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vessel to engage in fishing for any Atlantic mackerel or her-
ring (or both) in the waters off the east coast of the United
States during fiscal year 1999 shall be null and void unless
the appropriate regional fishery management council has
recommended and the Secretary has approved a fishery
management plan or plan amendment that specifically al-
lows such vessel to engage in such fishing.
(c) The prohibition in this section shall not apply to
fishing vessels in the menhaden fishery, which occurs pri-
marily outside the exclusive economic zone of the United
States.
SEC. 615. None of the funds made available in this
Act may be used to pay the expenses of an election officer
appointed by a court to oversee an election of any officer
or trustee for the International Brotherhood of Teamsters.
SEC. 616. (a) IN GENERAL.—Section 1303 of the Inter-
national Security and Development Corporation Act of
1985 (16 U.S.C. 469j) is amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘21’’ and inserting ‘‘15’’;
and
(B) by striking ‘‘7’’ each place it appears
and inserting ‘‘5’’; and
(2) in subsection (e), by striking ‘‘three’’ and in-
serting ‘‘six’’.
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(b) SAVINGS
PROVISION.—The enactment of the
amendments made by paragraph (1) of subsection (a) shall
not require any person appointed as a member of the Com-
mission for the Preservation of America’s Heritage Abroad
before the date of enactment of this Act to terminate his
or her service prior to the expiration of his or her current
term of service.
SEC. 617. JAPAN-UNITED STATES FRIENDSHIP COM-
MISSION. (a) RELIEF FROM RESTRICTION
OF INTER-
CHANGEABILITY OF FUNDS.—Section 6(4) of the Japan-
United States Friendship Act (22 U.S.C. 2905(4)) is
amended by striking ‘‘needed, except’’ and all that follows
through ‘‘United States’’ and inserting ‘‘needed’’.
(b) The second sentence of section 7(b) of the Japan-
United States Friendship Act (22 U.S.C. 2906(b)) is
amended to read as follows: ‘‘Such investment may be made
in only interest-bearing obligations of the United States,
in obligations guaranteed as to both principal and interest
by the United States, in interest-bearing obligations of
Japan, or in obligations guaranteed as to both principal
and interest by Japan.’’.
SEC. 618. STUDY ON INTERNET ACCESS AND COMMU-
NICATIONS AND THE TAXATION OF THE INTERNET. (a)
DEFINITIONS.—In this section:
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(1) INTERNET.—The term ‘‘Internet’’ has the
meaning provided that term in section 230(e)(1) of
the Communications Act of 1934 (47 U.S.C.
230(e)(1)).
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
(b) STUDY AND REPORT.—
(1) IN GENERAL.—Not later than March 1, 1999,
the Secretary, in consultation with the Secretary of
State and the Secretary of the Treasury, shall conduct
a study under this section and submit to the Commit-
tee on Appropriations a report on the results of the
study.
(2) CONTENTS OF STUDY.—The study conducted
by the Secretary under this section shall examine—
(A) the taxation of the Internet by States
and political subdivisions thereof;
(B) access to the Internet; and
(C) communications and transactions con-
ducted through the Internet.
(3) EFFECTS OF TAXATION.—With respect to the
taxation of the Internet, the study conducted by the
Secretary under this section shall examine the extent
to which—
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(A) that taxation may impede the progress
and development of the Internet; and
(B) the effect that taxation may have with
respect to the efforts of the President to keep the
Internet free of discriminatory taxes on an inter-
national level.
SEC. 619. (a) PURPOSE.—The purpose of this section
is to allow for the investment of joint Federal and State
funds from the civil settlement of damages from the Exxon
Valdez oil spill.
(b) INVESTMENT OF JOINT TRUST FUNDS.—Notwith-
standing any other provision of law, upon the joint motion
of the United States and the State of Alaska and the
issuance of an appropriate order by the United States Dis-
trict Court for the District of Alaska, the joint trust funds
or any portion thereof, including any interest accrued
thereon, previously received or to be received by the United
States and the State of Alaska pursuant to the Agreement
and Consent Decree issued in United States v. Exxon Cor-
poration, et al. (No. A91–082 CIV) and State of Alaska v.
Exxon Corporation, et al. (No. A91–083 CIV) (hereafter re-
ferred to as the ‘‘Consent Decree’’), may be deposited in ap-
propriate accounts outside the Court Registry, including the
Natural Resource Damage Assessment and Restoration
Fund (hereafter referred to as the ‘‘Fund’’) established in
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title I of the Department of the Interior and Related Agen-
cies Appropriations Act, 1992 (Public Law 102–154, 43
U.S.C. 1474b) and such accounts outside the United States
Treasury consisting of income-producing obligations and
other instruments or securities of a type or class that have
been determined unanimously by the Federal and State nat-
ural resource trustees for the Exxon Valdez oil spill to have
a high degree of reliability and security: Provided, That
any joint trust funds in the Fund and any such outside
accounts that have been approved unanimously by the trust-
ees for expenditure by or through a State or Federal agency
shall be transferred promptly from the Fund and such out-
side accounts to the State or United States upon the joint
request of the governments: Provided further, That the
transfer of joint trust funds outside the Court Registry shall
not affect the supervisory jurisdiction of such District Court
under the Consent Decree or the Memorandum of Agreement
and Consent Decree in United States v. State of Alaska (No.
A91–081–CIV) over all expenditures of the joint trust funds:
Provided further, That nothing herein shall affect the re-
quirement of section 207 of the Dire Emergency Supple-
mental Appropriations and Transfers for Relief From the
Effects of Natural Disasters, for Other Urgent Needs, and
for the Incremental Cost of ‘‘Operation Desert Shield/Desert
Storm’’ Act of 1992 (Public Law 102–229, 42 U.S.C. 1474b
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note) that amounts received by the United States and des-
ignated by the trustees for the expenditure by or through
a Federal agency must be deposited into the Fund: Provided
further, That any interest accrued under the authority in
this section may be used only for grants for marine research
and monitoring (including applied fisheries research) and
for community and economic restoration projects (including
projects proposed by the fishing industry and facilities):
Provided further, That the Federal trustees are hereby au-
thorized to administer such grants: Provided further, That
the authority provided in this section shall expire on Sep-
tember 30, 2002, unless by September 30, 2001 the trustees
have submitted to the Congress legislation to establish a
board to administer funds invested, interest received, and
grants awarded from such interest.
SEC. 620. None of the funds appropriated pursuant
to this Act or any other provision of law may be used for
(1) any system to implement 18 U.S.C. 922(t) that does
not require and result in the immediate destruction of all
information, in any form whatsoever, submitted by or on
behalf of any person who has been determined not to be pro-
hibited from owning a firearm; (2) the implementation of
any tax or fee in connection with the implementation of
18 U.S.C. 922(t): Provided, That any person aggrieved by
a violation of this provision may bring an action in the
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Federal district court for the district in which the person
resides: Provided further, That any person who is successful
with respect to any such action shall receive damages, puni-
tive damages, and such other remedies as the court may
determine to be appropriate, including a reasonable attor-
ney’s fee. The provisions of this section shall become effective
upon enactment of this Act.
SEC. 621. SENSE OF THE SENATE ON THE BUDGET
AND SOCIAL SECURITY. (a) FINDINGS.—The Senate finds
that—
(1) the Social Security system provides benefits
to 44,000,000 Americans, including 27,300,000 retir-
ees, over 4,500,000 people with disabilities, 3,800,000
surviving children and 8,400,000 surviving adults,
and is essential to the dignity and security of the Na-
tion’s elderly and disabled;
(2) the Trustees of the Federal Old-Age and Sur-
vivors Insurance and Disability Insurance Trust
Funds have reported to the Congress that the ‘‘total
income’’ of the Social Security system ‘‘is estimated
to fall short of expenditures beginning in 2021 and in
each year thereafter . . . until the assets of the com-
bined trust funds are exhausted in 2032’’;
(3) intergenerational fairness, honest accounting
principles, prudent budgeting, and sound economic
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policy all require saving Social Security first, in
order that the Nation may better afford the retirement
of the baby boom generation, beginning in 2010;
(4) in reforming Social Security in 1983, the
Congress intended that near-term Social Security
trust fund surpluses be used to prefund the retirement
of the baby boom generation;
(5) in his State of the Union message to the joint
session of Congress on January 27, 1998, President
Clinton called on the Congress to ‘‘save Social Secu-
rity first’’ and to ‘‘reserve one hundred percent of the
surplus, that is any penny of any surplus, until we
have taken all the necessary measures to strengthen
the Social Security system for the twenty-first cen-
tury’’;
(6) saving Social Security first would work to
expand national savings, reduce interest rates, en-
hance private investment, increase labor productivity,
and boost economic growth;
(7) section 13301 of the Budget Enforcement Act
of 1990 expressly forbids counting Social Security
trust fund surpluses as revenue available to balance
the budget; and
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(8) the Congressional Budget Office has esti-
mated that the unified budget surplus will reach
nearly $1,500,000,000,000 over the next ten years.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that Congress and the President should—
(1) continue to rid our country of debt and work
to balance the budget without counting Social Secu-
rity trust fund surpluses;
(2) work in a bipartisan way on specific legisla-
tion to reform the Social Security system, to ensure
that it is financially sound over the long term and
will be available for all future generations;
(3) save Social Security first; and
(4) return all remaining surpluses to American
taxpayers.
SEC. 622. REPORT BY THE JUDICIAL CONFERENCE.
(a) Not later than September 1, 1999, the Judicial Con-
ference of the United States shall prepare and submit to
the Committees on Appropriations of the Senate and of the
House of Representatives, and to the Committees on the Ju-
diciary of the Senate and the House of Representatives, a
report evaluating whether an amendment to Rule 6 of the
Federal Rules of Criminal Procedure permitting the pres-
ence in the grand jury room of counsel for a witness who
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is testifying before the grand jury would further the inter-
ests of justice and law enforcement.
(b) In preparing the report referred to in subsection
(a) of this section the Judicial Conference shall consider the
views of the Department of Justice, the organized Bar, the
academic legal community, and other interested parties.
(c) Nothing in this section shall require the Judicial
Conference to submit recommendations to the Congress in
accordance with the Rules Enabling Act, nor prohibit the
Conference from doing so.
SEC. 623. POLICIES RELATING TO FEDERALISM. It is
the sense of the Senate that the President should repeal Ex-
ecutive Order No. 13083, issued May 14, 1998 and should
reissue Executive Order No. 12612, issued October 26, 1987,
and Executive Order No. 12875, issued October 26, 1993.
SEC. 624. PROHIBITION ON INTERNET GAMBLING. (a)
SHORT TITLE.—This section may be cited as the ‘‘Internet
Gambling Prohibition Act of 1998’’.
(b) DEFINITIONS.—Section 1081 of title 18, United
States Code, is amended—
(1) in the matter immediately following the
colon, by designating the first 5 undesignated para-
graphs as paragraphs (1) through (5), respectively,
and indenting each paragraph 2 ems to the right; and
(2) by adding at the end the following:
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‘‘(6) BETS OR WAGERS.—The term ‘bets or wa-
gers’—
‘‘(A) means the staking or risking by any
person of something of value upon the outcome of
a contest of others, sporting event of others, or of
any game of chance, upon an agreement or un-
derstanding that the person or another person
will receive something of value based on that out-
come;
‘‘(B) includes the purchase of a chance or
opportunity to win a lottery or other prize
(which opportunity to win is predominantly
subject to chance);
‘‘(C) includes any scheme of a type de-
scribed in section 3702 of title 28, United States
Code; and
‘‘(D) does not include—
‘‘(i) a bona fide business transaction
governed by the securities laws (as that
term is defined in section 3(a)(47) of the
Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(47))) for the purchase or sale at a
future date of securities (as that term is de-
fined in section 3(a)(10) of the Securities
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Exchange 
Act 
of 
1934 
(15 
U.S.C.
78c(a)(10)));
‘‘(ii) a transaction on or subject to the
rules of a contract market designated pursu-
ant to section 5 of the Commodity Exchange
Act (7 U.S.C. 7);
‘‘(iii) a contract of indemnity or guar-
antee;
‘‘(iv) a contract for life, health, or acci-
dent insurance; or
‘‘(v) participation in a game or con-
test, otherwise lawful under applicable Fed-
eral or State law—
‘‘(I) that, by its terms or rules, is
not dependent on the outcome of any
single sporting event, any series or
sporting events, any tournament, or
the individual performance of 1 or
more athletes or teams in a single
sporting event;
‘‘(II) in which the outcome is de-
termined by accumulated statistical re-
sults of games or contests involving the
performances of amateur or profes-
sional athletes or teams; and
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‘‘(III) in which the winner or
winners may receive a prize or award;
(otherwise know as a ‘fantasy sport league’
or a ‘rotisserie league’) if such participation
is without charge to the participant or any
charge to a participant is limited to a rea-
sonable administrative fee.
‘‘(7) FOREIGN JURISDICTION.—The term ‘foreign
jurisdiction’ means a jurisdiction of a foreign country
or political subdivision thereof.
‘‘(8) INFORMATION ASSISTING IN THE PLACING
OF A BET OR WAGER.—The term ‘information assist-
ing in the placing of a bet or wager’—
‘‘(A) means information that is intended by
the sender or recipient to be used by a person en-
gaged in the business of betting or wagering to
accept or place a bet or wager; and
‘‘(B) does not include—
‘‘(i) 
information 
concerning 
pari-
mutuel pools that is exchanged between or
among 1 or more racetracks or other pari-
mutuel wagering facilities licensed by the
State or approved by the foreign jurisdic-
tion in which the facility is located, and 1
or more parimutuel wagering facilities li-
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censed by the State or approved by the for-
eign jurisdiction in which the facility is lo-
cated, if that information is used only to
conduct common pool parimutuel pooling
under applicable law;
‘‘(ii) information exchanged between or
among 1 or more racetracks or other pari-
mutuel wagering facilities licensed by the
State or approved by the foreign jurisdic-
tion in which the facility is located, and a
support service located in another State or
foreign jurisdiction, if the information is
used only for processing bets or wagers
made with that facility under applicable
law;
‘‘(iii) information exchanged between
or among 1 or more wagering facilities that
are located within a single State and are li-
censed and regulated by that State, and any
support service, wherever located, if the in-
formation is used only for the pooling or
processing of bets or wagers made by or
with the facility or facilities under applica-
ble State law;
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‘‘(iv) any news reporting or analysis of
wagering activity, including odds, racing or
event results, race and event schedules, or
categories of wagering; or
‘‘(v) any posting or reporting of any
educational information on how to make a
bet or wager or the nature of betting or wa-
gering.’’.
(c) PROHIBITION ON INTERNET GAMBLING.—
(1) IN GENERAL.—Chapter 50 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 1085. Internet gambling
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CLOSED-LOOP
SUBSCRIBER-BASED
SERV-
ICE.—The term ‘closed-loop subscriber-based service’
means any information service or system that uses—
‘‘(A) a device or combination of devices—
‘‘(i) expressly authorized and operated
in accordance with the laws of a State for
the purposes described in subsection (e); and
‘‘(ii) by which a person located within
a State must subscribe to be authorized to
place, receive, or otherwise make a bet or
wager, and must be physically located with-
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in that State in order to be authorized to do
so;
‘‘(B) a customer verification system to en-
sure that all applicable Federal and State legal
and regulatory requirements for lawful gambling
are met; and
‘‘(C) appropriate data security standards to
prevent unauthorized access.
‘‘(2) GAMBLING BUSINESS.—The term ‘gambling
business’ means a business that is conducted at a
gambling establishment, or that—
‘‘(A) involves—
‘‘(i) the placing, receiving, or otherwise
making of bets or wagers; or
‘‘(ii) offers to engage in placing, receiv-
ing, or otherwise making bets or wagers;
‘‘(B) involves 1 or more persons who con-
duct, finance, manage, supervise, direct, or own
all or part of such business; and
‘‘(C) has been or remains in substantially
continuous operation for a period in excess of 10
days or has a gross revenue of $2,000 or more
during any 24-hour period.
‘‘(3) INTERACTIVE
COMPUTER
SERVICE.—The
term ‘interactive computer service’ means any infor-
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mation service, system, or access software provider
that uses a public communication infrastructure or
operates in interstate or foreign commerce to provide
or enable computer access by multiple users to a com-
puter server, including specifically a service or system
that provides access to the Internet.
‘‘(4) INTERNET.—The term ‘Internet’ means the
international computer network of both Federal and
non-Federal interoperable packet switched data net-
works.
‘‘(5) PERSON.—The term ‘person’ means any in-
dividual, association, partnership, joint venture, cor-
poration, State or political subdivision thereof, de-
partment, agency, or instrumentality of a State or
political subdivision thereof, or any other government,
organization, or entity.
‘‘(6) PRIVATE NETWORK.—The term ‘private net-
work’ means a communications channel or channels,
including voice or computer data transmission facili-
ties, that use either—
‘‘(A) private dedicated lines; or
‘‘(B) the public communications infrastruc-
ture, if the infrastructure is secured by means of
the appropriate private communications tech-
nology to prevent unauthorized access.
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‘‘(7) STATE.—The term ‘State’ means a State of
the United States, the District of Columbia, the Com-
monwealth of Puerto Rico, or a commonwealth, terri-
tory, or possession of the United States.
‘‘(b) GAMBLING.—
‘‘(1) PROHIBITION.—Subject to subsection (e), it
shall be unlawful for a person knowingly to use the
Internet or any other interactive computer service—
‘‘(A) to place, receive, or otherwise make a
bet or wager with any person; or
‘‘(B) to send, receive, or invite information
assisting in the placing of a bet or wager with
the intent to send, receive, or invite information
assisting in the placing of a bet or wager.
‘‘(2) PENALTIES.—A person who violates para-
graph (1) shall be—
‘‘(A) fined in an amount that is not more
than the greater of—
‘‘(i) three times the greater of—
‘‘(I) the total amount that the per-
son is found to have wagered through
the Internet or other interactive com-
puter service; or
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‘‘(II) the total amount that the
person is found to have received as a
result of such wagering; or
‘‘(ii) $500;
‘‘(B) imprisoned not more than 3 months;
or
‘‘(C) both.
‘‘(c) GAMBLING BUSINESSES.—
‘‘(1) PROHIBITION.—Subject to subsection (e), it
shall be unlawful for a person engaged in a gambling
business knowingly to use the Internet or any other
interactive computer service—
‘‘(A) to place, receive, or otherwise make a
bet or wager; or
‘‘(B) to send, receive, or invite information
assisting in the placing of a bet or wager.
‘‘(2) PENALTIES.—A person engaged in a gam-
bling business who violates paragraph (1) shall be—
‘‘(A) fined in an amount that is not more
than the greater of—
‘‘(i) the amount that such person re-
ceived in bets or wagers as a result of en-
gaging in that business in violation of this
subsection; or
‘‘(ii) $20,000;
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‘‘(B) imprisoned not more than 4 years; or
‘‘(C) both.
‘‘(d) PERMANENT INJUNCTIONS.—Upon conviction of
a person under this section, the court may, as an additional
penalty, enter a permanent injunction enjoining the trans-
mission of bets or wagers or information assisting in the
placing of a bet or wager.
‘‘(e) EXCEPTIONS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
prohibitions in this section shall not apply to any—
‘‘(A) otherwise lawful bet or wager that is
placed, received, or otherwise made wholly intra-
state for a State lottery or a racing or pari-
mutuel activity, or a multi-State lottery oper-
ated jointly between 2 or more States in conjunc-
tion with State lotteries, (if the lottery or activ-
ity is expressly authorized, and licensed or regu-
lated, under applicable Federal or State law)
on—
‘‘(i) an interactive computer service
that uses a private network, if each person
placing or otherwise making that bet or
wager is physically located at a facility
that is open to the general public; or
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‘‘(ii) a closed-loop subscriber-based
service that is wholly intrastate; or
‘‘(B) otherwise lawful bet or wager for class
II or class III gaming (as defined in section 4
of the Indian Gaming Regulatory Act (25 U.S.C.
2703)) that is placed, received, or otherwise
made on a closed-loop subscriber-based service or
an interactive computer service that uses a pri-
vate network, if—
‘‘(i) each person placing, receiving, or
otherwise making that bet or wager is phys-
ically located on Indian land; and
‘‘(ii) all games that constitute class III
gaming are conducted in accordance with
an applicable Tribal-State compact entered
into under section 11(d) of the Indian Gam-
ing Regulatory Act (25 U.S.C. 2701(d)) by
a State in which each person placing, re-
ceiving, or otherwise making that bet or
wager is physically located.
‘‘(2) INAPPLICABILITY OF EXCEPTION TO BETS
OR WAGERS MADE BY AGENTS OR PROXIES.—An ex-
ception under subparagraph (A) or (B) of paragraph
(1) shall not apply in any case in which a bet or
wager is placed, received, or otherwise made by the
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use of an agent or proxy using the Internet or an
interactive computer service. Nothing in this para-
graph shall be construed to prohibit the owner opera-
tor of a parimutuel wagering facility that is licensed
by a State from employing an agent in the operation
of the account wagering system owned or operated by
the parimutuel facility.
‘‘(f) STATE LAW.—Nothing in this section shall be con-
strued to create immunity from criminal prosecution or
civil liability under the law of any State.’’.
(2) TECHNICAL AMENDMENT.—The analysis for
chapter 50 of title 18, United States Code, is amended
by adding at the end the following:
‘‘1085. Internet gambling.’’.
(d) CIVIL REMEDIES.—
(1) IN
GENERAL.—The district courts of the
United States shall have original and exclusive juris-
diction to prevent and restrain violations of section
1085 of title 18, United States Code, as added by this
section, by issuing appropriate orders.
(2) PROCEEDINGS.—
(A) INSTITUTION
BY
FEDERAL
GOVERN-
MENT.—The United States may institute pro-
ceedings under this section. Upon application of
the United States, the district court may enter a
temporary restraining order or an injunction
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against any person to prevent a violation of sec-
tion 1085 of title 18, United States Code, as
added by this section, if the court determines,
after notice and an opportunity for a hearing,
that there is a substantial probability that such
violation has occurred or will occur.
(B) INSTITUTION BY STATE ATTORNEY GEN-
ERAL.—
(i) IN GENERAL.—Subject to subclause
(ii), the attorney general of a State (or
other appropriate State official) in which a
violation of section 1085 of title 18, United
States Code, as added by this section, is al-
leged to have occurred, or may occur, after
providing written notice to the United
States, may institute proceedings under this
subsection. Upon application of the attorney
general (or other appropriate State official)
of the affected State, the district court may
enter a temporary restraining order or an
injunction against any person to prevent a
violation of section 1085 of title 18, United
States Code, as added by this section, if the
court determines, after notice and an oppor-
tunity for a hearing, that there is a sub-
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stantial probability that such violation has
occurred or will occur.
(ii) INDIAN LANDS.—With respect to a
violation of section 1085 of title 18, United
States Code, as added by this section, that
is alleged to have occurred, or may occur,
on Indian lands (as defined in section 4 of
the Indian Gaming Regulatory Act (25
U.S.C. 2703)), the enforcement authority
under clause (i) shall be limited to the rem-
edies under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.), including any
applicable Tribal-State compact negotiated
under section 11 of that Act (25 U.S.C.
2710).
(C) ORDERS
AND
INJUNCTIONS
AGAINST
INTERNET SERVICE PROVIDERS.—Notwithstand-
ing subparagraph (A) or (B), the following rules
shall apply in any proceeding instituted under
this paragraph in which application is made for
a temporary restraining order or an injunction
against an interactive computer service:
(i) SCOPE OF RELIEF.—
(I) If the violation of section 1085
of title 18, United States Code, origi-
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nates with a customer of the inter-
active computer service’s system or net-
work, the court may require the service
to terminate the specified account or
accounts of the customer, or of any
readily identifiable successor in inter-
est, who is using such service to place,
receive or otherwise make a bet or
wager, engage in a gambling business,
or to initiate a transmission that vio-
lates such section 1085.
(II) Any other relief ordered by
the court shall be technically feasible
for the system or network in question
under current conditions, reasonably
effective in preventing a violation of
section 1085, of title 18, United States
Code, and shall not unreasonably
interfere with access to lawful material
at other online locations.
(III) No relief shall issue under
clause (i)(II) if the interactive com-
puter service demonstrates, after an op-
portunity to appear at a hearing, that
such relief is not economically reason-
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able for the system or network in ques-
tion under current conditions.
(ii) CONSIDERATIONS.—In the case of
an application for relief under clause
(i)(II), the court shall consider, in addition
to all other factors that the court shall con-
sider in the exercise of its equitable discre-
tion, whether—
(I) such relief either singularly or
in combination with such other injunc-
tions issued against the same service
under this paragraph, would seriously
burden the operation of the service’s
system or network compared with other
comparably effective means of prevent-
ing violations of section 1085 of title
18, United States Code;
(II) in the case of an application
for a temporary restraining order or
an injunction to prevent a violation of
section 1085 of title 18, United States
Code, by a gambling business (as is de-
fined in such section 1085) located out-
side the United States, the relief is
more burdensome to the service than
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taking comparably effective steps to
block access to specific, identified sites
used by the gambling business located
outside the United States; and
(III) in the case of an application
for a temporary restraining order or
an injunction to prevent a violation of
section 1085 of title 18, United States
Code, as added by this section, relating
to material or activity located within
the United States, whether less burden-
some, but comparably effective means
are available to block access by a cus-
tomer of the service’s system or network
to information or activity that violates
such section 1085.
(iii) FINDINGS.—In any order issued
by the court under this paragraph, the court
shall set forth the reasons for its issuance,
shall be specific in its terms, and shall de-
scribe in reasonable detail, and not by ref-
erence to the complaint or other document,
the act or acts sought to be restrained and
the general steps to be taken to comply with
the order.
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(D) EXPIRATION.—Any temporary restrain-
ing order or preliminary injunction entered pur-
suant to this paragraph shall expire if, and as
soon as, the United States, or the attorney gen-
eral (or other appropriate State official) of the
State, as applicable, notifies the court that issued
the injunction that the United States or the
State, as applicable, will not seek a permanent
injunction.
(3) EXPEDITED PROCEEDINGS.—
(A) IN GENERAL.—In addition to proceed-
ings under paragraph (2), a district court may
enter a temporary restraining order against a
person alleged to be in violation of section 1085
of title 18, United States Code, as added by this
section, upon application of the United States
under paragraph (2)(A), or the attorney general
(or other appropriate State official) of an af-
fected State under paragraph (2)(B), without no-
tice and the opportunity for a hearing, if the
United States or the State, as applicable, dem-
onstrates that there is probable cause to believe
that the transmission at issue violates section
1085 of title 18, United States Code, as added by
this section.
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(B) EXPIRATION.—A temporary restraining
order entered under this paragraph shall expire
on the earlier of—
(i) the expiration of the 30-day period
beginning on the date on which the order is
entered; or
(ii) the date on which a preliminary
injunction is granted or denied.
(C) HEARINGS.—A hearing requested con-
cerning an order entered under this paragraph
shall be held at the earliest practicable time.
(4) RULE OF CONSTRUCTION.—In the absence of
fraud or bad faith, no interactive computer service (as
defined in section 1085(a) of title 18, United States
Code, as added by this section) shall be liable for any
damages, penalty, or forfeiture, civil or criminal, for
a reasonable course of action taken to comply with a
court order issued under paragraph (2) or (3) of this
subsection.
(5) PROTECTION OF PRIVACY.—Nothing in this
section or the amendments made by this section shall
be construed to authorize an affirmative obligation on
an interactive computer service—
(A) to monitor use of its service; or
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(B) except as required by an order of a
court, to access, remove or disable access to mate-
rial where such material reveals conduct prohib-
ited by this section and the amendments made
by this section.
(6) NO EFFECT ON OTHER REMEDIES.—Nothing
in this subsection shall be construed to affect any
remedy under section 1084 or 1085 of title 18, United
States Code, as amended by this section, or under any
other Federal or State law. The availability of relief
under this subsection shall not depend on, or be af-
fected by, the initiation or resolution of any action
under section 1084 or 1085 of title 18, United States
Code, as amended by this section, or under any other
Federal or State law.
(7) CONTINUOUS JURISDICTION.—The court shall
have continuous jurisdiction under this subsection to
enforce section 1085 of title 18, United States Code,
as added by this section.
(e) REPORT ON ENFORCEMENT.—Not later than 3
years after the date of enactment of this Act, the Attorney
General shall submit a report to Congress that includes—
(1) an analysis of the problems, if any, associ-
ated with enforcing section 1085 of title 18, United
States Code, as added by this section;
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(g) SEVERABILITY.—If any provision of this section,
an amendment made by this section, or the application of
such provision or amendment to any person or cir-
cumstance is held to be unconstitutional, the remainder of
this section, the amendments made by this section, and the
application of the provisions of such to any person or cir-
cumstance shall not be affected thereby.
SEC. 625. SENSE OF THE SENATE REGARDING JA-
PAN’S RECESSION. (a) FINDINGS.—Congress makes the fol-
lowing findings:
(1) The United States and Japan share common
goals of peace, stability, democracy, and economic
prosperity in East and Southeast Asia and around
the world.
(2) Japan’s economic and financial crisis rep-
resents a new challenge to United States-Japanese co-
operation to achieve these common goals and threat-
ens the economic stability of East and Southeast Asia
and the United States.
(3) A strong United States-Japanese alliance is
critical to stability in East and Southeast Asia.
(4) The importance of the United States-Japa-
nese alliance was reaffirmed by the President of the
United States and the Prime Minister of Japan in
the April 1996 Joint Security Declaration.
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(5) United States-Japanese bilateral military co-
operation was enhanced with the revision of the
United States Guidelines for Defense Cooperation in
1997.
(6) The Japanese economy, the second largest in
the world and over 2 times larger than the economy
in the rest of East Asia, has been growing at a little
over 1 percent annually since 1991 and is currently
in a recession with some forecasts suggesting that it
will contract by 1.5 percent in 1998.
(7) The estimated $574,000,000,000 of problem
loans in Japan’s banking sector and other problems
associated with an unstable banking sector remain the
major roadblock to economic recovery in Japan.
(8) The recent weakness in the yen, following a
10 percent depreciation of the yen against the dollar
over the last 5 months and a 45 percent depreciation
since 1995, has placed competitive price pressures on
United States industries and workers and is putting
downward pressure on China and the rest of the
economies in East and Southeast Asia to begin an-
other round of competitive currency devaluations.
(9) Japan’s current account surplus has in-
creased by 60 percent over the last 12 months from
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71,579,000,000 yen in 1996 to 114,357,000,000 yen
in 1997.
(10) A period of deflation in Japan would lead
to lower demand for United States products.
(11) The unnecessary and burdensome regulation
of the Japanese market constrains Japanese economic
growth and raises costs to business and consumers.
(12) Deregulating Japan’s economy and spur-
ring economic growth would ultimately benefit the
Japanese people with a higher standard of living and
a more secure future.
(13) Japan’s economic recession is slowing the
growth of the United States gross domestic product
and job creation in the United States.
(14) Japan has made significant efforts to re-
store economic growth with a 16,000,000,000,000 yen
stimulus package that includes 4,500,000,000,000 yen
in tax cuts and 11,500,000,000,000 yen in govern-
ment spending, a Total Plan to restore stability to the
private banking sector, and joint intervention with
the United States to strengthen the value of the yen
in international currency markets.
(15) The people of Japan expressed deep concern
about economic conditions and government leadership
in the Upper House elections held on July 12, 1998.
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(16) The Prime Minister of Japan tendered his
resignation on July 13, 1998, to take responsibility
for the Liberal Democratic Party’s poor election re-
sults and to acknowledge the desire of the people of
Japan for new leadership to restore economic stabil-
ity.
(17) Japan’s economic recession is having an ad-
verse effect on the economy of the United States and
is now seriously threatening the 9 years of unprece-
dented economic expansion in the United States.
(18) Japan’s economic recession is having an ad-
verse effect on the recovery of the East and Southeast
Asian economies.
(19) The American people and the countries of
East and Southeast Asia are looking for a demonstra-
tion of Japanese leadership and close United States-
Japanese cooperation in resolving Japan’s economic
crisis.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the President, the Secretary of the Treasury,
and the United States Trade Representative should
emphasize the importance of financial deregulation,
including banking reform, market deregulation, and
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restructuring bad bank debt as fundamental to Ja-
pan’s economic recovery; and
(2) the President, the Secretary of the Treasury,
the United States Trade Representative, the Secretary
of Commerce, and the Secretary of State should com-
municate to the Japanese Government that the first
priority of the new Prime Minister of Japan and his
Cabinet should be to restore economic growth in
Japan and promote stability in international finan-
cial markets.
SEC. 626. (a) Add the following at the end of section
1153(b)(5)(C) of title 8, United States Code:
‘‘(iv) DEFINITION.—
‘‘(I) As used in this subsection the
term ‘capital’ means cash, equipment,
inventory, other tangible property, and
cash equivalents, but shall not include
indebtedness. Nothing in this sub-
section shall be construed to exclude
documents, such as binding contracts,
as evidence that a petitioner is in the
process of investing capital as long as
the capital is not in the form of indebt-
edness with a payback period that ex-
ceeds 21 months.
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‘‘(II) Assets acquired, directly or
indirectly, by unlawful means (such as
criminal activities) shall not be consid-
ered capital for the purposes of this
subsection. A petitioner’s sworn dec-
laration concerning lawful sources of
capital shall constitute presumptive
proof of lawful sources for the purposes
of this subsection, although nothing
herein shall preclude further inquiry,
prior to approval of conditional lawful
permanent resident status.’’.
(b) This section shall not apply to any application
filed prior to July 23, 1998.
SEC. 627. (a) REQUIREMENT.—Section 230 of the
Communications Act of 1934 (47 U.S.C. 230) is amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
‘‘(d) OBLIGATIONS
OF INTERNET ACCESS PROVID-
ERS.—
‘‘(1) IN GENERAL.—An Internet access provider
shall, at the time of entering into an agreement with
a customer for the provision of Internet access serv-
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ices, offer such customer (either for a fee or at no
charge) screening software that is designed to permit
the customer to limit access to material on the Inter-
net that is harmful to minors.
‘‘(2) DEFINITIONS.—As used in this subsection:
‘‘(A) INTERNET
ACCESS
PROVIDER.—The
term ‘Internet access provider’ means a person
engaged in the business of providing a computer
and communications facility through which a
customer may obtain access to the Internet, but
does not include a common carrier to the extent
that it provides only telecommunications serv-
ices.
‘‘(B) INTERNET
ACCESS
SERVICES.—The
term ‘Internet access services’ means the provi-
sion of computer and communications services
through which a customer using a computer and
a modem or other communications device may
obtain access to the Internet, but does not include
telecommunications services provided by a com-
mon carrier.
‘‘(C) SCREENING
SOFTWARE.—The term
‘screening software’ means software that is de-
signed to permit a person to limit access to ma-
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terial on the Internet that is harmful to mi-
nors.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply to agreements for the provision of
Internet access services entered into on or after the date that
is 6 months after the date of enactment of this Act.
SEC. 628. REPORT ON KOREAN STEEL SUBSIDIES. (a)
IN GENERAL.—Not later than 60 days after the date of en-
actment of this Act, the United States Trade Representative
(in this section referred to as the ‘‘Trade Representative’’)
shall report to Congress on the Trade Representative’s anal-
ysis regarding—
(1) whether the Korean Government provided
subsidies to Hanbo Steel;
(2) whether such subsidies had an adverse effect
on United States companies;
(3) the status of the Trade Representative’s con-
tacts with the Korean Government with respect to in-
dustry concerns regarding Hanbo Steel and efforts to
eliminate subsidies; and
(4) the status of the Trade Representative’s con-
tacts with other Asian trading partners regarding the
adverse effect of Korean steel subsidies on such trad-
ing partners.
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(b) STATUS OF INVESTIGATION.—The report described
in subsection (a) shall also include information on the sta-
tus of any investigations initiated as a result of press re-
ports that the Korean Government ordered Pohang Iron and
Steel Company, in which the Government owns a control-
ling interest, to sell steel in Korea at a price that is 30
percent lower than the international market prices.
SEC. 629. Notwithstanding any other provision of law,
no funds appropriated or otherwise made available for fis-
cal year 1999 by this Act or any other Act may be obligated
or expended for purposes of enforcing any rule or regulation
requiring the installation or operation aboard United
States fishing industry vessels of the Global Maritime Dis-
tress and Safety System (GMDSS).
SEC. 630. AGRICULTURAL EXPORT CONTROLS. The
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) is amended—
(1) by redesignating section 208 as section 209;
and
(2) by inserting after section 207 the following
new section:
‘‘SEC. 208. AGRICULTURAL CONTROLS.
‘‘(a) IN GENERAL.—
‘‘(1) REPORT TO CONGRESS.—If the President
imposes export controls on any agricultural commod-
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ity in order to carry out the provisions of this Act,
the President shall immediately transmit a report on
such action to Congress, setting forth the reasons for
the controls in detail and specifying the period of
time, which may not exceed 1 year, that the controls
are proposed to be in effect. If Congress, within 60
days after the date of its receipt of the report, adopts
a joint resolution pursuant to subsection (b), approv-
ing the imposition of the export controls, then such
controls shall remain in effect for the period specified
in the report, or until terminated by the President,
whichever occurs first. If Congress, within 60 days
after the date of its receipt of such report, fails to
adopt a joint resolution approving such controls, then
such controls shall cease to be effective upon the expi-
ration of that 60-day period.
‘‘(2) APPLICATION OF PARAGRAPH (1).—The pro-
visions of paragraph (1) and subsection (b) shall not
apply to export controls—
‘‘(A) which are extended under this Act if
the controls, when imposed, were approved by
Congress under paragraph (1) and subsection
(b); or
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‘‘(B) which are imposed with respect to a
country as part of the prohibition or curtailment
of all exports to that country.
‘‘(b) JOINT RESOLUTION.—
‘‘(1) IN
GENERAL.—For purposes of this sub-
section, the term ‘joint resolution’ means only a joint
resolution the matter after the resolving clause of
which is as follows: ‘That, pursuant to section 208 of
the International Emergency Economic Powers Act,
the President may impose export controls as specified
in 
the 
report 
submitted 
to 
Congress 
on
lllllllll.’, with the blank space being
filled with the appropriate date.
‘‘(2) INTRODUCTION.—On the day on which a re-
port is submitted to the House of Representatives and
the Senate under subsection (a), a joint resolution
with respect to the export controls specified in such
report shall be introduced (by request) in the House
of Representatives by the chairman of the Committee
on International Relations, for himself and the rank-
ing minority member of the Committee, or by Mem-
bers of the House designated by the chairman and
ranking minority member; and shall be introduced
(by request) in the Senate by the Majority Leader of
the Senate, for himself and the Minority Leader of the
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Senate, or by Members of the Senate designated by the
Majority Leader and Minority Leader of the Senate.
If either House is not in session on the day on which
such a report is submitted, the joint resolution shall
be introduced in that House, as provided in the pre-
ceding sentence, on the first day thereafter on which
that House is in session.
‘‘(3) REFERRAL.—All joint resolutions intro-
duced in the House of Representatives and in the Sen-
ate shall be referred to the appropriate committee.
‘‘(4) DISCHARGE OF COMMITTEE.—If the com-
mittee of either House to which a joint resolution has
been referred has not reported the joint resolution at
the end of 30 days after its referral, the committee
shall be discharged from further consideration of the
joint resolution or of any other joint resolution intro-
duced with respect to the same matter.
‘‘(5) CONSIDERATION IN SENATE AND HOUSE OF
REPRESENTATIVES.—A joint resolution under this
subsection shall be considered in the Senate in accord-
ance with the provisions of section 601(b)(4) of the
International Security Assistance and Arms Export
Control Act of 1976. For the purpose of expediting the
consideration and passage of joint resolutions re-
ported or discharged pursuant to the provisions of
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this subsection, it shall be in order for the Committee
on Rules of the House of Representatives to present
for consideration a resolution of the House of Rep-
resentatives providing procedures for the immediate
consideration of a joint resolution under this sub-
section which may be similar, if applicable, to the
procedures set forth in section 601(b)(4) of the Inter-
national Security Assistance and Arms Export Con-
trol Act of 1976.
‘‘(6) PASSAGE BY 1 HOUSE.—In the case of a
joint resolution described in paragraph (1), if, before
the passage by 1 House of a joint resolution of that
House, that House receives a resolution with respect
to the same matter from the other House, then—
‘‘(A) the procedure in that House shall be
the same as if no joint resolution had been re-
ceived from the other House; but
‘‘(B) the vote on final passage shall be on
the joint resolution of the other House.
‘‘(c) COMPUTATION OF TIME.—In the computation of
the period of 60 days referred to in subsection (a) and the
period of 30 days referred to in paragraph (4) of subsection
(b), there shall be excluded the days on which either House
of Congress is not in session because of an adjournment of
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more than 3 days to a day certain or because of an adjourn-
ment of Congress sine die.’’.
SEC. 631. INVESTIGATION OF PRACTICES OF CANADIAN
WHEAT BOARD. (a) IN GENERAL.—Notwithstanding any
other provision of law, not less than 4 of the new employees
authorized in fiscal years 1998 and 1999 for the Office of
the United States Trade Representative shall work on inves-
tigating pricing practices of the Canadian Wheat Board
and determining whether the United States spring wheat,
barley, or durum wheat industries have suffered injury as
a result of those practices.
(b) SCOPE OF INVESTIGATION.—The purpose of the in-
vestigation described in subsection (a) shall be to determine
whether the practices of the Canadian Wheat Board con-
stitute violations of the antidumping or countervailing duty
provisions of title VII of the Tariff Act of 1930 or the provi-
sions of title II or III of the Trade Act of 1974. The inves-
tigation shall include—
(1) a determination as to whether the United
States durum wheat industry, spring wheat industry,
or barley industry is being materially injured or is
threatened with material injury as a result of the
practices of the Canadian Wheat Board;
(2) a determination as to whether the acts, poli-
cies, or practices of the Canadian Wheat Board—
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(A) violate, or are inconsistent with, the
provisions of, or otherwise deny benefits to the
United States under, any trade agreement, or
(B) are unjustifiable or burden or restrict
United States commerce;
(3) a review of home market price and cost of ac-
quisition of Canadian grain;
(4) a determination as to whether Canadian
grain is being imported into the United States in suf-
ficient quantities to be a substantial cause of serious
injury or threat of serious injury to the United States
spring wheat, barley, or durum wheat industries; and
(5) a determination as to whether there is har-
monization in the requirements for cross-border trans-
portation of grain between Canada and the United
States.
(c) ACTION BASED ON RESULTS OF THE INVESTIGA-
TION.—
(1) IN GENERAL.—If, based on the investigation
conducted pursuant to this section, there is an affirm-
ative determination under subsection (b) with respect
to any act, policy, or practice of the Canadian Wheat
Board, appropriate action shall be initiated under
title VII of the Tariff Act of 1930, or title II or III
of the Trade Act of 1974.
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(2) CORRECTION
OF
HARMONIZATION
PROB-
LEMS.—If, based on the investigation conducted pur-
suant to this section, there is a determination that
there is no harmonization for cross-border grain
transportation between Canada and the United
States, the United States Trade Representative shall
report to Congress regarding what action should be
taken in order to harmonize cross-border transpor-
tation requirements.
(d) REPORT.—Not later than 6 months after the date
of enactment of this Act, the United States Trade Represent-
ative shall report to Congress on the results of the investiga-
tion conducted pursuant to this section.
(e) DEFINITION OF GRAIN.—For purposes of this sec-
tion, the terms ‘‘Canadian grain’’ and ‘‘grain’’ include
spring wheat, durum wheat, and barley.
SEC. 632. (a) IN GENERAL.—Section 331 of the Com-
munications Act of 1934 (47 U.S.C. 331) is amended by
adding at the end the following:
‘‘(c) FM TRANSLATOR STATIONS.—(1) It may be the
policy of the Commission, in any case in which the licensee
of an existing FM translator station operating in the com-
mercial FM band is licensed to a county (or to a commu-
nity in such county) that has a population of 700,000 or
more persons, is not an integral part of a larger municipal
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entity, and lacks a commercial FM radio station licensed
to the county (or to any community within such county),
to extend to the licensee—
‘‘(A) authority for the origination of unlimited
local programming through the station on a primary
basis but only if the licensee abides in such program-
ming by all rules, regulations, and policies of the
Commission regarding program material, content,
schedule, and public service obligations otherwise ap-
plicable to commercial FM radio stations; and
‘‘(B) authority to operate the station (either
omnidirectionally or directionally, with facilities
equivalent to those of a station operating with maxi-
mum effective radiated power of less than 100 watts
and maximum antenna height above average terrain
of 100 meters) if—
‘‘(i) the station is not located within 320
kilometers (approximately 199 miles) of the
United States border with Canada or with Mex-
ico;
‘‘(ii) the station provides full service FM
stations operating on co-channel and first adja-
cent channels protection from interference as re-
quired by rules and regulations of the Commis-
sion applicable to full service FM stations; and
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‘‘(iii) the station complies with any other
rules, regulations, and policies of the Commis-
sion applicable to FM translator stations that
are not inconsistent with the provisions of this
subparagraph.
‘‘(2) Notwithstanding any rules, regulations, or poli-
cies of the Commission applicable to FM translator stations,
a station operated under the authority of paragraph
(1)(B)—
‘‘(A) may accept or receive any amount of theo-
retical interference from any full service FM station;
‘‘(B) may be deemed to comply in such operation
with any intermediate frequency (IF) protection re-
quirements if the station’s effective radiated power in
the pertinent direction is less than 100 watts;
‘‘(C) may not be required to provide protection
in such operation to any other FM station operating
on 2nd or 3rd adjacent channels;
‘‘(D) may utilize transmission facilities located
in the county to which the station is licensed or in
which the station’s community of license is located;
and
‘‘(E) may utilize a directional antennae in such
operation to the extent that such use is necessary to
assure provision of maximum possible service to the
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residents of the county in which the station is licensed
or in which the station’s community of license is lo-
cated.
‘‘(3)(A) A licensee may exercise the authority provided
under paragraph (1)(A) immediately upon written notifi-
cation to the Commission of its intent to exercise such au-
thority.
‘‘(B)(i) A licensee may submit to the Commission an
application to exercise the authority provided under para-
graph (1)(B). The Commission may treat the application
as an application for a minor change to the license to which
the application applies.
‘‘(ii) A licensee may exercise the authority provided
under paragraph (1)(B) upon the granting of the applica-
tion to exercise the authority under clause (i).’’.
(b) CONFORMING AMENDMENT.—The section heading
of that section is amended to read as follows:
‘‘SEC. 331. VERY HIGH FREQUENCY STATIONS AND AM AND
FM RADIO STATIONS.’’.
(c) RENEWAL OF CERTAIN LICENSES.—(1) Notwith-
standing any other provision of law, the Federal Commu-
nications Commission may renew the license of an FM
translator station the licensee of which is exercising author-
ity under subparagraph (A) or (B) of section 331(c)(1) of
the Communications Act of 1934, as added by subsection
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(a), upon application for renewal of such license filed after
the date of enactment of this Act, if the Commission deter-
mines that the public interest, convenience, and necessity
would be served by the renewal of the license.
(2) If the Commission determines under paragraph (1)
that the public interest, convenience, and necessity would
not be served by the renewal of a license, the Commission
shall, within 30 days of the date on which the decision not
to renew the license becomes final, provide for the filing of
applications for licenses for FM translator service to replace
the FM translator service covered by the license not to be
renewed.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing on September 30, 1997, $45,326,000 are rescinded.
FEDERAL BUREAU OF INVESTIGATION
(RESCISSIONS)
Of the funds provided in previous Acts, the following
funds are hereby rescinded from the following accounts in
the specified amounts:
‘‘Construction, 1996’’, $6,000,000.
‘‘Construction, 1998’’, $4,000,000.
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‘‘Salaries and Expenses-Legal Attache´, 1998’’,
$4,178,000.
‘‘Salaries and Expenses, no year’’, $6,400,000.
‘‘Violent Crime Reduction Program, 1996’’,
$2,000,000.
‘‘Violent Crime Reduction Program, 1997’’,
$300,000.
DEPARTMENT OF COMMERCE
(RESCISSIONS)
Of the funds provided in previous Acts, the following
funds are hereby rescinded from the following accounts in
the specified amounts:
‘‘United States Travel and Tourism Administra-
tion, no year’’, $915,000.
‘‘Endowment for Children’s Educational TV, no year’’,
$1,175,000.
DEPARTMENT OF STATE
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
(RESCISSION)
Of the total amount of appropriations provided in Acts
enacted before this Act for the Interparliamentary Union,
$400,000 is rescinded.
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TITLE VIII—LOCAL GOVERNMENT LAW
ENFORCEMENT BLOCK GRANT ACT
SEC. 801. SHORT TITLE; DEFINITIONS. (a) SHORT
TITLE.—This title may be cited as the ‘‘Local Government
Law Enforcement Block Grant Act of 1998’’.
(b) DEFINITIONS.—In this Act:
(1) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Bureau of Justice Assistance of the De-
partment of Justice.
(2) JUVENILE.—The term ‘‘juvenile’’ means an
individual who is 17 years of age or younger.
(3) LAW
ENFORCEMENT
EXPENDITURES.—The
term ‘‘law enforcement expenditures’’ means the cur-
rent operation expenditures associated with police,
prosecutorial, legal, and judicial services, and correc-
tions as reported to the Bureau of the Census.
(4) PART 1 VIOLENT CRIMES.—The term ‘‘part 1
violent crimes’’ means murder and nonnegligent man-
slaughter, forcible rape, robbery, and aggravated as-
sault as reported to the Federal Bureau of Investiga-
tion for purposes of the Uniform Crime Reports.
(5) PAYMENT PERIOD.—The term ‘‘payment pe-
riod’’ means each 1-year period beginning on October
1 of any year in which a grant under this Act is
awarded.
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(6) STATE.—The term ‘‘State’’ means any State
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana
Islands, except that American Samoa, Guam, and the
Northern Mariana Islands shall be considered as 1
State and that, for purposes of section 805(a), 33 per-
cent of the amounts allocated shall be allocated to
American Samoa, 50 percent to Guam, and 17 per-
cent to the Northern Mariana Islands.
(7) UNIT
OF
LOCAL
GOVERNMENT.—The term
‘‘unit of local government’’ means—
(A) a county, township, city, or political
subdivision of a county, township, or city, that
is a general purpose unit of local government, as
determined by the Secretary of Commerce for
general statistical purposes, including a parish
sheriff in the State of Louisiana;
(B) the District of Columbia and the recog-
nized governing body of an Indian tribe or Alas-
ka Native village that carries out substantial
governmental duties and powers; and
(C) the Commonwealth of Puerto Rico, in
addition to being considered a State, for the pur-
poses set forth in section 802(a)(2).
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SEC. 802. PAYMENTS TO LOCAL GOVERNMENTS. (a)
PAYMENT AND USE.—
(1) PAYMENT.—The Director shall pay to each
unit of local government that qualifies for a payment
under this Act an amount equal to the sum of any
amounts allocated to such unit under this Act for
each payment period. The Director shall pay such
amount from amounts appropriated to carry out this
Act.
(2) USE.—Amounts paid to a unit of local gov-
ernment under this section shall be used by the unit
for reducing crime and improving public safety, in-
cluding but not limited to, 1 or more of the following
purposes:
(A)(i) Hiring, training, and employing on
a continuing basis new, additional law enforce-
ment officers and necessary support personnel.
(ii) Paying overtime to presently employed
law enforcement officers and necessary support
personnel for the purpose of increasing the num-
ber of hours worked by such personnel.
(iii) Procuring equipment, technology, and
other material directly related to basic law en-
forcement functions.
(B) Enhancing security measures—
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(i) in and around schools; and
(ii) in and around any other facility
or location that is considered by the unit of
local government to have a special risk for
incidents of crime.
(C) Establishing crime prevention programs
that may, though not exclusively, involve law en-
forcement officials and that are intended to dis-
courage, disrupt, or interfere with the commis-
sion of criminal activity, including neighborhood
watch and citizen patrol programs, sexual as-
sault and domestic violence programs, and pro-
grams intended to prevent juvenile crime.
(D) Establishing or supporting drug courts.
(E) Establishing early intervention and
prevention programs for juveniles to reduce or
eliminate crime.
(F) Enhancing the adjudication process of
cases involving violent offenders, including the
adjudication process of cases involving violent
juvenile offenders.
(G) Enhancing programs under subpart 1
of part E of the Omnibus Crime Control and
Safe Streets Act of 1968.
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(H) Establishing cooperative task forces be-
tween adjoining units of local government to
work cooperatively to prevent and combat crimi-
nal activity, particularly criminal activity that
is exacerbated by drug or gang-related involve-
ment.
(I) Establishing a multijurisdictional task
force, particularly in rural areas, composed of
law enforcement officials representing units of
local government, that works with Federal law
enforcement officials to prevent and control
crime.
(J) Establishing or supporting programs
designed to collect, record, retain, and dissemi-
nate information useful in the identification,
prosecution, and sentencing of offenders, such as
criminal history information, fingerprints, DNA
tests, and ballistics tests.
(3) DEFINITIONS.—In this subsection—
(A) the term ‘‘violent offender’’ means a
person charged with committing a part I violent
crime; and
(B) the term ‘‘drug courts’’ means a pro-
gram that involves—
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(i) continuing judicial supervision over
offenders with substance abuse problems who
are not violent offenders; and
(ii) the integrated administration of
other sanctions and services, which shall in-
clude—
(I) mandatory periodic testing for
the use of controlled substances or other
addictive substances during any period
of supervised release or probation for
each participant;
(II) substance abuse treatment for
each participant;
(III) probation, or other super-
vised release involving the possibility
of prosecution, confinement, or incar-
ceration based on noncompliance with
program requirements or failure to
show satisfactory progress; and
(IV) programmatic, offender man-
agement, and aftercare services such as
relapse 
prevention, 
vocational 
job
training, job placement, and housing
placement.
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(b) PROHIBITED USES.—Notwithstanding any other
provision of this Act, a unit of local government may not
expend any of the funds provided under this Act to pur-
chase, lease, rent, or otherwise acquire—
(1) tanks or armored personnel carriers;
(2) fixed wing aircraft;
(3) limousines;
(4) real estate;
(5) yachts;
(6) consultants; or
(7) vehicles not primarily used for law enforce-
ment;
unless the Attorney General certifies that extraordinary and
exigent circumstances exist that make the use of funds for
such purposes essential to the maintenance of public safety
and good order in such unit of local government. With re-
gard to paragraph (2), such circumstances shall be deemed
to exist with respect to a unit of local government in a rural
State, as defined in section 1501 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb),
upon certification by the chief law enforcement officer of
the unit of local government that the unit of local govern-
ment is experiencing an increase in production or cultiva-
tion of a controlled substance or listed chemical (as defined
in section 102 of the Controlled Substances Act), and that
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the fixed wing aircraft will be used in the detection, disrup-
tion, or abatement of such production or cultivation.
(c) TIMING OF PAYMENTS.—The Director shall pay
each unit of local government that has submitted an appli-
cation under this Act not later than the later of—
(1) 90 days after the date that the amount is
available; or
(2) the first day of the payment period if the
unit of local government has provided the Director
with the assurances required by section 804(c).
(d) ADJUSTMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), the
Director shall adjust a payment under this Act to a
unit of local government to the extent that a prior
payment to the unit of local government was more or
less than the amount required to be paid.
(2) CONSIDERATIONS.—The Director may in-
crease or decrease under this subsection a payment to
a unit of local government only if the Director deter-
mines the need for the increase or decrease, or if the
unit requests the increase or decrease, not later than
1 year after the end of the payment period for which
a payment was made.
(e) RESERVATION FOR ADJUSTMENT.—The Director
may reserve a percentage of not more than 2 percent of the
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amount under this section for a payment period for all
units of local government in a State if the Director consid-
ers the reserve is necessary to ensure the availability of suf-
ficient amounts to pay adjustments after the final alloca-
tion of amounts among the units of local government in
the State.
(f) REPAYMENT OF UNEXPENDED AMOUNTS.—
(1) REPAYMENT REQUIRED.—A unit of local gov-
ernment shall repay to the Director, by not later than
27 months after receipt of funds from the Director,
any amount that is—
(A) paid to the unit from amounts appro-
priated under the authority of this section; and
(B) not expended by the unit within 2 years
after receipt of such funds from the Director.
(2) PENALTY FOR FAILURE TO REPAY.—If the
amount required to be repaid is not repaid, the Direc-
tor shall reduce payment in future payment periods
accordingly.
(3) DEPOSIT
OF
AMOUNTS
REPAID.—Amounts
received by the Director as repayments under this
subsection shall be deposited in a designated fund for
future payments to units of local government. Any
amounts remaining in such designated fund after 5
years following the date of enactment of this Act shall
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be applied to the Federal deficit or, if there is no Fed-
eral deficit, to reducing the Federal debt.
(g) NONSUPPLANTING REQUIREMENT.—Funds made
available under this Act to units of local government shall
not be used to supplant State or local funds, but shall be
used to increase the amount of funds that would, in the
absence of funds made available under this Act, be made
available from State or local sources.
(h) MATCHING FUNDS.—The Federal share of a grant
received under this Act may not exceed 90 percent of the
costs of a program or proposal funded under this Act. No
funds provided under this Act may be used as matching
funds for any other Federal grant program.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS. (a)
AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this Act $750,000,000
for each of fiscal years 1998 through 2003.
(b) OVERSIGHT ACCOUNTABILITY AND ADMINISTRA-
TION.—Not more than 3 percent of the amount authorized
to be appropriated under subsection (a) for each of the fiscal
years 1998 through 2003 shall be available to the Attorney
General for studying the overall effectiveness and efficiency
of the provisions of this Act, and assuring compliance with
the provisions of this Act and for administrative costs to
carry out the purposes of this Act. From the amount de-
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scribed in the preceding sentence, the Bureau of Justice As-
sistance shall receive such sums as may be necessary for
the actual costs of administration and monitoring. The At-
torney General shall establish and execute an oversight plan
for monitoring the activities of grant recipients. Such sums
are to remain available until expended.
(c) FUNDING SOURCE.—Appropriations for activities
authorized in this Act may be made from the Violent Crime
Reduction Trust Fund.
(d) TECHNOLOGY ASSISTANCE.—Of the amount appro-
priated under subsection (a) for each of fiscal years 1998
through 2003, the Attorney General shall reserve—
(1) 3 percent for use by the Bureau of Justice
Statistics for information and identification tech-
nology, including the Integrated Automated Finger-
print Identification System (IAFIS), DNA, and bal-
listics systems; and
(2) 3 percent for use by the National Institute of
Justice in assisting units of local government to iden-
tify, select, develop, modernize, and purchase new
technologies for use by law enforcement.
(e) AVAILABILITY.—The amounts appropriated under
subsection (a) shall remain available until expended.
SEC. 804. QUALIFICATION FOR PAYMENT. (a) IN GEN-
ERAL.—The Director shall issue regulations establishing
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procedures under which a unit of local government is re-
quired to provide notice to the Director regarding the pro-
posed use of funds made available under this Act.
(b) PROGRAM REVIEW.—The Director shall establish
a process for the ongoing evaluation of projects developed
with funds made available under this Act.
(c) GENERAL REQUIREMENTS FOR QUALIFICATION.—
A unit of local government qualifies for a payment under
this Act for a payment period only if the unit of local gov-
ernment submits an application to the Director and estab-
lishes, to the satisfaction of the Director, that—
(1) the unit of local government has established
a local advisory board that—
(A) includes, but is not limited to, a rep-
resentative from—
(i) the local police department or local
sheriff’s department;
(ii) the local prosecutor’s office;
(iii) the local court system;
(iv) the local public school system; and
(v) a local nonprofit, educational, reli-
gious, or community group active in crime
prevention or drug use prevention or treat-
ment;
(B) has reviewed the application; and
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(C) is designated to make nonbinding rec-
ommendations to the unit of local government for
the use of funds received under this Act;
(2) the chief executive officer of the State has had
not less than 20 days to review and comment on the
application prior to submission to the Director;
(3)(A) the unit of local government will establish
a trust fund in which the government will deposit all
payments received under this Act; and
(B) the unit of local government will use
amounts in the trust fund (including interest) during
a period not to exceed 2 years from the date the first
grant payment is made to the unit of local govern-
ment;
(4) the unit of local government will expend the
payments received in accordance with the laws and
procedures that are applicable to the expenditure of
revenues of the unit of local government;
(5) the unit of local government will use account-
ing, audit, and fiscal procedures that conform to
guidelines, which shall be prescribed by the Director
after consultation with the Comptroller General of the
United States and as applicable, amounts received
under this Act shall be audited in compliance with
the Single Audit Act of 1984;
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(6) after reasonable notice from the Director or
the Comptroller General of the United States to the
unit of local government, the unit of local government
will make available to the Director and the Comptrol-
ler General of the United States, with the right to in-
spect, records that the Director reasonably requires to
review compliance with this Act or that the Comptrol-
ler General of the United States reasonably requires
to review compliance and operation;
(7) a designated official of the unit of local gov-
ernment shall make reports the Director reasonably
requires, in addition to the annual reports required
under this Act;
(8) the unit of local government will spend the
funds made available under this Act only for the pur-
poses set forth in section 802(a)(2);
(9) the unit of local government will achieve a
net gain in the number of law enforcement officers
who perform nonadministrative public safety service
if such unit uses funds received under this Act to in-
crease the number of law enforcement officers as de-
scribed under section 802(a)(2)(A);
(10) the unit of local government—
(A) has an adequate process to assess the
impact of any enhancement of a school security
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measure that is undertaken under section
802(a)(2)(B), or any crime prevention programs
that are established under subparagraphs (C)
and (E) of section 802(a)(2), on the incidence of
crime in the geographic area where the enhance-
ment is undertaken or the program is estab-
lished;
(B) will conduct such an assessment with
respect to each such enhancement or program;
and
(C) will submit an annual written assess-
ment report to the Director; and
(11) the unit of local government has established
procedures to give members of the Armed Forces who,
on or after October 1, 1990, were or are selected for
involuntary separation (as described in section 1141
of title 10, United States Code), approved for separa-
tion under section 1174a or 1175 of such title, or re-
tired pursuant to the authority provided under sec-
tion 4403 of the Defense Conversion, Reinvestment,
and Transition Assistance Act of 1992 (division D of
Public Law 102–484; 10 U.S.C. 1293 note), a suitable
preference in the employment of persons as additional
law enforcement officers or support personnel using
funds made available under this Act. The nature and
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extent of such employment preference shall be jointly
established by the Attorney General and the Secretary
of Defense. To the extent practicable, the Director
shall endeavor to inform members who were separated
between October 1, 1990, and the date of enactment
of this Act of their eligibility for the employment pref-
erence.
(d) SANCTIONS FOR NONCOMPLIANCE.—
(1) IN
GENERAL.—If the Director determines
that a unit of local government has not complied sub-
stantially with the requirements or regulations pre-
scribed under subsections (a) and (c), the Director
shall notify the unit of local government that if the
unit of local government does not take corrective ac-
tion within 60 days of such notice, the Director will
withhold additional payments to the unit of local gov-
ernment for the current and future payment periods
until the Director is satisfied that the unit of local
government—
(A) has taken the appropriate corrective ac-
tion; and
(B) will comply with the requirements and
regulations prescribed under subsections (a) and
(c).
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(2) NOTICE.—Before giving notice under para-
graph (1), the Director shall give the chief executive
officer of the unit of local government reasonable no-
tice and an opportunity for comment.
(e) MAINTENANCE
OF EFFORT REQUIREMENT.—A
unit of local government qualifies for a payment under this
Act for a payment period only if the unit’s expenditures
on law enforcement services (as reported by the Bureau of
the Census) for the fiscal year preceding the fiscal year in
which the payment period occurs were not less than 90 per-
cent of the unit’s expenditures on such services for the sec-
ond fiscal year preceding the fiscal year in which the pay-
ment period occurs.
SEC. 805. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) STATE SET-ASIDE.—
(1) IN GENERAL.—Of the total amounts appro-
priated for this Act for each payment period, the Di-
rector shall allocate for units of local government in
each State an amount that bears the same ratio to
such total as the average annual number of part 1
violent crimes reported by such State to the Federal
Bureau of Investigation for the 3 most recent cal-
endar years for which such data is available, bears to
the number of part 1 violent crimes reported by all
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States to the Federal Bureau of Investigation for such
years.
(2) MINIMUM REQUIREMENT.—Each State shall
receive not less than 0.5 percent of the total amounts
appropriated under section 803 under this subsection
for each payment period.
(3) PROPORTIONAL
REDUCTION.—If amounts
available to carry out paragraph (2) for any payment
period are insufficient to pay in full the total pay-
ment that any State is otherwise eligible to receive
under paragraph (1) for such period, then the Direc-
tor shall reduce payments under paragraph (1) for
such payment period to the extent of such insuffi-
ciency. Reductions under the preceding sentence shall
be allocated among the States (other than States
whose payment is determined under paragraph (2))
in the same proportions as amounts would be allo-
cated under paragraph (1) without regard to para-
graph (2).
(b) LOCAL DISTRIBUTION.—
(1) IN GENERAL.—From the amount reserved for
each State under subsection (a), the Director shall al-
locate among units of local government an amount
that bears the same ratio to the aggregate amount of
such funds as
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(A) the product of—
(i) two-thirds; multiplied by
(ii) the ratio of the average annual
number of part 1 violent crimes in such
unit of local government for the 3 most re-
cent calendar years for which such data is
available, to the sum of such violent crime
in all units of local government in the
State; and
(B) the product of—
(i) one-third; multiplied by
(ii) the ratio of the law enforcement ex-
penditure, for such unit of local government
for the most recent year for which such data
are available, to such expenditures for all
units of local government in the State.
(2) EXPENDITURES.—The allocation any unit of
local government shall receive under paragraph (1)
for a payment period shall not exceed 100 percent of
law enforcement expenditures of the unit for such
payment period.
(3) REALLOCATION.—The amount of any unit of
local government’s allocation that is not available to
such unit by operation of paragraph (2) shall be
available to other units of local government that are
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not affected by such operation in accordance with this
subsection.
(4) LOCAL GOVERNMENTS WITH ALLOCATIONS OF
LESS THAN $10,000.—If under paragraph (1) a unit
of local government is allotted less than $10,000 for
the payment period, the amount allotted shall be
transferred to the chief executive officer of the State
who shall distribute such funds among State police
departments that provide law enforcement services to
units of local government and units of local govern-
ment whose allotment is less than such amount in a
manner that reduces crime and improves public safe-
ty.
(5) SPECIAL RULE.—If a unit of local govern-
ment in the State has been annexed since the date of
the collection of the data used by the Director in mak-
ing allocations pursuant to this section, the Director
shall pay the amount that would have been allocated
to such unit of local government to the unit of local
government that annexed it.
(c) GRANTS
TO INDIAN TRIBES.—Notwithstanding
subsections (a) and (b), of the amount appropriated under
section 803(a) in each of fiscal years 1998 through 2003,
the Attorney General shall reserve 0.3 percent for grants
to Indian tribal governments performing law enforcement
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functions, to be used for the purposes described in section
802. To be eligible to receive a grant with amounts set aside
under this subsection, an Indian tribal government shall
submit to the Attorney General an application in such form
and containing such information as the Attorney General
may by regulation require.
(d) UNAVAILABILITY AND INACCURACY OF INFORMA-
TION.—
(1) DATA FOR STATES.—For purposes of this sec-
tion, if data regarding part 1 violent crimes in any
State for the 3 most recent calendar years is unavail-
able, insufficient, or substantially inaccurate, the Di-
rector shall utilize the best available comparable data
regarding the number of violent crimes for such years
for such State for the purposes of allocation of any
funds under this Act.
(2) POSSIBLE INACCURACY OF DATA FOR UNITS
OF LOCAL GOVERNMENT.—In addition to the provi-
sions of paragraph (1), if the Director believes that
the reported rate of part 1 violent crimes or legal ex-
penditure information for a unit of local government
is insufficient or inaccurate, the Director shall—
(A) investigate the methodology used by
such unit to determine the accuracy of the sub-
mitted data; and
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(B) when necessary, use the best available
comparable data regarding the number of violent
crimes or legal expenditure information for such
years for such unit of local government.
SEC. 806. UTILIZATION OF PRIVATE SECTOR. Funds
or a portion of funds allocated under this Act may be uti-
lized to contract with private, nonprofit entities or commu-
nity-based organizations to carry out the purposes specified
under section 802(a)(2).
SEC. 807. PUBLIC PARTICIPATION. (a) IN GENERAL.—
A unit of local government expending payments under this
Act shall hold not less than 1 public hearing on the proposed
use of the payment from the Director in relation to its en-
tire budget.
(b) VIEWS.—At the hearing, persons shall be given an
opportunity to provide written and oral views to the unit
of local government authority responsible for enacting the
budget.
(c) TIME AND PLACE.—The unit of local government
shall hold the hearing at a time and place that allows and
encourages public attendance and participation.
SEC. 808. ADMINISTRATIVE PROVISIONS. The adminis-
trative provisions of part H of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3782 et seq.), shall
apply to this Act and for purposes of this section any ref-
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erence in such provisions to title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.) shall be deemed to be a reference to this Act.
TITLE IX—NATIONAL WHALE CONSERVATION
FUND ACT
SEC. 901. SHORT TITLE. This title may be cited as
the ‘‘National Whale Conservation Fund Act of 1998’’.
SEC. 902. FINDINGS. Congress finds that—
(1) the populations of whales that occur in wa-
ters of the United States are resources of substantial
ecological, scientific, socioeconomic, and esthetic
value;
(2) whale populations—
(A) form a significant component of marine
ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale
watching tourist industry that provides the pub-
lic an opportunity to enjoy and learn about
great whales and the ecosystems of which the
whales are a part; and
(D) are of importance to Native Americans
for cultural and subsistence purposes;
(3) whale populations are in various stages of re-
covery, and some whale populations, such as the