104TH CONGRESS

2D SESSION H. R. 3814

AN ACT

Making appropriations for the Departments of

tember 30, 1997, and for other purposes.related agencies for the fiscal year ending SepCommerce, Justice, and State, the Judiciary, and
104TH CONGRESS

2D SESSION H. R. 3814

AN ACT

Making appropriations for the Departments of Commerce,

Justice, and State, the Judiciary, and related agencies

for the fiscal year ending September 30, 1997, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 1997, and for other pur4 poses, namely:

5 TITLE I—DEPARTMENT OF JUSTICE

6 GENERAL ADMINISTRATION

7 SALARIES AND EXPENSES

8 For expenses necessary for the administration of the

9 Department of Justice, $71,493,000; of which not to ex10 ceed $3,317,000 is for the Facilities Program 2000, to

11 remain available until expended: Provided, That not to ex12 ceed 43 permanent positions and 44 full-time equivalent

13 workyears and $7,477,000 shall be expended for the De14 partment Leadership Program only for the Offices of the

15 Attorney General and the Deputy Attorney General, exclu16 sive of augmentation that occurred in these offices in fiscal

17 year 1996: Provided further, That not to exceed 71 perma18 nent positions and 85 full-time equivalent workyears and

19 $8,987,000 shall be expended for the Offices of Legislative

20 Affairs, Public Affairs and Policy Development: Provided

21 further, That the latter three aforementioned offices shall

22 not be augmented by personnel details, temporary trans23 fers of personnel on either a reimbursable or non-reim24 bursable basis or any other type of formal or informal
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1 transfer or reimbursement of personnel or funds on either

2 a temporary or long-term basis.

3 In addition, for reimbursement of expenses associated

4 with implementation of drug testing initiatives for persons

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

6 remain available until expended.

7 COUNTERTERRORISM FUND

8 For necessary expenses, as determined by the Attor9 ney General, $9,450,000, to remain available until ex10 pended, to reimburse any Department of Justice organiza11 tion for (1) the costs incurred in reestablishing the oper12 ational capability of an office or facility which has been

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

14 Alfred P. Murrah Federal Building in Oklahoma City or

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

16 costs of providing support to counter, investigate or pros17 ecute domestic or international terrorism, including pay18 ment of rewards in connection with these activities, and

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

20 of Federal agencies and their facilities: Provided, That

21 funds provided under this heading shall be available only

22 after the Attorney General notifies the Committees on Ap23 propriations of the House of Representatives and the Sen24 ate in accordance with section 605 of this Act.
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1 ADMINISTRATIVE REVIEW AND APPEALS

2 For expenses necessary for the administration of par3 don and clemency petitions and immigration related activi4 ties, $64,000,000.

5 VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE

6 REVIEW AND APPEALS

7 For activities authorized by section 130005 of the

8 Violent Crime Control and Law Enforcement Act of 1994

9 (Public Law 103–322), as amended, $48,000,000, to re10 main available until expended, which shall be derived from

11 the Violent Crime Reduction Trust Fund.

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector

14 General in carrying out the provisions of the Inspector

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

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

17 a confidential character, to be expended under the direc18 tion of, and to be accounted for solely under the certificate

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

20 maintenance, and operation of motor vehicles, without re21 gard to the general purchase price limitation for the cur22 rent fiscal year.

23 UNITED STATES PAROLE COMMISSION

24 SALARIES AND EXPENSES

25 For necessary expenses of the United States Parole

26 Commission as authorized by law, $4,490,000.
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1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For expenses, necessary for the legal activities of the

4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be

7 accounted for solely under the certificate of, the Attorney

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

9 in the District of Columbia; $420,793,000; of which not

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

11 shall remain available until expended: Provided, That of

12 the funds available in this appropriation, not to exceed

13 $17,525,000 shall remain available until expended for of14 fice automation systems for the legal divisions covered by

15 this appropriation, and for the United States Attorneys,

16 the Antitrust Division, and offices funded through ‘‘Sala17 ries and Expenses’’, General Administration: Provided fur18 ther, That of the total amount appropriated, not to exceed

19 $1,000 shall be available to the United States National

20 Central Bureau, INTERPOL, for official reception and

21 representation expenses: Provided further, That notwith22 standing 31 U.S.C. 1342, the Attorney General may ac23 cept on behalf of the United States, and credit to this ap24 propriation, gifts of money, personal property and serv25 ices, for the purposes of hosting the International Criminal
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1 Police Organization’s (INTERPOL) American Regional

2 Conference in the United States during fiscal year 1997.

3 In addition, for reimbursement of expenses of the De4 partment of Justice associated with processing cases

5 under the National Childhood Vaccine Injury Act of 1986

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

7 from the Vaccine Injury Compensation Trust Fund.

8 VIOLENT CRIME REDUCTION PROGRAMS,

9 GENERAL LEGAL ACTIVITIES

10 For the expeditious deportation of denied asylum ap11 plicants, as authorized by section 130005 of the Violent

12 Crime Control and Law Enforcement Act of 1994 (Public

13 Law 103–322), as amended, $7,750,000, to remain avail14 able until expended, which shall be derived from the Vio15 lent Crime Reduction Trust Fund.

16 SALARIES AND EXPENSES, ANTITRUST DIVISION

17 For expenses necessary for the enforcement of anti18 trust and kindred laws, $76,447,000: Provided, That not19 withstanding any other provision of law, not to exceed

20 $58,905,000 of offsetting collections derived from fees col21 lected for premerger notification filings under the Hart22 Scott-Rodino Antitrust Improvements Act of 1976 (15

23 U.S.C. 18(a)) shall be retained and used for necessary ex24 penses in this appropriation, and shall remain available

25 until expended: Provided further, That the sum herein ap26 propriated from the General Fund shall be reduced as
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1 such offsetting collections are received during fiscal year

2 1997, so as to result in a final fiscal year 1997 appropria3 tion from the General Fund estimated at not more than

4 $17,542,000: Provided further, That any fees received in

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

6 available until expended, but shall not be available for obli7 gation until October 1, 1997.

8 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

9 For necessary expenses of the Office of the United

10 States Attorneys, including intergovernmental agree11 ments, $931,029,000; of which not to exceed $2,500,000

12 shall be available until September 30, 1998, for the pur13 poses of (1) providing training of personnel of the Depart14 ment of Justice in debt collection, (2) providing services

15 to the Department of Justice related to locating debtors

16 and their property, such as title searches, debtor

17 skiptracing, asset searches, credit reports and other inves18 tigations, (3) paying the costs of the Department of Jus19 tice for the sale of property not covered by the sale pro20 ceeds, such as auctioneers’ fees and expenses, maintenance

21 and protection of property and businesses, advertising and

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

23 of processing and tracking debts owed to the United

24 States Government: Provided, That of the total amount

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

26 official reception and representation expenses: Provided
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1 further, That not to exceed $10,000,000 of those funds

2 available for automated litigation support contracts shall

3 remain available until expended: Provided further, That in

4 addition to reimbursable full-time equivalent workyears

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

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

7 workyears shall be supported from the funds appropriated

8 in this Act for the United States Attorneys.

9 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

10 ATTORNEYS

11 For activities authorized by sections 40114, 130005,

12 190001(b), 190001(d) and 250005 of the Violent Crime

13 Control and Law Enforcement Act of 1994 (Public Law

14 103–322), as amended, and section 815 of the

15 Antiterrorism and Effective Death Penalty Act of 1996

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

17 until expended, which shall be derived from the Violent

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

19 be available to help meet the increased demands for litiga20 tion and related activities, $500,000 for telemarketing

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

22 $1,000,000 for Federal victim counselors, and $9,633,000

23 for expeditious deportation of denied asylum applicants.

24 UNITED STATES TRUSTEE SYSTEM FUND

25 For necessary expenses of the United States Trustee

26 Program, as authorized by 28 U.S.C. 589a(a),
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1 $107,950,000, to remain available until expended and to

2 be derived from the United States Trustee System Fund:

3 Provided, That notwithstanding any other provision of

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

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

7 provision of law, $107,950,000 of offsetting collections de8 rived from fees collected pursuant to 28 U.S.C. 589a(b)

9 shall be retained and used for necessary expenses in this

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

12 Fund shall be reduced as such offsetting collections are

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

14 fiscal year 1997 appropriation from the Fund estimated

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

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

17 available until expended but shall not be available for obli18 gation until October 1, 1997.

19 SALARIES AND EXPENSES, FOREIGN CLAIMS

20 SETTLEMENT COMMISSION

21 For expenses necessary to carry out the activities of

22 the Foreign Claims Settlement Commission, including

23 services as authorized by 5 U.S.C. 3109, $878,000.
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1 SALARIES AND EXPENSES, UNITED STATES MARSHALS

2 SERVICE

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

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

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

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

13 training for an automated prisoner information system,

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

15 Transportation System, shall remain available until ex16 pended: Provided, That, with respect to the amounts ap17 propriated above, the service of maintaining and trans18 porting State, local, or territorial prisoners shall be consid19 ered a specialized or technical service for purposes of 31

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

21 considered persons (transported for other than commercial

22 purposes) whose presence is associated with the perform23 ance of a governmental function for purposes of 49 U.S.C.

24 40102.
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1 VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES

2 MARSHALS SERVICE

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

4 Violent Crime Control and Law Enforcement Act of 1994

5 (Public Law 103–322), as amended, $25,000,000, to re6 main available until expended, which shall be derived from

7 the Violent Crime Reduction Trust Fund.

8 FEDERAL PRISONER DETENTION

9 For expenses, related to United States prisoners in

10 the custody of the United States Marshals Service as au11 thorized in 18 U.S.C. 4013, but not including expenses

12 otherwise provided for in appropriations available to the

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

14 U.S.C. 561(i), to remain available until expended: Pro15 vided, That this appropriation hereafter shall not be avail16 able for expenses authorized under 18 U.S.C. 4013(a)(4).

17 FEES AND EXPENSES OF WITNESSES

18 For expenses, mileage, compensation, and per diems

19 of witnesses, for expenses of contracts for the procurement

20 and supervision of expert witnesses, for private counsel ex21 penses, and for per diems in lieu of subsistence, as author22 ized by law, including advances, $100,702,000, to remain

23 available until expended; of which not to exceed

24 $4,750,000 may be made available for planning, construc25 tion, renovations, maintenance, remodeling, and repair of

26 buildings, and the purchase of equipment incident thereto,
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1 for protected witness safesites; of which not to exceed

2 $1,000,000 may be made available for the purchase and

3 maintenance of armored vehicles for transportation of pro4 tected witnesses; and of which not to exceed $4,000,000

5 may be made available for the purchase, installation and

6 maintenance of a secure, automated information network

7 to store and retrieve the identities and locations of pro8 tected witnesses.

9 SALARIES AND EXPENSES, COMMUNITY RELATIONS

10 SERVICE

11 For necessary expenses of the Community Relations

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

13 1964, $5,319,000: Provided, That notwithstanding any

14 other provision of law, upon a determination by the Attor15 ney General that emergent circumstances require addi16 tional funding for conflict prevention and resolution activi17 ties of the Community Relations Service, the Attorney

18 General may transfer such amounts to the Community Re19 lations Service, from available appropriations for the cur20 rent fiscal year for the Department of Justice, as may be

21 necessary to respond to such circumstances: Provided fur22 ther, That any transfer pursuant to this paragraph shall

23 be treated as a reprogramming under section 605 of this

24 Act and shall not be available for obligation or expenditure

25 except in compliance with the procedures set forth in that

26 section.
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1 ASSETS FORFEITURE FUND

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

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

4 (reduced by $14,000,000), to be derived from the Depart5 ment of Justice Assets Forfeiture Fund.

6 RADIATION EXPOSURE COMPENSATION

7 ADMINISTRATIVE EXPENSES

8 For necessary administrative expenses in accordance

9 with the Radiation Exposure Compensation Act,

10 $2,000,000.

11 PAYMENT TO RADIATION EXPOSURE COMPENSATION

12 TRUST FUND

13 For payments to the Radiation Exposure Compensa14 tion Trust Fund, $13,736,000, not to be available for ob15 ligation until September 30, 1997.

16 INTERAGENCY LAW ENFORCEMENT

17 INTERAGENCY CRIME AND DRUG ENFORCEMENT

18 For necessary expenses for the detection, investiga19 tion, and prosecution of individuals involved in organized

20 crime drug trafficking not otherwise provided for, to in21 clude intergovernmental agreements with State and local

22 law enforcement agencies engaged in the investigation and

23 prosecution of individuals involved in organized crime drug

24 trafficking, $372,017,000, of which $50,000,000 shall re25 main available until expended: Provided, That any

26 amounts obligated from appropriations under this heading
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1 may be used under authorities available to the organiza2 tions reimbursed from this appropriation: Provided fur3 ther, That any unobligated balances remaining available

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

5 General for reallocation among participating organizations

6 in succeeding fiscal years, subject to the reprogramming

7 procedures described in section 605 of this Act.

8 FEDERAL BUREAU OF INVESTIGATION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Federal Bureau of In11 vestigation for detection, investigation, and prosecution of

12 crimes against the United States; including purchase for

13 police-type use of not to exceed 2,706 passenger motor ve14 hicles, of which 1,945 will be for replacement only, without

15 regard to the general purchase price limitation for the cur16 rent fiscal year, and hire of passenger motor vehicles; ac17 quisition, lease, maintenance, and operation of aircraft;

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

19 of a confidential character, to be expended under the di20 rection of, and to be accounted for solely under the certifi21 cate of, the Attorney General; $2,528,706,000, of which

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

23 and telecommunications and technical investigative equip24 ment and $1,000,000 for undercover operations shall re25 main available until September 30, 1998; of which not less
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1 than $133,081,000 shall be for counterterrorism inves2 tigations, foreign counterintelligence, and other activities

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

4 $98,400,000 shall remain available until expended; of

5 which not to exceed $10,000,000 is authorized to be made

6 available for making payments or advances for expenses

7 arising out of contractual or reimbursable agreements

8 with State and local law enforcement agencies while en9 gaged in cooperative activities related to violent crime, ter10 rorism, organized crime, and drug investigations; and of

11 which $1,500,000 shall be available to maintain an inde12 pendent program office dedicated solely to the relocation

13 of the Criminal Justice Information Services Division and

14 the automation of fingerprint identification services: Pro15 vided, That not to exceed $45,000 shall be available for

16 official reception and representation expenses.

17 VIOLENT CRIME REDUCTION PROGRAMS

18 For activities authorized by the Violent Crime Con19 trol and Law Enforcement Act of 1994 (Public Law 103–

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

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

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

23 until expended, which shall be derived from the Violent

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

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

26 1994 Act and section 811 of the Antiterrorism Act;
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1 $76,423,000 shall be for activities authorized by section

2 190001(b) of the 1994 Act, of which $20,240,000 shall

3 be for activities authorized by section 103 of the Brady

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

5 as amended; $4,000,000 shall be for training and inves6 tigative assistance authorized by section 210501 of the

7 1994 Act; $9,500,000 shall be for grants to States, as au8 thorized by section 811(b) of the Antiterrorism Act;

9 $5,500,000 shall be for establishing DNA quality-assur10 ance and proficiency-testing standards, establishing an

11 index to facilitate law enforcement exchange of DNA iden12 tification information, and related activities authorized by

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

14 for investigative support for Senior Citizens Against Mar15 keting Scams, as authorized by section 250005 of the

16 1994 Act.

17 CONSTRUCTION

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

20 law (including equipment for such buildings); conversion

21 and extension of federally-owned buildings; and prelimi22 nary planning and design of projects; $55,676,000, to re23 main available until expended.
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1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

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

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

11 token value that promote the goals of such programs; pur12 chase of not to exceed 1,158 passenger motor vehicles, of

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

14 use without regard to the general purchase price limitation

15 for the current fiscal year; and acquisition, lease, mainte16 nance, and operation of aircraft; $733,038,000, of which

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

18 for transfer to the Drug Diversion Control Fee Account

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

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

23 processing and telecommunications equipment, and not to

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

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

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

3 shall be available for official reception and representation

4 expenses.

5 VIOLENT CRIME REDUCTION PROGRAMS

6 (INCLUDING TRANSFER OF FUNDS)

7 For activities authorized by sections 180104 and

8 190001(b) of the Violent Crime Control and Law Enforce9 ment Act of 1994 (Public Law 103–322), as amended,

10 and section 814 of the Antiterrorism and Effective Death

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

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

13 as otherwise authorized in this title, $243,000,000, to re14 main available until expended, which shall be derived from

15 the Violent Crime Reduction Trust Fund: Provided, That

16 $71,000,000 shall be derived by transfer from Community

17 Oriented Policing Services, Violent Crime Reduction Pro18 grams, for the purpose of providing State and local police

19 officers with equipment, conveyances, overtime and other

20 expenses associated with their participation on drug task

21 forces.

22 IMMIGRATION AND NATURALIZATION SERVICE

23 SALARIES AND EXPENSES

24 For expenses, not otherwise provided for, necessary

25 for the administration and enforcement of the laws relat26 ing to immigration, naturalization, and alien registration,
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1 including not to exceed $50,000 to meet unforeseen emer2 gencies of a confidential character, to be expended under

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

4 certificate of, the Attorney General; purchase for police5 type use (not to exceed 2,691, of which 1,711 are for re6 placement only), without regard to the general purchase

7 price limitation for the current fiscal year, and hire of pas8 senger motor vehicles; acquisition, lease, maintenance and

9 operation of aircraft; and research related to immigration

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

11 $400,000 for research shall remain available until ex12 pended; and of which not to exceed $10,000,000 shall be

13 available for costs associated with the training program

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

15 or advances arising out of contractual or reimbursable

16 agreements with State and local law enforcement agencies

17 while engaged in cooperative activities related to immigra18 tion: Provided, That none of the funds available to the Im19 migration and Naturalization Service shall be available to

20 pay any employee overtime pay in an amount in excess

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

22 1, 1997: Provided further, That uniforms may be pur23 chased without regard to the general purchase price limi24 tation for the current fiscal year: Provided further, That

25 not to exceed $5,000 shall be available for official recep-
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1 tion and representation expenses: Provided further, That

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

3 be used for the continued operation of the San Clemente

4 and Temecula checkpoints unless the checkpoints are open

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

6 Provided further, That the Land Border Fee Pilot Project

7 scheduled to end September 30, 1996, is extended to Sep8 tember 30, 1999 for projects on both the northern and

9 southern borders of the United States, except that no pilot

10 program may implement a universal land border crossing

11 toll.

12 VIOLENT CRIME REDUCTION PROGRAMS

13 For activities authorized by sections 130002,

14 130005, 130006, 130007, and 190001(b) of the Violent

15 Crime Control and Law Enforcement Act of 1994 (Public

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

17 Antiterrorism and Effective Death Penalty Act of 1996

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

19 until expended, which will be derived from the Violent

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

21 be for expeditious deportation of denied asylum applicants,

22 $287,857,000 shall be for improving border controls, and

23 $116,527,000 shall be for detention and deportation pro24 ceedings: Provided, That amounts not required for asylum

25 processing provided under the expeditious deportation of
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1 denied asylum applicants shall also be available for other

2 deportation program activities.

3 CONSTRUCTION

4 For planning, construction, renovation, equipping,

5 and maintenance of buildings and facilities necessary for

6 the administration and enforcement of the laws relating

7 to immigration, naturalization, and alien registration, not

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

9 until expended.

10 FEDERAL PRISON SYSTEM

11 SALARIES AND EXPENSES

12 For expenses necessary for the administration, oper13 ation, and maintenance of Federal penal and correctional

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

15 which 572 are for replacement only), and hire of law en16 forcement and passenger motor vehicles; and for the provi17 sion of technical assistance and advice on corrections re18 lated issues to foreign governments; $2,817,816,000 (re19 duced by $45,000,000): Provided, That the Attorney Gen20 eral may transfer to the Health Resources and Services

21 Administration such amounts as may be necessary for di22 rect expenditures by that Administration for medical relief

23 for inmates of Federal penal and correctional institutions:

24 Provided further, That the Director of the Federal Prison

25 System (FPS), where necessary, may enter into contracts

26 with a fiscal agent/fiscal intermediary claims processor to
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1 determine the amounts payable to persons who, on behalf

2 of the FPS, furnish health services to individuals commit3 ted to the custody of the FPS: Provided further, That uni4 forms may be purchased without regard to the general

5 purchase price limitation for the current fiscal year: Pro6 vided further, That not to exceed $6,000 shall be available

7 for official reception and representation expenses: Pro8 vided further, That not to exceed $50,000,000 for the acti9 vation of new facilities shall remain available until Sep10 tember 30, 1998: Provided further, That of the amounts

11 provided for Contract Confinement, not to exceed

12 $20,000,000 shall remain available until expended to

13 make payments in advance for grants, contracts and reim14 bursable agreements, and other expenses authorized by

15 section 501(c) of the Refugee Education Assistance Act

16 of 1980, as amended, for the care and security in the

17 United States of Cuban and Haitian entrants: Provided

18 further, That notwithstanding section 4(d) of the Service

19 Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter

20 into contracts and other agreements with private entities

21 for periods of not to exceed 3 years and 7 additional option

22 years for the confinement of Federal prisoners: Provided

23 further, That the National Institute of Corrections here24 after shall be included in the FPS Salaries and Expenses

25 budget, in the Contract Confinement program and shall
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1 continue to perform its current functions under 18 U.S.C.

2 4351, et seq., with the exception of its grant program and

3 shall collect reimbursement for services whenever possible:

4 Provided further, That any unexpended balances available

5 to the ‘‘National Institute of Corrections’’ account shall

6 be credited to and merged with this appropriation, to re7 main available until expended.

8 VIOLENT CRIME REDUCTION PROGRAMS

9 For substance abuse treatment in Federal prisons as

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

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

13 expended, which shall be derived from the Violent Crime

14 Reduction Trust Fund.

15 BUILDINGS AND FACILITIES

16 For planning, acquisition of sites and construction of

17 new facilities; leasing the Oklahoma City Airport Trust

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

23 existing penal and correctional institutions, including all

24 necessary expenses incident thereto, by contract or force

25 account; $395,700,000, to remain available until ex26 pended, of which not to exceed $14,074,000 shall be avail-
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1 able to construct areas for inmate work programs: Pro2 vided, That labor of United States prisoners may be used

3 for work performed under this appropriation: Provided

4 further, That not to exceed 10 percent of the funds appro5 priated to ‘‘Buildings and Facilities’’ in this Act or any

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

7 Federal Prison System, upon notification by the Attorney

8 General to the Committees on Appropriations of the

9 House of Representatives and the Senate in compliance

10 with provisions set forth in section 605 of this Act: Pro11 vided further, That of the total amount appropriated, not

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

13 and construction of United States Marshals Service pris14 oner-holding facilities.

15 FEDERAL PRISON INDUSTRIES, INCORPORATED

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

18 of funds and borrowing authority available, and in accord

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

22 may be necessary in carrying out the program set forth

23 in the budget for the current fiscal year for such corpora24 tion, including purchase of (not to exceed five for replace25 ment only), and hire of passenger motor vehicles.
25

•HR 3814 EH

1 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

2 PRISON INDUSTRIES, INCORPORATED

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

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

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

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

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

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

15 property belonging to the corporation or in which it has

16 an interest.

17 OFFICE OF JUSTICE PROGRAMS

18 JUSTICE ASSISTANCE

19 For grants, contracts, cooperative agreements, and

20 other assistance authorized by title I of the Omnibus

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

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

23 including salaries and expenses in connection therewith,

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

25 $100,000,000, to remain available until expended, as au-
26

•HR 3814 EH

1 thorized by section 1001 of title I of the Omnibus Crime

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

3 102–534 (106 Stat. 3524): Provided, That of the amount

4 made available from the Local Law Enforcement Block

5 Grant for technology programs, $10,000,000 shall be

6 available for programs under section 820 and section 821

7 of the Antiterrorism and Effective Death Penalty Act of

8 1996 (Public Law 104–132).

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

11 expended, as authorized by section 819 of the

12 Antiterrorism and Effective Death Penalty Act of 1996

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

14 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

15 For grants, contracts, cooperative agreements, and

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

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

21 available until expended, as authorized by section 1001 of

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

23 (106 Stat. 3524), of which $60,000,000 shall be available

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

25 part E of title I of said Act, for discretionary grants under
27

•HR 3814 EH

1 the Edward Byrne Memorial State and Local Law En2 forcement Assistance Programs.

3 VIOLENT CRIME REDUCTION PROGRAMS, STATE AND

4 LOCAL LAW ENFORCEMENT ASSISTANCE

5 For assistance (including amounts for administrative

6 costs for management and administration, which amounts

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

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

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

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

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

14 available until expended, which shall be derived from the

15 Violent Crime Reduction Trust Fund; of which

16 $571,000,000 shall be for Local Law Enforcement Block

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

18 Representatives on February 14, 1995, except that for

19 purposes of this Act, the Commonwealth of Puerto Rico

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

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

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

23 and for establishing crime prevention programs involving

24 cooperation between community residents and law enforce25 ment personnel in order to control, detect, or investigate
28

•HR 3814 EH

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

2 funds provided under this heading may be used as match3 ing funds for any other Federal grant program: Provided

4 further, That notwithstanding any other provision of this

5 title, the Attorney General may transfer up to

6 $18,000,000 of this amount for drug courts pursuant to

7 title V of the 1994 Act, consistent with the reprogram8 ming procedures outlined in section 605 of this Act: Pro9 vided further, That funds may also be used to defray the

10 costs of indemnification insurance for law enforcement of11 ficers; of which $50,000,000 shall be for grants to upgrade

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

13 Brady Handgun Violence Prevention Act of 1993, as

14 amended, and section 4(b) of the National Child Protec15 tion Act of 1993; of which $245,000,000 shall be available

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

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

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

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

20 Enforcement Assistance Programs; of which

21 $330,000,000 shall be for the State Criminal Alien Assist22 ance Program, as authorized by section 242(j) of the Im23 migration and Nationality Act, as amended; of which

24 $680,000,000 shall be for Violent Offender Incarceration

25 and Truth in Sentencing Incentive Grants pursuant to
29

•HR 3814 EH

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

2 $170,000,000 shall be available for payments to States for

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

4 shall be available for the Cooperative Agreement Program:

5 Provided further, That funds made available for Violent

6 Offender Incarceration and Truth in Sentencing Incentive

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

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

9 of criminial aliens; of which $6,000,000 shall be for the

10 Court Appointed Special Advocate Program, as authorized

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

12 be for Child Abuse Training Programs for Judicial Per13 sonnel and Practitioners, as authorized by section 224 of

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

15 to Combat Violence Against Women to States, units of

16 local government and Indian tribal governments, as au17 thorized by section 1001(a)(18) of the 1968 Act; of which

18 $33,000,000 shall be for Grants to Encourage Arrest Poli19 cies to States, units of local government, and Indian tribal

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

21 1968 Act; of which $8,000,000 shall be for Rural Domes22 tic Violence and Child Abuse Enforcement Assistance

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

24 of which $1,000,000 shall be for training programs to as25 sist probation and parole officers who work with released
30

•HR 3814 EH

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

2 1994 Act; of which $550,000 shall be for grants for tele3 vised testimony, as authorized by section 1001(a)(7) of the

4 1968 Act; of which $1,750,000 shall be for national stalk5 er and domestic violence reduction, as authorized by sec6 tion 40603 of the 1994 Act; of which $35,000,000 shall

7 be for grants for residential substance abuse treatment for

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

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

10 States and units of local government for projects to im11 prove DNA analysis, as authorized by section 1001(a)(22)

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

13 Enforcement Family Support Programs, as authorized by

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

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

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

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

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

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

20 Courts Assistance Grants, as authorized by section

21 210602 of the 1994 Act; of which $200,000 shall be for

22 a National Baseline Study on Campus Sexual Assault, as

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

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

25 addressing marketing scams aimed at senior citizens, as
31

•HR 3814 EH

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

2 further, That funds made available in fiscal year 1997

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

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

5 be obligated for programs to assist States in the litigation

6 processing of death penalty Federal habeas corpus peti7 tions and for drug testing initiatives: Provided further,

8 That any 1996 balances for these programs shall be trans9 ferred to and merged with this appropriation: Provided

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

11 the funds made available under this title to increase the

12 number of law enforcement officers, the unit of local gov13 ernment will achieve a net gain in the number of law en14 forcement officers who perform nonadministrative public

15 safety service.

16 WEED AND SEED PROGRAM FUND

17 For necessary expenses, including salaries and relat18 ed expenses of the Executive Office for Weed and Seed,

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

20 $28,500,000, which shall be derived from discretionary

21 grants provided under the Edward Byrne Memorial State

22 and Local Law Enforcement Assistance Programs, to re23 main available until expended for intergovernmental

24 agreements, including grants, cooperative agreements, and

25 contracts, with State and local law enforcement agencies

26 engaged in the investigation and prosecution of violent
32

•HR 3814 EH

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

2 communities, and for either reimbursements or transfers

3 to appropriation accounts of the Department of Justice

4 and other Federal agencies which shall be specified by the

5 Attorney General to execute the ‘‘Weed and Seed’’ pro6 gram strategy: Provided, That funds designated by Con7 gress through language for other Department of Justice

8 appropriation accounts for ‘‘Weed and Seed’’ program ac9 tivities shall be managed and executed by the Attorney

10 General through the Executive Office for Weed and Seed:

11 Provided further, That the Attorney General may direct

12 the use of other Department of Justice funds and person13 nel in support of ‘‘Weed and Seed’’ program activities only

14 after the Attorney General notifies the Committees on Ap15 propriations of the House of Representatives and the Sen16 ate in accordance with section 605 of this Act.

17 COMMUNITY ORIENTED POLICING SERVICES

18 VIOLENT CRIME REDUCTION PROGRAMS

19 For activities authorized by the Violent Crime

20 Control and Law Enforcement Act of 1994, Public Law

21 103–322 (‘‘the 1994 Act’’) (including administrative

22 costs), $1,400,000,000, to remain available until ex23 pended, which shall be derived from the Violent Crime

24 Reduction Trust Fund, for Public Safety and Community

25 Policing Grants pursuant to title I of the 1994 Act: Pro-
33

•HR 3814 EH

1 vided, That of this amount, $10,000,000 shall be avail2 able for programs of Police Corps education, training and

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

4 1994 Act: Provided further, That of this amount,

5 $71,000,000 shall be transferred to the Drug Enforce6 ment Administration for the purpose of providing State

7 and local police officers with equipment, conveyances,

8 overtime and other expenses associated with their partici9 pation on drug task forces: Provided further, That of this

10 amount, $30,500,000 shall be for additional grants au11 thorized by part B of title II of the Juvenile Justice and

12 Delinquency Prevention Act of 1974, as amended, to re13 main available until expended, for the purpose of provid14 ing additional formula grants under part B, for innova15 tive local law enforcement and community policing pro16 grams, to States that provide assurances to the Adminis17 trator that the State has in effect (or will have in effect

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

19 and programs, that ensure that juveniles who commit an

20 act after attaining 14 years of age, that would be a seri21 ous violent crime if committed by an adult, are treated

22 as adults for purpose of prosecution: Provided further,

23 That not to exceed 130 permanent positions and 130

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

25 expended for program management and administration.
34

•HR 3814 EH

1 JUVENILE JUSTICE PROGRAMS

2 For grants, contracts, cooperative agreements, and

3 other assistance authorized by the Juvenile Justice and

4 Delinquency Prevention Act of 1974, as amended, includ5 ing salaries and expenses in connection therewith to be

6 transferred to and merged with the appropriations for

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

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

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

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

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

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

13 for expenses authorized by sections 281 and 282 of part

14 D of title II of the Act for prevention and treatment pro15 grams relating to juvenile gangs; (3) $10,000,000 shall

16 be available for expenses authorized by section 285 of part

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

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

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

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

21 Act for incentive grants for local delinquency prevention

22 programs: Provided, That upon the enactment of reau23 thorization legislation for Juvenile Justice Programs

24 under the Juvenile Justice and Delinquency Prevention

25 Act of 1974, as amended, funding provided in this Act
35

•HR 3814 EH

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

2 legislation and any provisions in this Act that are incon3 sistent with that legislation shall no longer have effect.

4 In addition, for grants, contracts, cooperative agree5 ments, and other assistance authorized by the Victims of

6 Child Abuse Act of 1990, as amended, $4,500,000, to re7 main available until expended, as authorized by sections

8 214B of the Act.

9 PUBLIC SAFETY OFFICERS BENEFITS

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

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

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

13 to remain available until expended, as authorized by sec14 tion 6093 of Public Law 100–690 (102 Stat. 4339–4340),

15 and, in addition, $2,200,000, to remain available until ex16 pended, for payments as authorized by section 1201(b) of

17 said Act.

18 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

19 SEC. 101. In addition to amounts otherwise made

20 available in this title for official reception and representa21 tion expenses, a total of not to exceed $45,000 from funds

22 appropriated to the Department of Justice in this title

23 shall be available to the Attorney General for official re24 ception and representation expenses in accordance with

25 distributions, procedures, and regulations established by

26 the Attorney General.
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•HR 3814 EH

1 SEC. 102. Authorities contained in the Department

2 of Justice Appropriation Authorization Act, Fiscal Year

3 1980 (Pub. L. 96–132, 93 Stat. 1040 (1979)), as amend4 ed, shall remain in effect until the termination date of this

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

6 Appropriation Authorization Act, whichever is earlier.

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

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

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

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

11 That should this prohibition be declared unconstitutional

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

13 null and void.

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

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

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

17 SEC. 105. Nothing in the preceding section shall re18 move the obligation of the Director of the Bureau of Pris19 ons to provide escort services necessary for a female in20 mate to receive such service outside the Federal facility:

21 Provided, That nothing in this section in any way dimin22 ishes the effect of section 104 intended to address the phil23 osophical beliefs of individual employees of the Bureau of

24 Prisons.
37

•HR 3814 EH

1 SEC. 106. Notwithstanding any other provision of

2 law, not to exceed $10,000,000 of the funds made avail3 able in this Act may be used to establish and publicize

4 a program under which publicly-advertised, extraordinary

5 rewards may be paid, which shall not be subject to spend6 ing limitations contained in sections 3059 and 3072 of

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

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

9 may not be made without the personal approval of the

10 President or the Attorney General and such approval may

11 not be delegated.

12 SEC. 107. Not to exceed 5 percent of any appropria13 tion made available for the current fiscal year for the De14 partment of Justice in this Act, including those derived

15 from the Violent Crime Reduction Trust Fund, may be

16 transferred between such appropriations, but no such ap17 propriation, except as otherwise specifically provided, shall

18 be increased by more than 10 percent by any such trans19 fers: Provided, That any transfer pursuant to this section

20 shall be treated as a reprogramming of funds under sec21 tion 605 of this Act and shall not be available for obliga22 tion except in compliance with the procedures set forth

23 in that section.
38

•HR 3814 EH

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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•HR 3814 EH

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-
40

•HR 3814 EH

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.
41

•HR 3814 EH

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-
42

•HR 3814 EH

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 not be available for obligation unless an im25 plementation plan as set forth in subsection (e) is submit-
43

•HR 3814 EH

1 ted to each member of the Committees on the Judiciary

2 and Appropriations of both the House of Representatives

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

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

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

6 treated as a reprogramming of funds under section 605

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

8 Judiciary, and Related Agencies Appropriations Act,

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

11 in that section and this section.

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

13 plan shall include:

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

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

18 currently provided by carriers;

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

21 agencies expect to perform (capacity requirements),

22 as well as the ‘‘historical baseline electronic surveil23 lance activity’’ on which the proposed capacity re24 quirements are based;
44

•HR 3814 EH

1 ‘‘(3) a detailed county by county listing of pro2 posed actual and maximum capacity requirements;

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

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

10 maximum capacities requested by law enforcement,

11 the full cost of training telecommunications carrier

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

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

16 with this Act; and

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

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

22 reimbursement.

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

25 report specifically detailing all deposits and expenditures
45

•HR 3814 EH

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

2 shall be submitted to each member of the Committees on

3 the Judiciary and Appropriations of both the House of

4 Representatives and the Senate, and to the Speaker and

5 minority leader of the House of Representatives and to

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

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

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

9 Drug Enforcement Administration, together with other

10 appropriate Federal agencies, should take such actions as

11 may be necessary to end the illegal importation into the

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

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

16 Appropriations Act, 1997’’.

17 TITLE II—DEPARTMENT OF COMMERCE AND

18 RELATED AGENCIES

19 TRADE AND INFRASTRUCTURE DEVELOPMENT

20 RELATED AGENCIES

21 OFFICE OF THE UNITED STATES TRADE

22 REPRESENTATIVE

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of the United

25 States Trade Representative, including the hire of pas-
46

•HR 3814 EH

1 senger motor vehicles and the employment of experts and

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

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

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

5 for official reception and representation expenses.

6 INTERNATIONAL TRADE COMMISSION

7 SALARIES AND EXPENSES

8 For necessary expenses of the International Trade

9 Commission, including hire of passenger motor vehicles,

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

11 exceed $2,500 for official reception and representation ex12 penses, $40,000,000, to remain available until expended.

13 DEPARTMENT OF COMMERCE

14 INTERNATIONAL TRADE ADMINISTRATION

15 OPERATIONS AND ADMINISTRATION

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

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

20 the purpose of promoting exports of United States firms,

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

22 coverage for dependent members of immediate families of

23 employees stationed overseas and employees temporarily

24 posted overseas; travel and transportation of employees of

25 the United States and Foreign Commercial Service be-
47

•HR 3814 EH

1 tween two points abroad, without regard to 49 U.S.C.

2 1517; employment of Americans and aliens by contract for

3 services; rental of space abroad for periods not exceeding

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

6 exhibition structures for use abroad; payment of tort

7 claims, in the manner authorized in the first paragraph

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

10 expenses abroad; purchase of passenger motor vehicles for

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

13 and teletype equipment; $272,000,000, to remain avail14 able until expended: Provided, That the provisions of the

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

16 of the Mutual Educational and Cultural Exchange Act of

17 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car18 rying out these activities without regard to section 5412

19 of the Omnibus Trade and Competitiveness Act of 1988

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

21 contributions under the provisions of the Mutual Edu22 cational and Cultural Exchange Act shall include payment

23 for assessments for services provided as part of these ac24 tivities.
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•HR 3814 EH

1 EXPORT ADMINISTRATION

2 OPERATIONS AND ADMINISTRATION

3 For necessary expenses for export administration and

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

6 export administration field activities both domestically and

7 abroad; full medical coverage for dependent members of

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

10 abroad; rental of space abroad for periods not exceeding

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

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

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

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

18 of passenger motor vehicles for official use and motor vehi19 cles for law enforcement use with special requirement vehi20 cles eligible for purchase without regard to any price limi21 tation otherwise established by law; $38,604,000, to re22 main available until expended: Provided, That the provi23 sions of the first sentence of section 105(f) and all of sec24 tion 108(c) of the Mutual Educational and Cultural Ex25 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
49

•HR 3814 EH

1 apply in carrying out these activities: Provided further,

2 That payments and contributions collected and accepted

3 for materials or services provided as part of such activities

4 may be retained for use in covering the cost of such activi5 ties, and for providing information to the public with re6 spect to the export administration and national security

7 activities of the Department of Commerce and other ex8 port control programs of the United States and other gov9 ernments.

10 ECONOMIC DEVELOPMENT ADMINISTRATION

11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

12 For grants for economic development assistance as

13 provided by the Public Works and Economic Development

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

15 laws that were in effect immediately before September 30,

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

17 Provided, That none of the funds appropriated or other18 wise made available under this heading may be used di19 rectly or indirectly for attorneys’ or consultants’ fees in

20 connection with securing grants and contracts made by

21 the Economic Development Administration: Provided fur22 ther, That, notwithstanding any other provision of law, the

23 Secretary of Commerce may provide financial assistance

24 for projects to be located on military installations closed

25 or scheduled for closure or realignment to grantees eligible
50

•HR 3814 EH

1 for assistance under the Public Works and Economic De2 velopment Act of 1965, as amended, without it being re3 quired that the grantee have title or ability to obtain a

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

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

6 financial assistance is necessary for the economic develop7 ment of the area: Provided further, That the Secretary of

8 Commerce may, as the Secretary considers appropriate,

9 consult with the Secretary of Defense regarding the title

10 to land on military installations closed or scheduled for

11 closure or realignment.

12 SALARIES AND EXPENSES

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

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

16 to monitor projects approved pursuant to title I of the

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

18 II of the Trade Act of 1974, as amended, and the Commu19 nity Emergency Drought Relief Act of 1977.

20 MINORITY BUSINESS DEVELOPMENT AGENCY

21 MINORITY BUSINESS DEVELOPMENT

22 For necessary expenses of the Department of Com23 merce in fostering, promoting, and developing minority

24 business enterprise, including expenses of grants, con25 tracts, and other agreements with public or private organi26 zations, $29,000,000: Provided, That of the total amount
51

•HR 3814 EH

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

2 expenditure only for projects jointly developed, imple3 mented and administered with the Small Business Admin4 istration.

5 ECONOMIC AND INFORMATION INFRASTRUCTURE

6 ECONOMIC AND STATISTICAL ANALYSIS

7 SALARIES AND EXPENSES

8 For necessary expenses, as authorized by law, of eco9 nomic and statistical analysis programs of the Department

10 of Commerce, $45,900,000, to remain available until Sep11 tember 30, 1998.

12 ECONOMICS AND STATISTICS ADMINISTRATION

13 REVOLVING FUND

14 The Secretary of Commerce is authorized to dissemi15 nate economic and statistical data products as authorized

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

17 1525–1527) and, notwithstanding section 5412 of the

18 Omnibus Trade and Competitiveness Act of 1988 (15

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

20 costs incurred in their production. Notwithstanding 31

21 U.S.C. 3302, receipts received from these data dissemina22 tion activities shall be credited to this account, to be avail23 able for carrying out these purposes without further ap24 propriation.
52

•HR 3814 EH

1 BUREAU OF THE CENSUS

2 SALARIES AND EXPENSES

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

5 by law, $133,617,000.

6 PERIODIC CENSUSES AND PROGRAMS

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

9 law, $205,100,000, to remain available until expended.

10 NATIONAL TELECOMMUNICATIONS AND INFORMATION

11 ADMINISTRATION

12 SALARIES AND EXPENSES

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

14 the National Telecommunications and Information Ad15 ministration, $15,000,000 to remain available until ex16 pended: Provided, That notwithstanding 31 U.S.C.

17 1535(d), the Secretary of Commerce shall charge Federal

18 agencies for costs incurred in spectrum management,

19 analysis, and operations, and related services and such

20 fees shall be retained and used as offsetting collections for

21 costs of such spectrum services, to remain available until

22 expended: Provided further, That the Secretary of Com23 merce is authorized to retain and use as offsetting collec24 tions all funds transferred, or previously transferred, from

25 other Government agencies for all costs incurred in tele26 communications research, engineering, and related activi-
53

•HR 3814 EH

1 ties by the Institute for Telecommunication Sciences of

2 the NTIA, in furtherance of its assigned functions under

3 this paragraph, and such funds received from other Gov4 ernment agencies shall remain available until expended.

5 PUBLIC BROADCASTING FACILITIES, PLANNING AND

6 CONSTRUCTION

7 For grants authorized by section 392 of the Commu8 nications Act of 1934, as amended, $10,250,000 (in9 creased by $5,000,000), to remain available until ex10 pended as authorized by section 391 of the Act, as amend11 ed: Provided, That not to exceed $1,500,000 shall be avail12 able for program administration as authorized by section

13 391 of the Act: Provided further, That notwithstanding the

14 provisions of section 391 of the Act, the prior year unobli15 gated balances may be made available for grants for

16 projects for which applications have been submitted and

17 approved during any fiscal year.

18 INFORMATION INFRASTRUCTURE GRANTS

19 For grants authorized by section 392 of the Commu20 nications Act of 1934, as amended, $21,490,000, to re21 main available until expended as authorized by section 391

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

23 $3,000,000 shall be available for program administration

24 and other support activities as authorized by section 391:

25 Provided further, That of the funds appropriated herein,

26 not to exceed 5 percent may be available for telecommuni-
54

•HR 3814 EH

1 cations research activities for projects related directly to

2 the development of a national information infrastructure:

3 Provided further, That notwithstanding the requirements

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

5 be used for the planning and construction of telecommuni6 cations networks for the provision of educational, cultural,

7 health care, public information, public safety, or other so8 cial services.

9 PATENT AND TRADEMARK OFFICE

10 SALARIES AND EXPENSES

11 For necessary expenses of the Patent and Trademark

12 Office provided for by law, including defense of suits insti13 tuted against the Commissioner of Patents and Trade14 marks, $100,000,000 (reduced by $33,748,000) (reduced

15 by $5,000,000), to remain available until expended: Pro16 vided, That the funds made available under this heading

17 are to be derived from deposits in the Patent and Trade18 mark Office Fee Surcharge Fund as authorized by law:

19 Provided further, That the amounts made available under

20 the Fund shall not exceed amounts deposited; and such

21 fees as shall be collected pursuant to 15 U.S.C. 1113 and

22 35 U.S.C. 41 and 376, shall remain available until ex23 pended.
55

•HR 3814 EH

1 SCIENCE AND TECHNOLOGY

2 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

3 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

4 For necessary expenses of the National Institute of

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

6 available until expended, of which not to exceed

7 $1,625,000 may be transferred to the ‘‘Working Capital

8 Fund’’.

9 INDUSTRIAL TECHNOLOGY SERVICES

10 For necessary expenses of the Manufacturing Exten11 sion Partnership of the National Institute of Standards

12 and Technology, $89,900,000, to remain available until

13 expended, of which not to exceed $300,000 may be trans14 ferred to the ‘‘Working Capital Fund’’.

15 In addition, for necessary expenses of the Advanced

16 Technology Program of the National Institute of Stand17 ards and Technology, $110,500,000, to remain available

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

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

20 That none of the funds made available under this heading

21 may be used for the purposes of carrying out additional

22 program competitions under the Advanced Technology

23 Program: Provided further, That funds made available for

24 the Advanced Technology Program under this heading and

25 any unobligated balances available from carryover of prior

26 year appropriations for such program may be used only
56

•HR 3814 EH

1 for the purposes of providing continuation grants for

2 comptetitions completed prior to October 1, 1995: Pro3 vided further, That such continuation grants shall be pro4 vided only to single applicants or joint venture partici5 pants which are small businesses: Provided further, That

6 such funds for the Advanced Technology Program are pro7 vided for the purposes of closing out all commitments for

8 such program.

9 NATIONAL OCEANIC AND ATMOSPHERIC

10 ADMINISTRATION

11 OPERATIONS, RESEARCH, AND FACILITIES

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of activities authorized by

14 law for the National Oceanic and Atmospheric Adminis15 tration, including acquisition, maintenance, operation,

16 and hire of aircraft; not to exceed 200 commissioned offi17 cers on the active list as of April 1, 1997, and no com18 missioned officers on the active list as of September 30,

19 1997; grants, contracts, or other payments to nonprofit

20 organizations for the purposes of conducting activities

21 pursuant to cooperative agreements; and alteration, mod22 ernization, and relocation of facilities as authorized by 33

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

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

25 3302 but consistent with other existing law, fees shall be

26 assessed, collected, and credited to this appropriation as
57

•HR 3814 EH

1 offsetting collections to be available until expended, to re2 cover the costs of administering aeronautical charting

3 programs: Provided further, That the sum herein appro4 priated from the general fund shall be reduced as such

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

6 to result in a final general fund appropriation estimated

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

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

9 in fiscal year 1997 shall not be available for obligation

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

11 donations received by the National Ocean Service for the

12 management of the national marine sanctuaries may be

13 retained and used for the salaries and expenses associ14 ated with those activities, notwithstanding 31 U.S.C.

15 3302: Provided further, That in addition, $68,000,000

16 shall be derived by transfer from the fund entitled ‘‘Pro17 mote and Develop Fishery Products and Research Per18 taining to American Fisheries’’: Provided further, That

19 grants to States pursuant to sections 306 and 306A of

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

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

22 the $1,839,176,000 provided for in direct obligations

23 under this heading (of which $1,735,200,000 is appro24 priated from the general fund, $73,276,000 is provided

25 by transfer, and $30,700,000 is derived from unobligated
58

•HR 3814 EH

1 balances and deobligations from prior years),

2 $182,660,000 shall be for the National Ocean Service,

3 $298,907,000 shall be for the National Marine Fisheries

4 Service, $231,826,000 shall be for Oceanic and Atmos5 pheric Research, $633,010,000 shall be for the National

6 Weather Service, $425,897,000 shall be for the National

7 Environmental Satellite, Data, and Information Service,

8 $66,876,000 shall be for Program Support.

9 COASTAL ZONE MANAGEMENT FUND

10 Of amounts collected pursuant to section 308 of

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

12 1456a), not to exceed $7,800,000, for purposes set forth

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

14 such Act.

15 CONSTRUCTION

16 For repair and modification of, and additions to, ex17 isting facilities and construction of new facilities, and for

18 facility planning and design and land acquisition not oth19 erwise provided for the National Oceanic and Atmos20 pheric Administration, $36,000,000, to remain available

21 until expended.

22 FLEET MODERNIZATION, SHIPBUILDING AND

23 CONVERSION

24 For expenses necessary for the repair, acquisition,

25 leasing, or conversion of vessels, including related equip26 ment to maintain and modernize the existing fleet and to
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•HR 3814 EH

1 continue planning the modernization of the fleet, for the

2 National Oceanic and Atmospheric Administration,

3 $6,000,000, to remain available until expended.

4 FISHING VESSEL AND GEAR DAMAGE COMPENSATION

5 FUND

6 For carrying out the provisions of section 3 of Pub7 lic Law 95–376, not to exceed $200,000, to be derived

8 from receipts collected pursuant to subsections (b) and

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

10 1967 (22 U.S.C. 1980), to remain available until ex11 pended.

12 FISHERMEN’S CONTINGENCY FUND

13 For carrying out the provisions of title IV of Public

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

15 from receipts collected pursuant to that Act, to remain

16 available until expended.

17 FOREIGN FISHING OBSERVER FUND

18 For expenses necessary to carry out the provisions

19 of the Atlantic Tunas Convention Act of 1975, as amend20 ed (Public Law 96–339), the Magnuson Fishery Con21 servation and Management Act of 1976, as amended

22 (Public Law 100–627), and the American Fisheries Pro23 motion Act (Public Law 96–561), to be derived from the

24 fees imposed under the foreign fishery observer program

25 authorized by these Acts, not to exceed $196,000, to re26 main available until expended.
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•HR 3814 EH

1 FISHING VESSEL OBLIGATIONS GUARANTEES

2 For the cost of guaranteed loans, $250,000, as au3 thorized by the Merchant Marine Act of 1936, as amend4 ed: Provided, That such costs, including the cost of modi5 fying such loans, shall be as defined in section 502 of the

6 Congressional Budget Act of 1974: Provided further,

7 That none of the funds made available under this head8 ing may be used to guarantee loans for any new fishing

9 vessel that will increase the harvesting capacity in any

10 United States fishery.

11 TECHNOLOGY ADMINISTRATION

12 UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF

13 TECHNOLOGY POLICY

14 SALARIES AND EXPENSES

15 For necessary expenses for the Under Secretary for

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

17 GENERAL ADMINISTRATION

18 SALARIES AND EXPENSES

19 For expenses necessary for the general administra20 tion of the Department of Commerce provided for by law,

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

22 $27,400,000.

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector

25 General in carrying out the provisions of the Inspector
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•HR 3814 EH

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

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

3 NATIONAL OCEANIC AND ATMOSPHERIC

4 ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 (RESCISSION)

7 Of the unobligated balances available under this

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

9 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

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

11 appropriations and funds made available to the Depart12 ment of Commerce by this Act shall be available for the

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

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

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

16 be used for advanced payments not otherwise authorized

17 only upon the certification of officials designated by the

18 Secretary that such payments are in the public interest.

19 SEC. 202. During the current fiscal year, appropria20 tions made available to the Department of Commerce by

21 this Act for salaries and expenses shall be available for

22 hire of passenger motor vehicles as authorized by 31

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

24 3109; and uniforms or allowances therefor, as authorized

25 by law (5 U.S.C. 5901–5902).
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•HR 3814 EH

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

2 Act may be used to support the hurricane reconnaissance

3 aircraft and activities that are under the control of the

4 United States Air Force or the United States Air Force

5 Reserve.

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

7 previous Act, or hereinafter made available to the Depart8 ment of Commerce, shall be available to reimburse the Un9 employment Trust Fund or any other fund or account of

10 the Treasury to pay for any expenses paid before October

11 1, 1992, as authorized by section 8501 of title 5, United

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

13 by individuals appointed to temporary positions within the

14 Bureau of the Census for purposes relating to the 1990

15 decennial census of population.

16 SEC. 205. Not to exceed 5 percent of any appropria17 tion made available for the current fiscal year for the De18 partment of Commerce in this Act may be transferred be19 tween such appropriations, but no such appropriation 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 or expenditure except in compliance with the proce25 dures set forth in that section.
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•HR 3814 EH

1 SEC. 206. (a) Should legislation be enacted to dis2 mantle or reorganize the Department of Commerce, the

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

4 shall submit to the Committees on Appropriations of the

5 House and the Senate a plan for transferring funds pro6 vided in this Act to the appropriate successor organiza7 tions: Provided, That the plan shall include a proposal for

8 transferring or rescinding funds appropriated herein for

9 agencies or programs terminated under such legislation:

10 Provided further, That such plan shall be transmitted in

11 accordance with section 605 of this Act.

12 (b) The Secretary of Commerce or the appropriate

13 head of any successor organization(s) may use any avail14 able funds to carry out legislation dismantling or reor15 ganizing the Department of Commerce to cover the costs

16 of actions relating to the abolishment, reorganization, or

17 transfer of functions and any related personnel action, in18 cluding voluntary separation incentives if authorized by

19 such legislation: Provided, That the authority to transfer

20 funds between appropriations accounts that may be nec21 essary to carry out this section is provided in addition to

22 authorities included under section 205 of this Act: Pro23 vided further, That use of funds to carry out this section

24 shall be treated as a reprogramming of funds under sec25 tion 605 of this Act and shall not be available for obliga-
64

•HR 3814 EH

1 tion or expenditure except in compliance with the proce2 dures set forth in that section.

3 SEC. 207. Any costs incurred by a Department or

4 agency funded under this title resulting from personnel

5 actions taken in response to funding reductions included

6 in this title shall be absorbed within the total budgetary

7 resources available to such Department or agency: Pro8 vided, That the authority to transfer funds between appro9 priations accounts as may be necessary to carry out this

10 section is provided in addition to authorities included else11 where in this Act: Provided further, That use of funds to

12 carry out this section shall be treated as a reprogramming

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

14 available for obligation or expenditure except in compli15 ance with the procedures set forth in that section.

16 SEC. 208. None of the funds appropriated under this

17 Act or any other Act may be used to develop new fishery

18 management plans, amendments, or regulations which cre19 ate new individual fishing quota, individual transferable

20 quota, or new individual transferable effort allocation pro21 grams, or to implement any such plans, amendments, or

22 regulations approved by a Regional Fishery Management

23 Council or the Secretary of Commerce after January 4,

24 1995, until offsetting fees to pay for the cost of admin25 istering such plans, amendments, or regulations are ex-
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•HR 3814 EH

1 pressly authorized under the Magnuson Fishery Conserva2 tion and Management Act (16 U.S.C. 1801 et seq.). This

3 restriction shall not apply in any way to any such pro4 grams approved by the Secretary of Commerce prior to

5 January 4, 1995.

6 SEC. 209. The Secretary may award contracts for hy7 drographic, geodetic, and photogrammetric surveying and

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

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

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

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

15 services and projects as the Director of the Census Bureau

16 determines may be performed more advantageously when

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

18 the fullest extent practicable, be used to make unnecessary

19 the maintenance of separate like services in the divisions

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

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

25 That notwithstanding 31 U.S.C. 3302, the Working Cap-
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•HR 3814 EH

1 ital Fund may be credited with advances and reimburse2 ments from applicable appropriations of the Bureau and

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

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

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

11 Fund shall provide for centralized services at rates which

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

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

16 operating reserve as determined by the Director.

17 This title may be cited as the ‘‘Department of Com18 merce and Related Agencies Appropriations Act, 1997’’.

19 TITLE III—THE JUDICIARY

20 SUPREME COURT OF THE UNITED STATES

21 SALARIES AND EXPENSES

22 For expenses necessary for the operation of the Su23 preme Court, as required by law, excluding care of the

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

25 maintenance, and operation of an automobile for the Chief
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•HR 3814 EH

1 Justice, not to exceed $10,000 for the purpose of trans2 porting Associate Justices, and hire of passenger motor

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

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

5 expenses; and for miscellaneous expenses, to be expended

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

7 CARE OF THE BUILDING AND GROUNDS

8 For such expenditures as may be necessary to enable

9 the Architect of the Capitol to carry out the duties im10 posed upon him by the Act approved May 7, 1934 (40

11 U.S.C. 13a–13b), $2,490,000, of which $260,000 shall re12 main available until expended.

13 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

14 CIRCUIT

15 SALARIES AND EXPENSES

16 For salaries of the chief judge, judges, and other offi17 cers and employees, and for necessary expenses of the

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

19 UNITED STATES COURT OF INTERNATIONAL TRADE

20 SALARIES AND EXPENSES

21 For salaries of the chief judge and eight judges, sala22 ries of the officers and employees of the court, services

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

24 of the court, as authorized by law, $11,114,000.
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•HR 3814 EH

1 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

2 JUDICIAL SERVICES

3 SALARIES AND EXPENSES

4 For the salaries of circuit and district judges (includ5 ing judges of the territorial courts of the United States),

6 justices and judges retired from office or from regular ac7 tive service, judges of the United States Court of Federal

8 Claims, bankruptcy judges, magistrate judges, and all

9 other officers and employees of the Federal Judiciary not

10 otherwise specifically provided for, and necessary expenses

11 of the courts, as authorized by law, $2,550,956,000 (re12 duced by $12,000,000) (including the purchase of fire13 arms and ammunition); of which not to exceed

14 $13,454,000 shall remain available until expended for

15 space alteration projects; of which not to exceed

16 $10,000,000 shall remain available until expended for fur17 niture and furnishings related to new space alteration and

18 construction projects; and of which $500,000 is to remain

19 available until expended for acquisition of books, periodi20 cals, and newspapers, and all other legal reference mate21 rials, including subscriptions.

22 In addition, for expenses of the United States Court

23 of Federal Claims associated with processing cases under

24 the National Childhood Vaccine Injury Act of 1986, not
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•HR 3814 EH

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

2 Injury Compensation Trust Fund.

3 VIOLENT CRIME REDUCTION PROGRAMS

4 For activities of the Federal Judiciary as authorized

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

6 which shall be derived from the Violent Crime Reduction

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

8 Law 103–322.

9 DEFENDER SERVICES

10 For the operation of Federal Public Defender and

11 Community Defender organizations; the compensation and

12 reimbursement of expenses of attorneys appointed to rep13 resent persons under the Criminal Justice Act of 1964,

14 as amended; the compensation and reimbursement of ex15 penses of persons furnishing investigative, expert and

16 other services under the Criminal Justice Act (18 U.S.C.

17 3006A(e)); the compensation (in accordance with Criminal

18 Justice Act maximums) and reimbursement of expenses

19 of attorneys appointed to assist the court in criminal cases

20 where the defendant has waived representation by counsel;

21 the compensation and reimbursement of travel expenses

22 of guardians ad litem acting on behalf of financially eligi23 ble minor or incompetent offenders in connection with

24 transfers from the United States to foreign countries with

25 which the United States has a treaty for the execution

26 of penal sentences; and the compensation of attorneys ap-
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•HR 3814 EH

1 pointed to represent jurors in civil actions for the protec2 tion of their employment, as authorized by 28 U.S.C.

3 1875(d); $297,000,000, to remain available until ex4 pended as authorized by 18 U.S.C. 3006A(i).

5 FEES OF JURORS AND COMMISSIONERS

6 For fees and expenses of jurors as authorized by 28

7 U.S.C. 1871 and 1876; compensation of jury commis8 sioners as authorized by 28 U.S.C. 1863; and compensa9 tion of commissioners appointed in condemnation cases

10 pursuant to rule 71A(h) of the Federal Rules of Civil Pro11 cedure (28 U.S.C. Appendix Rule 71A(h)); $66,000,000,

12 to remain available until expended: Provided, That the

13 compensation of land commissioners shall not exceed the

14 daily equivalent of the highest rate payable under section

15 5332 of title 5, United States Code.

16 COURT SECURITY

17 For necessary expenses, not otherwise provided for,

18 incident to the procurement, installation, and maintenance

19 of security equipment and protective services for the Unit20 ed States Courts in courtrooms and adjacent areas, in21 cluding building ingress-egress control, inspection of pack22 ages, directed security patrols, and other similar activities

23 as authorized by section 1010 of the Judicial Improvement

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

25 $131,000,000, to be expended directly or transferred to

26 the United States Marshals Service which shall be respon-
71

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1 sible for administering elements of the Judicial Security

2 Program consistent with standards or guidelines agreed

3 to by the Director of the Administrative Office of the Unit4 ed States Courts and the Attorney General.

5 ADMINISTRATIVE OFFICE OF THE UNITED STATES

6 COURTS

7 SALARIES AND EXPENSES

8 For necessary expenses of the Administrative Office

9 of the United States Courts as authorized by law, includ10 ing travel as authorized by 31 U.S.C. 1345, hire of a pas11 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

12 advertising and rent in the District of Columbia and else13 where, $48,500,000, of which not to exceed $7,500 is au14 thorized for official reception and representation expenses.

15 FEDERAL JUDICIAL CENTER

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Judicial Cen18 ter, as authorized by Public Law 90–219, $17,495,000;

19 of which $1,800,000 shall remain available through Sep20 tember 30, 1998, to provide education and training to

21 Federal court personnel; and of which not to exceed

22 $1,000 is authorized for official reception and representa23 tion expenses.
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1 JUDICIAL RETIREMENT FUNDS

2 PAYMENT TO JUDICIARY TRUST FUNDS

3 For payment to the Judicial Officers’ Retirement

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

5 to the Judicial Survivors’ Annuities Fund, as authorized

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

7 States Court of Federal Claims Judges’ Retirement Fund,

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

9 UNITED STATES SENTENCING COMMISSION

10 SALARIES AND EXPENSES

11 For the salaries and expenses necessary to carry out

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

13 Code, $8,300,000, of which not to exceed $1,000 is au14 thorized for official reception and representation expenses.

15 GENERAL PROVISIONS—THE JUDICIARY

16 SEC. 301. Appropriations and authorizations made in

17 this title which are available for salaries and expenses shall

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

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

20 available for salaries and expenses of the Special Court

21 established under the Regional Rail Reorganization Act of

22 1973, Public Law 93–236.

23 SEC. 303. Not to exceed 5 percent of any appropria24 tion made available for the current fiscal year for the Judi25 ciary in this Act may be transferred between such appro-
73

•HR 3814 EH

1 priations, but no such appropriation, except ‘‘Courts of

2 Appeals, District Courts, and other Judicial Services, De3 fender Services’’ and ‘‘Courts of Appeals, District Courts,

4 and other Judicial Services, Fees of Jurors and Commis5 sioners’’, shall be increased by more than 10 percent by

6 any such transfers: Provided, That any transfer pursuant

7 to this section shall be treated as a reprogramming of

8 funds under section 605 of this Act and shall not be avail9 able for obligation or expenditure except in compliance

10 with the procedures set forth in that section.

11 SEC. 304. Notwithstanding any other provision of

12 law, the salaries and expenses appropriation for district

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

14 be available for official reception and representation ex15 penses of the Judicial Conference of the United States:

16 Provided, That such available funds shall not exceed

17 $10,000 and shall be administered by the Director of the

18 Administrative Office of the United States Courts in his

19 capacity as Secretary of the Judicial Conference.

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

21 Code, shall be amended as follows: strike ‘‘1997’’, and in22 sert in lieu thereof ‘‘1998’’.

23 This title may be cited as ‘‘The Judiciary Appropria24 tions Act, 1997’’.
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1 TITLE IV—DEPARTMENT OF STATE AND

2 RELATED AGENCIES

3 DEPARTMENT OF STATE

4 ADMINISTRATION OF FOREIGN AFFAIRS

5 DIPLOMATIC AND CONSULAR PROGRAMS

6 For necessary expenses of the Department of State

7 and the Foreign Service not otherwise provided for, includ8 ing expenses authorized by the State Department Basic

9 Authorities Act of 1956, as amended; representation to

10 certain international organizations in which the United

11 States participates pursuant to treaties, ratified pursuant

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

13 of Congress; acquisition by exchange or purchase of pas14 senger motor vehicles as authorized by 31 U.S.C. 1343,

15 40 U.S.C. 481(c) and 22 U.S.C. 2674; and for expenses

16 of general administration; $1,705,000,000 (reduced by

17 $14,000,000): Provided, That notwithstanding section

18 140(a)(5), and the second sentence of section 140(a)(3),

19 of the Foreign Relations Authorization Act, Fiscal Years

20 1994 and 1995 (Public Law 103–236), not to exceed

21 $150,000,000 of fees may be collected during fiscal year

22 1997 under the authority of section 140(a)(1) of that Act:

23 Provided further, That all fees collected under the preced24 ing proviso shall be deposited in fiscal year 1997 as an

25 offsetting collection to appropriations made under this
75

•HR 3814 EH

1 heading to recover the costs of providing consular services

2 and shall remain available until expended: Provided fur3 ther, That in fiscal year 1998, a system shall be in place

4 that allocates to each department and agency the full cost

5 of its presence outside of the United States.

6 Of the funds provided under this heading,

7 $24,856,000 shall be available only for the Diplomatic

8 Telecommunications Service for operation of existing base

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

10 only for the enhancement of the Diplomatic Telecommuni11 cations Service and shall remain available until expended.

12 Of the latter amount, $2,500,000 shall not be made avail13 able until expiration of the 15 day period beginning on

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

15 the Diplomatic Telecommunications Service submit the

16 pilot program report required by section 507 of Public

17 Law 103–317.

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

19 fees collected pursuant to section 38 of the Arms Export

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

21 section 45 of the State Department Basic Authorities Act

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

23 $1,223,000 shall be derived from fees collected from other

24 executive agencies for lease or use of facilities located at

25 the International Center in accordance with section 4 of
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•HR 3814 EH

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

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

3 such Act, $450,000, to be derived from the reserve author4 ized by that section, to be used for the purposes set out

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

6 which shall be derived from reimbursements, surcharges,

7 and fees for use of Blair House facilities in accordance

8 with section 46 of the State of Department Basic Authori9 ties Act of 1956 (22 U.S.C. 2718(a)).

10 Notwithstanding section 402 of this Act, not to ex11 ceed 20 percent of the amounts made available in this Act

12 in the appropriation accounts ‘‘Diplomatic and Consular

13 Programs’’ and ‘‘Salaries and Expenses’’ under the head14 ing ‘‘Administration of Foreign Affairs’’ may be trans15 ferred between such appropriation accounts: Provided,

16 That any transfer pursuant to this sentence shall be treat17 ed 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 SALARIES AND EXPENSES

22 For expenses necessary for the general administra23 tion of the Department of State and the Foreign Service,

24 provided for by law, including expenses authorized by sec25 tion 9 of the Act of August 31, 1964, as amended (31
77

•HR 3814 EH

1 U.S.C. 3721), and the State Department Basic Authori2 ties Act of 1956, as amended, $352,300,000.

3 CAPITAL INVESTMENT FUND

4 For necessary expenses of the Capital Investment

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

6 as authorized in Public Law 103–236: Provided, That sec7 tion 135(e) of Public Law 103–236 shall not apply to

8 funds appropriated under this heading.

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

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

13 $27,495,000, notwithstanding section 209(a)(1) of the

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

15 465), as it relates to post inspections: Provided, That not16 withstanding any other provision of law, (1) the Office of

17 Inspector General of the United States Information Agen18 cy is hereby merged with the Office of Inspector General

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

20 and assigned to the Office of Inspector General of the

21 United States Information Agency before the effective

22 date of this Act (including all related functions) are trans23 ferred to the Office of Inspector General of the Depart24 ment of State; and (3) the Inspector General of the De25 partment of State shall also serve as the Inspector General

26 of the United States Information Agency.
78

•HR 3814 EH

1 REPRESENTATION ALLOWANCES

2 For representation allowances as authorized by sec3 tion 905 of the Foreign Service Act of 1980, as amended

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

5 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

6 For expenses, not otherwise provided, to enable the

7 Secretary of State to provide for extraordinary protective

8 services in accordance with the provisions of section 214

9 of the State Department Basic Authorities Act of 1956

10 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000, to re11 main available until September 30, 1998.

12 SECURITY AND MAINTENANCE OF UNITED STATES

13 MISSIONS

14 For necessary expenses for carrying out the Foreign

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

16 292–300), and the Diplomatic Security Construction Pro17 gram as authorized by title IV of the Omnibus Diplomatic

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

19 $370,000,000, to remain available until expended as au20 thorized by section 24(c) of the State Department Basic

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

22 That none of the funds appropriated in this paragraph

23 shall be available for acquisition of furniture and furnish24 ings and generators for other departments and agencies.
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•HR 3814 EH

1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

2 SERVICE

3 For expenses necessary to enable the Secretary of

4 State to meet unforeseen emergencies arising in the Diplo5 matic and Consular Service pursuant to the requirement

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

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

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

9 2696(c)), of which not to exceed $1,000,000 may be trans10 ferred to and merged with the Repatriation Loans Pro11 gram Account, subject to the same terms and conditions.

12 REPATRIATION LOANS PROGRAM ACCOUNT

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

14 by section 4 of the State Department Basic Authorities

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

16 including the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of

18 1974. In addition, for administrative expenses necessary

19 to carry out the direct loan program, $663,000 which may

20 be transferred to and merged with the Salaries and Ex21 penses account under Administration of Foreign Affairs.

22 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

23 For necessary expenses to carry out the Taiwan Rela24 tions Act, Public Law 96–8 (93 Stat. 14), $15,001,000.
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1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the Foreign Service Retirement and

4 Disability Fund, as authorized by law, $126,491,000.

5 INTERNATIONAL ORGANIZATIONS AND CONFERENCES

6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7 For expenses, not otherwise provided for, necessary

8 to meet annual obligations of membership in international

9 multilateral organizations, pursuant to treaties ratified

10 pursuant to the advice and consent of the Senate, conven11 tions or specific Acts of Congress, $875,000,000: Pro12 vided, That any payment of arrearages shall be directed

13 toward special activities that are mutually agreed upon by

14 the United States and the respective international organi15 zation: Provided further, That 20 percent of the funds ap16 propriated in this paragraph for the assessed contribution

17 of the United States to the United Nations shall be with18 held from obligation and expenditure until a certification

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

20 fiscal year 1997: Provided further, That certification under

21 section 401(b) of Public Law 103–236 for fiscal year 1997

22 may only be made if the Committees on Appropriations

23 and Foreign Relations of the Senate and the Committees

24 on Appropriations and International Relations of the

25 House of Representatives are notified of the steps taken,
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•HR 3814 EH

1 and anticipated, to meet the requirements of section

2 401(b) of Public Law 103–236 at least 15 days in advance

3 of the proposed certification: Provided further, That none

4 of the funds appropriated in this paragraph shall be avail5 able for a United States contribution to an international

6 organization for the United States share of interest costs

7 made known to the United States Government by such

8 organization for loans incurred on or after October 1,

9 1984, through external borrowings: Provided further, That

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

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

12 after the Secretary of State certifies on a quarterly basis

13 that the United Nations has taken no action to increase

14 funding for any United Nations program without identify15 ing an offsetting decrease elsewhere in the United Nations

16 budget and cause the United Nations to exceed its no

17 growth budget for the biennium 1996–1997 adopted in

18 December, 1995: Provided further, That notwithstanding

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

20 be transferred from the funds made available under this

21 heading to the ‘‘International Conferences and Contin22 gencies’’ account for assessed contributions to new or pro23 visional international organizations: Provided further,

24 That any transfer pursuant to this paragraph shall be

25 treated as a reprogramming of funds under section 605
82

•HR 3814 EH

1 of this Act and shall not be available for obligation or ex2 penditure except in compliance with the procedures set

3 forth in that section.

4 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

5 ACTIVITIES

6 For necessary expenses to pay assessed and other ex7 penses of international peacekeeping activities directed to

8 the maintenance or restoration of international peace and

9 security, $332,400,000, of which $50,000,000 is for pay10 ment of arrearages accumulated in 1995, and which shall

11 be available only upon certification by the Secretary of

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

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

14 the biennial expenses of the following United Nations divi15 sions and activities—the United Nations Conference on

16 Trade and Development, the Regional Economic Commis17 sions, the Department of Public Information, and the De18 partment of Conference Services, travel and overtime; (2)

19 the number of professional and general service staff em20 ployed by the United Nations Secretariat at the conclusion

21 of the 1996–1997 biennium will be at least ten percent

22 below the number of such positions on January 1, 1996;

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

24 for the 1998–1999 biennium that is below

25 $2,608,000,000; as part of a five-year program to achieve

26 major cost-saving reforms in the United Nations and spe-
83

•HR 3814 EH

1 cialized agencies: Provided, That none of the funds made

2 available under this Act shall be obligated or expended for

3 any new or expanded United Nations peacekeeping mis4 sion unless, at least fifteen days in advance of voting for

5 the new or expanded mission in the United Nations Secu6 rity Council (or in an emergency, as far in advance as

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

8 the House of Representatives and the Senate and other

9 appropriate Committees of the Congress are notified of the

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

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

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

13 of this Act is submitted, and the procedures therein fol14 lowed, setting forth the source of funds that will be used

15 to pay for the cost of the new or expanded mission: Pro16 vided further, That funds shall be available for peacekeep17 ing expenses only upon a certification by the Secretary of

18 State to the appropriate committees of the Congress that

19 American manufacturers and suppliers are being given op20 portunities to provide equipment, services, and material

21 for United Nations peacekeeping activities equal to those

22 being given to foreign manufacturers and suppliers.
84

•HR 3814 EH

1 INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for,

3 to meet obligations of the United States arising under

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

5 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

6 UNITED STATES AND MEXICO

7 For necessary expenses for the United States Section

8 of the International Boundary and Water Commission,

9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed

11 $6,000 for representation; as follows:

12 SALARIES AND EXPENSES

13 For salaries and expenses, not otherwise provided for,

14 $18,490,000.

15 CONSTRUCTION

16 For detailed plan preparation and construction of au17 thorized projects, $6,463,000, to remain available until ex18 pended, as authorized by section 24(c) of the State De19 partment Basic Authorities Act of 1956 (22 U.S.C.

20 2696(c)).

21 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

22 For necessary expenses, not otherwise provided for

23 the International Joint Commission and the International

24 Boundary Commission, United States and Canada, as au25 thorized by treaties between the United States and Can26 ada or Great Britain, and for the Border Environment
85

•HR 3814 EH

1 Cooperation Commission as authorized by Public Law

2 103–182; $5,490,000, of which not to exceed $9,000 shall

3 be available for representation expenses incurred by the

4 International Joint Commission.

5 INTERNATIONAL FISHERIES COMMISSIONS

6 For necessary expenses for international fisheries

7 commissions, not otherwise provided for, as authorized by

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

9 of such expenses may be advanced to the respective com10 missions, pursuant to 31 U.S.C. 3324.

11 OTHER

12 PAYMENT TO THE ASIA FOUNDATION

13 For a grant to the Asia Foundation, as authorized

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

15 remain available until expended, as authorized by section

16 24(c) of the State Department Basic Authorities Act of

17 1956 (22 U.S.C. 2696(c)).

18 RELATED AGENCIES

19 ARMS CONTROL AND DISARMAMENT AGENCY

20 ARMS CONTROL AND DISARMAMENT ACTIVITIES

21 For necessary expenses not otherwise provided, for

22 arms control, nonproliferation, and disarmament activi23 ties, $38,495,000, of which not to exceed $50,000 shall

24 be for official reception and representation expenses as au25 thorized by the Act of September 26, 1961, as amended

26 (22 U.S.C. 2551 et seq.).
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1 UNITED STATES INFORMATION AGENCY

2 SALARIES AND EXPENSES

3 For expenses, not otherwise provided for, necessary

4 to enable the United States Information Agency, as au5 thorized by the Mutual Educational and Cultural Ex6 change Act of 1961, as amended (22 U.S.C. 2451 et seq.),

7 the United States Information and Educational Exchange

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

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

10 carry out international communication, educational and

11 cultural activities; and to carry out related activities au12 thorized by law, including employment, without regard to

13 civil service and classification laws, of persons on a tem14 porary basis (not to exceed $700,000 of this appropria15 tion), as authorized by section 801 of such Act of 1948

16 (22 U.S.C. 1471), and entertainment, including official re17 ceptions, within the United States, not to exceed $25,000

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

19 U.S.C. 1474(3)); $439,300,000: Provided, That not to ex20 ceed $1,400,000 may be used for representation abroad

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

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

23 of 1980 (22 U.S.C. 4085): Provided further, That not to

24 exceed $7,615,000, to remain available until expended,

25 may be credited to this appropriation from fees or other
87

•HR 3814 EH

1 payments received from or in connection with English

2 teaching, library, motion pictures, student advising and

3 counseling, and publication programs as authorized by

4 section 810 of such Act of 1948 (22 U.S.C. 1475e): Pro5 vided further, That not to exceed $1,100,000 to remain

6 available until expended may be used to carry out projects

7 involving security construction and related improvements

8 for agency facilities not physically located together with

9 Department of State facilities abroad.

10 TECHNOLOGY FUND

11 For expenses necessary to enable the United States

12 Information Agency to provide for the procurement of in13 formation technology improvements, as authorized by the

14 United States Information and Educational Exchange Act

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

16 Educational and Cultural Exchange Act of 1961, as

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

18 Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re19 main available until expended.

20 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

21 For expenses of educational and cultural exchange

22 programs, as authorized by the Mutual Educational and

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

24 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91

25 Stat. 1636), $185,000,000, to remain available until ex-
88

•HR 3814 EH

1 pended as authorized by section 105 of such Act of 1961

2 (22 U.S.C. 2455).

3 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST

4 FUND

5 For necessary expenses of Eisenhower Exchange Fel6 lowships, Incorporated, as authorized by sections 4 and

7 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

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

9 the Eisenhower Exchange Fellowship Program Trust

10 Fund on or before September 30, 1997, to remain avail11 able until expended: Provided, That none of the funds ap12 propriated herein shall be used to pay any salary or other

13 compensation, or to enter into any contract providing for

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

15 5 U.S.C. 5376; or for purposes which are not in accord16 ance with OMB Circulars A–110 (Uniform Administrative

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

18 Organizations), including the restrictions on compensation

19 for personal services.

20 ISRAELI ARAB SCHOLARSHIP PROGRAM

21 For necessary expenses of the Israeli Arab Scholar22 ship Program as authorized by section 214 of the Foreign

23 Relations Authorization Act, Fiscal Years 1992 and 1993

24 (22 U.S.C. 2452), all interest and earnings accruing to

25 the Israeli Arab Scholarship Fund on or before September

26 30, 1997, to remain available until expended.
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1 INTERNATIONAL BROADCASTING OPERATIONS

2 For expenses necessary to enable the United States

3 Information Agency, as authorized by the United States

4 Information and Educational Exchange Act of 1948, as

5 amended, the United States International Broadcasting

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

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

8 to carry out international communication activities, in9 cluding the purchase, installation, rent, construction, or

10 improvement of facilities and equipment for radio trans11 mission and reception to Cuba; $335,700,000, of which

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

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

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

15 $35,000 may be used for representation abroad as author16 ized by section 302 of such Act of 1948 (22 U.S.C. 1452)

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

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

19 official reception and representation expenses of Radio

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

21 $250,000 from fees as authorized by section 810 of such

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

23 expended for carrying out authorized purposes; and in ad24 dition, notwithstanding any other provision of law, not to

25 exceed $1,000,000 in monies received (including receipts
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•HR 3814 EH

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

2 States Information Agency from or in connection with

3 broadcasting resources owned by or on behalf of the Agen4 cy, to be available until expended for carrying out author5 ized purposes: Provided, That, of the amount provided

6 under this heading, $9,300,000 may be made available for

7 grants for the operating costs of Radio Free Asia under

8 section 309 of the United States International Broadcast9 ing Act of 1994.

10 RADIO CONSTRUCTION

11 For the purchase, rent, construction, and improve12 ment of facilities for radio transmission and reception, and

13 purchase and installation of necessary equipment for radio

14 and television transmission and reception as authorized by

15 section 801 of the United States Information and Edu16 cational Exchange Act of 1948 (22 U.S.C. 1471),

17 $39,000,000, to remain available until expended, as au18 thorized by section 704(a) of such Act of 1948 (22 U.S.C.

19 1477b(a)).

20 NATIONAL ENDOWMENT FOR DEMOCRACY

21 For grants made by the United States Information

22 Agency to the National Endowment for Democracy as au23 thorized by the National Endowment for Democracy Act,

24 $30,000,000, to remain available until expended.
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•HR 3814 EH

1 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

2 RELATED AGENCIES

3 SEC. 401. Funds appropriated under this title shall

4 be available, except as otherwise provided, for allowances

5 and differentials as authorized by subchapter 59 of 5

6 U.S.C.; for services as authorized by 5 U.S.C. 3109; and

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

8 1343(b).

9 SEC. 402. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the De11 partment of State in this Act may be transferred between

12 such appropriations, but no such appropriation, except as

13 otherwise specifically provided, shall be increased by more

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

15 to exceed 5 percent of any appropriation made available

16 for the current fiscal year for the United States Informa17 tion Agency in this Act may be transferred between such

18 appropriations, but no such appropriation, except as oth19 erwise specifically provided, shall be increased by more

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

21 That any transfer pursuant to this section shall be treated

22 as a reprogramming of funds under section 605 of this

23 Act and shall not be available for obligation or expenditure

24 except in compliance with the procedures set forth in that

25 section.
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1 SEC. 403. Funds hereafter appropriated or otherwise

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

3 expended for compensation of the United States Commis4 sioner of the International Boundary Commission, United

5 States and Canada, only for actual hours worked by such

6 Commissioner.

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

8 United States Information Agency, the Arms Control and

9 Disarmament Agency, and the Department of State may

10 be obligated and expended notwithstanding section 701 of

11 the United States Information and Educational Exchange

12 Act of 1948 and section 313 of the Foreign Relations Au13 thorization Act, Fiscal Years 1994 and 1995, section 53

14 of the Arms Control and Disarmament Act, and section

15 15 of the State Department Basic Authorities Act of

16 1956.

17 SEC. 405. Any costs incurred by a Department or

18 agency funded under this title resulting from personnel

19 actions taken in response to funding reductions included

20 in this title shall be absorbed within the total budgetary

21 resources available to such Department or agency: Pro22 vided, That the authority to transfer funds between appro23 priations accounts as may be necessary to carry out this

24 section is provided in addition to authorities included else25 where in this Act: Provided further, That use of funds to
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1 carry out this section shall be treated as a reprogramming

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

3 available for obligation or expenditure except in compli4 ance with the procedures set forth in that section.

5 SEC. 406. None of the funds made available by this

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

7 the negotiating activities of the Standing Consultative

8 Commission (SCC) or to implement agreements, amend9 ments, or understandings to the Anti-Ballistic Missile

10 Treaty of 1972 (hereafter referred to as the ‘‘ABM Trea11 ty’’) reached after January 1, 1996 by the Standing Con12 sultative Commission or pursuant to United States-Rus13 sian bilateral discussions regarding the establishment of

14 a demarcation between theater missile defense systems

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

16 ABM Treaty or multilateralization of the ABM Treaty un17 less the President certifies to the Congress that any

18 amendments, agreements, or understandings reached pur19 suant to these activities or discussions will be submitted

20 to the Senate for its advice and consent.

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

22 and Related Agencies Appropriations Act, 1997’’.
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1 TITLE V—RELATED AGENCIES

2 DEPARTMENT OF TRANSPORTATION

3 MARITIME ADMINISTRATION

4 OPERATING-DIFFERENTIAL SUBSIDIES

5 (LIQUIDATION OF CONTRACT AUTHORITY)

6 For the payment of obligations incurred for operat7 ing-differential subsidies, as authorized by the Merchant

8 Marine Act, 1936, as amended, $148,430,000, to remain

9 available until expended.

10 MARITIME SECURITY PROGRAM

11 For necessary expenses to maintain and preserve a

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

13 needs of the United States, $63,000,000, to remain avail14 able until expended: Provided, That these funds will be

15 available only upon enactment of an authorization for this

16 program.

17 OPERATIONS AND TRAINING

18 For necessary expenses of operations and training ac19 tivities authorized by law, $62,300,000: Provided, That re20 imbursements may be made to this appropriation from re21 ceipts to the ‘‘Federal Ship Financing Fund’’ for adminis22 trative expenses in support of that program in addition

23 to any amount heretofore appropriated.
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1 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, as authorized by

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

5 available until expended: Provided, That such costs, in6 cluding the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of

8 1974, as amended: Provided further, That these funds are

9 available to subsidize total loan principal, any part of

10 which is to be guaranteed, not to exceed $1,000,000,000.

11 In addition, for administrative expenses to carry out

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

13 which shall be transferred to and merged with the appro14 priation for Operations and Training.

15 ADMINISTRATIVE PROVISIONS—MARITIME

16 ADMINISTRATION

17 Notwithstanding any other provision of this Act, the

18 Maritime Administration is authorized to furnish utilities

19 and services and make necessary repairs in connection

20 with any lease, contract, or occupancy involving Govern21 ment property under control of the Maritime Administra22 tion, and payments received therefor shall be credited to

23 the appropriation charged with the cost thereof: Provided,

24 That rental payments under any such lease, contract, or

25 occupancy for items other than such utilities, services, or
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•HR 3814 EH

1 repairs shall be covered into the Treasury as miscellaneous

2 receipts.

3 No obligations shall be incurred during the current

4 fiscal year from the construction fund established by the

5 Merchant Marine Act, 1936, or otherwise, in excess of the

6 appropriations and limitations contained in this Act or in

7 any prior appropriation Act, and all receipts which other8 wise would be deposited to the credit of said fund shall

9 be covered into the Treasury as miscellaneous receipts.

10 COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW

11 ENFORCEMENT

12 SALARIES AND EXPENSES

13 For necessary expenses of the Commission on the Ad14 vancement of Federal Law Enforcement, as authorized by

15 the Antiterrorism and Effective Death Penalty Act of

16 1996, $2,000,000, to remain available until September 30,

17 1998.

18 COMMISSION FOR THE PRESERVATION OF AMERICA’S

19 HERITAGE ABROAD

20 SALARIES AND EXPENSES

21 For expenses for the Commission for the Preservation

22 of America’s Heritage Abroad, $206,000, as authorized by

23 Public Law 99–83, section 1303.
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1 COMMISSION ON CIVIL RIGHTS

2 SALARIES AND EXPENSES

3 For necessary expenses of the Commission on Civil

4 Rights, including hire of passenger motor vehicles,

5 $8,740,000: Provided, That not to exceed $50,000 may

6 be used to employ consultants: Provided further, That

7 none of the funds appropriated in this paragraph shall be

8 used to employ in excess of four full-time individuals under

9 Schedule C of the Excepted Service exclusive of one special

10 assistant for each Commissioner: Provided further, That

11 none of the funds appropriated in this paragraph shall be

12 used to reimburse Commissioners for more than 75

13 billable days, with the exception of the Chairperson who

14 is permitted 125 billable days.

15 COMMISSION ON IMMIGRATION REFORM

16 SALARIES AND EXPENSES

17 For necessary expenses of the Commission on Immi18 gration Reform pursuant to section 141(f) of the Immi19 gration Act of 1990, $2,196,000, to remain available until

20 expended.

21 COMMISSION ON SECURITY AND COOPERATION IN

22 EUROPE

23 SALARIES AND EXPENSES

24 For necessary expenses of the Commission on Secu25 rity and Cooperation in Europe, as authorized by Public
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1 Law 94–304, $1,090,000, to remain available until ex2 pended as authorized by section 3 of Public Law 99–7.

3 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Equal Employment

6 Opportunity Commission as authorized by title VII of the

7 Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)

8 and 621–634), the Americans with Disabilities Act of

9 1990, and the Civil Rights Act of 1991, including services

10 as authorized by 5 U.S.C. 3109; hire of passenger motor

11 vehicles as authorized by 31 U.S.C. 1343(b); non-mone12 tary awards to private citizens; not to exceed $26,500,000,

13 for payments to State and local enforcement agencies for

14 services to the Commission pursuant to title VII of the

15 Civil Rights Act of 1964, as amended, sections 6 and 14

16 of the Age Discrimination in Employment Act, the Ameri17 cans with Disabilities Act of 1990, and the Civil Rights

18 Act of 1991; $232,740,000: Provided, That the Commis19 sion is authorized to make available for official reception

20 and representation expenses not to exceed $2,500 from

21 available funds.

22 FEDERAL COMMUNICATIONS COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Federal Communica25 tions Commission, as authorized by law, including uni-
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1 forms and allowances therefor, as authorized by 5 U.S.C.

2 5901–02; not to exceed $600,000 for land and structure;

3 not to exceed $500,000 for improvement and care of

4 grounds and repair to buildings; not to exceed $4,000 for

5 official reception and representation expenses; purchase

6 (not to exceed sixteen) and hire of motor vehicles; special

7 counsel fees; and services as authorized by 5 U.S.C. 3109;

8 $185,619,000, of which not to exceed $300,000 shall re9 main available until September 30, 1998, for research and

10 policy studies: Provided, That $126,400,000 of offsetting

11 collections shall be assessed and collected pursuant to sec12 tion 9 of title I of the Communications Act of 1934, as

13 amended, and shall be retained and used for necessary ex14 penses in this appropriation, and shall remain available

15 until expended: Provided further, That the sum herein ap16 propriated shall be reduced as such offsetting collections

17 are received during fiscal year 1997 so as to result in a

18 final fiscal year 1997 appropriation estimated at

19 $59,219,000: Provided further, That any offsetting collec20 tions received in excess of $126,400,000 in fiscal year

21 1997 shall remain available until expended, but shall not

22 be available for obligation until October 1, 1997: Provided

23 further, That none of the funds appropriated by this Act

24 shall be used to deny or delay action on a license, license

25 transfer or assignment, or license renewal for any religious
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1 or religiously affiliated entity on the basis that its recruit2 ment or hiring of full or part time employees for any posi3 tion at a broadcast facility licensed to such entity is or

4 was limited to persons of a particular religion or having

5 particular religious knowledge, training, or interests: Pro6 vided further, That the preceding proviso shall not apply

7 with respect to any appeal from a decision of any adminis8 trative law judge rendered on September 15, 1995.

9 FEDERAL MARITIME COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses of the Federal Maritime

12 Commission as authorized by section 201(d) of the Mer13 chant Marine Act of 1936, as amended (46 App. U.S.C.

14 1111), including services as authorized by 5 U.S.C. 3109;

15 hire of passenger motor vehicles as authorized by 31

16 U.S.C. 1343(b); and uniforms or allowances therefor, as

17 authorized by 5 U.S.C. 5901–02; $11,000,000: Provided,

18 That not to exceed $2,000 shall be available for official

19 reception and representation expenses.

20 FEDERAL TRADE COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Federal Trade Com23 mission, including uniforms or allowances therefor, as au24 thorized by 5 U.S.C. 5901–5902; services as authorized

25 by 5 U.S.C. 3109; hire of passenger motor vehicles; and
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1 not to exceed $2,000 for official reception and representa2 tion expenses; $85,930,000: Provided, That not to exceed

3 $300,000 shall be available for use to contract with a per4 son or persons for collection services in accordance with

5 the terms of 31 U.S.C. 3718, as amended: Provided fur6 ther, That notwithstanding any other provision of law, not

7 to exceed $58,905,000 of offsetting collections derived

8 from fees collected for premerger notification filings under

9 the Hart-Scott-Rodino Antitrust Improvements Act of

10 1976 (15 U.S.C. 18(a)) shall be retained and used for nec11 essary expenses in this appropriation, and shall remain

12 available until expended: Provided further, That the sum

13 herein appropriated from the General Fund shall be re14 duced as such offsetting collections are received during fis15 cal year 1997, so as to result in a final fiscal year 1997

16 appropriation from the General Fund estimated at not

17 more than $27,025,000, to remain available until ex18 pended: Provided further, That any fees received in excess

19 of $58,905,000 in fiscal year 1997 shall remain available

20 until expended, but shall not be available for obligation

21 until October 1, 1997: Provided further, That none of the

22 funds made available to the Federal Trade Commission

23 shall be available for obligation for expenses authorized

24 by section 151 of the Federal Deposit Insurance Corpora-
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•HR 3814 EH

1 tion Improvement Act of 1991 (Public Law 102–242, 105

2 Stat. 2282–2285).

3 LEGAL SERVICES CORPORATION

4 PAYMENT TO THE LEGAL SERVICES CORPORATION

5 For payment to the Legal Services Corporation to

6 carry out the purposes of the Legal Services Corporation

7 Act of 1974, as amended, $141,000,000 (increased by

8 $109,000,000), of which $134,575,000 (increased by

9 $109,000,000) is for basic field programs and required

10 independent audits; $1,125,000 is for the Office of the In11 spector General, of which such amounts as may be nec12 essary may be used to conduct additional audits of recipi13 ents; and $5,300,000 is for management and administra14 tion.

15 ADMINISTRATIVE PROVISIONS—LEGAL SERVICES

16 CORPORATION

17 SEC. 501. (a) CONTINUATION OF COMPETITIVE SE18 LECTION PROCESS.—None of the funds appropriated in

19 this Act to the Legal Services Corporation may be used

20 to provide financial assistance to any person or entity ex21 cept through a competitive selection process conducted in

22 accordance with regulations promulgated by the Corpora23 tion in accordance with the criteria set forth in subsections

24 (c), (d), and (e) of section 503 of Public Law 104–134

25 (110 Stat. 1321–130 et seq.).
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1 (b) INAPPLICABILITY OF NONCOMPETITIVE PROCE2 DURES.—For purposes of the funding provided in this

3 Act, rights under sections 1007(a)(9) and 1011 of the

4 Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)

5 and 42 U.S.C. 2996j) shall not apply.

6 SEC. 502. (a) CONTINUATION OF REQUIREMENTS

7 AND RESTRICTIONS.—None of the funds appropriated in

8 this Act to the Legal Services Corporation shall be ex9 pended for any purpose prohibited or limited by, or con10 trary to any of the provisions of—

11 (1) sections 501, 502, 505, 506, and 507 of

12 Public Law 104–134 (101 Stat. 1321–127 et seq.),

13 and all funds appropriated in this Act to the Legal

14 Services Corporation shall be subject to the same

15 terms and conditions as set forth in such sections,

16 except that all references in such sections to 1995

17 and 1996 shall be deemed to refer instead to 1996

18 and 1997, respectively; and

19 (2) section 504 of Public Law 104–134 (101

20 Stat. 1321–132 et seq.), and all funds appropriated

21 in this Act to the Legal Services Corporation shall

22 be subject to the same terms and conditions set

23 forth in such section, except that—

24 (A) subsection (c) of such section 504 shall

25 not apply;
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1 (B) paragraph (3) of section 508(b) of

2 Public Law 104–134 (101 Stat. 1321–147)

3 shall apply with respect to the requirements of

4 subsection (a)(13) of such section 504, except

5 that all references in such section 508(b) to the

6 date of enactment shall be deemed to refer to

7 April 26, 1996; and

8 (C) subsection (a)(11) of such section 504

9 shall not be construed to prohibit a recipient

10 from using funds derived from a source other

11 than the Corporation to provide related legal

12 assistance to—

13 (i) an alien who has been battered or

14 subjected to extreme cruelty in the United

15 States by a spouse or a parent, or by a

16 member of the spouse’s or parent’s family

17 residing in the same household as the alien

18 and the spouse or parent consented or ac19 quiesced to such battery or cruelty; or

20 (ii) an alien whose child has been bat21 tered or subjected to extreme cruelty in the

22 United States by a spouse or parent of the

23 alien (without the active participation of

24 the alien in the battery or extreme cru25 elty), or by a member of the spouse’s or
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1 parent’s family residing in the same house2 hold as the alien and the spouse or parent

3 consented or acquiesced to such battery or

4 cruelty, and the alien did not actively par5 ticipate in such battery or cruelty.

6 (b) DEFINITIONS.—For purposes of subsection

7 (a)(2)(C):

8 (1) The term ‘‘battered or subjected to extreme

9 cruelty’’ has the meaning given such term under reg10 ulations issued pursuant to subtitle G of the Vio11 lence Against Women Act of 1994 (Pub. L. 103–

12 322; 108 Stat. 1953).

13 (2) The term ‘‘related legal assistance’’ means

14 legal assistance directly related to the prevention of,

15 or obtaining of relief from, the battery or cruelty de16 scribed in such subsection.

17 SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE18 MENTS.—The requirements of section 509 of Public Law

19 104–134 (101 Stat. 1321–146 et seq.), other than sub20 section (l) of such section, shall apply during fiscal year

21 1997.

22 (b) REQUIREMENT OF ANNUAL AUDIT.—An annual

23 audit of each person or entity receiving financial assist24 ance from the Legal Services Corporation under this Act
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1 shall be conducted during fiscal year 1997 in accordance

2 with the requirements referred to in subsection (a).

3 MARINE MAMMAL COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Marine Mammal Com6 mission as authorized by title II of Public Law 92–522,

7 as amended, $975,000.

8 NATIONAL BANKRUPTCY REVIEW COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses of the National Bankruptcy

11 Review Commission, as authorized by the Bankruptcy Re12 form Act of 1994, $500,000 (reduced by $10,000).

13 SECURITIES AND EXCHANGE COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses for the Securities and Ex16 change Commission, including services as authorized by

17 5 U.S.C. 3109, the rental of space (to include multiple

18 year leases) in the District of Columbia and elsewhere, and

19 not to exceed $3,000 for official reception and representa20 tion expenses, $277,021,000 (reduced by $25,000,000), of

21 which not to exceed $10,000 may be used toward funding

22 a permanent secretariat for the International Organiza23 tion of Securities Commissions, and of which not to exceed

24 $100,000 shall be available for expenses for consultations

25 and meetings hosted by the Commission with foreign gov-
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1 ernmental and other regulatory officials, members of their

2 delegations, appropriate representatives and staff to ex3 change views concerning developments relating to securi4 ties matters, development and implementation of coopera5 tion agreements concerning securities matters and provi6 sion of technical assistance for the development of foreign

7 securities markets, such expenses to include necessary lo8 gistic and administrative expenses and the expenses of

9 Commission staff and foreign invitees in attendance at

10 such consultations and meetings including (1) such inci11 dental expenses as meals taken in the course of such at12 tendance, (2) any travel and transportation to or from

13 such meetings, and (3) any other related lodging or sub14 sistence: Provided, That immediately upon enactment of

15 this Act, the rate of fees under section 6(b) of the Securi16 ties Act of 1933 (15 U.S.C. 77f(b)) shall increase from

17 one-fiftieth of one percentum to one-thirty-third of one

18 percentum, and such increase shall be deposited as an off19 setting collection to this appropriation, to remain available

20 until expended, to recover costs of services of the securities

21 registration process: Provided further, That immediately

22 upon enactment of this Act or September 1, 1996, which23 ever occurs later, every national securities association shall

24 pay to the Commission a fee at a rate of one-eight-hun25 dredth of one percentum for each $1,000,000 of the aggre-
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1 gate dollar amount of sales transacted by or through any

2 member of such association otherwise than on a national

3 securities exchange (other than bonds, debentures, and

4 other evidences of indebtedness) subject to prompt last

5 sale reporting pursuant to the rules of the Commission

6 or a registered national securities association, excluding

7 any sales for which a fee is paid under section 31 of the

8 Securities Exchange Act of 1934 (15 U.S.C. 78ee), and

9 such increase shall be deposited as an offsetting collection

10 to this appropriation, to remain available until expended,

11 to recover the costs to the Government of the supervision

12 and regulation of securities markets and securities profes13 sionals: Provided further, That the fee due from every na14 tional securities association shall be paid (1) on or before

15 March 15, 1997, with respect to transactions occurring

16 during the period beginning immediately upon enactment

17 of this Act or September 1, 1996, whichever occurs later,

18 and ending at the close of December 31, 1996; and (2)

19 on or before September 30, 1997, with respect to trans20 actions and sales occurring during the period beginning

21 on January 1, 1997, and ending at the close of August

22 31, 1997: Provided further, That the total amount appro23 priated for fiscal year 1997 under this heading shall be

24 reduced as all such offsetting fees are deposited to this

25 appropriation so as to result in a final total fiscal year
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1 1997 appropriation from the General Fund estimated at

2 not more than $83,047,000 (reduced by $25,000,000):

3 Provided further, That any such fees collected in excess

4 of $193,974,000 shall remain available until expended but

5 shall not be available for obligation until October 1, 1997.

6 SMALL BUSINESS ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses, not otherwise provided for,

9 of the Small Business Administration as authorized by

10 Public Law 103–403, including hire of passenger motor

11 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

12 not to exceed $3,500 for official reception and representa13 tion expenses, $214,419,000, of which $94,218,000 shall

14 be available for the non-credit programs of the Small

15 Business Administration, including $3,000,000 which

16 shall only be available for obligation and expenditure for

17 projects jointly developed, implemented and administered

18 with the Minority Business Development Agency of the

19 Department of Commerce: Provided, That the Adminis20 trator is authorized to charge fees to cover the cost of pub21 lications developed by the Small Business Administration,

22 and certain loan servicing activities: Provided further,

23 That notwithstanding 31 U.S.C. 3302, revenues received

24 from all such activities shall be credited to this account,
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1 to be available for carrying out these purposes without fur2 ther appropriations.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General in carrying out the provisions of the Inspector

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

7 as amended by Public Law 100–504), $8,900,000.

8 BUSINESS LOANS PROGRAM ACCOUNT

9 For the cost of direct loans, $2,792,000, and for the

10 cost of guaranteed loans, $161,876,000, as authorized by

11 15 U.S.C. 631 note, of which $1,216,000, to be available

12 until expended, shall be for the Microloan Guarantee Pro13 gram, and of which $40,510,000 shall remain available

14 until September 30, 1998: Provided, That such costs, in15 cluding the cost of modifying such loans, shall be as de16 fined in section 502 of the Congressional Budget Act of

17 1974: Provided further, That during fiscal year 1997, com18 mitments to guarantee loans under section 503 of the

19 Small Business Investment Act of 1958, as amended, shall

20 not exceed the amount of financings authorized under sec21 tion 20(n)(2)(B) of the Small Business Act, as amended.

22 In addition, for administrative expenses to carry out

23 the direct and guaranteed loan programs, $93,485,000,

24 which may be transferred to and merged with the appro25 priations for Salaries and Expenses.
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1 DISASTER LOANS PROGRAM ACCOUNT

2 For the cost of direct loans authorized by section 7(b)

3 of the Small Business Act, as amended, $105,432,000, to

4 remain available until expended: Provided, That such

5 costs, including the cost of modifying such loans, shall be

6 as defined in section 502 of the Congressional Budget Act

7 of 1974.

8 In addition, for administrative expenses to carry out

9 the direct loan program, $100,578,000, including not to

10 exceed $500,000 for the Office of Inspector General of the

11 Small Business Administration for audits and reviews of

12 disaster loans and the disaster loan program, and said

13 sums may be transferred to and merged with appropria14 tions for Salaries and Expenses and Office of Inspector

15 General.

16 SURETY BOND GUARANTEES REVOLVING FUND

17 For additional capital for the ‘‘Surety Bond Guaran18 tees Revolving Fund’’, authorized by the Small Business

19 Investment Act, as amended, $3,730,000, to remain avail20 able without fiscal year limitation as authorized by 15

21 U.S.C. 631 note.

22 ADMINISTRATIVE PROVISION—SMALL BUSINESS

23 ADMINISTRATION

24 SEC. 504. Not to exceed 5 percent of any appropria25 tion made available for the current fiscal year for the

26 Small Business Administration in this Act may be trans-
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1 ferred between such appropriations, but no such appro2 priation shall be increased by more than 10 percent by

3 any such transfers: Provided, That any transfer pursuant

4 to this section shall be treated as a reprogramming of

5 funds under section 605 of this Act and shall not be avail6 able for obligation or expenditure except in compliance

7 with the procedures set forth in that section.

8 TITLE VI—GENERAL PROVISIONS

9 SEC. 601. No part of any appropriation contained in

10 this Act shall be used for publicity or propaganda purposes

11 not authorized by the Congress.

12 SEC. 602. No part of any appropriation contained in

13 this Act shall remain available for obligation beyond the

14 current fiscal year unless expressly so provided herein.

15 SEC. 603. The expenditure of any appropriation

16 under this Act for any consulting service through procure17 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

18 to those contracts where such expenditures are a matter

19 of public record and available for public inspection, except

20 where otherwise provided under existing law, or under ex21 isting Executive order issued pursuant to existing law.

22 SEC. 604. If any provision of this Act or the applica23 tion of such provision to any person or circumstances shall

24 be held invalid, the remainder of the Act and the applica25 tion of each provision to persons or circumstances other
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1 than those as to which it is held invalid shall not be af2 fected thereby.

3 SEC. 605. (a) None of the funds provided under this

4 Act, or provided under previous appropriations Acts to the

5 agencies funded by this Act that remain available for obli6 gation or expenditure in fiscal year 1997, or provided from

7 any accounts in the Treasury of the United States derived

8 by the collection of fees available to the agencies funded

9 by this Act, shall be available for obligation or expenditure

10 through a reprogramming of funds which (1) creates new

11 programs; (2) eliminates a program, project, or activity;

12 (3) increases funds or personnel by any means for any

13 project or activity for which funds have been denied or

14 restricted; (4) relocates an office or employees; (5) reorga15 nizes offices, programs, or activities; or (6) contracts out

16 or privatizes any functions, or activities presently per17 formed by Federal employees; unless the Appropriations

18 Committees of both Houses of Congress are notified fif19 teen days in advance of such reprogramming of funds.

20 (b) None of the funds provided under this Act, or

21 provided under previous appropriations Acts to the agen22 cies funded by this Act that remain available for obligation

23 or expenditure in fiscal year 1997, or provided from any

24 accounts in the Treasury of the United States derived by

25 the collection of fees available to the agencies funded by
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1 this Act, shall be available for obligation or expenditure

2 for activities, programs, or projects through a reprogram3 ming of funds in excess of $500,000 or 10 percent, which4 ever is less, that (1) augments existing programs, projects,

5 or activities; (2) reduces by 10 percent funding for any

6 existing program, project, or activity, or numbers of per7 sonnel by 10 percent as approved by Congress; or (3) re8 sults from any general savings from a reduction in person9 nel which would result in a change in existing programs,

10 activities, or projects as approved by Congress; unless the

11 Appropriations Committees of both Houses of Congress

12 are notified fifteen days in advance of such reprogram13 ming of funds.

14 SEC. 606. None of the funds made available in this

15 Act may be used for the construction, repair (other than

16 emergency repair), overhaul, conversion, or modernization

17 of vessels for the National Oceanic and Atmospheric Ad18 ministration in shipyards located outside of the United

19 States.

20 SEC. 607. (a) PURCHASE OF AMERICAN-MADE

21 EQUIPMENT AND PRODUCTS.—It is the sense of the Con22 gress that, to the greatest extent practicable, all equip23 ment and products purchased with funds made available

24 in this Act should be American-made.
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1 (b) NOTICE REQUIREMENT.—In providing financial

2 assistance to, or entering into any contract with, any en3 tity using funds made available in this Act, the head of

4 each Federal agency, to the greatest extent practicable,

5 shall provide to such entity a notice describing the state6 ment made in subsection (a) by the Congress.

7 (c) PROHIBITION OF CONTRACTS WITH PERSONS

8 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

9 If it has been finally determined by a court or Federal

10 agency that any person intentionally affixed a label bear11 ing a ‘‘Made in America’’ inscription, or any inscription

12 with the same meaning, to any product sold in or shipped

13 to the United States that is not made in the United

14 States, the person shall be ineligible to receive any con15 tract or subcontract made with funds made available in

16 this Act, pursuant to the debarment, suspension, and ineli17 gibility procedures described in sections 9.400 through

18 9.409 of title 48, Code of Federal Regulations.

19 SEC. 608. None of the funds made available in this

20 Act may be used to implement, administer, or enforce any

21 guidelines of the Equal Employment Opportunity Com22 mission covering harassment based on religion, when it is

23 made known to the Federal entity or official to which such

24 funds are made available that such guidelines do not differ

25 in any respect from the proposed guidelines published by
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1 the Commission on October 1, 1993 (58 Fed. Reg.

2 51266).

3 SEC. 609. None of the funds appropriated or other4 wise made available by this Act may be obligated or ex5 pended to pay for any cost incurred for (1) opening or

6 operating any United States diplomatic or consular post

7 in the Socialist Republic of Vietnam that was not operat8 ing on July 11, 1995; (2) expanding any United States

9 diplomatic or consular post in the Socialist Republic of

10 Vietnam that was operating on July 11, 1995; or (3) in11 creasing the total number of personnel assigned to United

12 States diplomatic or consular posts in the Socialist Repub13 lic of Vietnam above the levels existing on July 11, 1995,

14 unless the President certifies within 60 days, based upon

15 all information available to the United States Government

16 that the Government of the Socialist Republic of Vietnam

17 is cooperating in full faith with the United States in the

18 following four areas:

19 (1) Resolving discrepancy cases, live sightings

20 and field activities,

21 (2) Recovering and repatriating American re22 mains,

23 (3) Accelerating efforts to provide documents

24 that will help lead to fullest possible accounting of

25 POW/MIA’s.
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1 (4) Providing further assistance in implement2 ing trilateral investigations with Laos.

3 SEC. 610. None of the funds made available by this

4 Act may be used for any United Nations undertaking

5 when it is made known to the Federal official having au6 thority to obligate or expend such funds (1) that the Unit7 ed Nations undertaking is a peacekeeping mission, (2)

8 that such undertaking will involve United States Armed

9 Forces under the command or operational control of a for10 eign national, and (3) that the President’s military advi11 sors have not submitted to the President a recommenda12 tion that such involvement is in the national security inter13 ests of the United States and the President has not sub14 mitted to the Congress such a recommendation.

15 SEC. 611. None of the funds made available in this

16 Act shall be used to provide the following amenities or per17 sonal comforts in the Federal prison system—

18 (1) in-cell television viewing except for prisoners

19 who are segregated from the general prison popu20 lation for their own safety;

21 (2) the viewing of R, X, and NC–17 rated mov22 ies, through whatever medium presented;

23 (3) any instruction (live or through broadcasts)

24 or training equipment for boxing, wrestling, judo,
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1 karate, or other martial art, or any bodybuilding or

2 weightlifting equipment of any sort;

3 (4) possession of in-cell coffee pots, hot plates,

4 or heating elements; or

5 (5) the use or possession of any electric or elec6 tronic musical instrument.

7 SEC. 612. None of the funds made available in title

8 II for the National Oceanic and Atmospheric Administra9 tion under the heading ‘‘Fleet Modernization, Shipbuild10 ing and Conversion’’ may be used to implement sections

11 603, 604, and 605 of Public Law 102–567.

12 SEC. 613. None of the funds made available in this

13 Act may be used for ‘‘USIA Television Marti Program’’

14 under the Television Broadcasting to Cuba Act or any

15 other program of United States Government television

16 broadcasts to Cuba, when it is made known to the Federal

17 official having authority to obligate or expend such funds

18 that such use would be inconsistent with the applicable

19 provisions of the March 1995 Office of Cuba Broadcasting

20 Reinventing Plan of the United States Information Agen21 cy.

22 SEC. 614. Any costs incurred by a Department or

23 agency funded under this Act resulting from personnel ac24 tions taken in response to funding reductions included in

25 this Act shall be absorbed within the total budgetary re-
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1 sources available to such Department or agency: Provided,

2 That the authority to transfer funds between appropria3 tions accounts as may be necessary to carry out this sec4 tion is provided in addition to authorities included else5 where in this Act: Provided further, That use of funds to

6 carry out this section shall be treated as a reprogramming

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

8 available for obligation or expenditure except in compli9 ance with the procedures set forth in that section.

10 SEC. 615. None of the funds made available in this

11 Act to the Federal Bureau of Prisons may be used to dis12 tribute or make available any commercially published in13 formation or material to a prisoner when it is made known

14 to the Federal official having authority to obligate or ex15 pend such funds that such information or material is sexu16 ally explicit or features nudity.

17 SEC. 616. Of the funds appropriated in this Act

18 under the heading ‘‘OFFICE OF JUSTICE PRO19 GRAMS—STATE AND LOCAL LAW ENFORCEMENT ASSIST20 ANCE’’, not more than ninety percent of the amount to

21 be awarded to an entity under part Q of title I of the

22 Omnibus Crime Control and Safe Streets Act of 1968

23 shall be made available to such an entity when it is made

24 known to the Federal official having authority to obligate

25 or expend such funds that the entity that employs a public
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1 safety officer (as such term is defined in section 1204 of

2 title I of the Omnibus Crime Control and Safe Streets Act

3 of 1968) does not provide such a public safety officer who

4 retires or is separated from service due to injury suffered

5 as the direct and proximate result of a personal injury

6 sustained in the line of duty while responding to an emer7 gency situation or a hot pursuit (as such terms are defined

8 by State law) with the same or better level of health insur9 ance benefits that are paid by the entity at the time of

10 retirement or separation.

11 SEC. 617. Of the funds in this Act appropriated for

12 a municipal or county jail, State or Federal prison, or

13 other similar facility for the confinement of individuals in

14 connection with crime or criminal proceedings, not more

15 than 90 percent of the funds otherwise authorized to be

16 made available to any such municipal or county jail, State

17 or Federal prison, or other similar facility, may be made

18 available when it is made known to the Federal official

19 having authority to obligate or expend such funds that the

20 authorities of such jail, prison, or other facility have not

21 reported to the Attorney General each death of any indi22 vidual who dies in custody in that jail, prison, or facility,

23 and the circumstances that surround that death.

24 SEC. 618. The amount provided in this Act for

25 ‘‘Equal Employment Opportunity Commission—Salaries
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1 and Expenses’’ is increased by $7,000,000, and the

2 amount provided for Small Business Administration, Dis3 aster Loan Program Account for administrative expenses

4 is reduced by $8,000,000.

5 SEC. 619. (a) LIMITATION ON USE OF FUNDS TO

6 ISSUE CERTAIN PATENTS.—None of the funds made

7 available in this Act may be used by the Patent and

8 Trademark Office to issue a patent when it is made known

9 to the Federal official having authority to obligate or ex10 pend such funds that the patent is for any invention or

11 discovery of a technique, method, or process for perform12 ing a surgical procedure (defined as a treatment for curing

13 or preventing disease, injury, illness, disorder, or deform14 ity by operative methods, in which human tissue is cut,

15 burned, or vaporized by the use of any mechanical means,

16 laser, or ionizing radiation, or the penetration of the skin

17 or body orifice by any means), performing a medical proce18 dure (defined as a nonsurgical, nondiagnostic procedure

19 for curing or preventing a disease, injury, illness, disorder,

20 or deformity), or making a medical diagnosis (defined as

21 the identification of a medical condition or a disease or

22 disorder of a body).

23 (b) EXCEPTIONS.—The limitation established in sub24 section (a) shall not apply to the issuance of a patent when
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1 it is made known to the Federal official having authority

2 to obligate or expend such funds that—

3 (1) the patent is for a machine, manufacture,

4 or composition of matter, or improvement thereof,

5 that is itself patentable subject matter, and the tech6 nique, method, or process referred to in subsection

7 (a) is performed by or is a necessary component of

8 the machine, manufacture, or composition of matter;

9 or

10 (2) the patent is for a new use of a composition

11 of mattter or biotechnological process.

12 This Act may be cited as the ‘‘Departments of Com13 merce, Justice, and State, the Judiciary, and Related

14 Agencies Appropriations Act, 1997.’’.

Passed the House of Representatives July 24, 1996.

Attest:

Clerk.