 cial Masters prior to April 26, 1996.

8 SEC. 307. (a) ESTABLISHMENT AND FUNCTIONS OF

9 COMMISSION.—

10 (1) ESTABLISHMENT.—There is established a

11 Commission on Structural Alternatives for the Fed12 eral Courts of Appeals (hereinafter referred to as the

13 ‘‘Commission’’).

14 (2) FUNCTIONS.—The function of the Commis15 sion shall be to—

16 (A) study the present division of the United

17 States into the several judicial circuits;

18 (B) study the structure and alignment of

19 the Federal courts of appeals with particular ref20 erence to the ninth circuit; and

21 (C) report to the President and Congress its

22 recommendations for such changes in circuit

23 boundaries or structure as may be appropriate

24 for the expeditious and effective disposition of the

25 caseload of the Federal Courts of Appeal, consist-
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1 ent with fundamental concepts of fairness and

2 due process.

3 (b) MEMBERSHIP.—

4 (1) COMPOSITION.—The Commission shall be

5 composed of eleven members appointed as follows:

6 (A) Two members appointed by the Presi7 dent of the United States.

8 (B) Three members appointed by the major9 ity leader of the Senate, in consultation with the

10 minority leader of the Senate.

11 (C) Three members appointed by the Speak12 er of the House of Representatives, in consulta13 tion with the minority leader of the House of

14 Representatives.

15 (D) Three members appointed by the Chief

16 Justice of the United States Supreme Court.

17 (2) VACANCY.—Any vacancy in the Commission

18 shall be filled in the same manner as the original ap19 pointment.

20 (3) CHAIR.—The Commission shall elect a Chair

21 and Vice Chair from among its members.

22 (4) QUORUM.—Six members of the Commission

23 shall constitute a quorum, but three may conduct

24 hearings.

25 (c) COMPENSATION.—
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1 (1) IN GENERAL.—Members of the Commission

2 who are officers, or full-time employees, of the United

3 States shall receive no compensation for their services,

4 but shall be reimbursed for travel, subsistence, and

5 other necessary expenses incurred in the performance

6 of duties vested in the Commission, but not in excess

7 of the maximum amounts authorized under section

8 456 of title 28, United States Code.

9 (2) PRIVATE MEMBERS.—Members of the Com10 mission from private life shall receive $200 per diem

11 for each day (including travel time) during which the

12 member is engaged in the actual performance of du13 ties vested in the Commission, plus reimbursement for

14 travel, subsistence, and other necessary expenses in15 curred in the performance of such duties, but not in

16 excess of the maximum amounts authorized under sec17 tion 456 of title 28, United States Code.

18 (d) PERSONNEL.—

19 (1) EXECUTIVE DIRECTOR.—The Commission

20 may appoint an Executive Director who shall receive

21 compensation at a rate not exceeding the rate pre22 scribed for level V of the Executive Schedule under

23 section 5316 of title V, United States Code.

24 (2) STAFF.—The Executive Director, with ap25 proval of the Commission, may appoint and fix the
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1 compensation of such additional personnel as he de2 termines necessary, without regard to the provisions

3 of title 5, United States Code, governing appoint4 ments in the competitive service or the provisions of

5 chapter 51 and subchapter III of chapter 53 of such

6 title relating to classification and General Schedule

7 pay rates. Compensation under this subsection shall

8 not exceed the annual maximum rate of basic pay for

9 a position above GS–15 of the General Schedule

10 under section 5108 of title 5, United States Code.

11 (3) EXPERTS AND CONSULTANTS.—The Execu12 tive Director may procure personal services of experts

13 and consultants as authorized by section 3109 of title

14 5, United States Code, at rates not to exceed the high15 est level payable under the General Schedule pay

16 rates under section 5332 of title 5, United States

17 Code.

18 (4) SERVICES.—The Administrative Office of the

19 United States Courts shall provide administrative

20 services, including financial and budgeting services,

21 for the Commission on a reimbursable basis. The Fed22 eral Judicial Center shall provide necessary research

23 services on a reimbursable basis.

24 (e) INFORMATION.—The Commission is authorized to

25 request from any department, agency, or independent in-
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1 strumentality of the Government any information and as2 sistance it determines necessary to carry out its functions

3 under this title and each such department, agency, and

4 independent instrumentality is authorized to provide such

5 information and assistance to the extent permitted by law

6 when requested by the Chair of the Commission.

7 (f) REPORT.—The Commission shall transmit its re8 port to the President and the Congress no later than one

9 year after enactment of this Act. The Commission shall ter10 minate ninety days after the date of the submission of its

11 report.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

13 authorized to be appropriated to the Commission such sums,

14 not to exceed $500,000, as may be necessary to carry out

15 the purposes of this title. Such sums as are appropriated

16 shall remain available until expended.

17 (h) CONGRESSIONAL CONSIDERATION.—Within sixty

18 days of the transmission of the report, the Committee on

19 the Judiciary of the Senate shall act on the report.

20 This title may be cited as ‘‘The Judiciary Appropria21 tions Act, 1997’’.
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1 TITLE IV—DEPARTMENT OF STATE AND

2 RELATED AGENCIES

3 DEPARTMENT OF STATE

4 ADMINISTRATION OF FOREIGN AFFAIRS

5 DIPLOMATIC AND CONSULAR PROGRAMS

6 For necessary expenses of the Department of State

7 and the Foreign Service not otherwise provided for, includ8 ing expenses authorized by the State Department Basic

9 Authorities Act of 1956, as amended; representation to

10 certain international organizations in which the United

11 States participates pursuant to treaties, ratified pursuant

12 to the advice and consent of the Senate, or specific Acts

13 of Congress; acquisition by exchange or purchase of pas14 senger motor vehicles as authorized by 31 U.S.C. 1343,

15 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses

16 of general administration; $1,705,000,000 (reduced by

17 $14,000,000) $1,700,450,000: Provided, That notwith18 standing section 140(a)(5), and the second sentence of

19 section 140(a)(3), of the Foreign Relations Authorization

20 Act, Fiscal Years 1994 and 1995 (Public Law 103–236),

21 not to exceed $150,000,000 of fees may be collected dur22 ing fiscal year 1997 under the authority of section

23 140(a)(1) of that Act: Provided further, That all fees col24 lected under the preceding proviso shall be deposited in

25 fiscal year 1997 as an offsetting collection to appropria-
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1 tions made under this heading to recover the costs of pro2 viding consular services and shall remain available until

3 expended: Provided further, That in fiscal year 1998, a

4 system shall be in place that allocates to each department

5 and agency the full cost of its presence outside of the Unit6 ed States.

7 Of the funds provided under this heading,

8 $24,856,000 shall be available only for the Diplomatic

9 Telecommunications Service for operation of existing base

10 services and not to exceed $17,230,000 shall be available

11 only for the enhancement of the Diplomatic Telecommuni12 cations Service and shall remain available until expended.

13 Of the latter amount, $2,500,000 shall not be made avail14 able until expiration of the 15 day period beginning on

15 the date when the Secretary of State and the Director of

16 the Diplomatic Telecommunications Service submit the

17 pilot program report required by section 507 of Public

18 Law 103–317.

19 In addition, not to exceed $700,000 in registration

20 fees collected pursuant to section 38 of the Arms Export

21 Control Act, as amended, may be used in accordance with

22 section 45 of the State Department Basic Authorities Act

23 of 1956 (22 U.S.C. 2717); and in addition not to exceed

24 $1,223,000 shall be derived from fees collected from other

25 executive agencies for lease or use of facilities located at
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1 the International Center in accordance with section 4 of

2 the International Center Act (Public Law 90–553), as

3 amended; and in addition, as authorized by section 5 of

4 such Act, $450,000, to be derived from the reserve author5 ized by that section, to be used for the purposes set out

6 in that section; and in addition not to exceed $15,000

7 which shall be derived from reimbursements, surcharges,

8 and fees for use of Blair House facilities in accordance

9 with section 46 of the State of Department Basic Authori10 ties Act of 1956 (22 U.S.C. 2718(a)).

11 Notwithstanding section 402 of this Act, not to ex12 ceed 20 percent of the amounts made available in this Act

13 in the appropriation accounts ‘‘Diplomatic and Consular

14 Programs’’ and ‘‘Salaries and Expenses’’ under the head15 ing ‘‘Administration of Foreign Affairs’’ may be trans16 ferred between such appropriation accounts: Provided,

17 That any transfer pursuant to this sentence shall be treat18 ed as a reprogramming of funds under section 605 of this

19 Act and shall not be available for obligation or expenditure

20 except in compliance with the procedures set forth in that

21 section.

22 SALARIES AND EXPENSES

23 For expenses necessary for the general administra24 tion of the Department of State and the Foreign Service,

25 provided for by law, including expenses authorized by sec26 tion 9 of the Act of August 31, 1964, as amended (31
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1 U.S.C. 3721), and the State Department Basic Authori2 ties Act of 1956, as amended, $352,300,000 $357,000,000.

3 CAPITAL INVESTMENT FUND

4 For necessary expenses of the Capital Investment

5 Fund, $16,400,000 $32,800,000, to remain available until

6 expended, as authorized in Public Law 103–236: Provided,

7 That section 135(e) of Public Law 103–236 shall not

8 apply to funds appropriated under this heading.

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

12 General Act of 1978, as amended (5 U.S.C. App.),

13 $27,495,000, notwithstanding section 209(a)(1) of the

14 Foreign Service Act of 1980, as amended (Public Law 96–

15 465), as it relates to post inspections: Provided, That not16 withstanding any other provision of law, (1) the Office of

17 Inspector General of the United States Information Agen18 cy is hereby merged with the Office of Inspector General

19 of the Department of State; (2) the functions exercised

20 and assigned to the Office of Inspector General of the

21 United States Information Agency before the effective

22 date of this Act (including all related functions) are trans23 ferred to the Office of Inspector General of the Depart24 ment of State; and (3) the Inspector General of the De25 partment of State shall also serve as the Inspector General

26 of the United States Information Agency: Provided fur-
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1 ther, That notwithstanding any other provision of law, the

2 merger of the Office of the Inspector General of the United

3 States Information Agency with the Office of the Inspector

4 General of the Department of State provided for in the De5 partments of Commerce, Justice, and State, the Judiciary

6 and Related Agencies Appropriations Act, 1996, contained

7 in Public Law 104–134, is effective hereafter.

8 REPRESENTATION ALLOWANCES

9 For representation allowances as authorized by sec10 tion 905 of the Foreign Service Act of 1980, as amended

11 (22 U.S.C. 4085), $4,490,000.

12 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

13 For expenses, not otherwise provided, to enable the

14 Secretary of State to provide for extraordinary protective

15 services in accordance with the provisions of section 214

16 of the State Department Basic Authorities Act of 1956

17 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000, to re18 main available until September 30, 1998.

19 SECURITY AND MAINTENANCE OF UNITED STATES

20 MISSIONS

21 For necessary expenses for carrying out the Foreign

22 Service Buildings Act of 1926, as amended (22 U.S.C.

23 292–300), and the Diplomatic Security Construction Pro24 gram as authorized by title IV of the Omnibus Diplomatic

25 Security and Antiterrorism Act of 1986 (22 U.S.C. 4851),

26 $370,000,000 $360,000,000, to remain available until ex-
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1 pended as authorized by section 24(c) of the State Depart2 ment Basic Authorities Act of 1956 (22 U.S.C. 2696(c)):

3 Provided, That none of the funds appropriated in this

4 paragraph shall be available for acquisition of furniture

5 and furnishings and generators for other departments and

6 agencies.

7 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

8 SERVICE

9 For expenses necessary to enable the Secretary of

10 State to meet unforeseen emergencies arising in the Diplo11 matic and Consular Service pursuant to the requirement

12 of 31 U.S.C. 3526(e), $5,800,000, to remain available

13 until expended as authorized by section 24(c) of the State

14 Department Basic Authorities Act of 1956 (22 U.S.C.

15 2696(c)), of which not to exceed $1,000,000 may be trans16 ferred to and merged with the Repatriation Loans Pro17 gram Account, subject to the same terms and conditions.

18 REPATRIATION LOANS PROGRAM ACCOUNT

19 For the cost of direct loans, $593,000, as authorized

20 by section 4 of the State Department Basic Authorities

21 Act of 1956 (22 U.S.C. 2671): Provided, That such costs,

22 including the cost of modifying such loans, shall be as de23 fined in section 502 of the Congressional Budget Act of

24 1974. In addition, for administrative expenses necessary

25 to carry out the direct loan program, $663,000 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), $15,001,000

6 $14,165,000.

7 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

8 DISABILITY FUND

9 For payment to the Foreign Service Retirement and

10 Disability Fund, as authorized by law, $126,491,000.

11 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

12 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 For expenses, not otherwise provided for, necessary

14 to meet annual obligations of membership in international

15 multilateral organizations, pursuant to treaties ratified

16 pursuant to the advice and consent of the Senate, conven17 tions or specific Acts of Congress, $875,000,000

18 $550,000,000: Provided, That any payment of arrearages

19 shall be directed toward special activities that are mutually

20 agreed upon by the United States and the respective inter21 national organization: Provided further, That 20 percent

22 of the funds appropriated in this paragraph for the as23 sessed contribution of the United States to the United Na24 tions shall be withheld from obligation and expenditure

25 until a certification is made under section 401(b) of Public

26 Law 103–236 for fiscal year 1997: Provided further, That
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1 certification under section 401(b) of Public Law 103–236

2 for fiscal year 1997 may only be made if the Committees

3 on Appropriations and Foreign Relations of the Senate

4 and the Committees on Appropriations and International

5 Relations of the House of Representatives are notified of

6 the steps taken, and anticipated, to meet the requirements

7 of section 401(b) of Public Law 103–236 at least 15 days

8 in advance of the proposed certification: Provided further,

9 That none of the funds appropriated in this paragraph

10 shall be available for a United States contribution to an

11 international organization for the United States share of

12 interest costs made known to the United States Govern13 ment by such organization for loans incurred on or after

14 October 1, 1984, through external borrowings:–Provided

15 further, That of the funds appropriated in this paragraph,

16 $80,000,000 may be made available only on a quarterly

17 basis and only after the Secretary of State certifies on a

18 quarterly basis that the United Nations has taken no ac19 tion to increase funding for any United Nations program

20 without identifying an offsetting decrease elsewhere in the

21 United Nations budget and cause the United Nations to

22 exceed its no growth budget for the biennium 1996–1997

23 adopted in December, 1995: Provided further, That of the

24 funds appropriated in this paragraph, $100,000,000 may

25 be made available only in quarterly installments of
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1 $25,000,000 pursuant to a certification by the Secretary of

2 State on a quarterly basis that the United Nations has

3 taken no action to increase funding for any United Nations

4 program without identifying an offsetting decrease else5 where in the United Nations budget and cause the United

6 Nations to exceed its no growth budget for the biennium

7 1996–1997 adopted in December, 1995: Provided further,

8 That if for any quarter, the Secretary of State is unable

9 to make the aforementioned certification, the $25,000,000

10 is to be applied to reducing fiscal year 1998 obligations

11 to the International Atomic Energy Agency, the World

12 Trade Organization, or the North Atlantic Treaty Organi13 zation, subject to the reprogramming procedures contained

14 in section 605 of this Act: Provided further, That notwith15 standing section 402 of this Act, not to exceed

16 $10,000,000 may be transferred from the funds made

17 available under this heading to the ‘‘International Con18 ferences and Contingencies’’ account for assessed con19 tributions to new or provisional international organiza20 tions: Provided further, That any transfer pursuant to this

21 paragraph shall be treated as a reprogramming of funds

22 under section 605 of this Act and shall not be available

23 for obligation or expenditure except in compliance with the

24 procedures set forth in that section.
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1 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

2 ACTIVITIES

3 For necessary expenses to pay assessed and other ex4 penses of international peacekeeping activities directed to

5 the maintenance or restoration of international peace and

6 security, $332,400,000, of which $50,000,000 is for pay7 ment of arrearages accumulated in 1995, and which shall

8 be available only upon certification by the Secretary of

9 State that at least two of the following have been achieved:

10 (1) savings of at least $100,000,000 will be achieved in

11 the biennial expenses of the following United Nations divi12 sions and activities—the United Nations Conference on

13 Trade and Development, the Regional Economic Commis14 sions, the Department of Public Information, and the De15 partment of Conference Services, travel and overtime; (2)

16 the number of professional and general service staff em17 ployed by the United Nations Secretariat at the conclusion

18 of the 1996–1997 biennium will be at least ten percent

19 below the number of such positions on January 1, 1996;

20 and (3) the United Nations has adopted a budget outline

21 for the 1998–1999 biennium that is below

22 $2,608,000,000; as part of a five-year program to achieve

23 major cost-saving reforms in the United Nations and spe24 cialized agencies $282,600,000: Provided, That none of the

25 funds made available under this Act shall be obligated or
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1 expended for any new or expanded United Nations peace2 keeping mission unless, at least fifteen days in advance

3 of voting for the new or expanded mission in the United

4 Nations Security Council (or in an emergency, as far in

5 advance as is practicable), (1) the Committees on Appro6 priations of the House of Representatives and the Senate

7 and other appropriate Committees of the Congress are no8 tified of the estimated cost and length of the mission, the

9 vital national interest that will be served, and the planned

10 exit strategy; and (2) a reprogramming of funds pursuant

11 to section 605 of this Act is submitted, and the procedures

12 therein followed, setting forth the source of funds that will

13 be used to pay for the cost of the new or expanded mission:

14 Provided further, That funds shall be available for peace15 keeping expenses only upon a certification by the Sec16 retary of State to the appropriate committees of the Con17 gress that American manufacturers and suppliers are

18 being given opportunities to provide equipment, services,

19 and material for United Nations peacekeeping activities

20 equal to those being given to foreign manufacturers and

21 suppliers.

22 INTERNATIONAL COMMISSIONS

23 For necessary expenses, not otherwise provided for,

24 to meet obligations of the United States arising under

25 treaties, or specific Acts of Congress, as follows:
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1 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

2 UNITED STATES AND MEXICO

3 For necessary expenses for the United States Section

4 of the International Boundary and Water Commission,

5 United States and Mexico, and to comply with laws appli6 cable to the United States Section, including not to exceed

7 $6,000 for representation; as follows:

8 SALARIES AND EXPENSES

9 For salaries and expenses, not otherwise provided for,

10 $18,490,000.

11 CONSTRUCTION

12 For detailed plan preparation and construction of au13 thorized projects, $6,463,000 $7,568,000, to remain avail14 able until expended, as authorized by section 24(c) of the

15 State Department Basic Authorities Act of 1956 (22

16 U.S.C. 2696(c)).

17 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

18 For necessary expenses, not otherwise provided for

19 the International Joint Commission and the International

20 Boundary Commission, United States and Canada, as au21 thorized by treaties between the United States and Can22 ada or Great Britain, and for the Border Environment

23 Cooperation Commission as authorized by Public Law

24 103–182; $5,490,000 $5,627,000, of which not to exceed

25 $9,000 shall be available for representation expenses in26 curred by the International Joint Commission.
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1 INTERNATIONAL FISHERIES COMMISSIONS

2 For necessary expenses for international fisheries

3 commissions, not otherwise provided for, as authorized by

4 law, $10,450,000 $9,051,000: Provided, That the United

5 States’ share of such expenses may be advanced to the

6 respective commissions, pursuant to 31 U.S.C. 3324.

7 OTHER

8 PAYMENT TO THE ASIA FOUNDATION

9 For a grant to the Asia Foundation, as authorized

10 by section 501 of Public Law 101–246, $8,000,000, to

11 remain available until expended, as authorized by section

12 24(c) of the State Department Basic Authorities Act of

13 1956 (22 U.S.C. 2696(c)).

14 RELATED AGENCIES

15 ARMS CONTROL AND DISARMAMENT AGENCY

16 ARMS CONTROL AND DISARMAMENT ACTIVITIES

17 For necessary expenses not otherwise provided, for

18 arms control, nonproliferation, and disarmament activi19 ties, $38,495,000 $30,000,000, of which not to exceed

20 $50,000 shall be for official reception and representation

21 expenses as authorized by the Act of September 26, 1961,

22 as amended (22 U.S.C. 2551 et seq.).
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1 UNITED STATES INFORMATION AGENCY

2 SALARIES AND EXPENSES

3 For expenses, not otherwise provided for, necessary

4 to enable the United States Information Agency, as au5 thorized by the Mutual Educational and Cultural Ex6 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

7 the United States Information and Educational Exchange

8 Act of 1948, as amended (22 U.S.C. 1431 et seq.), and

9 Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to

10 carry out international communication, educational and

11 cultural activities; and to carry out related activities au12 thorized by law, including employment, without regard to

13 civil service and classification laws, of persons on a tem14 porary basis (not to exceed $700,000 of this appropria15 tion), as authorized by section 801 of such Act of 1948

16 (22 U.S.C. 1471), and entertainment, including official re17 ceptions, within the United States, not to exceed $25,000

18 as authorized by section 804(3) of such Act of 1948 (22

19 U.S.C. 1474(3)); $439,300,000 $440,000,000: Provided,

20 That not to exceed $1,400,000 may be used for represen21 tation abroad as authorized by section 302 of such Act

22 of 1948 (22 U.S.C. 1452) and section 905 of the Foreign

23 Service Act of 1980 (22 U.S.C. 4085): Provided further,

24 That not to exceed $7,615,000, to remain available until

25 expended, may be credited to this appropriation from fees
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1 or other payments received from or in connection with

2 English teaching, library, motion pictures, student advis3 ing and counseling, and publication programs as author4 ized by section 810 of such Act of 1948 (22 U.S.C.

5 1475e): Provided further, That not to exceed $1,100,000

6 to remain available until expended may be used to carry

7 out projects involving security construction and related

8 improvements for agency facilities not physically located

9 together with Department of State facilities abroad.

10 TECHNOLOGY FUND

11 For expenses necessary to enable the United States

12 Information Agency to provide for the procurement of in13 formation technology improvements, as authorized by the

14 United States Information and Educational Exchange Act

15 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

16 Educational and Cultural Exchange Act of 1961, as

17 amended (22 U.S.C. 2451 et seq.), and Reorganization

18 Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re19 main available until expended.

20 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

21 For expenses of educational and cultural exchange

22 programs, as authorized by the Mutual Educational and

23 Cultural Exchange Act of 1961, as amended (22 U.S.C.

24 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91

25 Stat. 1636), $185,000,000 $183,000,000, to remain avail-
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1 able until expended as authorized by section 105 of such

2 Act of 1961 (22 U.S.C. 2455).

3 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

4 FUND

5 For necessary expenses of Eisenhower Exchange Fel6 lowships, Incorporated, as authorized by sections 4 and

7 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

8 U.S.C. 5204–5205), all interest and earnings accruing to

9 the Eisenhower Exchange Fellowship Program Trust

10 Fund on or before September 30, 1997, to remain avail11 able until expended: Provided, That none of the funds ap12 propriated herein shall be used to pay any salary or other

13 compensation, or to enter into any contract providing for

14 the payment thereof, in excess of the rate authorized by

15 5 U.S.C. 5376; or for purposes which are not in accord16 ance with OMB Circulars A–110 (Uniform Administrative

17 Requirements) and A–122 (Cost Principles for Non-profit

18 Organizations), including the restrictions on compensation

19 for personal services.

20 ISRAELI ARAB SCHOLARSHIP PROGRAM

21 For necessary expenses of the Israeli Arab Scholar22 ship Program as authorized by section 214 of the Foreign

23 Relations Authorization Act, Fiscal Years 1992 and 1993

24 (22 U.S.C. 2452), all interest and earnings accruing to

25 the Israeli Arab Scholarship Fund on or before September

26 30, 1997, to remain available until expended.
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1 INTERNATIONAL BROADCASTING OPERATIONS

2 For expenses necessary to enable the United States

3 Information Agency, as authorized by the United States

4 Information and Educational Exchange Act of 1948, as

5 amended, the United States International Broadcasting

6 Act of 1994, as amended, the Radio Broadcasting to Cuba

7 Act, as amended, and Reorganization Plan No. 2 of 1977,

8 to carry out international communication activities, in9 cluding the purchase, installation, rent, construction, or

10 improvement of facilities and equipment for radio trans11 mission and reception to Cuba; $335,700,000, of which

12 not to exceed $16,000 may be used for official receptions

13 within the United States as authorized by section 804(3)

14 of such Act of 1948 (22 U.S.C. 1474(3)), not to exceed

15 $35,000 may be used for representation abroad as author16 ized by section 302 of such Act of 1948 (22 U.S.C. 1452)

17 and section 905 of the Foreign Service Act of 1980 (22

18 U.S.C. 4085), and not to exceed $39,000 may be used for

19 official reception and representation expenses of Radio

20 Free Europe/Radio Liberty; and in addition, not to exceed

21 $250,000 from fees as authorized by section 810 of such

22 Act of 1948 (22 U.S.C. 1475e), to remain available until

23 expended for carrying out authorized purposes; and in ad24 dition, notwithstanding any other provision of law, not to

25 exceed $1,000,000 in monies received (including receipts
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1 from advertising, if any) by or for the use of the United

2 States Information Agency from or in connection with

3 broadcasting resources owned by or on behalf of the Agen4 cy, to be available until expended for carrying out author5 ized purposes: Provided, That, of the amount provided

6 under this heading, $9,300,000 may be made available for

7 grants for the operating costs of Radio Free Asia under

8 section 309 of the United States International Broadcast9 ing Act of 1994.

10 INTERNATIONAL BROADCASTING OPERATIONS

11 For expenses necessary to enable the United States In12 formation Agency, as authorized by the United States Infor13 mation and Educational Exchange Act of 1948, as amend14 ed, the United States International Broadcasting Act of

15 1994, as amended, and Reorganization Plan No. 2 of 1977,

16 to carry out international communication activities;

17 $325,000,000, of which $5,000,000, shall remain available

18 until expended, not to exceed $16,000 may be used for offi19 cial receptions within the United States as authorized by

20 22 U.S.C. 1474(3), not to exceed $35,000 may be used for

21 representation abroad as authorized by 22 U.S.C. 1452 and

22 4085, and not to exceed $39,000 may be used for official

23 reception and representation expenses of Radio Free Eu24 rope/Radio Liberty; and in addition, not to exceed $250,000

25 from fees as authorized by section 810 of the United States

26 Information and Educational Exchange Act of 1948, as
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1 amended, to remain available until expended for carrying

2 out authorized purposes; and in addition, notwithstanding

3 any other provision of law, not to exceed $1,000,000 in

4 monies received (including receipts from advertising, if

5 any) by or for the use of the United States Information

6 Agency from or in connection with broadcasting resources

7 owned by or on behalf of the Agency, to be available until

8 expended for carrying out authorized purposes.

9 BROADCASTING TO CUBA

10 For expenses necessary to enable the United States In11 formation Agency to carry out the Radio Broadcasting to

12 Cuba Act, as amended, the Television Broadcasting to Cuba

13 Act, and the International Broadcasting Act of 1994, in14 cluding the purchase, rent, construction, and improvement

15 of facilities for radio and television transmission and recep16 tion, and purchase and installation of necessary equipment

17 for radio and television transmission and reception,

18 $25,000,000 to remain available until expended.

19 RADIO CONSTRUCTION

20 For the purchase, rent, construction, and improve21 ment of facilities for radio transmission and reception, and

22 purchase and installation of necessary equipment for radio

23 and television transmission and reception as authorized by

24 section 801 of the United States Information and Edu25 cational Exchange Act of 1948 (22 U.S.C. 1471),

26 $39,000,000 $32,000,000, to remain available until ex-
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1 pended, as authorized by section 704(a) of such Act of

2 1948 (22 U.S.C. 1477b(a)).

3 EAST-WEST CENTER

4 To enable the Director of the United States Informa5 tion Agency to provide for carrying out the provisions of

6 the Center for Cultural and Technical Interchange Between

7 East and West Act of 1960 (22 U.S.C. 2054–2057), by grant

8 to the Center for Cultural and Technical Interchange Be9 tween East and West in the State of Hawaii, $11,750,000:

10 Provided, That none of the funds appropriated herein shall

11 be used to pay any salary, or enter into any contract pro12 viding for the payment thereof, in excess of the rate author13 ized by 5 U.S.C. 5376.

14 NORTH/SOUTH CENTER

15 To enable the Director of the United States Informa16 tion Agency to provide for carrying out the provisions of

17 the North/South Center Act of 1991 (22 U.S.C. 2075), by

18 grant to an educational institution in Florida known as

19 the North/South Center, $2,000,000, to remain available

20 until expended.

21 NATIONAL ENDOWMENT FOR DEMOCRACY

22 For grants made by the United States Information

23 Agency to the National Endowment for Democracy as au24 thorized by the National Endowment for Democracy Act,

25 $30,000,000, to remain available until expended.
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1 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

2 RELATED AGENCIES

3 SEC. 401. Funds appropriated under this title shall

4 be available, except as otherwise provided, for allowances

5 and differentials as authorized by subchapter 59 of 5

6 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

7 hire of passenger transportation pursuant to 31 U.S.C.

8 1343(b).

9 SEC. 402. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the De11 partment of State in this Act may be transferred between

12 such appropriations, but no such appropriation, except as

13 otherwise specifically provided, shall be increased by more

14 than 10 percent by any such transfers: Provided, That not

15 to exceed 5 percent of any appropriation made available

16 for the current fiscal year for the United States Informa17 tion Agency in this Act may be transferred between such

18 appropriations, but no such appropriation, except as oth19 erwise specifically provided, shall be increased by more

20 than 10 percent by any such transfers: Provided further,

21 That any transfer pursuant to this section shall be treated

22 as a reprogramming of funds under section 605 of this

23 Act and shall not be available for obligation or expenditure

24 except in compliance with the procedures set forth in that

25 section.
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1 SEC. 403. Funds hereafter appropriated or otherwise

2 made available under this Act or any other Act may be

3 expended for compensation of the United States Commis4 sioner of the International Boundary Commission, United

5 States and Canada, only for actual hours worked by such

6 Commissioner.

7 SEC. 404. Funds appropriated by this Act for the

8 United States Information Agency, the Arms Control and

9 Disarmament Agency, and the Department of State may

10 be obligated and expended notwithstanding section 701 of

11 the United States Information and Educational Exchange

12 Act of 1948 and section 313 of the Foreign Relations Au13 thorization Act, Fiscal Years 1994 and 1995, section 53

14 of the Arms Control and Disarmament Act, and section

15 15 of the State Department Basic Authorities Act of

16 1956.

17 SEC. 405. Any costs incurred by a Department or

18 agency funded under this title resulting from personnel

19 actions taken in response to funding reductions included

20 in this title shall be absorbed within the total budgetary

21 resources available to such Department or agency: Pro22 vided, That the authority to transfer funds between appro23 priations accounts as may be necessary to carry out this

24 section is provided in addition to authorities included else25 where in this Act: Provided further, That use of funds to
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1 carry out this section shall be treated as a reprogramming

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

3 available for obligation or expenditure except in compli4 ance with the procedures set forth in that section.

5 SEC. 406. None of the funds made available by this

6 Act or any other Act may be made available to support

7 the negotiating activities of the Standing Consultative

8 Commission (SCC) or to implement agreements, amend9 ments, or understandings to the Anti-Ballistic Missile

10 Treaty of 1972 (hereafter referred to as the ‘‘ABM Trea11 ty’’) reached after January 1, 1996 by the Standing Con12 sultative Commission or pursuant to United States-Rus13 sian bilateral discussions regarding the establishment of

14 a demarcation between theater missile defense systems

15 and anti-ballistic missile systems for the purposes of the

16 ABM Treaty or multilateralization of the ABM Treaty un17 less the President certifies to the Congress that any

18 amendments, agreements, or understandings reached pur19 suant to these activities or discussions will be submitted

20 to the Senate for its advice and consent.

21 This title may be cited as the ‘‘Department of State

22 and Related Agencies Appropriations Act, 1997’’.
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1 TITLE V—RELATED AGENCIES

2 DEPARTMENT OF TRANSPORTATION

3 MARITIME ADMINISTRATION

4 OPERATING-DIFFERENTIAL SUBSIDIES

5 (LIQUIDATION OF CONTRACT AUTHORITY)

6 For the payment of obligations incurred for operat7 ing-differential subsidies, as authorized by the Merchant

8 Marine Act, 1936, as amended, $148,430,000, to remain

9 available until expended.

10 MARITIME SECURITY PROGRAM

11 For necessary expenses to maintain and preserve a

12 U.S.-flag merchant fleet to serve the national security

13 needs of the United States, $63,000,000, to remain avail14 able until expended: Provided, That these funds will be

15 available only upon enactment of an authorization for this

16 program.

17 OPERATIONS AND TRAINING

18 For necessary expenses of operations and training ac19 tivities authorized by law, $62,300,000 $66,600,000: Pro20 vided, That reimbursements may be made to this appro21 priation from receipts to the ‘‘Federal Ship Financing

22 Fund’’ for administrative expenses in support of that pro23 gram in addition to any amount heretofore appropriated.
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1 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, as authorized by

4 the Merchant Marine Act, 1936, $37,450,000, to remain

5 available until expended: Provided, That such costs, in6 cluding the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of

8 1974, as amended: Provided further, That these funds are

9 available to subsidize total loan principal, any part of

10 which is to be guaranteed, not to exceed $1,000,000,000.

11 In addition, for administrative expenses to carry out

12 the guaranteed loan program, not to exceed $3,450,000,

13 which shall be transferred to and merged with the appro14 priation for Operations and Training.

15 ADMINISTRATIVE PROVISIONS—MARITIME

16 ADMINISTRATION

17 Notwithstanding any other provision of this Act, the

18 Maritime Administration is authorized to furnish utilities

19 and services and make necessary repairs in connection

20 with any lease, contract, or occupancy involving Govern21 ment property under control of the Maritime Administra22 tion, and payments received therefor shall be credited to

23 the appropriation charged with the cost thereof: Provided,

24 That rental payments under any such lease, contract, or

25 occupancy for items other than such utilities, services, or
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1 repairs shall be covered into the Treasury as miscellaneous

2 receipts.

3 No obligations shall be incurred during the current

4 fiscal year from the construction fund established by the

5 Merchant Marine Act, 1936, or otherwise, in excess of the

6 appropriations and limitations contained in this Act or in

7 any prior appropriation Act, and all receipts which other8 wise would be deposited to the credit of said fund shall

9 be covered into the Treasury as miscellaneous receipts.

10 COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW

11 ENFORCEMENT

12 SALARIES AND EXPENSES

13 For necessary expenses of the Commission on the Ad14 vancement of Federal Law Enforcement, as authorized by

15 the Antiterrorism and Effective Death Penalty Act of

16 1996, $2,000,000, to remain available until September 30,

17 1998.

18 COMMISSION FOR THE PRESERVATION OF AMERICA’S

19 HERITAGE ABROAD

20 SALARIES AND EXPENSES

21 For expenses for the Commission for the Preservation

22 of America’s Heritage Abroad, $206,000, as authorized by

23 Public Law 99–83, section 1303.
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1 COMMISSION ON CIVIL RIGHTS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Civil

4 Rights, including hire of passenger motor vehicles,

5 $8,740,000: Provided, That not to exceed $50,000 may

6 be used to employ consultants: Provided further, That

7 none of the funds appropriated in this paragraph shall be

8 used to employ in excess of four full-time individuals under

9 Schedule C of the Excepted Service exclusive of one special

10 assistant for each Commissioner: Provided further, That

11 none of the funds appropriated in this paragraph shall be

12 used to reimburse Commissioners for more than 75

13 billable days, with the exception of the Chairperson who

14 is permitted 125 billable days.

15 COMMISSION ON IMMIGRATION REFORM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Commission on Immi18 gration Reform pursuant to section 141(f) of the Immi19 gration Act of 1990, $2,196,000, to remain available until

20 expended.

21 COMMISSION ON SECURITY AND COOPERATION IN

22 EUROPE

23 SALARIES AND EXPENSES

24 For necessary expenses of the Commission on Secu25 rity and Cooperation in Europe, as authorized by Public
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1 Law 94–304, $1,090,000, to remain available until ex2 pended as authorized by section 3 of Public Law 99–7.

3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Equal Employment

6 Opportunity Commission as authorized by title VII of the

7 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

8 and 621–634), the Americans with Disabilities Act of

9 1990, and the Civil Rights Act of 1991, including services

10 as authorized by 5 U.S.C. 3109; hire of passenger motor

11 vehicles as authorized by 31 U.S.C. 1343(b); non-mone12 tary awards to private citizens; not to exceed $26,500,000,

13 for payments to State and local enforcement agencies for

14 services to the Commission pursuant to title VII of the

15 Civil Rights Act of 1964, as amended, sections 6 and 14

16 of the Age Discrimination in Employment Act, the Ameri17 cans with Disabilities Act of 1990, and the Civil Rights

18 Act of 1991; $232,740,000 $239,740,000: Provided, That

19 the Commission is authorized to make available for official

20 reception and representation expenses not to exceed

21 $2,500 from available funds.

22 FEDERAL COMMUNICATIONS COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Communica25 tions Commission, as authorized by law, including uni-
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1 forms and allowances therefor, as authorized by 5 U.S.C.

2 5901–02; not to exceed $600,000 for land and structure;

3 not to exceed $500,000 for improvement and care of

4 grounds and repair to buildings; not to exceed $4,000 for

5 official reception and representation expenses; purchase

6 (not to exceed sixteen) and hire of motor vehicles; special

7 counsel fees; and services as authorized by 5 U.S.C. 3109;

8 $185,619,000 $192,538,000, of which not to exceed

9 $300,000 shall remain available until September 30, 1998,

10 for research and policy studies: Provided, That

11 $126,400,000 $152,523,000 of offsetting collections shall

12 be assessed and collected pursuant to section 9 of title I

13 of the Communications Act of 1934, as amended, and

14 shall be retained and used for necessary expenses in this

15 appropriation, and shall remain available until expended:

16 Provided further, That the sum herein appropriated shall

17 be reduced as such offsetting collections are received dur18 ing fiscal year 1997 so as to result in a final fiscal year

19 1997 appropriation estimated at $59,219,000: Provided

20 further, That any offsetting collections received in excess

21 of $126,400,000 in fiscal year 1997 shall remain available

22 until expended, but shall not be available for obligation

23 until October 1, 1997: Provided further, That none of the

24 funds appropriated by this Act shall be used to deny or

25 delay action on a license, license transfer or assignment,
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1 or license renewal for any religious or religiously affiliated

2 entity on the basis that its recruitment or hiring of full

3 or part time employees for any position at a broadcast

4 facility licensed to such entity is or was limited to persons

5 of a particular religion or having particular religious

6 knowledge, training, or interests: Provided further, That

7 the preceding proviso shall not apply with respect to any

8 appeal from a decision of any administrative law judge

9 rendered on September 15, 1995 $40,015,000: Provided

10 further, That notwithstanding any other provision of law,

11 no funds may be used for relocation.

12 FEDERAL MARITIME COMMISSION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Federal Maritime

15 Commission as authorized by section 201(d) of the Mer16 chant Marine Act of 1936, as amended (46 App. U.S.C.

17 1111), including services as authorized by 5 U.S.C. 3109;

18 hire of passenger motor vehicles as authorized by 31

19 U.S.C. 1343(b); and uniforms or allowances therefor, as

20 authorized by 5 U.S.C. 5901–02; $11,000,000

21 $14,450,000: Provided, That not to exceed $2,000 shall be

22 available for official reception and representation ex23 penses.
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1 FEDERAL TRADE COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Trade Com4 mission, including uniforms or allowances therefor, as au5 thorized by 5 U.S.C. 5901–5902; services as authorized

6 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

7 not to exceed $2,000 for official reception and representa8 tion expenses; $85,930,000: Provided, That not to exceed

9 $300,000 shall be available for use to contract with a per10 son or persons for collection services in accordance with

11 the terms of 31 U.S.C. 3718, as amended: Provided fur12 ther, That notwithstanding any other provision of law, not

13 to exceed $58,905,000 of offsetting collections derived

14 from fees collected for premerger notification filings under

15 the Hart-Scott-Rodino Antitrust Improvements Act of

16 1976 (15 U.S.C. 18(a)) shall be retained and used for nec17 essary expenses in this appropriation, and shall remain

18 available until expended: Provided further, That the sum

19 herein appropriated from the General Fund shall be re20 duced as such offsetting collections are received during fis21 cal year 1997, so as to result in a final fiscal year 1997

22 appropriation from the General Fund estimated at not

23 more than $27,025,000, to remain available until ex24 pended: Provided further, That any fees received in excess

25 of $58,905,000 in fiscal year 1997 shall remain available
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1 until expended, but shall not be available for obligation

2 until October 1, 1997: Provided further, That none of the

3 funds made available to the Federal Trade Commission

4 shall be available for obligation for expenses authorized

5 by section 151 of the Federal Deposit Insurance Corpora6 tion Improvement Act of 1991 (Public Law 102–242, 105

7 Stat. 2282–2285).

8 For necessary expenses of the Federal Trade Commis9 sion, including uniforms or allowances therefor, as author10 ized by 5 U.S.C. 5901–5902; services as authorized by 5

11 U.S.C. 3109; hire of passenger motor vehicles; and not to

12 exceed $2,000 for official reception and representation ex13 penses; $104,462,000: Provided, That not to exceed $300,000

14 shall be available for use to contract with a person or per15 sons for collection services in accordance with the terms of

16 31 U.S.C. 3718, as amended: Provided further, That not17 withstanding any other provision of law, $104,462,000 of

18 offsetting collections derived from fees collected for

19 premerger notification filings under the Hart-Scott-Rodino

20 Antitrust Improvements Act of 1976 (15 U.S.C 18a) shall

21 be retained and used for necessary expenses in this appro22 priation and shall remain available until expended: Pro23 vided further, That the sum herein appropriated from the

24 General Fund shall be reduced as such offsetting collections

25 are received during fiscal year 1997, so as to result in a
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1 final fiscal year 1997 appropriation from the General Fund

2 estimated at $0: Provided further, That any such fees re3 ceived in excess of $104,462,000 in fiscal year 1997 shall

4 remain available until expended, but shall not be available

5 for obligation until October 1, 1997: Provided further, That

6 section 605 of the Departments of Commerce, Justice, and

7 State, the Judiciary, and Related Agencies Appropriations

8 Act, 1990 (Public Law 101–162, 103 Stat. 1031 (1989),

9 codified as amended at 15 U.S.C. 18a note) is further

10 amended as follows: (1) by striking ‘‘Five working days

11 after enactment of this Act and’’ and inserting in lieu there12 of ‘‘Commencing five working days after enactment of this

13 Act and in each fiscal year’’; (2) by striking ‘‘$45,000’’ and

14 inserting in lieu thereof ‘‘the following levels: $25,000 for

15 persons having total assets of less than $100,000,000;

16 $55,000 for persons having total assets of $100,000,000 or

17 more but less than $500,000,000; and $95,000 for persons

18 having total assets of $500,000,000 or more,’’; (3) by strik19 ing ‘‘shall be divided evenly between and credited to’’ and

20 inserting in lieu thereof ‘‘shall be allocated in the same pro21 portion as the relative size of the respective appropriations

22 levels of the Federal Trade Commission and the Antitrust

23 Division until their appropriations levels are offset: There24 after all annual fee collections shall be divided equally be25 tween each agency; Fees shall be credited to’’; (4) by striking
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1 ‘‘That fees in excess of $40,000,000 in fiscal year 1990 shall

2 be deposited to the credit of the Treasury of the United

3 States: Provided further,’’; and (5) by striking the ‘‘.’’ after

4 ‘‘expended’’ and inserting in lieu thereof ‘‘: Provided fur5 ther, That fees collected in excess of the amounts appro6 priated shall not be available for obligation until the begin7 ning of the following fiscal year.’’: Provided further, That

8 none of the funds made available to the Federal Trade Com9 mission shall be available for obligation for expenses au10 thorized by section 151 of the Federal Deposit Insurance

11 Corporation Improvement Act of 1991 (Public Law 102–

12 242, 105 Stat. 2282–2285, codified as amended at 12

13 U.S.C. 1831t.)

14 GAMBLING IMPACT STUDY COMMISSION

15 SALARIES AND EXPENSES

16 For necessary expenses of the National Gambling Im17 pact Study Commission, $2,000,000, to remain available

18 until expended: Provided, That these funds will be available

19 only upon enactment of an authorization for this Commis20 sion.

21 JAPAN-UNITED STATES FRIENDSHIP COMMISSION

22 JAPAN-UNITED STATES FRIENDSHIP TRUST FUND

23 For expenses of the Japan-United States Friendship

24 Commission, as authorized by Public Law 94–118, as

25 amended, from the interest earned on the Japan-United
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1 States Friendship Trust Fund, $1,250,000; and an amount

2 of Japanese currency not to exceed the equivalent of

3 $1,420,000 based on exchange rates at the time of payment

4 of such amounts as authorized by Public Law 94–118.

5 LEGAL SERVICES CORPORATION

6 PAYMENT TO THE LEGAL SERVICES CORPORATION

7 For payment to the Legal Services Corporation to

8 carry out the purposes of the Legal Services Corporation

9 Act of 1974, as amended, $141,000,000 (increased by

10 $109,000,000), of which $134,575,000 (increased by

11 $109,000,000) $288,000,000, of which $279,400,000 is for

12 basic field programs and required independent audits;

13 $1,125,000 $1,500,000 is for the Office of the Inspector

14 General, of which such amounts as may be necessary may

15 be used to conduct additional audits of recipients; and

16 $5,300,000 $7,100,000 is for management and administra17 tion.

18 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

19 CORPORATION

20 SEC. 501. (a) CONTINUATION OF COMPETITIVE SE21 LECTION PROCESS.—None of the funds appropriated in

22 this Act to the Legal Services Corporation may be used

23 to provide financial assistance to any person or entity ex24 cept through a competitive selection process conducted in

25 accordance with regulations promulgated by the Corpora26 tion in accordance with the criteria set forth in subsections
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1 (c), (d), and (e) of section 503 of Public Law 104–134

2 (110 Stat. 1321–130 et seq.).

3 (b) INAPPLICABILITY OF NONCOMPETITIVE PROCE4 DURES.—For purposes of the funding provided in this

5 Act, rights under sections 1007(a)(9) and 1011 of the

6 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

7 and 42 U.S.C. 2996j) shall not apply.

8 SEC. 502. (a) CONTINUATION OF REQUIREMENTS

9 AND RESTRICTIONS.—None of the funds appropriated in

10 this Act to the Legal Services Corporation shall be ex11 pended for any purpose prohibited or limited by, or con12 trary to any of the provisions of—

13 (1) sections 501, 502, 505, 506, and 507 of

14 Public Law 104–134 (101 Stat. 1321–127 et seq.),

15 and all funds appropriated in this Act to the Legal

16 Services Corporation shall be subject to the same

17 terms and conditions as set forth in such sections,

18 except that all references in such sections to 1995

19 and 1996 shall be deemed to refer instead to 1996

20 and 1997, respectively; and

21 (2) section 504 of Public Law 104–134 (101

22 Stat. 1321–132 et seq.), and all funds appropriated

23 in this Act to the Legal Services Corporation shall

24 be subject to the same terms and conditions set

25 forth in such section, except that—
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1 (A) subsection (c) of such section 504 shall

2 not apply;

3 (B) paragraph (3) of section 508(b) of

4 Public Law 104–134 (101 Stat. 1321–147)

5 shall apply with respect to the requirements of

6 subsection (a)(13) of such section 504, except

7 that all references in such section 508(b) to the

8 date of enactment shall be deemed to refer to

9 April 26, 1996; and

10 (C) subsection (a)(11) of such section 504

11 shall not be construed to prohibit a recipient

12 from using funds derived from a source other

13 than the Corporation to provide related legal

14 assistance to—

15 (i) an alien who has been battered or

16 subjected to extreme cruelty in the United

17 States by a spouse or a parent, or by a

18 member of the spouse’s or parent’s family

19 residing in the same household as the alien

20 and the spouse or parent consented or ac21 quiesced to such battery or cruelty; or

22 (ii) an alien whose child has been bat23 tered or subjected to extreme cruelty in the

24 United States by a spouse or parent of the

25 alien (without the active participation of
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1 the alien in the battery or extreme cru2 elty), or by a member of the spouse’s or

3 parent’s family residing in the same house4 hold as the alien and the spouse or parent

5 consented or acquiesced to such battery or

6 cruelty, and the alien did not actively par7 ticipate in such battery or cruelty.

8 (b) DEFINITIONS.—For purposes of subsection

9 (a)(2)(C):

10 (1) The term ‘‘battered or subjected to extreme

11 cruelty’’ has the meaning given such term under reg12 ulations issued pursuant to subtitle G of the Vio13 lence Against Women Act of 1994 (Pub. L. 103–

14 322; 108 Stat. 1953).

15 (2) The term ‘‘related legal assistance’’ means

16 legal assistance directly related to the prevention of,

17 or obtaining of relief from, the battery or cruelty de18 scribed in such subsection.

19 SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE20 MENTS.—The requirements of section 509 of Public Law

21 104–134 (101 Stat. 1321–146 et seq.), other than sub22 section (l) of such section, shall apply during fiscal year

23 1997.

24 (b) REQUIREMENT OF ANNUAL AUDIT.—An annual

25 audit of each person or entity receiving financial assist-
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1 ance from the Legal Services Corporation under this Act

2 shall be conducted during fiscal year 1997 in accordance

3 with the requirements referred to in subsection (a).

4 MARINE MAMMAL COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Marine Mammal Com7 mission as authorized by title II of Public Law 92–522,

8 as amended, $975,000 $1,385,000.

9 NATIONAL BANKRUPTCY REVIEW COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the National Bankruptcy

12 Review Commission, as authorized by the Bankruptcy Re13 form Act of 1994, $500,000 (reduced by $10,000)

14 $498,000.

15 SECURITIES AND EXCHANGE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses for the Securities and Ex18 change Commission, including services as authorized by

19 5 U.S.C. 3109, the rental of space (to include multiple

20 year leases) in the District of Columbia and elsewhere, and

21 not to exceed $3,000 for official reception and representa22 tion expenses, $277,021,000 (reduced by $25,000,000)

23 $258,400,000, of which not to exceed $10,000 may be used

24 toward funding a permanent secretariat for the Inter25 national Organization of Securities Commissions, and of
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1 which not to exceed $100,000 shall be available for ex2 penses for consultations and meetings hosted by the Com3 mission with foreign governmental and other regulatory

4 officials, members of their delegations, appropriate rep5 resentatives and staff to exchange views concerning devel6 opments relating to securities matters, development and

7 implementation of cooperation agreements concerning se8 curities matters and provision of technical assistance for

9 the development of foreign securities markets, such ex10 penses to include necessary logistic and administrative ex11 penses and the expenses of Commission staff and foreign

12 invitees in attendance at such consultations and meetings

13 including (1) such incidental expenses as meals taken in

14 the course of such attendance, (2) any travel and trans15 portation to or from such meetings, and (3) any other re16 lated lodging or subsistence: Provided, That immediately

17 upon enactment of this Act, the rate of fees under section

18 6(b) of the Securities Act of 1933 (15 U.S.C. 77f(b)) shall

19 increase from one-fiftieth of one percentum to one-thirty20 third of one percentum, and such increase shall be depos21 ited as an offsetting collection to this appropriation, to re22 main available until expended, to recover costs of services

23 of the securities registration process: Provided further,

24 That immediately upon enactment of this Act or Septem25 ber 1, 1996, whichever occurs later, every national securi-
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1 ties association shall pay to the Commission a fee at a

2 rate of one-eight-hundredth of one percentum for each

3 $1,000,000 of the aggregate dollar amount of sales trans4 acted by or through any member of such association other5 wise than on a national securities exchange (other than

6 bonds, debentures, and other evidences of indebtedness)

7 subject to prompt last sale reporting pursuant to the rules

8 of the Commission or a registered national securities asso9 ciation, excluding any sales for which a fee is paid under

10 section 31 of the Securities Exchange Act of 1934 (15

11 U.S.C. 78ee), and such increase shall be deposited as an

12 offsetting collection to this appropriation, to remain avail13 able until expended, to recover the costs to the Govern14 ment of the supervision and regulation of securities mar15 kets and securities professionals: Provided further, That

16 the fee due from every national securities association shall

17 be paid (1) on or before March 15, 1997, with respect

18 to transactions occurring during the period beginning im19 mediately upon enactment of this Act or September 1,

20 1996, whichever occurs later, and ending at the close of

21 December 31, 1996; and (2) on or before September 30,

22 1997, with respect to transactions and sales occurring

23 during the period beginning on January 1, 1997, and end24 ing at the close of August 31, 1997: Provided further, That

25 the total amount appropriated for fiscal year 1997 under
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1 this heading shall be reduced as all such offsetting fees

2 are deposited to this appropriation so as to result in a

3 final total fiscal year 1997 appropriation from the General

4 Fund estimated at not more than $83,047,000 (reduced

5 by $25,000,000) $64,426,000: Provided further, That any

6 such fees collected in excess of $193,974,000 shall remain

7 available until expended but shall not be available for obli8 gation until October 1, 1997.

9 SMALL BUSINESS ADMINISTRATION

10 SALARIES AND EXPENSES

11 For necessary expenses, not otherwise provided for,

12 of the Small Business Administration as authorized by

13 Public Law 103–403, including hire of passenger motor

14 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

15 not to exceed $3,500 for official reception and representa16 tion expenses, $214,419,000, of which $94,218,000 shall

17 be available for the non-credit programs of the Small

18 Business Administration, including $3,000,000 which

19 shall only be available for obligation and expenditure for

20 projects jointly developed, implemented and administered

21 with the Minority Business Development Agency of the

22 Department of Commerce $233,190,000: Provided, That

23 the Administrator is authorized to charge fees to cover the

24 cost of publications developed by the Small Business Ad25 ministration, and certain loan servicing activities: Pro-
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1 vided further, That notwithstanding 31 U.S.C. 3302, reve2 nues received from all such activities shall be credited to

3 this account, to be available for carrying out these pur4 poses without further appropriations.

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector

7 General in carrying out the provisions of the Inspector

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

9 as amended by Public Law 100–504), $8,900,000

10 $9,000,000.

11 BUSINESS LOANS PROGRAM ACCOUNT

12 For the cost of direct loans, $2,792,000, and for the

13 cost of guaranteed loans, $161,876,000 $212,317,000, as

14 authorized by 15 U.S.C. 631 note, of which $1,216,000

15 $2,317,000, to be available until expended, shall be for the

16 Microloan Guarantee Program, and of which $40,510,000

17 shall remain available until September 30, 1998: Provided,

18 That such costs, including the cost of modifying such

19 loans, shall be as defined in section 502 of the Congres20 sional Budget Act of 1974: Provided further, That during

21 fiscal year 1997, commitments to guarantee loans under

22 section 503 of the Small Business Investment Act of 1958,

23 as amended, shall not exceed the amount of financings au24 thorized under section 20(n)(2)(B) of the Small Business

25 Act, as amended.
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1 In addition, for administrative expenses to carry out

2 the direct and guaranteed loan programs, $93,485,000

3 $94,090,000, which may be transferred to and merged with

4 the appropriations for Salaries and Expenses.

5 DISASTER LOANS PROGRAM ACCOUNT

6 For the cost of direct loans authorized by section 7(b)

7 of the Small Business Act, as amended, $105,432,000

8 $65,800,000, to remain available until expended: Provided,

9 That such costs, including the cost of modifying such

10 loans, shall be as defined in section 502 of the Congres11 sional Budget Act of 1974.

12 In addition, for administrative expenses to carry out

13 the direct loan program, $100,578,000 $78,000,000, in14 cluding not to exceed $500,000 for the Office of Inspector

15 General of the Small Business Administration for audits

16 and reviews of disaster loans and the disaster loan pro17 gram, and said sums may be transferred to and merged

18 with appropriations for Salaries and Expenses and Office

19 of Inspector General.

20 SURETY BOND GUARANTEES REVOLVING FUND

21 For additional capital for the ‘‘Surety Bond Guaran22 tees Revolving Fund’’, authorized by the Small Business

23 Investment Act, as amended, $3,730,000, to remain avail24 able without fiscal year limitation as authorized by 15

25 U.S.C. 631 note.
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1 ADMINISTRATIVE PROVISION—SMALL BUSINESS

2 ADMINISTRATION

3 SEC. 504. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the

5 Small Business Administration in this Act may be trans6 ferred between such appropriations, but no such appro7 priation shall be increased by more than 10 percent by

8 any such transfers: Provided, That any transfer pursuant

9 to this section shall be treated as a reprogramming of

10 funds under section 605 of this Act and shall not be avail11 able for obligation or expenditure except in compliance

12 with the procedures set forth in that section.

13 STATE JUSTICE INSTITUTE

14 SALARIES AND EXPENSES

15 For necessary expenses of the State Justice Institute,

16 as authorized by the State Justice Institute Authorization

17 Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),

18 $10,000,000 to remain available until expended: Provided,

19 That not to exceed $2,500 shall be available for official re20 ception and representation expenses.

21 TITLE VI—GENERAL PROVISIONS

22 SEC. 601. No part of any appropriation contained in

23 this Act shall be used for publicity or propaganda purposes

24 not authorized by the Congress.
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1 SEC. 602. No part of any appropriation contained in

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

4 SEC. 603. The expenditure of any appropriation

5 under this Act for any consulting service through procure6 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

7 to those contracts where such expenditures are a matter

8 of public record and available for public inspection, except

9 where otherwise provided under existing law, or under ex10 isting Executive order issued pursuant to existing law.

11 SEC. 604. If any provision of this Act or the applica12 tion of such provision to any person or circumstances shall

13 be held invalid, the remainder of the Act and the applica14 tion of each provision to persons or circumstances other

15 than those as to which it is held invalid shall not be af16 fected thereby.

17 SEC. 605. (a) None of the funds provided under this

18 Act, or provided under previous appropriations Acts to the

19 agencies funded by this Act that remain available for obli20 gation or expenditure in fiscal year 1997, or provided from

21 any accounts in the Treasury of the United States derived

22 by the collection of fees available to the agencies funded

23 by this Act, shall be available for obligation or expenditure

24 through a reprogramming of funds which (1) creates new

25 programs; (2) eliminates a program, project, or activity;
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1 (3) increases funds or personnel by any means for any

2 project or activity for which funds have been denied or

3 restricted; (4) relocates an office or employees; (5) reorga4 nizes offices, programs, or activities; or (6) contracts out

5 or privatizes any functions, or activities presently per6 formed by Federal employees; unless the Appropriations

7 Committees of both Houses of Congress are notified fif8 teen days in advance of such reprogramming of funds.

9 (b) None of the funds provided under this Act, or

10 provided under previous appropriations Acts to the agen11 cies funded by this Act that remain available for obligation

12 or expenditure in fiscal year 1997, or provided from any

13 accounts in the Treasury of the United States derived by

14 the collection of fees available to the agencies funded by

15 this Act, shall be available for obligation or expenditure

16 for activities, programs, or projects through a reprogram17 ming of funds in excess of $500,000 or 10 percent, which18 ever is less, that (1) augments existing programs, projects,

19 or activities; (2) reduces by 10 percent funding for any

20 existing program, project, or activity, or numbers of per21 sonnel by 10 percent as approved by Congress; or (3) re22 sults from any general savings from a reduction in person23 nel which would result in a change in existing programs,

24 activities, or projects as approved by Congress; unless the

25 Appropriations Committees of both Houses of Congress
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1 are notified fifteen days in advance of such reprogram2 ming of funds.

3 SEC. 606. None of the funds made available in this

4 Act may be used for the construction, repair (other than

5 emergency repair), overhaul, conversion, or modernization

6 of vessels for the National Oceanic and Atmospheric Ad7 ministration in shipyards located outside of the United

8 States.

9 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

10 EQUIPMENT AND PRODUCTS.—It is the sense of the Con11 gress that, to the greatest extent practicable, all equip12 ment and products purchased with funds made available

13 in this Act should be American-made.

14 (b) NOTICE REQUIREMENT.—In providing financial

15 assistance to, or entering into any contract with, any en16 tity using funds made available in this Act, the head of

17 each Federal agency, to the greatest extent practicable,

18 shall provide to such entity a notice describing the state19 ment made in subsection (a) by the Congress.

20 (c) PROHIBITION OF CONTRACTS WITH PERSONS

21 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

22 If it has been finally determined by a court or Federal

23 agency that any person intentionally affixed a label bear24 ing a ‘‘Made in America’’ inscription, or any inscription

25 with the same meaning, to any product sold in or shipped
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1 to the United States that is not made in the United

2 States, the person shall be ineligible to receive any con3 tract or subcontract made with funds made available in

4 this Act, pursuant to the debarment, suspension, and ineli5 gibility procedures described in sections 9.400 through

6 9.409 of title 48, Code of Federal Regulations.

7 SEC. 608. None of the funds made available in this

8 Act may be used to implement, administer, or enforce any

9 guidelines of the Equal Employment Opportunity Com10 mission covering harassment based on religion, when it is

11 made known to the Federal entity or official to which such

12 funds are made available that such guidelines do not differ

13 in any respect from the proposed guidelines published by

14 the Commission on October 1, 1993 (58 Fed. Reg.

15 51266).

16 SEC. 609. None of the funds appropriated or other17 wise made available by this Act may be obligated or ex18 pended to pay for any cost incurred for (1) opening or

19 operating any United States diplomatic or consular post

20 in the Socialist Republic of Vietnam that was not operat21 ing on July 11, 1995; (2) expanding any United States

22 diplomatic or consular post in the Socialist Republic of

23 Vietnam that was operating on July 11, 1995; or (3) in24 creasing the total number of personnel assigned to United

25 States diplomatic or consular posts in the Socialist Repub-
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1 lic of Vietnam above the levels existing on July 11, 1995,

2 unless the President certifies within 60 days, based upon

3 all information available to the United States Government

4 that the Government of the Socialist Republic of Vietnam

5 is cooperating in full faith with the United States in the

6 following four areas:

7 (1) Resolving discrepancy cases, live sightings

8 and field activities,

9 (2) Recovering and repatriating American re10 mains,

11 (3) Accelerating efforts to provide documents

12 that will help lead to fullest possible accounting of

13 POW/MIA’s.

14 (4) Providing further assistance in implement15 ing trilateral investigations with Laos.

16 SEC. 610. None of the funds made available by this

17 Act may be used for any United Nations undertaking

18 when it is made known to the Federal official having au19 thority to obligate or expend such funds (1) that the Unit20 ed Nations undertaking is a peacekeeping mission, (2)

21 that such undertaking will involve United States Armed

22 Forces under the command or operational control of a for23 eign national, and (3) that the President’s military advi24 sors have not submitted to the President a recommenda25 tion that such involvement is in the national security inter-
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1 ests of the United States and the President has not sub2 mitted to the Congress such a recommendation.

3 SEC. 611. None of the funds made available in this

4 Act shall be used to provide the following amenities or per5 sonal comforts in the Federal prison system—

6 (1) in-cell television viewing except for prisoners

7 who are segregated from the general prison popu8 lation for their own safety;

9 (2) the viewing of R, X, and NC–17 rated mov10 ies, through whatever medium presented;

11 (3) any instruction (live or through broadcasts)

12 or training equipment for boxing, wrestling, judo,

13 karate, or other martial art, or any bodybuilding or

14 weightlifting equipment of any sort;

15 (4) possession of in-cell coffee pots, hot plates,

16 or heating elements; or

17 (5) the use or possession of any electric or elec18 tronic musical instrument.

19 SEC. 612. None of the funds made available in title

20 II for the National Oceanic and Atmospheric Administra21 tion under the heading ‘‘Fleet Modernization, Shipbuild22 ing and Conversion’’ may be used to implement sections

23 603, 604, and 605 of Public Law 102–567.

24 SEC. 613. None of the funds made available in this

25 Act may be used for ‘‘USIA Television Marti Program’’
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1 under the Television Broadcasting to Cuba Act or any

2 other program of United States Government television

3 broadcasts to Cuba, when it is made known to the Federal

4 official having authority to obligate or expend such funds

5 that such use would be inconsistent with the applicable

6 provisions of the March 1995 Office of Cuba Broadcasting

7 Reinventing Plan of the United States Information Agen8 cy.

9 SEC. 614. Any costs incurred by a Department or

10 agency funded under this Act resulting from personnel ac11 tions taken in response to funding reductions included in

12 this Act shall be absorbed within the total budgetary re13 sources available to such Department or agency: Provided,

14 That the authority to transfer funds between appropria15 tions accounts as may be necessary to carry out this sec16 tion is provided in addition to authorities included else17 where in this Act: Provided further, That use of funds to

18 carry out this section shall be treated as a reprogramming

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

20 available for obligation or expenditure except in compli21 ance with the procedures set forth in that section.

22 SEC. 615. None of the funds made available in this

23 Act to the Federal Bureau of Prisons may be used to dis24 tribute or make available any commercially published in25 formation or material to a prisoner when it is made known
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1 to the Federal official having authority to obligate or ex2 pend such funds that such information or material is sexu3 ally explicit or features nudity.

4 SEC. 616. Of the funds appropriated in this Act

5 under the heading ‘‘OFFICE OF JUSTICE PRO6 GRAMS—STATE AND LOCAL LAW ENFORCEMENT ASSIST7 ANCE’’, not more than ninety percent of the amount to

8 be awarded to an entity under part Q of title I of the

9 Omnibus Crime Control and Safe Streets Act of 1968

10 shall be made available to such an entity when it is made

11 known to the Federal official having authority to obligate

12 or expend such funds that the entity that employs a public

13 safety officer (as such term is defined in section 1204 of

14 title I of the Omnibus Crime Control and Safe Streets Act

15 of 1968) does not provide such a public safety officer who

16 retires or is separated from service due to injury suffered

17 as the direct and proximate result of a personal injury

18 sustained in the line of duty while responding to an emer19 gency situation or a hot pursuit (as such terms are defined

20 by State law) with the same or better level of health insur21 ance benefits that are paid by the entity at the time of

22 retirement or separation.

23 SEC. 617. Of the funds in this Act appropriated for

24 a municipal or county jail, State or Federal prison, or

25 other similar facility for the confinement of individuals in
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1 connection with crime or criminal proceedings, not more

2 than 90 percent of the funds otherwise authorized to be

3 made available to any such municipal or county jail, State

4 or Federal prison, or other similar facility, may be made

5 available when it is made known to the Federal official

6 having authority to obligate or expend such funds that the

7 authorities of such jail, prison, or other facility have not

8 reported to the Attorney General each death of any indi9 vidual who dies in custody in that jail, prison, or facility,

10 and the circumstances that surround that death.

11 SEC. 618. The amount provided in this Act for

12 ‘‘Equal Employment Opportunity Commission—Salaries

13 and Expenses’’ is increased by $7,000,000, and the

14 amount provided for Small Business Administration, Dis15 aster Loan Program Account for administrative expenses

16 is reduced by $8,000,000.

17 SEC. 619. (a) LIMITATION ON USE OF FUNDS TO

18 ISSUE CERTAIN PATENTS.—None of the funds made

19 available in this Act may be used by the Patent and

20 Trademark Office to issue a patent when it is made known

21 to the Federal official having authority to obligate or ex22 pend such funds that the patent is for any invention or

23 discovery of a technique, method, or process for perform24 ing a surgical procedure (defined as a treatment for curing

25 or preventing disease, injury, illness, disorder, or deform-
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1 ity by operative methods, in which human tissue is cut,

2 burned, or vaporized by the use of any mechanical means,

3 laser, or ionizing radiation, or the penetration of the skin

4 or body orifice by any means), performing a medical proce5 dure (defined as a nonsurgical, nondiagnostic procedure

6 for curing or preventing a disease, injury, illness, disorder,

7 or deformity), or making a medical diagnosis (defined as

8 the identification of a medical condition or a disease or

9 disorder of a body).

10 (b) EXCEPTIONS.—The limitation established in sub11 section (a) shall not apply to the issuance of a patent when

12 it is made known to the Federal official having authority

13 to obligate or expend such funds that—

14 (1) the patent is for a machine, manufacture,

15 or composition of matter, or improvement thereof,

16 that is itself patentable subject matter, and the tech17 nique, method, or process referred to in subsection

18 (a) is performed by or is a necessary component of

19 the machine, manufacture, or composition of matter;

20 or

21 (2) the patent is for a new use of a composition

22 of mattter or biotechnological process.

23 SEC. 620. Effective with the enactment of this Act and

24 in any fiscal year hereafter, section 8 of Public Law 96–

25 132 is hereby repealed.
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1 SEC. 621. CERTAIN UNITED STATES ORIGIN HISTORIC

2 FIREARMS IMPORTS.—Notwithstanding any other provi3 sion of law, no department, agency, or instrumentality of

4 the United States receiving appropriated funds under this

5 Act or any other Act shall obligate or expend in any way

6 such funds to pay administrative expenses or the compensa7 tion of any officer or employee of the United States to deny

8 any application submitted pursuant to 22 U.S.C.

9 2778(b)(1)(B) and qualified pursuant to 27 C.F.R.

10 §§ 178.112 or .113, for a permit to import United States

11 origin ‘‘curios or relics’’ firearms, parts, or ammunition.

12 SEC. 622. SHIPYARD REACTIVATION AND MODERNIZATION.

13 (a) SHIPYARD REACTIVATION.—Notwithstanding the

14 provisions of title XI of the Merchant Marine Act, 1936 (46

15 App. U.S.C. 1271) or any other law, the Secretary of Trans16 portation may provide a guarantee or commitment to guar17 antee under the authority of section 1103 of that title and

18 in accordance with appropriate terms that the Secretary

19 shall prescribe otherwise, for shipyard infrastructure devel20 opment and modernization and for vessels integral to the

21 reactivation and modernization of a shipyard that receives

22 a guarantee under this section.

23 (b) ELIGIBLE SHIPYARD.—The Secretary of Transpor24 tation may provide a guarantee or commitment under this

25 section to shipyards that—
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1 (1) have historically built military vessels and

2 are seeking to become part of a self-sufficient, inter3 nationally competitive shipbuilding industry;

4 (2) (i) have been designated by the President for

5 reactivation as a public-private project, or (ii) have

6 reuse plans approved by the Navy in which commer7 cial shipbuilding and repair are primary activities

8 and have a revolving economic conversion fund ap9 proved by the Department of Defense; and

10 (3) maintain shipbuilding capacity for national

11 security objectives consistent with the National Ship12 building Initiative program (U.S.C. 2501 note).

13 TITLE VII—RESCISSIONS

14 DEPARTMENT OF JUSTICE

15 GENERAL ADMINISTRATION

16 WORKING CAPITAL FUND

17 (RESCISSION)

18 Of the unobligated balances available under this head19 ing on October 31, 1996, $30,000,000 are rescinded.

20 IMMIGRATION AND NATURALIZATION SERVICE

21 IMMIGRATION EMERGENCY FUND

22 (RESCISSION)

23 Of the unobligated balances available under this head24 ing, $34,779,000 are rescinded.
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1 This Act may be cited as the ‘‘Departments of Com2 merce, Justice, and State, the Judiciary, and Related

3 Agencies Appropriations Act, 1997.’’.

Passed the House of Representatives July 24, 1996.

Attest: ROBIN H. CARLE,

Clerk.