Union Calendar No. 348

104TH CONGRESS

2D SESSION H. R. 3814

[Report No. 104–676]

A BILL

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

JULY 16, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 348

104TH CONGRESS

2D SESSION H. R. 3814

[Report No. 104–676]

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.

IN THE HOUSE OF REPRESENTATIVES

JULY 16, 1996

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

bill; which was committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

A BILL

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
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1 fiscal year ending September 30, 1997, and for other pur2 poses, namely:

3 TITLE I—DEPARTMENT OF JUSTICE

4 GENERAL ADMINISTRATION

5 SALARIES AND EXPENSES

6 For expenses necessary for the administration of the

7 Department of Justice, $71,493,000; of which not to ex8 ceed $3,317,000 is for the Facilities Program 2000, to

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

11 workyears and $7,477,000 shall be expended for the De12 partment Leadership Program only for the Offices of the

13 Attorney General and the Deputy Attorney General, exclu14 sive of augmentation that occurred in these offices in fiscal

15 year 1996: Provided further, That not to exceed 71 perma16 nent positions and 85 full-time equivalent workyears and

17 $8,987,000 shall be expended for the Offices of Legislative

18 Affairs, Public Affairs and Policy Development: Provided

19 further, That the latter three aforementioned offices shall

20 not be augmented by personnel details, temporary trans21 fers of personnel on either a reimbursable or non-reim22 bursable basis or any other type of formal or informal

23 transfer or reimbursement of personnel or funds on either

24 a temporary or long-term basis.
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1 COUNTERTERRORISM FUND

2 For necessary expenses, as determined by the Attor3 ney General, $9,450,000, to remain available until ex4 pended, to reimburse any Department of Justice organiza5 tion for (1) the costs incurred in reestablishing the oper6 ational capability of an office or facility which has been

7 damaged or destroyed as a result of the bombing of the

8 Alfred P. Murrah Federal Building in Oklahoma City or

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

10 costs of providing support to counter, investigate or pros11 ecute domestic or international terrorism, including pay12 ment of rewards in connection with these activities, and

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

14 of Federal agencies and their facilities: Provided, That

15 funds provided under this heading shall be available only

16 after the Attorney General notifies the Committees on Ap17 propriations of the House of Representatives and the Sen18 ate in accordance with section 605 of this Act.

19 ADMINISTRATIVE REVIEW AND APPEALS

20 For expenses necessary for the administration of par21 don and clemency petitions and immigration related activi22 ties, $64,000,000.

23 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

24 REVIEW AND APPEALS

25 For activities authorized by section 130005 of the

26 Violent Crime Control and Law Enforcement Act of 1994
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1 (Public Law 103–322), as amended, $48,000,000, to re2 main available until expended, which shall be derived from

3 the Violent Crime Reduction Trust Fund.

4 OFFICE OF INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector

6 General in carrying out the provisions of the Inspector

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

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

9 a confidential character, to be expended under the direc10 tion of, and to be accounted for solely under the certificate

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

12 maintenance, and operation of motor vehicles, without re13 gard to the general purchase price limitation for the cur14 rent fiscal year.

15 UNITED STATES PAROLE COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the United States Parole

18 Commission as authorized by law, $4,490,000.

19 LEGAL ACTIVITIES

20 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

21 For expenses, necessary for the legal activities of the

22 Department of Justice, not otherwise provided for, includ23 ing not to exceed $20,000 for expenses of collecting evi24 dence, to be expended under the direction of, and to be

25 accounted for solely under the certificate of, the Attorney

26 General; and rent of private or Government-owned space
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1 in the District of Columbia; $420,793,000; of which not

2 to exceed $10,000,000 for litigation support contracts

3 shall remain available until expended: Provided, That of

4 the funds available in this appropriation, not to exceed

5 $17,525,000 shall remain available until expended for of6 fice automation systems for the legal divisions covered by

7 this appropriation, and for the United States Attorneys,

8 the Antitrust Division, and offices funded through ‘‘Sala9 ries and Expenses’’, General Administration: Provided fur10 ther, That of the total amount appropriated, not to exceed

11 $1,000 shall be available to the United States National

12 Central Bureau, INTERPOL, for official reception and

13 representation expenses: Provided further, That notwith14 standing 31 U.S.C. 1342, the Attorney General may ac15 cept on behalf of the United States, and credit to this ap16 propriation, gifts of money, personal property and serv17 ices, for the purposes of hosting the International Criminal

18 Police Organization’s (INTERPOL) American Regional

19 Conference in the United States during fiscal year 1997.

20 In addition, for reimbursement of expenses of the De21 partment of Justice associated with processing cases

22 under the National Childhood Vaccine Injury Act of 1986

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

24 from the Vaccine Injury Compensation Trust Fund.
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1 VIOLENT CRIME REDUCTION PROGRAMS,

2 GENERAL LEGAL ACTIVITIES

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

5 Crime Control and Law Enforcement Act of 1994 (Public

6 Law 103–322), as amended, $7,750,000, to remain avail7 able until expended, which shall be derived from the Vio8 lent Crime Reduction Trust Fund.

9 SALARIES AND EXPENSES, ANTITRUST DIVISION

10 For expenses necessary for the enforcement of anti11 trust and kindred laws, $76,447,000: Provided, That not12 withstanding any other provision of law, not to exceed

13 $58,905,000 of offsetting collections derived from fees col14 lected for premerger notification filings under the Hart15 Scott-Rodino Antitrust Improvements Act of 1976 (15

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

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

20 such offsetting collections are received during fiscal year

21 1997, so as to result in a final fiscal year 1997 appropria22 tion from the General Fund estimated at not more than

23 $17,542,000: Provided further, That any fees received in

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

25 available until expended, but shall not be available for obli26 gation until October 1, 1997.
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1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

2 For necessary expenses of the Office of the United

3 States Attorneys, including intergovernmental agree4 ments, $931,029,000; of which not to exceed $2,500,000

5 shall be available until September 30, 1998, for the pur6 poses of (1) providing training of personnel of the Depart7 ment of Justice in debt collection, (2) providing services

8 to the Department of Justice related to locating debtors

9 and their property, such as title searches, debtor

10 skiptracing, asset searches, credit reports and other inves11 tigations, (3) paying the costs of the Department of Jus12 tice for the sale of property not covered by the sale pro13 ceeds, such as auctioneers’ fees and expenses, maintenance

14 and protection of property and businesses, advertising and

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

16 of processing and tracking debts owed to the United

17 States Government: Provided, That of the total amount

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

19 official reception and representation expenses: Provided

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

21 available for automated litigation support contracts shall

22 remain available until expended: Provided further, That in

23 addition to reimbursable full-time equivalent workyears

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

25 to exceed 8,758 positions and 8,989 full-time equivalent
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1 workyears shall be supported from the funds appropriated

2 in this Act for the United States Attorneys.

3 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

4 ATTORNEYS

5 For activities authorized by sections 40114, 130005,

6 190001(b), 190001(d) and 250005 of the Violent Crime

7 Control and Law Enforcement Act of 1994 (Public Law

8 103–322), as amended, and section 815 of the

9 Antiterrorism and Effective Death Penalty Act of 1996

10 (Public Law 104–132), $43,876,000, to remain available

11 until expended, which shall be derived from the Violent

12 Crime Reduction Trust Fund, of which $22,166,000 shall

13 be available to help meet the increased demands for litiga14 tion and related activities, $500,000 for telemarketing

15 fraud, $10,577,000 for Southwest Border Control,

16 $1,000,000 for Federal victim counselors, and $9,633,000

17 for expeditious deportation of denied asylum applicants.

18 UNITED STATES TRUSTEE SYSTEM FUND

19 For necessary expenses of the United States Trustee

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

21 $107,950,000, to remain available until expended and to

22 be derived from the United States Trustee System Fund:

23 Provided, That notwithstanding any other provision of

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

25 amounts as may be necessary to pay refunds due deposi26 tors: Provided further, That notwithstanding any other
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1 provision of law, $107,950,000 of offsetting collections de2 rived from fees collected pursuant to 28 U.S.C. 589a(b)

3 shall be retained and used for necessary expenses in this

4 appropriation and remain available until expended: Pro5 vided further, That the sum herein appropriated from the

6 Fund shall be reduced as such offsetting collections are

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

8 fiscal year 1997 appropriation from the Fund estimated

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

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

11 available until expended but shall not be available for obli12 gation until October 1, 1997.

13 SALARIES AND EXPENSES, FOREIGN CLAIMS

14 SETTLEMENT COMMISSION

15 For expenses necessary to carry out the activities of

16 the Foreign Claims Settlement Commission, including

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

18 SALARIES AND EXPENSES, UNITED STATES MARSHALS

19 SERVICE

20 For necessary expenses of the United States Mar21 shals Service; including the acquisition, lease, mainte22 nance, and operation of vehicles and aircraft, and the pur23 chase of passenger motor vehicles for police-type use, with24 out regard to the general purchase price limitation for the

25 current fiscal year, $460,214,000, as authorized by 28

26 U.S.C. 561(i); of which not to exceed $6,000 shall be
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1 available for official reception and representation ex2 penses; and of which not to exceed $4,000,000 for develop3 ment, implementation, maintenance and support, and

4 training for an automated prisoner information system,

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

6 Transportation System, shall remain available until ex7 pended: Provided, That, with respect to the amounts ap8 propriated above, the service of maintaining and trans9 porting State, local, or territorial prisoners shall be consid10 ered a specialized or technical service for purposes of 31

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

12 considered persons (transported for other than commercial

13 purposes) whose presence is associated with the perform14 ance of a governmental function for purposes of 49 U.S.C.

15 40102.

16 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

17 MARSHALS SERVICE

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

19 Violent Crime Control and Law Enforcement Act of 1994

20 (Public Law 103–322), as amended, $25,000,000, to re21 main available until expended, which shall be derived from

22 the Violent Crime Reduction Trust Fund.

23 FEDERAL PRISONER DETENTION

24 For expenses, related to United States prisoners in

25 the custody of the United States Marshals Service as au26 thorized in 18 U.S.C. 4013, but not including expenses
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1 otherwise provided for in appropriations available to the

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

3 U.S.C. 561(i), to remain available until expended: Pro4 vided, That this appropriation hereafter shall not be avail5 able for expenses authorized under 18 U.S.C. 4013(a)(4).

6 FEES AND EXPENSES OF WITNESSES

7 For expenses, mileage, compensation, and per diems

8 of witnesses, for expenses of contracts for the procurement

9 and supervision of expert witnesses, for private counsel ex10 penses, and for per diems in lieu of subsistence, as author11 ized by law, including advances, $100,702,000, to remain

12 available until expended; of which not to exceed

13 $4,750,000 may be made available for planning, construc14 tion, renovations, maintenance, remodeling, and repair of

15 buildings, and the purchase of equipment incident thereto,

16 for protected witness safesites; of which not to exceed

17 $1,000,000 may be made available for the purchase and

18 maintenance of armored vehicles for transportation of pro19 tected witnesses; and of which not to exceed $4,000,000

20 may be made available for the purchase, installation and

21 maintenance of a secure, automated information network

22 to store and retrieve the identities and locations of pro23 tected witnesses.
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1 SALARIES AND EXPENSES, COMMUNITY RELATIONS

2 SERVICE

3 For necessary expenses of the Community Relations

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

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

6 other provision of law, upon a determination by the Attor7 ney General that emergent circumstances require addi8 tional funding for conflict prevention and resolution activi9 ties of the Community Relations Service, the Attorney

10 General may transfer such amounts to the Community Re11 lations Service, from available appropriations for the cur12 rent fiscal year for the Department of Justice, as may be

13 necessary to respond to such circumstances: Provided fur14 ther, That any transfer pursuant to this paragraph shall

15 be treated as a reprogramming under section 605 of this

16 Act and shall not be available for obligation or expenditure

17 except in compliance with the procedures set forth in that

18 section.

19 ASSETS FORFEITURE FUND

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

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

22 to be derived from the Department of Justice Assets For23 feiture Fund.
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1 RADIATION EXPOSURE COMPENSATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses in accordance

4 with the Radiation Exposure Compensation Act,

5 $2,000,000.

6 PAYMENT TO RADIATION EXPOSURE COMPENSATION

7 TRUST FUND

8 For payments to the Radiation Exposure Compensa9 tion Trust Fund, $13,736,000, not to be available for ob10 ligation until September 30, 1997.

11 INTERAGENCY LAW ENFORCEMENT

12 INTERAGENCY CRIME AND DRUG ENFORCEMENT

13 For necessary expenses for the detection, investiga14 tion, and prosecution of individuals involved in organized

15 crime drug trafficking not otherwise provided for, to in16 clude intergovernmental agreements with State and local

17 law enforcement agencies engaged in the investigation and

18 prosecution of individuals involved in organized crime drug

19 trafficking, $372,017,000, of which $50,000,000 shall re20 main available until expended: Provided, That any

21 amounts obligated from appropriations under this heading

22 may be used under authorities available to the organiza23 tions reimbursed from this appropriation: Provided fur24 ther, That any unobligated balances remaining available

25 at the end of the fiscal year shall revert to the Attorney

26 General for reallocation among participating organizations
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1 in succeeding fiscal years, subject to the reprogramming

2 procedures described in section 605 of this Act.

3 FEDERAL BUREAU OF INVESTIGATION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Bureau of In6 vestigation for detection, investigation, and prosecution of

7 crimes against the United States; including purchase for

8 police-type use of not to exceed 2,706 passenger motor ve9 hicles, of which 1,945 will be for replacement only, without

10 regard to the general purchase price limitation for the cur11 rent fiscal year, and hire of passenger motor vehicles; ac12 quisition, lease, maintenance, and operation of aircraft;

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

14 of a confidential character, to be expended under the di15 rection of, and to be accounted for solely under the certifi16 cate of, the Attorney General; $2,528,706,000, of which

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

18 and telecommunications and technical investigative equip19 ment and $1,000,000 for undercover operations shall re20 main available until September 30, 1998; of which not less

21 than $117,081,000 shall be for counterterrorism inves22 tigations, foreign counterintelligence, and other activities

23 related to our national security; of which not to exceed

24 $98,400,000 shall remain available until expended; of

25 which not to exceed $10,000,000 is authorized to be made
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1 available for making payments or advances for expenses

2 arising out of contractual or reimbursable agreements

3 with State and local law enforcement agencies while en4 gaged in cooperative activities related to violent crime, ter5 rorism, organized crime, and drug investigations; and of

6 which $1,500,000 shall be available to maintain an inde7 pendent program office dedicated solely to the relocation

8 of the Criminal Justice Information Services Division and

9 the automation of fingerprint identification services: Pro10 vided, That not to exceed $45,000 shall be available for

11 official reception and representation expenses.

12 VIOLENT CRIME REDUCTION PROGRAMS

13 For activities authorized by the Violent Crime Con14 trol and Law Enforcement Act of 1994 (Public Law 103–

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

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

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

18 until expended, which shall be derived from the Violent

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

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

21 1994 Act and section 811 of the Antiterrorism Act;

22 $76,423,000 shall be for activities authorized by section

23 190001(b) of the 1994 Act, of which $20,240,000 shall

24 be for activities authorized by section 103 of the Brady

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

26 as amended; $4,000,000 shall be for training and inves-
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1 tigative assistance authorized by section 210501 of the

2 1994 Act; $9,500,000 shall be for grants to States, as au3 thorized by section 811(b) of the Antiterrorism Act;

4 $5,500,000 shall be for establishing DNA quality-assur5 ance and proficiency-testing standards, establishing an

6 index to facilitate law enforcement exchange of DNA iden7 tification information, and related activities authorized by

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

9 for investigative support for Senior Citizens Against Mar10 keting Scams, as authorized by section 250005 of the

11 1994 Act.

12 CONSTRUCTION

13 For necessary expenses to construct or acquire build14 ings and sites by purchase, or as otherwise authorized by

15 law (including equipment for such buildings); conversion

16 and extension of federally-owned buildings; and prelimi17 nary planning and design of projects; $55,676,000, to re18 main available until expended.

19 DRUG ENFORCEMENT ADMINISTRATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Drug Enforcement Ad22 ministration, including not to exceed $70,000 to meet un23 foreseen emergencies of a confidential character, to be ex24 pended under the direction of, and to be accounted for

25 solely under the certificate of, the Attorney General; ex26 penses for conducting drug education and training pro-
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1 grams, including travel and related expenses for partici2 pants in such programs and the distribution of items of

3 token value that promote the goals of such programs; pur4 chase of not to exceed 1,158 passenger motor vehicles, of

5 which 1,032 will be for replacement only, for police-type

6 use without regard to the general purchase price limitation

7 for the current fiscal year; and acquisition, lease, mainte8 nance, and operation of aircraft; $733,038,000, of which

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

10 for transfer to the Drug Diversion Control Fee Account

11 for operating expenses shall remain available until ex12 pended, and of which not to exceed $4,000,000 for pur13 chase of evidence and payments for information, not to

14 exceed $4,000,000 for contracting for automated data

15 processing and telecommunications equipment, and not to

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

17 for technical equipment, and $2,000,000 for aircraft re18 placement retrofit and parts, shall remain available until

19 September 30, 1998; and of which not to exceed $50,000

20 shall be available for official reception and representation

21 expenses.

22 VIOLENT CRIME REDUCTION PROGRAMS

23 (INCLUDING TRANSFER OF FUNDS)

24 For activities authorized by sections 180104 and

25 190001(b) of the Violent Crime Control and Law Enforce26 ment Act of 1994 (Public Law 103–322), as amended,
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1 and section 814 of the Antiterrorism and Effective Death

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

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

4 as otherwise authorized in this title, $243,000,000, to re5 main available until expended, which shall be derived from

6 the Violent Crime Reduction Trust Fund: Provided, That

7 $71,000,000 shall be derived by transfer from Community

8 Oriented Policing Services, Violent Crime Reduction Pro9 grams, for the purpose of providing State and local police

10 officers with equipment, conveyances, overtime and other

11 expenses associated with their participation on drug task

12 forces.

13 IMMIGRATION AND NATURALIZATION SERVICE

14 SALARIES AND EXPENSES

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
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1 operation of aircraft; and research related to immigration

2 enforcement; $1,667,614,000, of which not to exceed

3 $400,000 for research shall remain available until ex4 pended; and of which not to exceed $10,000,000 shall be

5 available for costs associated with the training program

6 for basic officer training, and $5,000,000 is for payments

7 or advances arising out of contractual or reimbursable

8 agreements with State and local law enforcement agencies

9 while engaged in cooperative activities related to immigra10 tion: Provided, That none of the funds available to the Im11 migration and Naturalization Service shall be available to

12 pay any employee overtime pay in an amount in excess

13 of $30,000 during the calendar year beginning January

14 1, 1997: Provided further, That uniforms may be pur15 chased without regard to the general purchase price limi16 tation for the current fiscal year: Provided further, That

17 not to exceed $5,000 shall be available for official recep18 tion and representation expenses: Provided further, That

19 none of the funds provided in this or any other Act shall

20 be used for the continued operation of the San Clemente

21 and Temecula checkpoints unless the checkpoints are open

22 and traffic is being checked on a continuous 24-hour basis:

23 Provided further, That the Land Border Fee Pilot Project

24 scheduled to end September 30, 1996, is extended to Sep25 tember 30, 1999 for projects on both the northern and
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1 southern borders of the United States, except that no pilot

2 program may implement a universal land border crossing

3 toll.

4 VIOLENT CRIME REDUCTION PROGRAMS

5 For activities authorized by sections 130002,

6 130005, 130006, 130007, and 190001(b) of the Violent

7 Crime Control and Law Enforcement Act of 1994 (Public

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

9 Antiterrorism and Effective Death Penalty Act of 1996

10 (Public Law 104–132), $500,168,000, to remain available

11 until expended, which will be derived from the Violent

12 Crime Reduction Trust Fund, of which $95,784,000 shall

13 be for expeditious deportation of denied asylum applicants,

14 $287,857,000 shall be for improving border controls, and

15 $116,527,000 shall be for detention and deportation pro16 ceedings: Provided, That amounts not required for asylum

17 processing provided under the expeditious deportation of

18 denied asylum applicants shall also be available for other

19 deportation program activities.

20 CONSTRUCTION

21 For planning, construction, renovation, equipping,

22 and maintenance of buildings and facilities necessary for

23 the administration and enforcement of the laws relating

24 to immigration, naturalization, and alien registration, not

25 otherwise provided for, $9,841,000, to remain available

26 until expended.
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1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 For expenses necessary for the administration, oper4 ation, and maintenance of Federal penal and correctional

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

6 which 572 are for replacement only), and hire of law en7 forcement and passenger motor vehicles; and for the provi8 sion of technical assistance and advice on corrections re9 lated issues to foreign governments; $2,817,816,000: Pro10 vided, That the Attorney General may transfer to the

11 Health Resources and Services Administration such

12 amounts as may be necessary for direct expenditures by

13 that Administration for medical relief for inmates of Fed14 eral penal and correctional institutions: Provided further,

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

16 where necessary, may enter into contracts with a fiscal

17 agent/fiscal intermediary claims processor to determine

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

19 FPS, furnish health services to individuals committed to

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

21 may be purchased without regard to the general purchase

22 price limitation for the current fiscal year: Provided fur23 ther, That not to exceed $6,000 shall be available for offi24 cial reception and representation expenses: Provided fur25 ther, That not to exceed $50,000,000 for the activation
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1 of new facilities shall remain available until September 30,

2 1998: Provided further, That of the amounts provided for

3 Contract Confinement, not to exceed $20,000,000 shall re4 main available until expended to make payments in ad5 vance for grants, contracts and reimbursable agreements,

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

7 Refugee Education Assistance Act of 1980, as amended,

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

9 and Haitian entrants: Provided further, That notwith10 standing section 4(d) of the Service Contract Act of 1965

11 (41 U.S.C. 353(d)), FPS may enter into contracts and

12 other agreements with private entities for periods of not

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

14 confinement of Federal prisoners: Provided further, That

15 the National Institute of Corrections hereafter shall be in16 cluded in the FPS Salaries and Expenses budget, in the

17 Contract Confinement program and shall continue to per18 form its current functions under 18 U.S.C. 4351, et seq.,

19 with the exception of its grant program and shall collect

20 reimbursement for services whenever possible: Provided

21 further, That any unexpended balances available to the

22 ‘‘National Institute of Corrections’’ account shall be cred23 ited to and merged with this appropriation, to remain

24 available until expended.
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1 VIOLENT CRIME REDUCTION PROGRAMS

2 For substance abuse treatment in Federal prisons as

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

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

6 expended, which shall be derived from the Violent Crime

7 Reduction Trust Fund.

8 BUILDINGS AND FACILITIES

9 For planning, acquisition of sites and construction of

10 new facilities; leasing the Oklahoma City Airport Trust

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

16 existing penal and correctional institutions, including all

17 necessary expenses incident thereto, by contract or force

18 account; $395,700,000, to remain available until ex19 pended, of which not to exceed $14,074,000 shall be avail20 able to construct areas for inmate work programs: Pro21 vided, That labor of United States prisoners may be used

22 for work performed under this appropriation: Provided

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

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

26 Federal Prison System, upon notification by the Attorney
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1 General to the Committees on Appropriations of the

2 House of Representatives and the Senate in compliance

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

5 to exceed $36,570,000 shall be available for the renovation

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

8 FEDERAL PRISON INDUSTRIES, INCORPORATED

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

11 of funds and borrowing authority available, and in accord

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

15 may be necessary in carrying out the program set forth

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

19 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

20 PRISON INDUSTRIES, INCORPORATED

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

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

25 with the corporation’s current prescribed accounting sys26 tem, and such amounts shall be exclusive of depreciation,
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1 payment of claims, and expenditures which the said ac2 counting system requires to be capitalized or charged to

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

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

7 property belonging to the corporation or in which it has

8 an interest.

9 OFFICE OF JUSTICE PROGRAMS

10 JUSTICE ASSISTANCE

11 For grants, contracts, cooperative agreements, and

12 other assistance authorized by title I of the Omnibus

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

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

15 including salaries and expenses in connection therewith,

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

17 $100,000,000, to remain available until expended, as au18 thorized by section 1001 of title I of the Omnibus Crime

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

20 102–534 (106 Stat. 3524).

21 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

22 For grants, contracts, cooperative agreements, and

23 other assistance authorized by part E of title I of the Om24 nibus Crime Control and Safe Streets Act of 1968, as

25 amended, for State and Local Narcotics Control and Jus-
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1 tice Assistance Improvements, notwithstanding the provi2 sions of section 511 of said Act, $315,000,000, to remain

3 available until expended, as authorized by section 1001 of

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

5 (106 Stat. 3524), of which $60,000,000 shall be available

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

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

8 the Edward Byrne Memorial State and Local Law En9 forcement Assistance Programs.

10 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

11 LOCAL LAW ENFORCEMENT ASSISTANCE

12 For assistance (including amounts for administrative

13 costs for management and administration, which amounts

14 shall be transferred to and merged with the ‘‘Justice As15 sistance’’ account) authorized by the Violent Crime Con16 trol and Law Enforcement Act of 1994 (Public Law 103–

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

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

19 1968 Act’’); and the Victims of Child Abuse Act of 1990,

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

21 available until expended, which shall be derived from the

22 Violent Crime Reduction Trust Fund; of which

23 $571,000,000 shall be for Local Law Enforcement Block

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

25 Representatives on February 14, 1995, except that for
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1 purposes of this Act, the Commonwealth of Puerto Rico

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

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

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

5 and for establishing crime prevention programs involving

6 cooperation between community residents and law enforce7 ment personnel in order to control, detect, or investigate

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

9 funds provided under this heading may be used as match10 ing funds for any other Federal grant program: Provided

11 further, That notwithstanding any other provision of this

12 title, the Attorney General may transfer up to

13 $18,000,000 of this amount for drug courts pursuant to

14 title V of the 1994 Act, consistent with the reprogram15 ming procedures outlined in section 605 of this Act: Pro16 vided further, That funds may also be used to defray the

17 costs of indemnification insurance for law enforcement of18 ficers; of which $50,000,000 shall be for grants to upgrade

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

20 Brady Handgun Violence Prevention Act of 1993, as

21 amended, and section 4(b) of the National Child Protec22 tion Act of 1993; of which $245,000,000 shall be available

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

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

25 I of the 1968 Act, notwithstanding section 511 of said
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1 Act, for the Edward Byrne Memorial State and Local Law

2 Enforcement Assistance Programs; of which

3 $330,000,000 shall be for the State Criminal Alien Assist4 ance Program, as authorized by section 242(j) of the Im5 migration and Nationality Act, as amended; of which

6 $680,000,000 shall be for Violent Offender Incarceration

7 and Truth in Sentencing Incentive Grants pursuant to

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

9 $170,000,000 shall be available for payments to States for

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

11 shall be available for the Cooperative Agreement Program;

12 of which $6,000,000 shall be for the Court Appointed Spe13 cial Advocate Program, as authorized by section 218 of

14 the 1990 Act; of which $1,000,000 shall be for Child

15 Abuse Training Programs for Judicial Personnel and

16 Practitioners, as authorized by section 224 of the 1990

17 Act; of which $145,000,000 shall be for Grants to Combat

18 Violence Against Women to States, units of local govern19 ment and Indian tribal governments, as authorized by sec20 tion 1001(a)(18) of the 1968 Act; of which $33,000,000

21 shall be for Grants to Encourage Arrest Policies to States,

22 units of local government, and Indian tribal governments,

23 as authorized by section 1001(a)(19) of the 1968 Act; of

24 which $8,000,000 shall be for Rural Domestic Violence

25 and Child Abuse Enforcement Assistance Grants, as au-
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1 thorized by section 40295 of the 1994 Act; of which

2 $1,000,000 shall be for training programs to assist proba3 tion and parole officers who work with released sex offend4 ers, as authorized by section 40152(c) of the 1994 Act;

5 of which $550,000 shall be for grants for televised testi6 mony, as authorized by section 1001(a)(7) of the 1968

7 Act; of which $1,750,000 shall be for national stalker and

8 domestic violence reduction, as authorized by section

9 40603 of the 1994 Act; of which $35,000,000 shall be for

10 grants for residential substance abuse treatment for State

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

12 1968 Act; of which $3,000,000 shall be for grants to

13 States and units of local government for projects to im14 prove DNA analysis, as authorized by section 1001(a)(22)

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

16 Enforcement Family Support Programs, as authorized by

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

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

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

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

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

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

23 Courts Assistance Grants, as authorized by section

24 210602 of the 1994 Act; of which $200,000 shall be for

25 a National Baseline Study on Campus Sexual Assault, as
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1 authorized by section 40506(e) of the 1994 Act; and of

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

3 addressing marketing scams aimed at senior citizens, as

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

5 further, That funds made available in fiscal year 1997

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

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

8 be obligated for programs to assist States in the litigation

9 processing of death penalty Federal habeas corpus peti10 tions and for drug testing initiatives: Provided further,

11 That any 1996 balances for these programs shall be trans12 ferred to and merged with this appropriation: Provided

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

14 the funds made available under this title to increase the

15 number of law enforcement officers, the unit of local gov16 ernment will achieve a net gain in the number of law en17 forcement officers who perform nonadministrative public

18 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
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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

23 Control and Law Enforcement Act of 1994, Public Law

24 103–322 (‘‘the 1994 Act’’) (including administrative

25 costs), $1,400,000,000, to remain available until ex-
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1 pended, which shall be derived from the Violent Crime

2 Reduction Trust Fund, for Public Safety and Community

3 Policing Grants pursuant to title I of the 1994 Act: Pro4 vided, That of this amount, $10,000,000 shall be avail5 able for programs of Police Corps education, training and

6 service as set forth in sections 200101–200113 of the

7 1994 Act: Provided further, That of this amount,

8 $71,000,000 shall be transferred to the Drug Enforce9 ment Administration for the purpose of providing State

10 and local police officers with equipment, conveyances,

11 overtime and other expenses associated with their partici12 pation on drug task forces: Provided further, That of this

13 amount, $30,500,000 shall be for additional grants au14 thorized by part B of title II of the Juvenile Justice and

15 Delinquency Prevention Act of 1974, as amended, to re16 main available until expended, for the purpose of provid17 ing additional formula grants under part B, for innova18 tive local law enforcement and community policing pro19 grams, to States that provide assurances to the Adminis20 trator that the State has in effect (or will have in effect

21 not later than 1 year after date of application) policies

22 and programs, that ensure that juveniles who commit an

23 act after attaining 14 years of age, that would be a seri24 ous violent crime if committed by an adult, are treated

25 as adults for purpose of prosecution: Provided further,
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1 That not to exceed 130 permanent positions and 130

2 full-time equivalent workyears and $14,602,000 shall be

3 expended for program management and administration.

4 JUVENILE JUSTICE PROGRAMS

5 For grants, contracts, cooperative agreements, and

6 other assistance authorized by the Juvenile Justice and

7 Delinquency Prevention Act of 1974, as amended, includ8 ing salaries and expenses in connection therewith to be

9 transferred to and merged with the appropriations for

10 Justice Assistance, $145,000,000, to remain available

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

12 title II and section 506 of title V of the Act, as amended

13 by Public Law 102–586, of which (1) $100,000,000 shall

14 be available for expenses authorized by parts A, B, and

15 C of title II of the Act; (2) $11,000,000 shall be available

16 for expenses authorized by sections 281 and 282 of part

17 D of title II of the Act for prevention and treatment pro18 grams relating to juvenile gangs; (3) $10,000,000 shall

19 be available for expenses authorized by section 285 of part

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

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

22 for juvenile mentoring programs; and (5) $20,000,000

23 shall be available for expenses authorized by title V of the

24 Act for incentive grants for local delinquency prevention

25 programs: Provided, That upon the enactment of reau26 thorization legislation for Juvenile Justice Programs
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1 under the Juvenile Justice and Delinquency Prevention

2 Act of 1974, as amended, funding provided in this Act

3 shall from that date be subject to the provisions of that

4 legislation and any provisions in this Act that are incon5 sistent with that legislation shall no longer have effect.

6 In addition, for grants, contracts, cooperative agree7 ments, and other assistance authorized by the Victims of

8 Child Abuse Act of 1990, as amended, $4,500,000, to re9 main available until expended, as authorized by sections

10 214B of the Act.

11 PUBLIC SAFETY OFFICERS BENEFITS

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

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

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

15 to remain available until expended, as authorized by sec16 tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),

17 and, in addition, $2,200,000, to remain available until ex18 pended, for payments as authorized by section 1201(b) of

19 said Act.

20 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

21 SEC. 101. In addition to amounts otherwise made

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

24 appropriated to the Department of Justice in this title

25 shall be available to the Attorney General for official re26 ception and representation expenses in accordance with
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1 distributions, procedures, and regulations established by

2 the Attorney General.

3 SEC. 102. Authorities contained in the Department

4 of Justice Appropriation Authorization Act, Fiscal Year

5 1980 (Pub. L. 96–132, 93 Stat. 1040 (1979)), as amend6 ed, shall remain in effect until the termination date of this

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

8 Appropriation Authorization Act, whichever is earlier.

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

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

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

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

13 That should this prohibition be declared unconstitutional

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

15 null and void.

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

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

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

19 SEC. 105. Nothing in the preceding section shall re20 move the obligation of the Director of the Bureau of Pris21 ons to provide escort services necessary for a female in22 mate to receive such service outside the Federal facility:

23 Provided, That nothing in this section in any way dimin24 ishes the effect of section 104 intended to address the phil-
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1 osophical beliefs of individual employees of the Bureau of

2 Prisons.

3 SEC. 106. Notwithstanding any other provision of

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

6 a program under which publicly-advertised, extraordinary

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

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

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

11 may not be made without the personal approval of the

12 President or the Attorney General and such approval may

13 not be delegated.

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

17 from the Violent Crime Reduction Trust Fund, may be

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

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

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

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

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

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

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

5 States Code, is amended in paragraph (6), by striking ev6 erything after ‘‘total less than $15,000;’’ and inserting in

7 lieu thereof: ‘‘$500 for each quarter in which disburse8 ments total $15,000 or more but less than $75,000; $750

9 for each quarter in which disbursements total $75,000 or

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

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

12 $225,000; $1,500 for each quarter in which disbursements

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

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

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

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

17 than $2,000,000; $7,500 for each quarter in which dis18 bursements total $2,000,000 or more but less than

19 $3,000,000; $8,000 for each quarter in which disburse20 ments total $3,000,000 or more but less than $5,000,000;

21 $10,000 for each quarter in which disbursements total

22 $5,000,000 or more. The fee shall be payable on the last

23 day of the calendar month following the calendar quarter

24 for which the fee is owed.’’.
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1 (b) Section 589a of title 28, United States Code, is

2 amended to read as follows:

3 ‘‘§ 589a. United States Trustee System Fund

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

5 the United States a special fund to be known as the ‘Unit6 ed States Trustee System Fund’ (hereinafter in this sec7 tion referred to as the ‘Fund’). Monies in the Fund shall

8 be available to the Attorney General without fiscal year

9 limitation in such amounts as may be specified in appro10 priations Acts for the following purposes in connection

11 with the operations of United States trustees—

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

13 ‘‘(2) travel and transportation;

14 ‘‘(3) rental of space;

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

16 computer charges;

17 ‘‘(5) security investigations and audits;

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

19 legal research;

20 ‘‘(7) furniture and equipment;

21 ‘‘(8) miscellaneous services, including those ob22 tained by contract; and

23 ‘‘(9) printing.

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

25 of the United States Trustee System, there shall be depos-
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1 ited as offsetting collections to the appropriation ‘United

2 States Trustee System Fund’, to remain available until

3 expended, the following—

4 ‘‘(1) 23.08 percent of the fees collected under

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

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

7 1930(a)(3) of this title;

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

9 1930(a)(4) of this title;

10 ‘‘(4) one-half of the fees collected under section

11 1930(a)(5) of this title;

12 ‘‘(5) 100 percent of the fees collected under sec13 tion 1930(a)(6) of this title;

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

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

16 ‘‘(7) the compensation of trustees received

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

18 bankruptcy courts; and

19 ‘‘(8) excess fees collected under section

20 586(e)(2) of this title.

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

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

23 be kept on deposit or invested in obligations of, or guaran24 teed by, the United States.
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1 ‘‘(d) The Attorney General shall transmit to the Con2 gress, not later than 120 days after the end of each fiscal

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

4 Fund and a description of expenditures made under this

5 section.

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

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

8 to supplement amounts deposited under subsection (b) for

9 the purposes specified in subsection (a).’’.

10 (c) Notwithstanding any other provision of law or of

11 this Act, the amendments to 28 U.S.C. 589a made by sub12 section (b) of this section shall take effect upon enactment

13 of this Act.

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

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

16 follows:

17 ‘‘TITLE IV—TELECOMMUNICATIONS

18 CARRIER COMPLIANCE PAYMENTS

19 ‘‘SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNI20 CATIONS CARRIER COMPLIANCE FUND.

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

22 established in the United States Treasury a fund to be

23 known as the Department of Justice Telecommunications

24 Carrier Compliance Fund (hereafter referred to as ‘the

25 Fund’), which shall be available without fiscal year limita-
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1 tion to the Attorney General for making payments to tele2 communications carriers, equipment manufacturers, and

3 providers of telecommunications support services pursuant

4 to section 109 of this Act.

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

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

7 States with law enforcement or intelligence responsibilities

8 may deposit as offsetting collections to the Fund any un9 obligated balances that are available until expended, upon

10 compliance with any Congressional notification require11 ments for reprogrammings of funds applicable to the ap12 propriation 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 only be available for obligation after submis25 sion of an implementation plan as set forth in subsection
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1 (e), to the Committees on the Judiciary and Appropria2 tions of both the House of Representatives and the Senate

3 and shall be treated as a reprogramming of funds under

4 section 605 of the Department of Commerce, Justice, and

5 State, the Judiciary, and Related Agencies Appropriations

6 Act, 1997, and shall not be available for obligation or ex7 penditure except in compliance with the procedures set

8 forth in that section.

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

10 plan shall include:

11 ‘‘(1) law enforcement assistance capability fea12 tures including an explanation of how proposed

13 interface and assistance capability requirements ex14 ceed or differ from the law enforcement assistance

15 currently provided by carriers;

16 ‘‘(2) the actual and maximum number of simul17 taneous surveillances/intercepts that law enforcement

18 agencies expect to perform (capacity requirements),

19 as well as the ‘‘historical baseline electronic surveil20 lance activity’’ on which the proposed capacity re21 quirements are based;

22 ‘‘(3) a detailed county by county listing of pro23 posed actual and maximum capacity requirements;

24 ‘‘(4) the proposed network switch and other as25 sistance capability features requested by law enforce-
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1 ment that would be required to be installed by tele2 communications carriers;

3 ‘‘(5) a complete estimate of the full costs of de4 velopment and deployment of the assistance capabil5 ity features, the full costs of the proposed actual and

6 maximum capacities requested by law enforcement,

7 the full cost of training telecommunications carrier

8 personnel in the use of such capabilities and capac9 ities, and to what extent funding of $500,000,000

10 will be sufficient to fully reimburse telecommuni11 cations carriers for the reasonable cost of compliance

12 with this Act; and

13 ‘‘(6) a complete estimate of the full and reason14 able costs associated with modification to be per15 formed by telecommunications carriers of their net16 work equipment and facilities installed or deployed

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

18 reimbursement.

19 ‘‘(f) ANNUAL REPORT TO THE CONGRESS.—The At20 torney General shall submit to the Congress each year a

21 report specifically detailing all deposits and expenditures

22 made pursuant to this Act in each fiscal year. This report

23 shall be submitted to each member of the Committees on

24 the Judiciary and Appropriations of both the House of

25 Representatives and the Senate, and to the Speaker and
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1 minority leader of the House of Representatives and to

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

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

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

5 Appropriations Act, 1997’’.

6 TITLE II—DEPARTMENT OF COMMERCE AND

7 RELATED AGENCIES

8 TRADE AND INFRASTRUCTURE DEVELOPMENT

9 RELATED AGENCIES

10 OFFICE OF THE UNITED STATES TRADE

11 REPRESENTATIVE

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of the United

14 States Trade Representative, including the hire of pas15 senger motor vehicles and the employment of experts and

16 consultants as authorized by 5 U.S.C. 3109, $21,449,000,

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

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

19 for official reception and representation expenses.

20 INTERNATIONAL TRADE COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the International Trade

23 Commission, including hire of passenger motor vehicles,

24 and services as authorized by 5 U.S.C. 3109, and not to
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1 exceed $2,500 for official reception and representation ex2 penses, $40,000,000, to remain available until expended.

3 DEPARTMENT OF COMMERCE

4 INTERNATIONAL TRADE ADMINISTRATION

5 OPERATIONS AND ADMINISTRATION

6 For necessary expenses for international trade activi7 ties of the Department of Commerce provided for by law,

8 and engaging in trade promotional activities abroad, in9 cluding expenses of grants and cooperative agreements for

10 the purpose of promoting exports of United States firms,

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

12 coverage for dependent members of immediate families of

13 employees stationed overseas and employees temporarily

14 posted overseas; travel and transportation of employees of

15 the United States and Foreign Commercial Service be16 tween two points abroad, without regard to 49 U.S.C.

17 1517; employment of Americans and aliens by contract for

18 services; rental of space abroad for periods not exceeding

19 ten years, and expenses of alteration, repair, or improve20 ment; purchase or construction of temporary demountable

21 exhibition structures for use abroad; payment of tort

22 claims, in the manner authorized in the first paragraph

23 of 28 U.S.C. 2672 when such claims arise in foreign coun24 tries; not to exceed $327,000 for official representation

25 expenses abroad; purchase of passenger motor vehicles for
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1 official use abroad, not to exceed $30,000 per vehicle; ob2 tain insurance on official motor vehicles; and rent tie lines

3 and teletype equipment; $272,000,000, to remain avail4 able until expended: Provided, That the provisions of the

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

6 of the Mutual Educational and Cultural Exchange Act of

7 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car8 rying out these activities without regard to section 5412

9 of the Omnibus Trade and Competitiveness Act of 1988

10 (15 U.S.C. 4912); and that for the purpose of this Act,

11 contributions under the provisions of the Mutual Edu12 cational and Cultural Exchange Act shall include payment

13 for assessments for services provided as part of these ac14 tivities.

15 EXPORT ADMINISTRATION

16 OPERATIONS AND ADMINISTRATION

17 For necessary expenses for export administration and

18 national security activities of the Department of Com19 merce, including costs associated with the performance of

20 export administration field activities both domestically and

21 abroad; full medical coverage for dependent members of

22 immediate families of employees stationed overseas; em23 ployment of Americans and aliens by contract for services

24 abroad; rental of space abroad for periods not exceeding

25 ten years, and expenses of alteration, repair, or improve-
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1 ment; payment of tort claims, in the manner authorized

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

3 arise in foreign countries; not to exceed $15,000 for offi4 cial representation expenses abroad; awards of compensa5 tion to informers under the Export Administration Act of

6 1979, and as authorized by 22 U.S.C. 401(b); purchase

7 of passenger motor vehicles for official use and motor vehi8 cles for law enforcement use with special requirement vehi9 cles eligible for purchase without regard to any price limi10 tation otherwise established by law; $38,604,000, to re11 main available until expended: Provided, That the provi12 sions of the first sentence of section 105(f) and all of sec13 tion 108(c) of the Mutual Educational and Cultural Ex14 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall

15 apply in carrying out these activities: Provided further,

16 That payments and contributions collected and accepted

17 for materials or services provided as part of such activities

18 may be retained for use in covering the cost of such activi19 ties, and for providing information to the public with re20 spect to the export administration and national security

21 activities of the Department of Commerce and other ex22 port control programs of the United States and other gov23 ernments.
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1 ECONOMIC DEVELOPMENT ADMINISTRATION

2 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

3 For grants for economic development assistance as

4 provided by the Public Works and Economic Development

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

6 laws that were in effect immediately before September 30,

7 1982, $328,500,000: Provided, That none of the funds ap8 propriated or otherwise made available under this heading

9 may be used directly or indirectly for attorneys’ or consult10 ants’ fees in connection with securing grants and contracts

11 made by the Economic Development Administration: Pro12 vided further, That, notwithstanding any other provision

13 of law, the Secretary of Commerce may provide financial

14 assistance for projects to be located on military installa15 tions closed or scheduled for closure or realignment to

16 grantees eligible for assistance under the Public Works

17 and Economic Development Act of 1965, as amended,

18 without it being required that the grantee have title or

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

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

21 of Commerce, such financial assistance is necessary for

22 the economic development of the area: Provided further,

23 That the Secretary of Commerce may, as the Secretary

24 considers appropriate, consult with the Secretary of De-
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1 fense regarding the title to land on military installations

2 closed or scheduled for closure or realignment.

3 SALARIES AND EXPENSES

4 For necessary expenses of administering the eco5 nomic development assistance programs as provided for by

6 law, $20,000,000: Provided, That these funds may be used

7 to monitor projects approved pursuant to title I of the

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

9 II of the Trade Act of 1974, as amended, and the Commu10 nity Emergency Drought Relief Act of 1977.

11 MINORITY BUSINESS DEVELOPMENT AGENCY

12 MINORITY BUSINESS DEVELOPMENT

13 For necessary expenses of the Department of Com14 merce in fostering, promoting, and developing minority

15 business enterprise, including expenses of grants, con16 tracts, and other agreements with public or private organi17 zations, $29,000,000: Provided, That of the total amount

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

19 expenditure only for projects jointly developed, imple20 mented and administered with the Small Business Admin21 istration.

22 ECONOMIC AND INFORMATION INFRASTRUCTURE

23 ECONOMIC AND STATISTICAL ANALYSIS

24 SALARIES AND EXPENSES

25 For necessary expenses, as authorized by law, of eco26 nomic and statistical analysis programs of the Department
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1 of Commerce, $45,900,000, to remain available until Sep2 tember 30, 1998.

3 ECONOMICS AND STATISTICS ADMINISTRATION

4 REVOLVING FUND

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

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

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

9 Omnibus Trade and Competitiveness Act of 1988 (15

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

11 costs incurred in their production. Notwithstanding 31

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

16 BUREAU OF THE CENSUS

17 SALARIES AND EXPENSES

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

20 by law, $133,617,000.

21 PERIODIC CENSUSES AND PROGRAMS

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

24 law, $205,100,000, to remain available until expended.
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1 NATIONAL TELECOMMUNICATIONS AND INFORMATION

2 ADMINISTRATION

3 SALARIES AND EXPENSES

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

5 the National Telecommunications and Information Ad6 ministration, $15,000,000 to remain available until ex7 pended: Provided, That notwithstanding 31 U.S.C.

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

9 agencies for costs incurred in spectrum management,

10 analysis, and operations, and related services and such

11 fees shall be retained and used as offsetting collections for

12 costs of such spectrum services, to remain available until

13 expended: Provided further, That the Secretary of Com14 merce is authorized to retain and use as offsetting collec15 tions all funds transferred, or previously transferred, from

16 other Government agencies for all costs incurred in tele17 communications research, engineering, and related activi18 ties by the Institute for Telecommunication Sciences of

19 the NTIA, in furtherance of its assigned functions under

20 this paragraph, and such funds received from other Gov21 ernment agencies shall remain available until expended.

22 PUBLIC BROADCASTING FACILITIES, PLANNING AND

23 CONSTRUCTION

24 For grants authorized by section 392 of the Commu25 nications Act of 1934, as amended, $10,250,000, to re26 main available until expended as authorized by section 391
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1 of the Act, as amended: Provided, That not to exceed

2 $1,500,000 shall be available for program administration

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

4 That notwithstanding the provisions of section 391 of the

5 Act, the prior year unobligated balances may be made

6 available for grants for projects for which applications

7 have been submitted and approved during any fiscal year.

8 INFORMATION INFRASTRUCTURE GRANTS

9 For grants authorized by section 392 of the Commu10 nications Act of 1934, as amended, $21,490,000, to re11 main available until expended as authorized by section 391

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

13 $3,000,000 shall be available for program administration

14 and other support activities as authorized by section 391:

15 Provided further, That of the funds appropriated herein,

16 not to exceed 5 percent may be available for telecommuni17 cations research activities for projects related directly to

18 the development of a national information infrastructure:

19 Provided further, That notwithstanding the requirements

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

21 be used for the planning and construction of telecommuni22 cations networks for the provision of educational, cultural,

23 health care, public information, public safety, or other so24 cial services.
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1 PATENT AND TRADEMARK OFFICE

2 SALARIES AND EXPENSES

3 For necessary expenses of the Patent and Trademark

4 Office provided for by law, including defense of suits insti5 tuted against the Commissioner of Patents and Trade6 marks, $100,000,000, to remain available until expended:

7 Provided, That the funds made available under this head8 ing are to be derived from deposits in the Patent and

9 Trademark Office Fee Surcharge Fund as authorized by

10 law: Provided further, That the amounts made available

11 under the Fund shall not exceed amounts deposited; and

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

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

14 expended.

15 SCIENCE AND TECHNOLOGY

16 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

17 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

18 For necessary expenses of the National Institute of

19 Standards and Technology, $268,000,000, to remain

20 available until expended, of which not to exceed

21 $1,625,000 may be transferred to the ‘‘Working Capital

22 Fund’’.

23 INDUSTRIAL TECHNOLOGY SERVICES

24 For necessary expenses of the Manufacturing Exten25 sion Partnership of the National Institute of Standards

26 and Technology, $89,900,000, to remain available until
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1 expended, of which not to exceed $300,000 may be trans2 ferred to the ‘‘Working Capital Fund’’.

3 In addition, for necessary expenses of the Ad4 vanced Technology Program of the National Institute of

5 Standards and Technology, $110,500,000, to remain

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

7 may be transferred to the ‘‘Working Capital Fund’’: Pro8 vided, That none of the funds made available under this

9 heading may be used for the purposes of carrying out ad10 ditional program competitions under the Advanced Tech11 nology Program: Provided further, That any unobligated

12 balances available from carryover of prior year appropria13 tions under the Advanced Technology Program may be

14 used only for the purposes of providing continuation

15 grants.

16 NATIONAL OCEANIC AND ATMOSPHERIC

17 ADMINISTRATION

18 OPERATIONS, RESEARCH, AND FACILITIES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses of activities authorized by

21 law for the National Oceanic and Atmospheric Adminis22 tration, including acquisition, maintenance, operation,

23 and hire of aircraft; not to exceed 200 commissioned offi24 cers on the active list as of April 1, 1997, and no com25 missioned officers on the active list as of September 30,

26 1997; grants, contracts, or other payments to nonprofit
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1 organizations for the purposes of conducting activities

2 pursuant to cooperative agreements; and alteration, mod3 ernization, and relocation of facilities as authorized by 33

4 U.S.C. 883i; $1,738,200,000, to remain available until

5 expended: Provided, That notwithstanding 31 U.S.C.

6 3302 but consistent with other existing law, fees shall be

7 assessed, collected, and credited to this appropriation as

8 offsetting collections to be available until expended, to re9 cover the costs of administering aeronautical charting

10 programs: Provided further, That the sum herein appro11 priated from the general fund shall be reduced as such

12 additional fees are received during fiscal year 1997, so as

13 to result in a final general fund appropriation estimated

14 at not more than $1,735,200,000: Provided further, That

15 any such additional fees received in excess of $3,000,000

16 in fiscal year 1997 shall not be available for obligation

17 until October 1, 1997: Provided further, That fees and

18 donations received by the National Ocean Service for the

19 management of the national marine sanctuaries may be

20 retained and used for the salaries and expenses associ21 ated with those activities, notwithstanding 31 U.S.C.

22 3302: Provided further, That in addition, $66,000,000

23 shall be derived by transfer from the fund entitled ‘‘Pro24 mote and Develop Fishery Products and Research Per25 taining to American Fisheries’’: Provided further, That
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1 grants to States pursuant to sections 306 and 306A of

2 the Coastal Zone Management Act of 1972, as amended,

3 shall not exceed $2,000,000: Provided further, That of

4 the $1,837,176,000 provided for in direct obligations

5 under this heading (of which $1,735,200,000 is appro6 priated from the general fund, $71,276,000 is provided

7 by transfer, and $30,700,000 is derived from unobligated

8 balances and deobligations from prior years),

9 $180,975,000 shall be for the National Ocean Service,

10 $292,907,000 shall be for the National Marine Fisheries

11 Service, $231,826,000 shall be for Oceanic and Atmos12 pheric Research, $633,010,000 shall be for the National

13 Weather Service, $431,582,000 shall be for the National

14 Environmental Satellite, Data, and Information Service,

15 $66,876,000 shall be for Program Support.

16 COASTAL ZONE MANAGEMENT FUND

17 Of amounts collected pursuant to section 308 of

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

19 1456a), not to exceed $7,800,000, for purposes set forth

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

21 such Act.

22 CONSTRUCTION

23 For repair and modification of, and additions to, ex24 isting facilities and construction of new facilities, and for

25 facility planning and design and land acquisition not oth26 erwise provided for the National Oceanic and Atmos-
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1 pheric Administration, $36,000,000, to remain available

2 until expended.

3 FLEET MODERNIZATION, SHIPBUILDING AND

4 CONVERSION

5 For expenses necessary for the repair, acquisition,

6 leasing, or conversion of vessels, including related equip7 ment to maintain and modernize the existing fleet and to

8 continue planning the modernization of the fleet, for the

9 National Oceanic and Atmospheric Administration,

10 $6,000,000, to remain available until expended.

11 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

12 FUND

13 For carrying out the provisions of section 3 of Pub14 lic Law 95–376, not to exceed $200,000, to be derived

15 from receipts collected pursuant to subsections (b) and

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

17 1967 (22 U.S.C. 1980), to remain available until ex18 pended.

19 FISHERMEN’S CONTINGENCY FUND

20 For carrying out the provisions of title IV of Public

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

22 from receipts collected pursuant to that Act, to remain

23 available until expended.

24 FOREIGN FISHING OBSERVER FUND

25 For expenses necessary to carry out the provisions

26 of the Atlantic Tunas Convention Act of 1975, as amend-
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1 ed (Public Law 96–339), the Magnuson Fishery Con2 servation and Management Act of 1976, as amended

3 (Public Law 100–627), and the American Fisheries Pro4 motion Act (Public Law 96–561), to be derived from the

5 fees imposed under the foreign fishery observer program

6 authorized by these Acts, not to exceed $196,000, to re7 main available until expended.

8 FISHING VESSEL OBLIGATIONS GUARANTEES

9 For the cost of guaranteed loans, $250,000, as au10 thorized by the Merchant Marine Act of 1936, as amend11 ed: Provided, That such costs, including the cost of modi12 fying such loans, shall be as defined in section 502 of the

13 Congressional Budget Act of 1974: Provided further,

14 That none of the funds made available under this head15 ing may be used to guarantee loans for any new fishing

16 vessel that will increase the harvesting capacity in any

17 United States fishery.

18 TECHNOLOGY ADMINISTRATION

19 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

20 TECHNOLOGY POLICY

21 SALARIES AND EXPENSES

22 For necessary expenses for the Under Secretary for

23 Technology/Office of Technology Policy, $5,000,000.
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1 GENERAL ADMINISTRATION

2 SALARIES AND EXPENSES

3 For expenses necessary for the general administra4 tion of the Department of Commerce provided for by law,

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

6 $27,400,000.

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

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

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

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 may be used to develop new fishery

3 management plans, amendments, or regulations which cre4 ate new individual fishing quota, individual transferable

5 quota, or new individual transferable effort allocation pro6 grams, or to implement any such plans, amendments, or

7 regulations approved by a Regional Fishery Management

8 Council or the Secretary of Commerce after January 4,

9 1995, until offsetting fees to pay for the cost of admin10 istering such plans, amendments, or regulations are ex11 pressly authorized under the Magnuson Fishery Conserva12 tion and Management Act (16 U.S.C. 1801 et seq.). This

13 restriction shall not apply in any way to any such pro14 grams approved by the Secretary of Commerce prior to

15 January 4, 1995.

16 SEC. 209. The Secretary may award contracts for hy17 drographic, geodetic, and photogrammetric surveying and

18 mapping services in accordance with title IX of the Fed19 eral Property and Administrative Services Act of 1949 (40

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

21 SEC. 210. There is hereby established the Bureau of

22 the Census Working Capital Fund, which shall be avail23 able without fiscal year limitation, for expenses and equip24 ment necessary for the maintenance and operation of such

25 services and projects as the Director of the Census Bureau
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1 determines may be performed more advantageously when

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

3 the fullest extent practicable, be used to make unnecessary

4 the maintenance of separate like services in the divisions

5 and offices of the Bureau: Provided further, That a sepa6 rate schedule of expenditures and reimbursements, and a

7 statement of the current assets and liabilities of the Work8 ing Capital Fund as of the close of the last completed fis9 cal year, shall be prepared each year: Provided further,

10 That notwithstanding 31 U.S.C. 3302, the Working Cap11 ital Fund may be credited with advances and reimburse12 ments from applicable appropriations of the Bureau and

13 from funds of other agencies or entities for services fur14 nished pursuant to law: Provided further, That any inven15 tories, equipment, and other assets pertaining to the serv16 ices to be provided by such funds, either on hand or on

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

18 any appropriations made hereafter for the purpose of pro19 viding capital, shall be used to capitalize the Working Cap20 ital Fund: Provided further, That the Working Capital

21 Fund shall provide for centralized services at rates which

22 will return in full all expenses of operation, including de23 preciation of fund plant and equipment, amortization of

24 automated data processing software and hardware sys-
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1 tems, and an amount necessary to maintain a reasonable

2 operating reserve as determined by the Director.

3 This title may be cited as the ‘‘Department of Com4 merce and Related Agencies Appropriations Act, 1997’’.

5 TITLE III—THE JUDICIARY

6 SUPREME COURT OF THE UNITED STATES

7 SALARIES AND EXPENSES

8 For expenses necessary for the operation of the Su9 preme Court, as required by law, excluding care of the

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

11 maintenance, and operation of an automobile for the Chief

12 Justice, not to exceed $10,000 for the purpose of trans13 porting Associate Justices, and hire of passenger motor

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

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

16 expenses; and for miscellaneous expenses, to be expended

17 as the Chief Justice may approve; $27,157,000.

18 CARE OF THE BUILDING AND GROUNDS

19 For such expenditures as may be necessary to enable

20 the Architect of the Capitol to carry out the duties im21 posed upon him by the Act approved May 7, 1934 (40

22 U.S.C. 13a–13b), $2,490,000, of which $260,000 shall re23 main available until expended.
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

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

6 court, as authorized by law, $15,013,000.

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

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

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

12 of the court, as authorized by law, $11,114,000.

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 For the salaries of circuit and district judges (includ17 ing judges of the territorial courts of the United States),

18 justices and judges retired from office or from regular ac19 tive service, judges of the United States Court of Federal

20 Claims, bankruptcy judges, magistrate judges, and all

21 other officers and employees of the Federal Judiciary not

22 otherwise specifically provided for, and necessary expenses

23 of the courts, as authorized by law, $2,550,956,000 (in24 cluding the purchase of firearms and ammunition); of

25 which not to exceed $13,454,000 shall remain available
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1 until expended for space alteration projects; of which not

2 to exceed $10,000,000 shall remain available until ex3 pended for furniture and furnishings related to new space

4 alteration and construction projects; and of which

5 $500,000 is to remain available until expended for acquisi6 tion of books, periodicals, and newspapers, and all other

7 legal reference materials, including subscriptions.

8 In addition, for expenses of the United States Court

9 of Federal Claims associated with processing cases under

10 the National Childhood Vaccine Injury Act of 1986, not

11 to exceed $2,390,000, to be appropriated from the Vaccine

12 Injury Compensation Trust Fund.

13 VIOLENT CRIME REDUCTION PROGRAMS

14 For activities of the Federal Judiciary as authorized

15 by law, $30,000,000, to remain available until expended,

16 which shall be derived from the Violent Crime Reduction

17 Trust Fund, as authorized by section 190001(a) of Public

18 Law 103–322.

19 DEFENDER SERVICES

20 For the operation of Federal Public Defender and

21 Community Defender organizations; the compensation and

22 reimbursement of expenses of attorneys appointed to rep23 resent persons under the Criminal Justice Act of 1964,

24 as amended; the compensation and reimbursement of ex25 penses of persons furnishing investigative, expert and

26 other services under the Criminal Justice Act (18 U.S.C.
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1 3006A(e)); the compensation (in accordance with Criminal

2 Justice Act maximums) and reimbursement of expenses

3 of attorneys appointed to assist the court in criminal cases

4 where the defendant has waived representation by counsel;

5 the compensation and reimbursement of travel expenses

6 of guardians ad litem acting on behalf of financially eligi7 ble minor or incompetent offenders in connection with

8 transfers from the United States to foreign countries with

9 which the United States has a treaty for the execution

10 of penal sentences; and the compensation of attorneys ap11 pointed to represent jurors in civil actions for the protec12 tion of their employment, as authorized by 28 U.S.C.

13 1875(d); $297,000,000, to remain available until ex14 pended as authorized by 18 U.S.C. 3006A(i).

15 FEES OF JURORS AND COMMISSIONERS

16 For fees and expenses of jurors as authorized by 28

17 U.S.C. 1871 and 1876; compensation of jury commis18 sioners as authorized by 28 U.S.C. 1863; and compensa19 tion of commissioners appointed in condemnation cases

20 pursuant to rule 71A(h) of the Federal Rules of Civil Pro21 cedure (28 U.S.C. Appendix Rule 71A(h)); $66,000,000,

22 to remain available until expended: Provided, That the

23 compensation of land commissioners shall not exceed the

24 daily equivalent of the highest rate payable under section

25 5332 of title 5, United States Code.
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1 COURT SECURITY

2 For necessary expenses, not otherwise provided for,

3 incident to the procurement, installation, and maintenance

4 of security equipment and protective services for the Unit5 ed States Courts in courtrooms and adjacent areas, in6 cluding building ingress-egress control, inspection of pack7 ages, directed security patrols, and other similar activities

8 as authorized by section 1010 of the Judicial Improvement

9 and Access to Justice Act (Public Law 100–702);

10 $125,000,000, to be expended directly or transferred to

11 the United States Marshals Service which shall be respon12 sible for administering elements of the Judicial Security

13 Program consistent with standards or guidelines agreed

14 to by the Director of the Administrative Office of the Unit15 ed States Courts and the Attorney General.

16 ADMINISTRATIVE OFFICE OF THE UNITED STATES

17 COURTS

18 SALARIES AND EXPENSES

19 For necessary expenses of the Administrative Office

20 of the United States Courts as authorized by law, includ21 ing travel as authorized by 31 U.S.C. 1345, hire of a pas22 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

23 advertising and rent in the District of Columbia and else24 where, $48,500,000, of which not to exceed $7,500 is au25 thorized for official reception and representation expenses.
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1 FEDERAL JUDICIAL CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Judicial Cen4 ter, as authorized by Public Law 90–219, $17,495,000;

5 of which $1,800,000 shall remain available through Sep6 tember 30, 1998, to provide education and training to

7 Federal court personnel; and of which not to exceed

8 $1,000 is authorized for official reception and representa9 tion expenses.

10 JUDICIAL RETIREMENT FUNDS

11 PAYMENT TO JUDICIARY TRUST FUNDS

12 For payment to the Judicial Officers’ Retirement

13 Fund, as authorized by 28 U.S.C. 377(o), $21,000,000,

14 to the Judicial Survivors’ Annuities Fund, as authorized

15 by 28 U.S.C. 376(c), $7,300,000, and to the United

16 States Court of Federal Claims Judges’ Retirement Fund,

17 as authorized by 28 U.S.C. 178(l), $1,900,000.

18 UNITED STATES SENTENCING COMMISSION

19 SALARIES AND EXPENSES

20 For the salaries and expenses necessary to carry out

21 the provisions of chapter 58 of title 28, United States

22 Code, $8,300,000, of which not to exceed $1,000 is au23 thorized for official reception and representation expenses.
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1 GENERAL PROVISIONS—THE JUDICIARY

2 SEC. 301. Appropriations and authorizations made in

3 this title which are available for salaries and expenses shall

4 be available for services as authorized by 5 U.S.C. 3109.

5 SEC. 302. Appropriations made in this title shall be

6 available for salaries and expenses of the Special Court

7 established under the Regional Rail Reorganization Act of

8 1973, Public Law 93–236.

9 SEC. 303. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the Judi11 ciary in this Act may be transferred between such appro12 priations, but no such appropriation, except ‘‘Courts of

13 Appeals, District Courts, and other Judicial Services, De14 fender Services’’ and ‘‘Courts of Appeals, District Courts,

15 and other Judicial Services, Fees of Jurors and Commis16 sioners’’, shall be increased by more than 10 percent by

17 any such transfers: Provided, That any transfer pursuant

18 to this section shall be treated as a reprogramming of

19 funds under section 605 of this Act and shall not be avail20 able for obligation or expenditure except in compliance

21 with the procedures set forth in that section.

22 SEC. 304. Notwithstanding any other provision of

23 law, the salaries and expenses appropriation for district

24 courts, courts of appeals, and other judicial services shall

25 be available for official reception and representation ex-
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1 penses of the Judicial Conference of the United States:

2 Provided, That such available funds shall not exceed

3 $10,000 and shall be administered by the Director of the

4 Administrative Office of the United States Courts in his

5 capacity as Secretary of the Judicial Conference.

6 SEC. 305. Section 612(l) of title 28, United States

7 Code, shall be amended as follows: strike ‘‘1997’’, and in8 sert in lieu thereof ‘‘1998’’.

9 This title may be cited as ‘‘The Judiciary Appropria10 tions Act, 1997’’.

11 TITLE IV—DEPARTMENT OF STATE AND

12 RELATED AGENCIES

13 DEPARTMENT OF STATE

14 ADMINISTRATION OF FOREIGN AFFAIRS

15 DIPLOMATIC AND CONSULAR PROGRAMS

16 For necessary expenses of the Department of State

17 and the Foreign Service not otherwise provided for, includ18 ing expenses authorized by the State Department Basic

19 Authorities Act of 1956, as amended; representation to

20 certain international organizations in which the United

21 States participates pursuant to treaties, ratified pursuant

22 to the advice and consent of the Senate, or specific Acts

23 of Congress; acquisition by exchange or purchase of pas24 senger motor vehicles as authorized by 31 U.S.C. 1343,

25 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses
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1 of general administration; $1,705,000,000: Provided, That

2 notwithstanding section 140(a)(5), and the second sen3 tence of section 140(a)(3), of the Foreign Relations Au4 thorization Act, Fiscal Years 1994 and 1995 (Public Law

5 103–236), not to exceed $150,000,000 of fees may be col6 lected during fiscal year 1997 under the authority of sec7 tion 140(a)(1) of that Act: Provided further, That all fees

8 collected under the preceding proviso shall be deposited

9 in fiscal year 1997 as an offsetting collection to appropria10 tions made under this heading to recover the costs of pro11 viding consular services and shall remain available until

12 expended: Provided further, That in fiscal year 1998, a

13 system shall be in place that allocates to each department

14 and agency the full cost of its presence outside of the Unit15 ed States.

16 Of the funds provided under this heading,

17 $24,856,000 shall be available only for the Diplomatic

18 Telecommunications Service for operation of existing base

19 services and not to exceed $17,230,000 shall be available

20 only for the enhancement of the Diplomatic Telecommuni21 cations Service and shall remain available until expended.

22 Of the latter amount, $2,500,000 shall not be made avail23 able until expiration of the 15 day period beginning on

24 the date when the Secretary of State and the Director of

25 the Diplomatic Telecommunications Service submit the
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1 pilot program report required by section 507 of Public

2 Law 103–317.

3 In addition, not to exceed $700,000 in registration

4 fees collected pursuant to section 38 of the Arms Export

5 Control Act, as amended, may be used in accordance with

6 section 45 of the State Department Basic Authorities Act

7 of 1956 (22 U.S.C. 2717); and in addition not to exceed

8 $1,223,000 shall be derived from fees collected from other

9 executive agencies for lease or use of facilities located at

10 the International Center in accordance with section 4 of

11 the International Center Act (Public Law 90–553), as

12 amended; and in addition, as authorized by section 5 of

13 such Act, $450,000, to be derived from the reserve author14 ized by that section, to be used for the purposes set out

15 in that section; and in addition not to exceed $15,000

16 which shall be derived from reimbursements, surcharges,

17 and fees for use of Blair House facilities in accordance

18 with section 46 of the State of Department Basic Authori19 ties Act of 1956 (22 U.S.C. 2718(a)).

20 Notwithstanding section 402 of this Act, not to ex21 ceed 20 percent of the amounts made available in this Act

22 in the appropriation accounts ‘‘Diplomatic and Consular

23 Programs’’ and ‘‘Salaries and Expenses’’ under the head24 ing ‘‘Administration of Foreign Affairs’’ may be trans25 ferred between such appropriation accounts: Provided,
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1 That any transfer pursuant to this sentence shall be treat2 ed as a reprogramming of funds under section 605 of this

3 Act and shall not be available for obligation or expenditure

4 except in compliance with the procedures set forth in that

5 section.

6 SALARIES AND EXPENSES

7 For expenses necessary for the general administra8 tion of the Department of State and the Foreign Service,

9 provided for by law, including expenses authorized by sec10 tion 9 of the Act of August 31, 1964, as amended (31

11 U.S.C. 3721), and the State Department Basic Authori12 ties Act of 1956, as amended, $352,300,000.

13 CAPITAL INVESTMENT FUND

14 For necessary expenses of the Capital Investment

15 Fund, $16,400,000, to remain available until expended,

16 as authorized in Public Law 103–236: Provided, That sec17 tion 135(e) of Public Law 103–236 shall not apply to

18 funds appropriated under this heading.

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector

21 General in carrying out the provisions of the Inspector

22 General Act of 1978, as amended (5 U.S.C. App.),

23 $27,495,000, notwithstanding section 209(a)(1) of the

24 Foreign Service Act of 1980, as amended (Public Law 96–

25 465), as it relates to post inspections: Provided, That not26 withstanding any other provision of law, (1) the Office of
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1 Inspector General of the United States Information Agen2 cy is hereby merged with the Office of Inspector General

3 of the Department of State; (2) the functions exercised

4 and assigned to the Office of Inspector General of the

5 United States Information Agency before the effective

6 date of this Act (including all related functions) are trans7 ferred to the Office of Inspector General of the Depart8 ment of State; and (3) the Inspector General of the De9 partment of State shall also serve as the Inspector General

10 of the United States Information Agency.

11 REPRESENTATION ALLOWANCES

12 For representation allowances as authorized by sec13 tion 905 of the Foreign Service Act of 1980, as amended

14 (22 U.S.C. 4085), $4,490,000.

15 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

16 For expenses, not otherwise provided, to enable the

17 Secretary of State to provide for extraordinary protective

18 services in accordance with the provisions of section 214

19 of the State Department Basic Authorities Act of 1956

20 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000, to re21 main available until September 30, 1998.

22 SECURITY AND MAINTENANCE OF UNITED STATES

23 MISSIONS

24 For necessary expenses for carrying out the Foreign

25 Service Buildings Act of 1926, as amended (22 U.S.C.

26 292–300), and the Diplomatic Security Construction Pro-
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1 gram as authorized by title IV of the Omnibus Diplomatic

2 Security and Antiterrorism Act of 1986 (22 U.S.C. 4851),

3 $370,000,000, to remain available until expended as au4 thorized by section 24(c) of the State Department Basic

5 Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided,

6 That none of the funds appropriated in this paragraph

7 shall be available for acquisition of furniture and furnish8 ings and generators for other departments and agencies.

9 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

10 SERVICE

11 For expenses necessary to enable the Secretary of

12 State to meet unforeseen emergencies arising in the Diplo13 matic and Consular Service pursuant to the requirement

14 of 31 U.S.C. 3526(e), $5,800,000, to remain available

15 until expended as authorized by section 24(c) of the State

16 Department Basic Authorities Act of 1956 (22 U.S.C.

17 2696(c)), of which not to exceed $1,000,000 may be trans18 ferred to and merged with the Repatriation Loans Pro19 gram Account, subject to the same terms and conditions.

20 REPATRIATION LOANS PROGRAM ACCOUNT

21 For the cost of direct loans, $593,000, as authorized

22 by section 4 of the State Department Basic Authorities

23 Act of 1956 (22 U.S.C. 2671): Provided, That such costs,

24 including the cost of modifying such loans, shall be as de25 fined in section 502 of the Congressional Budget Act of

26 1974. In addition, for administrative expenses necessary
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1 to carry out the direct loan program, $663,000 which may

2 be transferred to and merged with the Salaries and Ex3 penses account under Administration of Foreign Affairs.

4 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

5 For necessary expenses to carry out the Taiwan Rela6 tions Act, Public Law 96–8 (93 Stat. 14), $15,001,000.

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: Pro18 vided, That any payment of arrearages shall be directed

19 toward special activities that are mutually agreed upon by

20 the United States and the respective international organi21 zation: Provided further, That 20 percent of the funds ap22 propriated in this paragraph for the assessed contribution

23 of the United States to the United Nations shall be with24 held from obligation and expenditure until a certification

25 is made under section 401(b) of Public Law 103–236 for

26 fiscal year 1997: Provided further, That certification under
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1 section 401(b) of Public Law 103–236 for fiscal year 1997

2 may only be made if the Committees on Appropriations

3 and Foreign Relations of the Senate and the Committees

4 on Appropriations and International Relations of the

5 House of Representatives are notified of the steps taken,

6 and anticipated, to meet the requirements of section

7 401(b) of Public Law 103–236 at least 15 days in advance

8 of the proposed certification: Provided further, That none

9 of the funds appropriated in this paragraph shall be avail10 able for a United States contribution to an international

11 organization for the United States share of interest costs

12 made known to the United States Government by such

13 organization for loans incurred on or after October 1,

14 1984, through external borrowings: Provided further, That

15 of the funds appropriated in this paragraph, $80,000,000

16 may be made available only on a quarterly basis and only

17 after the Secretary of State certifies on a quarterly basis

18 that the United Nations has taken no action to increase

19 funding for any United Nations program without identify20 ing an offsetting decrease elsewhere in the United Nations

21 budget and cause the United Nations to exceed its no

22 growth budget for the biennium 1996–1997 adopted in

23 December, 1995: Provided further, That notwithstanding

24 section 402 of this Act, not to exceed $10,000,000 may

25 be transferred from the funds made available under this
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1 heading to the ‘‘International Conferences and Contin2 gencies’’ account for assessed contributions to new or pro3 visional international organizations: Provided further,

4 That any transfer pursuant to this paragraph shall be

5 treated as a reprogramming of funds under section 605

6 of this Act and shall not be available for obligation or ex7 penditure except in compliance with the procedures set

8 forth in that section.

9 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

10 ACTIVITIES

11 For necessary expenses to pay assessed and other ex12 penses of international peacekeeping activities directed to

13 the maintenance or restoration of international peace and

14 security, $332,400,000, of which $50,000,000 is for pay15 ment of arrearages accumulated in 1995, and which shall

16 be available only upon certification by the Secretary of

17 State that at least two of the following have been achieved:

18 (1) savings of at least $100,000,000 will be achieved in

19 the biennial expenses of the following United Nations divi20 sions and activities—the United Nations Conference on

21 Trade and Development, the Regional Economic Commis22 sions, the Department of Public Information, and the De23 partment of Conference Services, travel and overtime; (2)

24 the number of professional and general service staff em25 ployed by the United Nations Secretariat at the conclusion

26 of the 1996–1997 biennium will be at least ten percent
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1 below the number of such positions on January 1, 1996;

2 and (3) the United Nations has adopted a budget outline

3 for the 1998–1999 biennium that is below

4 $2,608,000,000; as part of a five-year program to achieve

5 major cost-saving reforms in the United Nations and spe6 cialized agencies: Provided, That none of the funds made

7 available under this Act shall be obligated or expended for

8 any new or expanded United Nations peacekeeping mis9 sion unless, at least fifteen days in advance of voting for

10 the new or expanded mission in the United Nations Secu11 rity Council (or in an emergency, as far in advance as

12 is practicable), (1) the Committees on Appropriations of

13 the House of Representatives and the Senate and other

14 appropriate Committees of the Congress are notified of the

15 estimated cost and length of the mission, the vital national

16 interest that will be served, and the planned exit strategy;

17 and (2) a reprogramming of funds pursuant to section 605

18 of this Act is submitted, and the procedures therein fol19 lowed, setting forth the source of funds that will be used

20 to pay for the cost of the new or expanded mission: Pro21 vided further, That funds shall be available for peacekeep22 ing expenses only upon a certification by the Secretary of

23 State to the appropriate committees of the Congress that

24 American manufacturers and suppliers are being given op25 portunities to provide equipment, services, and material
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1 for United Nations peacekeeping activities equal to those

2 being given to foreign manufacturers and suppliers.

3 INTERNATIONAL COMMISSIONS

4 For necessary expenses, not otherwise provided for,

5 to meet obligations of the United States arising under

6 treaties, or specific Acts of Congress, as follows:

7 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

8 UNITED STATES AND MEXICO

9 For necessary expenses for the United States Section

10 of the International Boundary and Water Commission,

11 United States and Mexico, and to comply with laws appli12 cable to the United States Section, including not to exceed

13 $6,000 for representation; as follows:

14 SALARIES AND EXPENSES

15 For salaries and expenses, not otherwise provided for,

16 $18,490,000.

17 CONSTRUCTION

18 For detailed plan preparation and construction of au19 thorized projects, $6,463,000, to remain available until ex20 pended, as authorized by section 24(c) of the State De21 partment Basic Authorities Act of 1956 (22 U.S.C.

22 2696(c)).

23 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

24 For necessary expenses, not otherwise provided for

25 the International Joint Commission and the International

26 Boundary Commission, United States and Canada, as au-
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1 thorized by treaties between the United States and Can2 ada or Great Britain, and for the Border Environment

3 Cooperation Commission as authorized by Public Law

4 103–182; $5,490,000, of which not to exceed $9,000 shall

5 be available for representation expenses incurred by the

6 International Joint Commission.

7 INTERNATIONAL FISHERIES COMMISSIONS

8 For necessary expenses for international fisheries

9 commissions, not otherwise provided for, as authorized by

10 law, $10,450,000: Provided, That the United States’ share

11 of such expenses may be advanced to the respective com12 missions, pursuant to 31 U.S.C. 3324.

13 OTHER

14 PAYMENT TO THE ASIA FOUNDATION

15 For a grant to the Asia Foundation, as authorized

16 by section 501 of Public Law 101–246, $8,000,000, to

17 remain available until expended, as authorized by section

18 24(c) of the State Department Basic Authorities Act of

19 1956 (22 U.S.C. 2696(c)).

20 RELATED AGENCIES

21 ARMS CONTROL AND DISARMAMENT AGENCY

22 ARMS CONTROL AND DISARMAMENT ACTIVITIES

23 For necessary expenses not otherwise provided, for

24 arms control, nonproliferation, and disarmament activi25 ties, $38,495,000, of which not to exceed $50,000 shall

26 be for official reception and representation expenses as au-
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1 thorized by the Act of September 26, 1961, as amended

2 (22 U.S.C. 2551 et seq.).

3 UNITED STATES INFORMATION AGENCY

4 SALARIES AND EXPENSES

5 For expenses, not otherwise provided for, necessary

6 to enable the United States Information Agency, as au7 thorized by the Mutual Educational and Cultural Ex8 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

9 the United States Information and Educational Exchange

10 Act of 1948, as amended (22 U.S.C. 1431 et seq.), and

11 Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to

12 carry out international communication, educational and

13 cultural activities; and to carry out related activities au14 thorized by law, including employment, without regard to

15 civil service and classification laws, of persons on a tem16 porary basis (not to exceed $700,000 of this appropria17 tion), as authorized by section 801 of such Act of 1948

18 (22 U.S.C. 1471), and entertainment, including official re19 ceptions, within the United States, not to exceed $25,000

20 as authorized by section 804(3) of such Act of 1948 (22

21 U.S.C. 1474(3)); $439,300,000: Provided, That not to ex22 ceed $1,400,000 may be used for representation abroad

23 as authorized by section 302 of such Act of 1948 (22

24 U.S.C. 1452) and section 905 of the Foreign Service Act

25 of 1980 (22 U.S.C. 4085): Provided further, That not to
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1 exceed $7,615,000, to remain available until expended,

2 may be credited to this appropriation from fees or other

3 payments received from or in connection with English

4 teaching, library, motion pictures, student advising and

5 counseling, and publication programs as authorized by

6 section 810 of such Act of 1948 (22 U.S.C. 1475e): Pro7 vided further, That not to exceed $1,100,000 to remain

8 available until expended may be used to carry out projects

9 involving security construction and related improvements

10 for agency facilities not physically located together with

11 Department of State facilities abroad.

12 TECHNOLOGY FUND

13 For expenses necessary to enable the United States

14 Information Agency to provide for the procurement of in15 formation technology improvements, as authorized by the

16 United States Information and Educational Exchange Act

17 of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual

18 Educational and Cultural Exchange Act of 1961, as

19 amended (22 U.S.C. 2451 et seq.), and Reorganization

20 Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re21 main available until expended.

22 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

23 For expenses of educational and cultural exchange

24 programs, as authorized by the Mutual Educational and

25 Cultural Exchange Act of 1961, as amended (22 U.S.C.

26 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91
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1 Stat. 1636), $185,000,000, to remain available until ex2 pended as authorized by section 105 of such Act of 1961

3 (22 U.S.C. 2455).

4 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

5 FUND

6 For necessary expenses of Eisenhower Exchange Fel7 lowships, Incorporated, as authorized by sections 4 and

8 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

9 U.S.C. 5204–5205), all interest and earnings accruing to

10 the Eisenhower Exchange Fellowship Program Trust

11 Fund on or before September 30, 1997, to remain avail12 able until expended: Provided, That none of the funds ap13 propriated herein shall be used to pay any salary or other

14 compensation, or to enter into any contract providing for

15 the payment thereof, in excess of the rate authorized by

16 5 U.S.C. 5376; or for purposes which are not in accord17 ance with OMB Circulars A–110 (Uniform Administrative

18 Requirements) and A–122 (Cost Principles for Non-profit

19 Organizations), including the restrictions on compensation

20 for personal services.

21 ISRAELI ARAB SCHOLARSHIP PROGRAM

22 For necessary expenses of the Israeli Arab Scholar23 ship Program as authorized by section 214 of the Foreign

24 Relations Authorization Act, Fiscal Years 1992 and 1993

25 (22 U.S.C. 2452), all interest and earnings accruing to
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1 the Israeli Arab Scholarship Fund on or before September

2 30, 1997, to remain available until expended.

3 INTERNATIONAL BROADCASTING OPERATIONS

4 For expenses necessary to enable the United States

5 Information Agency, as authorized by the United States

6 Information and Educational Exchange Act of 1948, as

7 amended, the United States International Broadcasting

8 Act of 1994, as amended, the Radio Broadcasting to Cuba

9 Act, as amended, and Reorganization Plan No. 2 of 1977,

10 to carry out international communication activities, in11 cluding the purchase, installation, rent, construction, or

12 improvement of facilities and equipment for radio trans13 mission and reception to Cuba; $335,700,000, of which

14 not to exceed $16,000 may be used for official receptions

15 within the United States as authorized by section 804(3)

16 of such Act of 1948 (22 U.S.C. 1474(3)), not to exceed

17 $35,000 may be used for representation abroad as author18 ized by section 302 of such Act of 1948 (22 U.S.C. 1452)

19 and section 905 of the Foreign Service Act of 1980 (22

20 U.S.C. 4085), and not to exceed $39,000 may be used for

21 official reception and representation expenses of Radio

22 Free Europe/Radio Liberty; and in addition, not to exceed

23 $250,000 from fees as authorized by section 810 of such

24 Act of 1948 (22 U.S.C. 1475e), to remain available until

25 expended for carrying out authorized purposes; and in ad26 dition, notwithstanding any other provision of law, not to
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1 exceed $1,000,000 in monies received (including receipts

2 from advertising, if any) by or for the use of the United

3 States Information Agency from or in connection with

4 broadcasting resources owned by or on behalf of the Agen5 cy, to be available until expended for carrying out author6 ized purposes.

7 RADIO CONSTRUCTION

8 For the purchase, rent, construction, and improve9 ment of facilities for radio transmission and reception, and

10 purchase and installation of necessary equipment for radio

11 and television transmission and reception as authorized by

12 section 801 of the United States Information and Edu13 cational Exchange Act of 1948 (22 U.S.C. 1471),

14 $39,000,000, to remain available until expended, as au15 thorized by section 704(a) of such Act of 1948 (22 U.S.C.

16 1477b(a)).

17 NATIONAL ENDOWMENT FOR DEMOCRACY

18 For grants made by the United States Information

19 Agency to the National Endowment for Democracy as au20 thorized by the National Endowment for Democracy Act,

21 $30,000,000, to remain available until expended.

22 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

23 RELATED AGENCIES

24 SEC. 401. Funds appropriated under this title shall

25 be available, except as otherwise provided, for allowances

26 and differentials as authorized by subchapter 59 of 5
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1 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

2 hire of passenger transportation pursuant to 31 U.S.C.

3 1343(b).

4 SEC. 402. Not to exceed 5 percent of any appropria5 tion made available for the current fiscal year for the De6 partment of State in this Act may be transferred between

7 such appropriations, but no such appropriation, except as

8 otherwise specifically provided, shall be increased by more

9 than 10 percent by any such transfers: Provided, That not

10 to exceed 5 percent of any appropriation made available

11 for the current fiscal year for the United States Informa12 tion Agency in this Act may be transferred between such

13 appropriations, but no such appropriation, except as oth14 erwise specifically provided, shall be increased by more

15 than 10 percent by any such transfers: Provided further,

16 That any transfer pursuant to this section shall be treated

17 as a reprogramming of funds under section 605 of this

18 Act and shall not be available for obligation or expenditure

19 except in compliance with the procedures set forth in that

20 section.

21 SEC. 403. Funds hereafter appropriated or otherwise

22 made available under this Act or any other Act may be

23 expended for compensation of the United States Commis24 sioner of the International Boundary Commission, United
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1 States and Canada, only for actual hours worked by such

2 Commissioner.

3 SEC. 404. Funds appropriated by this Act for the

4 United States Information Agency, the Arms Control and

5 Disarmament Agency, and the Department of State may

6 be obligated and expended notwithstanding section 701 of

7 the United States Information and Educational Exchange

8 Act of 1948 and section 313 of the Foreign Relations Au9 thorization Act, Fiscal Years 1994 and 1995, section 53

10 of the Arms Control and Disarmament Act, and section

11 15 of the State Department Basic Authorities Act of

12 1956.

13 SEC. 405. 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. 406. None of the Funds made available by this

2 Act or any other Act may be made available to support

3 the negotiating activities of the Standing Consultative

4 Commission (SCC) or to implement agreements, amend5 ments, or understandings to the Anti-Ballistic Missile

6 Treaty of 1972 (hereafter referred to as the ‘‘ABM Trea7 ty’’) reached after January 1, 1996 by the Standing Con8 sultative Commission or pursuant to United States-Rus9 sian bilateral discussions regarding the establishment of

10 a demarcation between theater missile defense systems

11 and anti-ballistic missile systems for the purposes of the

12 ABM Treaty or multilateralization of the ABM Treaty un13 less the President certifies to the Congress that any

14 amendments, agreements, or understandings reached pur15 suant to these activities or discussions will be submitted

16 to the Senate for its advice and consent.

17 This title may be cited as the ‘‘Department of State

18 and Related Agencies Appropriations Act, 1997’’.

19 TITLE V—RELATED AGENCIES

20 DEPARTMENT OF TRANSPORTATION

21 MARITIME ADMINISTRATION

22 OPERATING-DIFFERENTIAL SUBSIDIES

23 (LIQUIDATION OF CONTRACT AUTHORITY)

24 For the payment of obligations incurred for operat25 ing-differential subsidies, as authorized by the Merchant
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1 Marine Act, 1936, as amended, $148,430,000, to remain

2 available until expended.

3 MARITIME SECURITY PROGRAM

4 For necessary expenses to maintain and preserve a

5 U.S.-flag merchant fleet to serve the national security

6 needs of the United States, $63,000,000, to remain avail7 able until expended: Provided, That these funds will be

8 available only upon enactment of an authorization for this

9 program.

10 OPERATIONS AND TRAINING

11 For necessary expenses of operations and training ac12 tivities authorized by law, $62,300,000: Provided, That re13 imbursements may be made to this appropriation from re14 ceipts to the ‘‘Federal Ship Financing Fund’’ for adminis15 trative expenses in support of that program in addition

16 to any amount heretofore appropriated.

17 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

18 ACCOUNT

19 For the cost of guaranteed loans, as authorized by

20 the Merchant Marine Act, 1936, $37,450,000, to remain

21 available until expended: Provided, That such costs, in22 cluding the cost of modifying such loans, shall be as de23 fined in section 502 of the Congressional Budget Act of

24 1974, as amended: Provided further, That these funds are

25 available to subsidize total loan principal, any part of

26 which is to be guaranteed, not to exceed $1,000,000,000.
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1 In addition, for administrative expenses to carry out

2 the guaranteed loan program, not to exceed $3,450,000,

3 which shall be transferred to and merged with the appro4 priation for Operations and Training.

5 ADMINISTRATIVE PROVISIONS—MARITIME

6 ADMINISTRATION

7 Notwithstanding any other provision of this Act, the

8 Maritime Administration is authorized to furnish utilities

9 and services and make necessary repairs in connection

10 with any lease, contract, or occupancy involving Govern11 ment property under control of the Maritime Administra12 tion, and payments received therefor shall be credited to

13 the appropriation charged with the cost thereof: Provided,

14 That rental payments under any such lease, contract, or

15 occupancy for items other than such utilities, services, or

16 repairs shall be covered into the Treasury as miscellaneous

17 receipts.

18 No obligations shall be incurred during the current

19 fiscal year from the construction fund established by the

20 Merchant Marine Act, 1936, or otherwise, in excess of the

21 appropriations and limitations contained in this Act or in

22 any prior appropriation Act, and all receipts which other23 wise would be deposited to the credit of said fund shall

24 be covered into the Treasury as miscellaneous receipts.
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1 COMMISSION FOR THE PRESERVATION OF AMERICA’S

2 HERITAGE ABROAD

3 SALARIES AND EXPENSES

4 For expenses for the Commission for the Preservation

5 of America’s Heritage Abroad, $206,000, as authorized by

6 Public Law 99–83, section 1303.

7 COMMISSION ON CIVIL RIGHTS

8 SALARIES AND EXPENSES

9 For necessary expenses of the Commission on Civil

10 Rights, including hire of passenger motor vehicles,

11 $8,740,000: Provided, That not to exceed $50,000 may

12 be used to employ consultants: Provided further, That

13 none of the funds appropriated in this paragraph shall be

14 used to employ in excess of four full-time individuals under

15 Schedule C of the Excepted Service exclusive of one special

16 assistant for each Commissioner: Provided further, That

17 none of the funds appropriated in this paragraph shall be

18 used to reimburse Commissioners for more than 75

19 billable days, with the exception of the Chairperson who

20 is permitted 125 billable days.

21 COMMISSION ON IMMIGRATION REFORM

22 SALARIES AND EXPENSES

23 For necessary expenses of the Commission on Immi24 gration Reform pursuant to section 141(f) of the Immi-
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1 gration Act of 1990, $2,196,000, to remain available until

2 expended.

3 COMMISSION ON SECURITY AND COOPERATION IN

4 EUROPE

5 SALARIES AND EXPENSES

6 For necessary expenses of the Commission on Secu7 rity and Cooperation in Europe, as authorized by Public

8 Law 94–304, $1,090,000, to remain available until ex9 pended as authorized by section 3 of Public Law 99–7.

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Equal Employment

13 Opportunity Commission as authorized by title VII of the

14 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

15 and 621–634), the Americans with Disabilities Act of

16 1990, and the Civil Rights Act of 1991, including services

17 as authorized by 5 U.S.C. 3109; hire of passenger motor

18 vehicles as authorized by 31 U.S.C. 1343(b); non-mone19 tary awards to private citizens; not to exceed $26,500,000,

20 for payments to State and local enforcement agencies for

21 services to the Commission pursuant to title VII of the

22 Civil Rights Act of 1964, as amended, sections 6 and 14

23 of the Age Discrimination in Employment Act, the Ameri24 cans with Disabilities Act of 1990, and the Civil Rights

25 Act of 1991; $232,740,000: Provided, That the Commis-
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1 sion is authorized to make available for official reception

2 and representation expenses not to exceed $2,500 from

3 available funds.

4 FEDERAL COMMUNICATIONS COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Communica7 tions Commission, as authorized by law, including uni8 forms and allowances therefor, as authorized by 5 U.S.C.

9 5901–02; not to exceed $600,000 for land and structure;

10 not to exceed $500,000 for improvement and care of

11 grounds and repair to buildings; not to exceed $4,000 for

12 official reception and representation expenses; purchase

13 (not to exceed sixteen) and hire of motor vehicles; special

14 counsel fees; and services as authorized by 5 U.S.C. 3109;

15 $185,619,000, of which not to exceed $300,000 shall re16 main available until September 30, 1998, for research and

17 policy studies: Provided, That $126,400,000 of offsetting

18 collections shall be assessed and collected pursuant to sec19 tion 9 of title I of the Communications Act of 1934, as

20 amended, and shall be retained and used for necessary ex21 penses in this appropriation, and shall remain available

22 until expended: Provided further, That the sum herein ap23 propriated shall be reduced as such offsetting collections

24 are received during fiscal year 1997 so as to result in a

25 final fiscal year 1997 appropriation estimated at
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1 $59,219,000: Provided further, That any offsetting collec2 tions received in excess of $126,400,000 in fiscal year

3 1997 shall remain available until expended, but shall not

4 be available for obligation until October 1, 1997: Provided

5 further, That none of the funds appropriated by this Act

6 shall be used to deny or delay action on a license, license

7 transfer or assignment, or license renewal for any religious

8 or religiously affiliated entity on the basis that its recruit9 ment or hiring of full or part time employees for any posi10 tion at a broadcast facility licensed to such entity is or

11 was limited to persons of a particular religion or having

12 particular religious knowledge, training, or interests: Pro13 vided further, That the preceding proviso shall not apply

14 with respect to any appeal from a decision of any adminis15 trative law judge rendered on September 15, 1995.

16 FEDERAL MARITIME COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Maritime

19 Commission as authorized by section 201(d) of the Mer20 chant Marine Act of 1936, as amended (46 App. U.S.C.

21 1111), including services as authorized by 5 U.S.C. 3109;

22 hire of passenger motor vehicles as authorized by 31

23 U.S.C. 1343(b); and uniforms or allowances therefor, as

24 authorized by 5 U.S.C. 5901–02; $11,000,000: Provided,
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1 That not to exceed $2,000 shall be available for official

2 reception and representation expenses.

3 FEDERAL TRADE COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Trade Com6 mission, including uniforms or allowances therefor, as au7 thorized by 5 U.S.C. 5901–5902; services as authorized

8 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

9 not to exceed $2,000 for official reception and representa10 tion expenses; $85,930,000: Provided, That not to exceed

11 $300,000 shall be available for use to contract with a per12 son or persons for collection services in accordance with

13 the terms of 31 U.S.C. 3718, as amended: Provided fur14 ther, That notwithstanding any other provision of law, not

15 to exceed $58,905,000 of offsetting collections derived

16 from fees collected for premerger notification filings under

17 the Hart-Scott-Rodino Antitrust Improvements Act of

18 1976 (15 U.S.C. 18(a)) shall be retained and used for nec19 essary expenses in this appropriation, and shall remain

20 available until expended: Provided further, That the sum

21 herein appropriated from the General Fund shall be re22 duced as such offsetting collections are received during fis23 cal year 1997, so as to result in a final fiscal year 1997

24 appropriation from the General Fund estimated at not

25 more than $27,025,000, to remain available until ex-
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1 pended: Provided further, That any fees received in excess

2 of $58,905,000 in fiscal year 1997 shall remain available

3 until expended, but shall not be available for obligation

4 until October 1, 1997: Provided further, That none of the

5 funds made available to the Federal Trade Commission

6 shall be available for obligation for expenses authorized

7 by section 151 of the Federal Deposit Insurance Corpora8 tion Improvement Act of 1991 (Public Law 102–242, 105

9 Stat. 2282–2285).

10 LEGAL SERVICES CORPORATION

11 PAYMENT TO THE LEGAL SERVICES CORPORATION

12 For payment to the Legal Services Corporation to

13 carry out the purposes of the Legal Services Corporation

14 Act of 1974, as amended, $141,000,000, of which

15 $134,575,000 is for basic field programs and required

16 independent audits; $1,125,000 is for the Office of the In17 spector General, of which such amounts as may be nec18 essary may be used to conduct additional audits of recipi19 ents; and $5,300,000 is for management and administra20 tion.

21 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

22 CORPORATION

23 SEC. 501. (a) CONTINUATION OF COMPETITIVE SE24 LECTION PROCESS.—None of the funds appropriated in

25 this Act to the Legal Services Corporation may be used

26 to provide financial assistance to any person or entity ex-
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1 cept through a competitive selection process conducted in

2 accordance with regulations promulgated by the Corpora3 tion in accordance with the criteria set forth in subsections

4 (c), (d), and (e) of section 503 of Public Law 104–134

5 (110 Stat. 1321–130 et seq.).

6 (b) INAPPLICABILITY OF NONCOMPETITIVE PROCE7 DURES.—For purposes of the funding provided in this

8 Act, rights under sections 1007(a)(9) and 1011 of the

9 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

10 and 42 U.S.C. 2996j) shall not apply.

11 SEC. 502. (a) CONTINUATION OF REQUIREMENTS

12 AND RESTRICTIONS.—None of the funds appropriated in

13 this Act to the Legal Services Corporation shall be ex14 pended for any purpose prohibited or limited by, or con15 trary to any of the provisions of—

16 (1) sections 501, 502, 505, 506, and 507 of

17 Public Law 104–134 (101 Stat. 1321–127 et seq.),

18 and all funds appropriated in this Act to the Legal

19 Services Corporation shall be subject to the same

20 terms and conditions as set forth in such sections,

21 except that all references in such sections to 1995

22 and 1996 shall be deemed to refer instead to 1996

23 and 1997, respectively; and

24 (2) section 504 of Public Law 104–134 (101

25 Stat. 1321–132 et seq.), and all funds appropriated
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1 in this Act to the Legal Services Corporation shall

2 be subject to the same terms and conditions set

3 forth in such section, except that—

4 (A) subsection (c) of such section 504 shall

5 not apply;

6 (B) paragraph (3) of section 508(b) of

7 Public Law 104–134 (101 Stat. 1321–147)

8 shall apply with respect to the requirements of

9 subsection (a)(13) of such section 504, except

10 that all references in such section 508(b) to the

11 date of enactment shall be deemed to refer to

12 April 26, 1996; and

13 (C) subsection (a)(11) of such section 504

14 shall not be construed to prohibit a recipient

15 from using funds derived from a source other

16 than the Corporation to provide related legal

17 assistance to—

18 (i) an alien who has been battered or

19 subjected to extreme cruelty in the United

20 States by a spouse or a parent, or by a

21 member of the spouse’s or parent’s family

22 residing in the same household as the alien

23 and the spouse or parent consented or ac24 quiesced to such battery or cruelty; or
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1 (ii) an alien whose child has been bat2 tered or subjected to extreme cruelty in the

3 United States by a spouse or parent of the

4 alien (without the active participation of

5 the alien in the battery or extreme cru6 elty), or by a member of the spouse’s or

7 parent’s family residing in the same house8 hold as the alien and the spouse or parent

9 consented or acquiesced to such battery or

10 cruelty, and the alien did not actively par11 ticipate in such battery or cruelty.

12 (b) DEFINITIONS.—For purposes of subsection

13 (a)(2)(C):

14 (1) The term ‘‘battered or subjected to extreme

15 cruelty’’ has the meaning given such term under reg16 ulations issued pursuant to subtitle G of the Vio17 lence Against Women Act of 1994 (Pub. L. 103–

18 322; 108 Stat. 1953).

19 (2) The term ‘‘related legal assistance’’ means

20 legal assistance directly related to the prevention of,

21 or obtaining of relief from, the battery or cruelty de22 scribed in such subsection.

23 SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE24 MENTS.—The requirements of section 509 of Public Law

25 104–134 (101 Stat. 1321–146 et seq.), other than sub-
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1 section (l) of such section, shall apply during fiscal year

2 1997.

3 (b) REQUIREMENT OF ANNUAL AUDIT.—An annual

4 audit of each person or entity receiving financial assist5 ance from the Legal Services Corporation under this Act

6 shall be conducted during fiscal year 1997 in accordance

7 with the requirements referred to in subsection (a).

8 MARINE MAMMAL COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Marine Mammal Com11 mission as authorized by title II of Public Law 92–522,

12 as amended, $975,000.

13 NATIONAL BANKRUPTCY REVIEW COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses of the National Bankruptcy

16 Review Commission, as authorized by the Bankruptcy Re17 form Act of 1994, $500,000.

18 SECURITIES AND EXCHANGE COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses for the Securities and Ex21 change Commission, including services as authorized by

22 5 U.S.C. 3109, the rental of space (to include multiple

23 year leases) in the District of Columbia and elsewhere, and

24 not to exceed $3,000 for official reception and representa25 tion expenses, $277,021,000, of which not to exceed
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1 $10,000 may be used toward funding a permanent sec2 retariat for the International Organization of Securities

3 Commissions, and of which not to exceed $100,000 shall

4 be available for expenses for consultations and meetings

5 hosted by the Commission with foreign governmental and

6 other regulatory officials, members of their delegations,

7 appropriate representatives and staff to exchange views

8 concerning developments relating to securities matters, de9 velopment and implementation of cooperation agreements

10 concerning securities matters and provision of technical

11 assistance for the development of foreign securities mar12 kets, such expenses to include necessary logistic and ad13 ministrative expenses and the expenses of Commission

14 staff and foreign invitees in attendance at such consulta15 tions and meetings including (1) such incidental expenses

16 as meals taken in the course of such attendance, (2) any

17 travel and transportation to or from such meetings, and

18 (3) any other related lodging or subsistence: Provided,

19 That immediately upon enactment of this Act, the rate

20 of fees under section 6(b) of the Securities Act of 1933

21 (15 U.S.C. 77f(b)) shall increase from one-fiftieth of one

22 percentum to one-thirty-third of one percentum, and such

23 increase shall be deposited as an offsetting collection to

24 this appropriation, to remain available until expended, to

25 recover costs of services of the securities registration proc-
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1 ess: Provided further, That immediately upon enactment

2 of this Act or September 1, 1996, whichever occurs later,

3 every national securities association shall pay to the Com4 mission a fee at a rate of one-eight-hundredth of one

5 percentum for each $1,000,000 of the aggregate dollar

6 amount of sales transacted by or through any member of

7 such association otherwise than on a national securities

8 exchange (other than bonds, debentures, and other evi9 dences of indebtedness) subject to prompt last sale report10 ing pursuant to the rules of the Commission or a reg11 istered national securities association, excluding any sales

12 for which a fee is paid under section 31 of the Securities

13 Exchange Act of 1934 (15 U.S.C. 78ee), and such in14 crease shall be deposited as an offsetting collection to this

15 appropriation, to remain available until expended, to re16 cover the costs to the Government of the supervision and

17 regulation of securities markets and securities profes18 sionals: Provided further, That the fee due from every na19 tional securities association shall be paid (1) on or before

20 March 15, 1997, with respect to transactions occurring

21 during the period beginning immediately upon enactment

22 of this Act or September 1, 1996, whichever occurs later,

23 and ending at the close of December 31, 1996; and (2)

24 on or before September 30, 1997, with respect to trans25 actions and sales occurring during the period beginning
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1 on January 1, 1997, and ending at the close of August

2 31, 1997: Provided further, That the total amount appro3 priated for fiscal year 1997 under this heading shall be

4 reduced as all such offsetting fees are deposited to this

5 appropriation so as to result in a final total fiscal year

6 1997 appropriation from the General Fund estimated at

7 not more than $83,047,000: Provided further, That any

8 such fees collected in excess of $193,974,000 shall remain

9 available until expended but shall not be available for obli10 gation until October 1, 1997.

11 SMALL BUSINESS ADMINISTRATION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for,

14 of the Small Business Administration as authorized by

15 Public Law 103–403, including hire of passenger motor

16 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

17 not to exceed $3,500 for official reception and representa18 tion expenses, $214,419,000, of which $94,218,000 shall

19 be available for the non-credit programs of the Small

20 Business Administration, including $3,000,000 which

21 shall only be available for obligation and expenditure for

22 projects jointly developed, implemented and administered

23 with the Minority Business Development Agency of the

24 Department of Commerce: Provided, That the Adminis25 trator is authorized to charge fees to cover the cost of pub-
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1 lications developed by the Small Business Administration,

2 and certain loan servicing activities: Provided further,

3 That notwithstanding 31 U.S.C. 3302, revenues received

4 from all such activities shall be credited to this account,

5 to be available for carrying out these purposes without fur6 ther appropriations.

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

9 General in carrying out the provisions of the Inspector

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

11 as amended by Public Law 100–504), $8,900,000.

12 BUSINESS LOANS PROGRAM ACCOUNT

13 For the cost of direct loans, $2,792,000, and for the

14 cost of guaranteed loans, $161,876,000, as authorized by

15 15 U.S.C. 631 note, of which $1,216,000, to be available

16 until expended, shall be for the Microloan Guarantee Pro17 gram, and of which $40,510,000 shall remain available

18 until September 30, 1998: Provided, That such costs, in19 cluding the cost of modifying such loans, shall be as de20 fined in section 502 of the Congressional Budget Act of

21 1974: Provided further, That during fiscal year 1997, com22 mitments to guarantee loans under section 503 of the

23 Small Business Investment Act of 1958, as amended, shall

24 not exceed the amount of financings authorized under sec25 tion 20(n)(2)(B) of the Small Business 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 which may be transferred to and merged with the appro4 priations 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, to

8 remain available until expended: Provided, That such

9 costs, including the cost of modifying such loans, shall be

10 as defined in section 502 of the Congressional Budget Act

11 of 1974.

12 In addition, for administrative expenses to carry out

13 the direct loan program, $100,578,000, including not to

14 exceed $500,000 for the Office of Inspector General of the

15 Small Business Administration for audits and reviews of

16 disaster loans and the disaster loan program, and said

17 sums may be transferred to and merged with appropria18 tions for Salaries and Expenses and Office of Inspector

19 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 TITLE VI—GENERAL PROVISIONS

14 SEC. 601. No part of any appropriation contained in

15 this Act shall be used for publicity or propaganda purposes

16 not authorized by the Congress.

17 SEC. 602. No part of any appropriation contained in

18 this Act shall remain available for obligation beyond the

19 current fiscal year unless expressly so provided herein.

20 SEC. 603. The expenditure of any appropriation

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

23 to those contracts where such expenditures are a matter

24 of public record and available for public inspection, except
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1 where otherwise provided under existing law, or under ex2 isting Executive order issued pursuant to existing law.

3 SEC. 604. If any provision of this Act or the applica4 tion of such provision to any person or circumstances shall

5 be held invalid, the remainder of the Act and the applica6 tion of each provision to persons or circumstances other

7 than those as to which it is held invalid shall not be af8 fected thereby.

9 SEC. 605. (a) None of the funds provided under this

10 Act, or provided under previous appropriations Acts to the

11 agencies funded by this Act that remain available for obli12 gation or expenditure in fiscal year 1997, or provided from

13 any accounts in the Treasury of the United States derived

14 by the collection of fees available to the agencies funded

15 by this Act, shall be available for obligation or expenditure

16 through a reprogramming of funds which (1) creates new

17 programs; (2) eliminates a program, project, or activity;

18 (3) increases funds or personnel by any means for any

19 project or activity for which funds have been denied or

20 restricted; (4) relocates an office or employees; (5) reorga21 nizes offices, programs, or activities; or (6) contracts out

22 or privatizes any functions, or activities presently per23 formed by Federal employees; unless the Appropriations

24 Committees of both Houses of Congress are notified fif25 teen days in advance of such reprogramming of funds.
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1 (b) None of the funds provided under this Act, or

2 provided under previous appropriations Acts to the agen3 cies funded by this Act that remain available for obligation

4 or expenditure in fiscal year 1997, or provided from any

5 accounts in the Treasury of the United States derived by

6 the collection of fees available to the agencies funded by

7 this Act, shall be available for obligation or expenditure

8 for activities, programs, or projects through a reprogram9 ming of funds in excess of $500,000 or 10 percent, which10 ever is less, that (1) augments existing programs, projects,

11 or activities; (2) reduces by 10 percent funding for any

12 existing program, project, or activity, or numbers of per13 sonnel by 10 percent as approved by Congress; or (3) re14 sults from any general savings from a reduction in person15 nel which would result in a change in existing programs,

16 activities, or projects as approved by Congress; unless the

17 Appropriations Committees of both Houses of Congress

18 are notified fifteen days in advance of such reprogram19 ming of funds.

20 SEC. 606. None of the funds made available in this

21 Act may be used for the construction, repair (other than

22 emergency repair), overhaul, conversion, or modernization

23 of vessels for the National Oceanic and Atmospheric Ad24 ministration in shipyards located outside of the United

25 States.
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1 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

2 EQUIPMENT AND PRODUCTS.—It is the sense of the Con3 gress that, to the greatest extent practicable, all equip4 ment and products purchased with funds made available

5 in this Act should be American-made.

6 (b) NOTICE REQUIREMENT.—In providing financial

7 assistance to, or entering into any contract with, any en8 tity using funds made available in this Act, the head of

9 each Federal agency, to the greatest extent practicable,

10 shall provide to such entity a notice describing the state11 ment made in subsection (a) by the Congress.

12 SEC. 608. None of the funds made available in this

13 Act may be used to implement, administer, or enforce any

14 guidelines of the Equal Employment Opportunity Com15 mission covering harassment based on religion, when it is

16 made known to the Federal entity or official to which such

17 funds are made available that such guidelines do not differ

18 in any respect from the proposed guidelines published by

19 the Commission on October 1, 1993 (58 Fed. Reg.

20 51266).

21 SEC. 609. None of the funds appropriated or other22 wise made available by this Act may be obligated or ex23 pended to pay for any cost incurred for (1) opening or

24 operating any United States diplomatic or consular post

25 in the Socialist Republic of Vietnam that was not operat-
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1 ing on July 11, 1995; (2) expanding any United States

2 diplomatic or consular post in the Socialist Republic of

3 Vietnam that was operating on July 11, 1995; or (3) in4 creasing the total number of personnel assigned to United

5 States diplomatic or consular posts in the Socialist Repub6 lic of Vietnam above the levels existing on July 11, 1995,

7 unless the President certifies within 60 days, based upon

8 all information available to the United States Government

9 that the Government of the Socialist Republic of Vietnam

10 is cooperating in full faith with the United States in the

11 following four areas:

12 (1) Resolving discrepancy cases, live sightings

13 and field activities,

14 (2) Recovering and repatriating American re15 mains,

16 (3) Accelerating efforts to provide documents

17 that will help lead to fullest possible accounting of

18 POW/MIA’s.

19 (4) Providing further assistance in implement20 ing trilateral investigations with Laos.

21 SEC. 610. None of the funds made available by this

22 Act may be used for any United Nations undertaking

23 when it is made known to the Federal official having au24 thority to obligate or expend such funds (1) that the Unit25 ed Nations undertaking is a peacekeeping mission, (2)
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1 that such undertaking will involve United States Armed

2 Forces under the command or operational control of a for3 eign national, and (3) that the President’s military advi4 sors have not submitted to the President a recommenda5 tion that such involvement is in the national security inter6 ests of the United States and the President has not sub7 mitted to the Congress such a recommendation.

8 SEC. 611. None of the funds made available in this

9 Act shall be used to provide the following amenities or per10 sonal comforts in the Federal prison system—

11 (1) in-cell television viewing except for prisoners

12 who are segregated from the general prison popu13 lation for their own safety;

14 (2) the viewing of R, X, and NC–17 rated mov15 ies, through whatever medium presented;

16 (3) any instruction (live or through broadcasts)

17 or training equipment for boxing, wrestling, judo,

18 karate, or other martial art, or any bodybuilding or

19 weightlifting equipment of any sort;

20 (4) possession of in-cell coffee pots, hot plates,

21 or heating elements; or

22 (5) the use or possession of any electric or elec23 tronic musical instrument.

24 SEC. 612. None of the funds made available in title

25 II for the National Oceanic and Atmospheric Administra-
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1 tion under the heading ‘‘Fleet Modernization, Shipbuild2 ing and Conversion’’ may be used to implement sections

3 603, 604, and 605 of Public Law 102–567.

4 SEC. 613. None of the funds made available in this

5 Act may be used for ‘‘USIA Television Marti Program’’

6 under the Television Broadcasting to Cuba Act or any

7 other program of United States Government television

8 broadcasts to Cuba, when it is made known to the Federal

9 official having authority to obligate or expend such funds

10 that such use would be inconsistent with the applicable

11 provisions of the March 1995 Office of Cuba Broadcasting

12 Reinventing Plan of the United States Information Agen13 cy.

14 SEC. 614. Any costs incurred by a Department or

15 agency funded under this Act resulting from personnel ac16 tions taken in response to funding reductions included in

17 this Act shall be absorbed within the total budgetary re18 sources available to such Department or agency: Provided,

19 That the authority to transfer funds between appropria20 tions accounts as may be necessary to carry out this sec21 tion is provided in addition to authorities included else22 where in this Act: Provided further, That use of funds to

23 carry out this section shall be treated as a reprogramming

24 of funds under section 605 of this Act and shall not be
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1 available for obligation or expenditure except in compli2 ance with the procedures set forth in that section.

3 This Act may be cited as the ‘‘Departments of Com4 merce, Justice, and State, the Judiciary, and Related

5 Agencies Appropriations Act, 1997.’’.