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vided, That $152,523,000 of offsetting collections shall be
assessed and collected pursuant to section 9 of title I of
the Communications Act of 1934, as amended, and shall
be retained and used for necessary expenses in this appro-
priation, and shall remain available until expended: Pro-
vided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 1998 so as to result in a final fiscal year 1998
appropriation estimated at $34,556,000 (reduced by
$10,000,000): Provided further, That any offsetting collec-
tions received in excess of $152,523,000 in fiscal year
1998 shall remain available until expended, but shall not
be available for obligation until October 1, 1998.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime
Commission as authorized by section 201(d) of the Mer-
chant Marine Act of 1936, as amended (46 U.S.C. App.
1111), including services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901 and 5902; $13,500,000: Pro-
vided, That not to exceed $2,000 shall be available for offi-
cial reception and representation expenses.
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FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Com-
mission, including uniforms or allowances therefor, as au-
thorized by 5 U.S.C. 5901 and 5902; services as author-
ized by 5 U.S.C. 3109; hire of passenger motor vehicles;
and not to exceed $2,000 for official reception and rep-
resentation
expenses;
$95,000,000
(reduced
by
$6,000,000): Provided, That not to exceed $300,000 shall
be available for use to contract with a person or persons
for collection services in accordance with the terms of 31
U.S.C. 3718, as amended: Provided further, That notwith-
standing any other provision of law, not to exceed
$70,000,000 of offsetting collections derived from fees col-
lected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as
such offsetting collections are received during fiscal year
1998, so as to result in a final fiscal year 1998 appropria-
tion from the General Fund estimated at not more than
$25,000,000, to remain available until expended: Provided
further, That any fees received in excess of $70,000,000
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in fiscal year 1998 shall remain available until expended,
but shall not be available for obligation until October 1,
1998: Provided further, That none of the funds made
available to the Federal Trade Commission shall be avail-
able for obligation for expenses authorized by section 151
of the Federal Deposit Insurance Corporation Improve-
ment Act of 1991 (Public Law 102–242, 105 Stat. 2282–
2285).
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to
carry out the purposes of the Legal Services Corporation
Act of 1974, as amended, $141,000,000 (increased by
$109,000,000), of which $134,575,000 (increased by
$109,000,000) is for basic field programs and required
independent audits; $1,125,000 is for the Office of Inspec-
tor General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; and
$5,300,000 is for management and administration.
ADMINISTRATIVE PROVISION—LEGAL SERVICES
CORPORATION
SEC. 501. (a) CONTINUATION OF COMPETITIVE SE-
LECTION PROCESS.—None of the funds appropriated in
this Act to the Legal Services Corporation may be used
to provide financial assistance to any person or entity ex-
cept through a competitive selection process conducted in
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accordance with regulations promulgated by the Corpora-
tion in accordance with the criteria set forth in subsections
(c), (d), and (e) of section 503 of Public Law 104–134
(110 Stat. 1321–52 et seq.).
(b) INAPPLICABILITY OF CERTAIN PROCEDURES.—
Sections 1007(a)(9) and 1011 of the Legal Services Cor-
poration Act (42 U.S.C. 2996f(a)(9) and 2996j) shall not
apply to the provision, denial, suspension, or termination
of any financial assistance using funds appropriated in
this Act.
(c) ADDITIONAL PROCEDURES.—If, during any term
of a grant or contract awarded to a recipient by the Legal
Services Corporation under the competitive selection proc-
ess referred to in subsection (a) and applicable Corpora-
tion regulations, the Corporation finds, after notice and
opportunity for the recipient to be heard, that the recipi-
ent has failed to comply with any requirement of the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.), this
Act, or any other applicable law relating to funding for
the Corporation, the Corporation may terminate the grant
or contract and institute a new competitive selection proc-
ess for the area served by the recipient, notwithstanding
the terms of the recipient’s grant or contract.
SEC. 502. (a) CONTINUATION OF REQUIREMENTS
AND RESTRICTIONS.—None of the funds appropriated in
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this Act to the Legal Services Corporation shall be ex-
pended for any purpose prohibited or limited by, or con-
trary to any of the provisions of—
(1) sections 501, 502, 505, 506, and 507 of
Public Law 104–134 (110 Stat. 1321–51 et seq.),
and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same
terms and conditions as set forth in such sections,
except that all references in such sections to 1995
and 1996 shall be deemed to refer instead to 1997
and 1998, respectively; and
(2) section 504 of Public Law 104–134 (110
Stat. 1321–53 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set
forth in such section, except that—
(A) subsection (c) of such section 504 shall
not apply;
(B) paragraph (3) of section 508(b) of
Public Law 104–134 (110 Stat. 1321–58) shall
apply with respect to the requirements of sub-
section (a)(13) of such section 504, except that
all references in such section 508(b) to the date
of enactment shall be deemed to refer to April
26, 1996; and
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(C) subsection (a)(11) of such section 504
shall not be construed to prohibit a recipient
from using funds derived from a source other
than the Corporation to provide related legal
assistance to—
(i) an alien who has been battered or
subjected to extreme cruelty in the United
States by a spouse or a parent, or by a
member of the spouse’s or parent’s family
residing in the same household as the alien
and the spouse or parent consented or ac-
quiesced to such battery or cruelty; or
(ii) an alien whose child has been bat-
tered or subjected to extreme cruelty in the
United States by a spouse or parent of the
alien (without the active participation of
the alien in the battery or extreme cru-
elty), or by a member of the spouse’s or
parent’s family residing in the same house-
hold as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty, and the alien did no actively par-
ticipate in such battery or cruelty.
(b)
DEFINITIONS.—For
purposes
of
subsection
(a)(2)(C):
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(1) The term ‘‘battered or subjected to extreme
cruelty’’ has the meaning given such term under reg-
ulations issued pursuant to subtitle G of the Vio-
lence Against Women Act of 1994 (Pub. L. 103–
322; 108 Stat. 1953).
(2) The term ‘‘related legal assistance’’ means
legal assistance directly related to the prevention of,
or obtaining of relief from, the battery or cruelty de-
scribed in such subsection.
SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE-
MENTS.—The requirements of section 509 of Public Law
104–134 (110 Stat. 1321–58 et seq.), other than sub-
section (l) of such section, shall apply during fiscal year
1998.
(b) REQUIREMENT OF ANNUAL AUDIT.—An annual
audit of each person or entity receiving financial assist-
ance from the Legal Services Corporation under this Act
shall be conducted during fiscal year 1998 in accordance
with the requirements referred to in subsection (a).
SEC. 504. (a) DEBARMENT.—The Legal Services
Corporation may debar a recipient, on a showing of good
cause, from receiving an additional award of financial as-
sistance from the Corporation. Any such action to debar
a recipient shall be instituted after the Corporation pro-
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vides notice and an opportunity for a hearing to the recipi-
ent.
(b) REGULATIONS.—The Legal Services Corporation
shall promulgate regulations to implement this section.
(c) GOOD CAUSE.—In this section, the term ‘‘good
cause’’, used with respect to debarment, includes—
(1) prior termination of the financial assistance
of the recipient, under part 1640 of title 45, Code
of Federal Regulations (or any similar corresponding
regulation or ruling);
(2) prior termination in whole, under part 1606
of title 45, Code of Federal Regulations (or any
similar corresponding regulation or ruling), of the
most recent financial assistance received by the re-
cipient, prior to date of the debarment decision;
(3) substantial violation by the recipient of the
statutory or regulatory restrictions that prohibit re-
cipients from using financial assistance made avail-
able by the Legal Services Corporation or other fi-
nancial assistance for purposes prohibited under the
Legal Services Corporation Act (42 U.S.C. 2996 et
seq.) or for involvement in any activity prohibited
by, or inconsistent with, section 504 of Public Law
104–134
(110
Stat.
1321–53
et
seq.),
section
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502(a)(2) of Public Law 104–208 (110 Stat. 3009–
59 et seq.), or section 502(a)(2) of this Act;
(4) knowing entry by the recipient into a
subgrant, subcontract, or other agreement with an
entity that had been debarred by the Corporation; or
(5) the filing of a lawsuit by the recipient, on
behalf of the recipient, as part of any program re-
ceiving any Federal funds, naming the Corporation,
or any agency or employee of a Federal, State, or
local government, as a defendant.
SEC. 505. (a) Not later than January 1, 1998, the
Legal Services Corporation shall implement a system of
case information disclosure which shall apply to all basic
field programs which receive funds from the Legal Serv-
ices Corporation from funds appropriated in this Act.
(b) Any basic field program which receives Federal
funds from the Legal Services Corporation from funds ap-
propriated in this Act must disclose to the public in writ-
ten form, upon request, and to the Legal Services Cor-
poration in semiannual reports, the following information
about each case filed by its attorneys in any court:
(1) The name and full address of each party to
the legal action unless such information is protected
by an order or rule of a court or by State or Federal
law or revealing such information would put the cli-
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ent of the recipient of such Federal funds at risk of
physical harm.
(2) The cause of action in the case.
(3) The name and address of the court in which
the case was filed and the case number assigned to
the legal action.
(c) The case information disclosed in semi-annual re-
ports to the Legal Services Corporation shall be subject
to disclosure under section 552 of title 5, United States
Code.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $1,000,000.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Ex-
change Commission, including services as authorized by
5 U.S.C. 3109, the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, and
not to exceed $3,000 for official reception and representa-
tion expenses, $283,000,000, of which not to exceed
$10,000 may be used toward funding a permanent sec-
retariat for the International Organization of Securities
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Commissions, and of which not to exceed $100,000 shall
be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and
other regulatory officials, members of their delegations,
appropriate representatives and staff to exchange views
concerning developments relating to securities matters, de-
velopment and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities mar-
kets, such expenses to include necessary logistic and ad-
ministrative expenses and the expenses of Commission
staff and foreign invitees in attendance at such consulta-
tions and meetings including: (1) such incidental expenses
as meals taken in the course of such attendance; (2) any
travel and transportation to or from such meetings; and
(3) any other related lodging or subsistance: Provided,
That fees and charges authorized by sections 6(b)(4) of
the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and
31(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(d)) shall be credited to this account as offsetting col-
lections:
Provided
further,
That
not
to
exceed
$249,523,000 of such offsetting collections shall be avail-
able until expended for necessary expenses of this account:
Provided further, That the total amount appropriated for
fiscal year 1998 under this heading shall be reduced as
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all such offsetting fees are deposited to this appropriation
so as to result in a final total fiscal year 1998 appropria-
tion from the General Fund estimated at not more than
$33,477,000: Provided further, That any such fees col-
lected in excess of $249,523,000 shall remain available
until expended but shall not be available for obligation
until October 1, 1998.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for,
of the Small Business Administration as authorized by
Public Law 103–403, including hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343 and 1344, and
not to exceed $3,500 for official reception and representa-
tion expenses, $235,047,000: Provided, That the Adminis-
trator is authorized to charge fees to cover the cost of pub-
lications developed by the Administration, and certain loan
servicing activities: Provided further, That, notwithstand-
ing 31 U.S.C. 3302, revenues received from all such activi-
ties shall be credited to this account, to be available for
carrying out these purposes without further appropria-
tions: Provided further, That $75,500,000 shall be avail-
able to fund grants for performance in fiscal year 1998
or fiscal year 1999 as authorized by section 21 of the
Small Business Act, as amended.
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OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended (5 U.S.C. App. 1–11,
as amended by Public Law 100–504), $9,490,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $187,100,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000
shall remain available until September 30, 1999: Provided,
That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That during
fiscal year 1998, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958,
as amended, shall not exceed the amount of financings au-
thorized under section 20(n)(2)(B) of the Small Business
Act, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $94,000,000,
which may be transferred to and merged with the appro-
priations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of disaster loans and associated adminis-
trative expenses, $199,100,000, to remain available until
expended: Provided, That such costs for direct loans, in-
cluding the cost of modifying such loans, shall be as de-
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fined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the amounts available
under this heading, $500,000 shall be transferred to and
merged with appropriations for the Office of Inspector
General of the Small Business Administration for audits
and reviews of disaster loans and the disaster loan pro-
gram.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business
Investment Act, as amended, $3,500,000, to remain avail-
able without fiscal year limitation as authorized by 15
U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between
such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under sec-
tion 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
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STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by the State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–
4516)), $3,000,000, to remain available until expended:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
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tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be af-
fected thereby.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1998, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions, or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fif-
teen days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agen-
cies funded by this Act that remain available for obligation
or expenditure in fiscal year 1998, or provided from any
accounts in the Treasury of the United States derived by
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the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogram-
ming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers
of personnel by 10 percent as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing pro-
grams, activities, or projects as approved by Congress; un-
less the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such re-
programming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Ad-
ministration in shipyards located outside of the United
States.
SEC.
607.
(a)
PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
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(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment made in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Com-
mission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by
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the Commission on October 1, 1993 (58 Fed. Reg.
51266).
SEC. 609. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay for any cost incurred for: (1) opening or
operating any United States diplomatic or consular post
in the Socialist Republic of Vietnam that was not operat-
ing on July 11, 1995; (2) expanding any United States
diplomatic or consular post in the Socialist Republic of
Vietnam that was operating on July 11, 1995; or (3) in-
creasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Repub-
lic of Vietnam above the levels existing on July 11, 1995,
unless the President certifies within 60 days, based upon
all information available to the United States Government
that the Government of the Socialist Republic of Vietnam
is cooperating in full faith with the United States in the
following four areas:
(1) Resolving discrepancy cases, live sightings
and field activities.
(2) Recovering and repatriating American re-
mains.
(3) Accelerating efforts to provide documents
that will help lead to fullest possible accounting of
POW/MIA’s.
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(4) Providing further assistance in implement-
ing trilateral investigations with Laos.
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking
when it is made known to the Federal official having au-
thority to obligate or expend such funds: (1) that the Unit-
ed Nations undertaking is a peacekeeping mission; (2)
that such undertaking will involve United States Armed
Forces under the command or operational control of a for-
eign national; and (3) that the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national security inter-
ests of the United States and the President has not sub-
mitted to the Congress such a recommendation.
SEC. 611. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo,
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karate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates
or heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion (NOAA) under the heading ‘‘Fleet Modernization,
Shipbuilding and Conversion’’ may be used to implement
sections 603, 604, and 605 of Public Law 102–567.
SEC. 613. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropria-
tions accounts as may be necessary to carry out this sec-
tion is provided in addition to authorities included else-
where in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compli-
ance with the procedures set forth in that section.
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SEC. 614. None of the funds made available in this
Act to the Federal Bureau of Prisons may be used to dis-
tribute or make available any commercially published in-
formation or material to a prisoner when it is made known
to the Federal official having authority to obligate or ex-
pend such funds that such information or material is sexu-
ally explicit or features nudity.
SEC. 615. Of the funds appropriated in this Act
under the heading ‘‘OFFICE OF JUSTICE PROGRAMS—
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE’’, not
more than ninety percent of the amount to be awarded
to an entity under the Local Law Enforcement Block
Grant shall be made available to such an entity when it
is made known to the Federal official having authority to
obligate or expend such funds that the entity that employs
a public safety officer (as such term is defined in section
1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968) does not provide such a public safety
officer who retires or is separated from service due to in-
jury suffered as the direct and proximate result of a per-
sonal injury sustained in the line of duty while responding
to an emergency situation or a hot pursuit (as such terms
are defined by State law) with the same or better level
of health insurance benefits that are paid by the entity
at the time of retirement or separation.
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SEC. 616. None of the funds made available in this
Act may be used to issue or renew a fishing permit or
authorization for any fishing vessel of the United States
greater than 165 feet in length or greater than 3,000
horsepower, as specified in the permit application required
under part 648.4(a)(5) of title 50, Code of Federal Regu-
lations,
and
the
authorization
required
under
part
648.8(d)(2) of title 50, Code of Federal Regulations, to
engage in fishing for Atlantic mackerel or herring (or
both) under the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
SEC. 617. ATTORNEYS FEES AND OTHER COSTS IN
CERTAIN CRIMINAL CASES.—During fiscal year 1997 and
in any fiscal year thereafter, the court, in any criminal
case (other than a case arising under chapter 47 of title
10, United States Code) pending on or after the date of
the enactment of this Act, shall award, and the United
States shall pay, to a prevailing party, other than the
United States, a reasonable attorney’s fee and other litiga-
tion costs, unless the court finds that the position of the
United States was substantially justified or that other spe-
cial circumstances make an award unjust. Such awards
shall be granted pursuant to the procedures and limita-
tions provided for an award under section 2412 of title
28, United States Code. Fees and other expenses awarded
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under this provision to a party shall be paid by the agency
over which the party prevails from any funds made avail-
able to the agency by appropriation. No new appropria-
tions shall be made as a result of this provision.
SEC. 618. None of the funds provided by this Act
shall be available to promote the sale or export of tobacco
or tobacco products, or to seek the reduction or removal
by any foreign country of restrictions on the marketing
of tobacco or tobacco products, except for restrictions
which are not applied equally to all tobacco or tobacco
products of the same type.
SEC. 619. 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. 620. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay the salary or expenses of any official or
employee of the Department of State to make or carry
out any contract authorizing any private entity to assess
a charge or fee upon United States citizens for informa-
tion about United States passports.
SEC. 621. None of the funds made available in this
Act may be used to conduct any study of the medicinal
use or legalization of marihuana or any other drug or sub-
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stance in schedule I under part B of the Controlled Sub-
stances Act.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1998’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Commerce, Justice, and State, the Judici-
ary, and related agencies programs for the fiscal year end-
ing September 30, 1998, and for other purposes, namely:
TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $79,373,000; of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears
and $7,860,000 shall be expended for the Department Lead-
ership Program exclusive of augmentation that occurred in
these offices in fiscal year 1997: Provided further, That not
to exceed 41 permanent positions and 48 full-time equiva-
lent workyears and $4,660,000 shall be expended for the Of-
fices of Legislative Affairs and Public Affairs.
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COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney
General, $29,450,000 to remain available until expended,
to reimburse any Department of Justice organization for
(1) the costs incurred in reestablishing the operational ca-
pability of an office or facility which has been damaged
or destroyed as a result of any domestic or international
terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection
with these activities, and (3) the costs of conducting a ter-
rorism threat assessment of Federal agencies and their fa-
cilities: Provided, That funds provided under this section
shall be available only after the Attorney General notifies
the Committees on Appropriations of the House of Rep-
resentatives and the Senate in accordance with section 605
of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of par-
don and clemency petitions and immigration related activi-
ties, $20,007,000.
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE
REVIEW AND APPEALS
For activities authorized by section 130005 of the Vio-
lent Crime Control and Law Enforcement Act of 1994 (Pub-
lic Law 103–322), as amended, $59,251,000, to remain
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available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $33,211,000; including not to ex-
ceed $10,000 to meet unforeseen emergencies of a confiden-
tial character, to be expended under the direction of, and
to be accounted for solely under the certificate of, the Attor-
ney General; and for the acquisition, lease, maintenance,
and operation of motor vehicles, without regard to the gen-
eral purchase price limitation for the current fiscal year.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, includ-
ing not to exceed $20,000 for expenses of collecting evidence,
to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District
of Columbia; $437,178,000; of which not to exceed
$10,000,000 for litigation support contracts shall remain
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available until expended: Provided, That of the funds avail-
able in this appropriation, not to exceed $24,555,000 shall
remain available until expended for office automation sys-
tems for the legal divisions covered by this appropriation,
and for the United States Attorneys, the Antitrust Division,
and offices funded through ‘‘Salaries and Expenses’’, Gen-
eral Administration: Provided further, That of the total
amount appropriated, not to exceed $1,000 shall be avail-
able to the United States National Central Bureau,
INTERPOL, for official reception and representation ex-
penses: Provided further, That not to exceed 4 permanent
positions and 5 full-time equivalent workyears and
$470,000 shall be expended for the Office of Legislative Af-
fairs and Public Affairs: Provided further, That the latter
two aforementioned offices shall not be augmented by per-
sonnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type
of formal or informal transfer or reimbursement of person-
nel or funds on either a temporary or long-term basis.
In addition, for reimbursement of expenses of the De-
partment of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986 as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
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VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL
ACTIVITIES
For the expeditious deportation of denied asylum ap-
plicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322), as amended, $7,969,000, to remain avail-
able until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust
and kindred laws, $82,447,000: Provided, That notwith-
standing any other provision of law, not to exceed
$70,000,000 of offsetting collections derived from fees col-
lected for pre-merger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1998,
so as to result in a final fiscal year 1998 appropriation
from the General Fund estimated at not more than
$12,447,000: Provided further, That any fees received in ex-
cess of $70,000,000 in fiscal year 1998, shall remain avail-
able until expended, but shall not be available for obligation
until October 1, 1998.
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SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Office of the United
States Attorneys, including intergovernmental and coopera-
tive agreements, $986,404,000; of which not to exceed
$2,500,000 shall be available until September 30, 1999, for
(1) training personnel in debt collection, (2) locating debt-
ors and their property, (3) paying the net costs of selling
property, and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appro-
priated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further,
That not to exceed $10,000,000 of those funds available for
automated litigation support contracts shall remain avail-
able until expended: Provided further, That not to exceed
$8,000,000 for the design, development, and implementation
of an information systems strategy for D.C. Superior Court
shall remain available until expended: Provided further,
That not to exceed $2,500,000 for the operation of the Na-
tional Advocacy Center shall remain available until ex-
pended: Provided further, That not to exceed $10,000,000
shall remain available until expended to support Violent
Crime Task Forces in United States Attorneys Offices, of
which $5,000,000 shall be available for the expansion of sev-
eral existing Task Forces into regionally-diverse demonstra-
tion projects, including inter-governmental, inter-local, co-
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operative, and task-force agreements, however denominated,
and contracts with State and local prosecutorial and law
enforcement agencies engaged in the investigation and pros-
ecution of violent crimes, including bank robbery and
carjacking, and drug trafficking: Provided further, That, in
addition to reimbursable full-time equivalent workyears
available to the Office of the United States Attorneys, not
to exceed 8,652 positions and 8,936 full-time equivalent
workyears shall be supported from the funds appropriated
in this Act for the United States Attorneys.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES
ATTORNEYS
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law 103–
322), as amended, and section 815 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104–132),
$46,128,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund, of which $11,408,000 shall be available for Southwest
Border Control and $9,747,000 for expeditious deportation
of denied asylum applicants.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, 
as 
authorized 
by 
U.S.C. 
589a(a),
$116,721,000, to remain available until expended and to
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be derived from the United States Trustee System Fund:
Provided, That notwithstanding any other provision of law,
deposits to the Fund shall be available in such amounts as
may be necessary to pay refunds due depositors: Provided
further, That notwithstanding any other provision of law,
$116,721,000 of offsetting collections derived from fees col-
lected pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and re-
main available until expended: Provided further, That the
sum herein appropriated from the Fund shall be reduced
as such offsetting collections are received during fiscal year
1998, so as to result in a final fiscal year 1998 appropria-
tion from the Fund estimated at $0: Provided further, That
any such fees collected in excess of $116,721,000 in fiscal
year 1998 shall remain available until expended, but shall
not be available for obligation until October 1, 1998.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT
COMMISSION
For expenses necessary to carry out the activities of
the Foreign Claims Settlement Commission, including serv-
ices as authorized by 5 U.S.C. 3109, $1,226,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of pas-
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senger motor vehicles for police-type use, without regard to
the general purchase price limitation for the current fiscal
year, $471,786,000, as authorized by 28 U.S.C. 561(i); of
which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation, main-
tenance and support, and training for an automated pris-
oner information system, and not to exceed $2,200,000 to
support the Justice Prisoner and Alien Transportation Sys-
tem, shall remain available until expended: Provided, That,
for fiscal year 1998 and thereafter, the service of maintain-
ing and transporting State, local, or territorial prisoners
shall be considered a specialized or technical service for pur-
poses of 31 U.S.C. 6505, and any prisoners so transported
shall be considered persons (transported for other than com-
mercial purposes) whose presence is associated with the per-
formance of a governmental function for purposes of 49
U.S.C. 40102: Provided further, That not to exceed 6 per-
manent positions and 6 full-time equivalent workyears and
$350,000 shall be expended for the Offices of Legislative Af-
fairs and Public Affairs: Provided further, That the latter
two aforementioned offices shall not be augmented by per-
sonnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type
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of formal or informal transfer or reimbursement of person-
nel or funds on either a temporary or long-term basis.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES
MARSHALS SERVICE
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322), as amended, $25,553,000, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
FEDERAL PRISONER DETENTION
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i),
to remain available until expended.
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems
of witnesses, for expenses of contracts for the procurement
and supervision of expert witnesses, for private counsel ex-
penses, and for per diems in lieu of subsistence, as author-
ized by law, including advances, $75,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction, renova-
tions, maintenance, remodeling, and repair of buildings,
and the purchase of equipment incident thereto, for pro-
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tected witness safesites; of which not to exceed $1,000,000
may be made available for the purchase and maintenance
of armored vehicles for transportation of protected wit-
nesses; and of which not to exceed $4,000,000 may be made
available for the purchase, installation and maintenance of
a secure, automated information network to store and re-
trieve the identities and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations
Service, established by title X of the Civil Rights Act of
1964, $5,319,000: Provided, That notwithstanding any
other provision of law, upon a determination by the Attor-
ney General that emergent circumstances require additional
funding for conflict prevention and resolution activities of
the Community Relations Service, the Attorney General
may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That
any transfer pursuant to this paragraph shall be treated
as a reprogramming under section 605 of this Act and shall
not be available for obligation or expenditure except in com-
pliance with the procedures set forth in that section.
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ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accordance
with 
the 
Radiation 
Exposure 
Compensation 
Act,
$2,000,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST
FUND
For payments to the Radiation Exposure Compensa-
tion Trust Fund, $4,381,000.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include inter-
governmental agreements with State and local law enforce-
ment agencies engaged in the investigation and prosecution
of individuals involved in organized crime drug trafficking,
$294,967,000, to remain available until expended: Pro-
vided, That any amounts obligated from appropriations
under this heading may be used under authorities available
to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining
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available at the end of the fiscal year shall revert to the
Attorney General for reallocation among participating or-
ganizations in succeeding fiscal years, subject to the re-
programming procedures described in section 605 of this
Act.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Inves-
tigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor vehi-
cles, of which 2,270 will be for replacement only, without
regard to the general purchase price limitation for the cur-
rent fiscal year, and hire of passenger motor vehicles; acqui-
sition, lease, maintenance, and operation of aircraft; and
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction
of, and to be accounted for solely under the certificate of,
the Attorney General; $2,837,268,000, of which not to exceed
$50,000,000 for automated data processing and tele-
communications and technical investigative equipment and
not to exceed $1,000,000 for undercover operations shall re-
main available until September 30, 1999; of which not less
than $257,601,000 shall be for counterterrorism investiga-
tions, foreign counterintelligence, and other activities relat-
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ed to our national security; of which not to exceed
$84,400,000 for the automation of fingerprint identification
services and related costs and not to exceed $14,000,000 for
research and development related to investigative activities
shall remain available until expended; and of which not to
exceed $10,000,000 is authorized to be made available for
making advances for expenses arising out of contractual or
reimbursable agreements with State and local law enforce-
ment agencies while engaged in cooperative activities relat-
ed to violent crime, terrorism, organized crime, and drug
investigations; and of which $1,500,000 shall be available
to maintain an independent program office dedicated solely
to the relocation of the Criminal Justice Information Serv-
ices Division and the automation of fingerprint identifica-
tion services: Provided, That not to exceed $60,000 shall be
available for official reception and representation expenses:
Provided further, That not to exceed 59 permanent positions
and 59 full-time equivalent workyears and $5,470,000 shall
be expended for the Office of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforemen-
tioned offices shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable
or nonreimbursable basis or any other type of formal or
informal transfer or reimbursement of personnel or funds
on either a temporary or long-term basis.
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VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322)
as amended (‘‘the 1994 Act’’), and the Antiterrorism and
Effective Death Penalty Act of 1996 (‘‘the Antiterrorism
Act’’), $179,121,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund; of which $102,127,000 shall be for activities
authorized by section 190001(c) of the 1994 Act and section
811 of the Antiterrorism Act; $57,994,000 shall be for ac-
tivities authorized by section 190001(b) of the 1994 Act;
$4,000,000 shall be for training and investigative assistance
authorized by section 210501 of the 1994 Act; $9,500,000
shall be for grants to States, as authorized by section 811(b)
of the Antiterrorism Act; and $5,500,000 shall be for estab-
lishing DNA quality-assurance and proficiency-testing
standards, establishing an index to facilitate law enforce-
ment exchange of DNA identification information, and re-
lated activities authorized by section 210501 of the 1994
Act: Provided, That notwithstanding any other law relating
to employee classification, pay, and performance, the Direc-
tor, Federal Bureau of Investigation may, with the ap-
proval of the Attorney General, design and implement a
system of personnel management providing for the classi-
fication, pay, and performance of non-Senior Executive
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Service employees of the Federal Bureau of Investigation.
Except as otherwise provided by law, no employee com-
pensated under this system may be paid in excess of the
rate of basic pay payable for Level IV of the Executive
Schedule. Payments to employees under this system shall
be subject to the limitation on payments to General Sched-
ule employees set forth in section 5307 of title 5, United
States Code.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
nary planning and design of projects; $59,006,000, to re-
main available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Ad-
ministration, including not to exceed $70,000 to meet un-
foreseen emergencies of a confidential character, to be ex-
pended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, includ-
ing travel and related expenses for participants in such pro-
grams and the distribution of items of token value that pro-
mote the goals of such programs; purchase of not to exceed
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1,602 passenger motor vehicles, of which 1,410 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of air-
craft; $639,265,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for infor-
mation, not to exceed $10,000,000 for contracting for auto-
mated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for air-
craft replacement, retrofit and parts, shall remain available
until September 30, 1999; and of which not to exceed
$50,000 shall be available for official reception and rep-
resentation expenses: Provided, That not to exceed 29 per-
manent positions and 29 full-time equivalent workyears
and $2,134,000 shall be expended for the Office of Legisla-
tive Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by
personnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type
of formal or informal transfer or reimbursement of person-
nel or funds on either a temporary or long-term basis.
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VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 180104 and
190001(b) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (Public Law 103–322), as amended, and
section 814 of the Antiterrorism and Effective Death Pen-
alty Act of 1996 (Public Law 104–132), and for the pur-
chase of not to exceed 1,602 passenger motor vehicles, of
which 1,410 will be for replacement only, for police-type
use without regard to the general purchase price limitation
for the current fiscal year, $441,117,000, to remain avail-
able until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
nary planning and design of projects; $10,500,000, to re-
main available until expended.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for
the administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, in-
cluding not to exceed $50,000 to meet unforeseen emer-
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gencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police type
use (not to exceed 2,574, of which 1,711 are for replacement
only), without regard to the general purchase price limita-
tion for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; and
for the care and housing of Federal detainees held in the
joint INS and United States Marshals Service’s Buffalo De-
tention Facility; $1,430,199,000, of which not to exceed
$400,000 for research shall remain available until ex-
pended; of which not to exceed $5,000,000 is for payments
or advances arising out of contractual or reimbursable
agreements with State and local law enforcement agencies
while engaged in cooperative activities related to immigra-
tion; and of which not to exceed $5,000,000 is to fund or
reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
illegal aliens: Provided, That the Attorney General may re-
allocate to the INS training program from other INS pro-
grams such amounts as may be necessary for direct expendi-
ture for immigration officer basic training: Provided fur-
ther, That none of the funds appropriated or otherwise
made available to the Immigration and Naturalization
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Service may be used to accept, process, or forward to the
Federal Bureau of Investigation any FD–258 fingerprint
card, or any other means used to transmit fingerprints, for
the purpose of conducting a criminal background check on
any applicant for any benefit under the Immigration and
Nationality Act unless the applicant’s fingerprints have
been taken by an office of the Immigration and Naturaliza-
tion Service or by a law enforcement agency, which may
collect a fee for the service of taking and forwarding the
fingerprints: Provided further, That none of the funds avail-
able to the INS shall be available to pay any employee over-
time pay in an amount in excess of $25,000 during the
calendar year beginning January 1, 1998, except in such
instances when the commissioner determines that enforcing
this overtime provision would harm enforcement activities:
Provided further, That uniforms may be purchased without
regard to the general purchase price limitation for the cur-
rent fiscal year: Provided further, That not to exceed $5,000
shall be available for official reception and representation
expenses: Provided further, That the Land Border Fee Pilot
Project scheduled to end September 30, 1996, is extended
hereafter, for projects on both the northern and southern
borders of the United States, except that no pilot program
may implement a universal land border crossing toll: Pro-
vided further, That not to exceed 20 permanent positions,
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of which not less than 11 permanent positions are case-
workers, and 20 full-time equivalent workyears and
$1,737,000 shall be expended for the Office of Legislative
Affairs and Public Affairs: Provided further, That the latter
two aforementioned offices shall not be augmented by per-
sonnel details, temporary transfers of personnel on either
a reimbursable or nonreimbursable basis or any other type
of formal or informal transfer or reimbursement of person-
nel or funds on either a temporary or long-term basis.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law 103–
322), as amended, and section 813 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104–132),
$719,898,000, to remain available until expended, which
will be derived from the Violent Crime Reduction Trust
Fund.
CONSTRUCTION
For planning, construction, renovation, equipping,
and maintenance of buildings and facilities necessary for
the administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $73,559,000, to remain available
until expended.
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FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, oper-
ation, and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 834, of which
599 are for replacement only) and hire of law enforcement
and passenger motor vehicles, and for the provision of tech-
nical assistance and advice on corrections related issues to
foreign governments; $2,933,900,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary
for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institu-
tions: Provided further, That the Director of the Federal
Prison System (FPS), where necessary, may enter into con-
tracts with a fiscal agent/fiscal intermediary claims proc-
essor to determine the amounts payable to persons who, on
behalf of the FPS, furnish health services to individuals
committed to the custody of the FPS: Provided further, That
uniforms may be purchased without regard to the general
purchase price limitation for the current fiscal year: Pro-
vided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $90,000,000 for the activation
of new facilities shall remain available until September 30,
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1999: Provided further, That of the amounts provided for
Contract Confinement, not to exceed $20,000,000 shall re-
main available until expended to make payments in ad-
vance for grants, contracts and reimbursable agreements,
and other expenses authorized by section 501(c) of the Refu-
gee Education Assistance Act of 1980, as amended, for the
care and security in the United States of Cuban and Hai-
tian entrants: Provided further, That notwithstanding sec-
tion 4(d) of the Service Contract Act of 1965 (41 U.S.C.
353(d)), FPS may enter into contracts and other agree-
ments with private entities for periods of not to exceed 3
years and 7 additional option years for the confinement
of Federal prisoners.
VIOLENT CRIME REDUCTION PROGRAMS
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322),
as amended, $6,135,000, to remain available until ex-
pended, which shall be derived from the Violent Crime Re-
duction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of
new facilities; leasing the Oklahoma City Airport Trust Fa-
cility; purchase and acquisition of facilities and remodel-
ing, and equipping of such facilities for penal and correc-
tional use, including all necessary expenses incident thereto,
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by contract or force account; and constructing, remodeling,
and equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$267,833,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed
under this appropriation: Provided further, That not to ex-
ceed 10 percent of the funds appropriated to ‘‘Buildings and
Facilities’’ in this Act or any other Act may be transferred
to ‘‘Salaries and Expenses’’, Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section
605 of this Act: Provided further, That of the total amount
appropriated, not to exceed $2,300,000 shall be available
for the renovation and construction of United States Mar-
shals Service prisoner-holding facilities.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord
with the law, and to make such contracts and commitments,
without regard to fiscal year limitations as provided by sec-
tion 9104 of title 31, United States Code, as may be nec-
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essary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including
purchase of (not to exceed five for replacement only) and
hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
PRISON INDUSTRIES, INCORPORATED
Not to exceed $3,042,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed
on an accrual basis to be determined in accordance with
the corporation’s current prescribed accounting system, and
such amounts shall be exclusive of depreciation, payment
of claims, and expenditures which the said accounting sys-
tem requires to be capitalized or charged to cost of commod-
ities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, con-
struction, operation, maintenance, improvement, protec-
tion, or disposition of facilities and other property belong-
ing to the corporation or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and the
Missing Children’s Assistance Act, as amended, including
salaries and expenses in connection therewith, and with the
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Victims of Crime Act of 1984, as amended, $160,165,000,
to remain available until expended, as authorized by section
1001 of title I of the Omnibus Crime Control and Safe
Streets Act, as amended by Public Law 102–534 (106 Stat.
3524); of which, $25,000,000 is for the National Sexual Of-
fender Registry.
For an additional amount, $23,000,000, to remain
available until expended; of which $5,000,000 shall be for
Local Firefighter and Emergency Services Training Grants
as authorized by section 819 of the Antiterrorism and Effec-
tive Death Penalty Act of 1996 (‘‘the Antiterrorism Act’’);
of which $14,000,000 shall be for development of
counterterrorism technologies to help State and local law
enforcement combat terrorism, as authorized by section 821
of the Antiterrorism Act; and of which $4,000,000 shall be
for specialized multi-agency response training.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by part E of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968, as amend-
ed, for State and Local Narcotics Control and Justice As-
sistance Improvements, notwithstanding the provisions of
section 511 of said Act, $451,500,000, to remain available
until expended, as authorized by section 1001 of title I of
said Act, as amended by Public Law 102–534 (106 Stat.
3524), of which $75,000,000 shall be available to carry out
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the provisions of chapter A of subpart 2 of part E of title
I of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assist-
ance Programs, of which $6,200,000 shall be for the Na-
tional Center for Missing and Exploited Children, of which
$2,000,000 shall be for National Neighborhood Crime and
Drug Abuse Prevention Programs, of which $2,097,000
shall be available to the Executive Office of United States
Attorneys to support the National District Attorneys Asso-
ciation’s participation in legal education training at the
National Advocacy Center, of which $100,000 shall be avail-
able for a grant to Roberts County, South Dakota, for estab-
lishment of a 911 emergency system; and of which $900,000
shall be available for a grant to the South Dakota Division
of Criminal Investigation for the procurement of equipment
for law enforcement telecommunications, emergency com-
munications, and the State forensic laboratory.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL
LAW ENFORCEMENT ASSISTANCE
For assistance (including amounts for administrative
costs for management and administration, which amounts
shall be transferred to and merged with the ‘‘Justice Assist-
ance’’ account) authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322), as
amended (‘‘the 1994 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’); and
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the Victims of Child Abuse Act of 1990, as amended (‘‘the
1990 Act’’); $2,154,650,000, to remain available until ex-
pended, which shall be derived from the Violent Crime Re-
duction Trust Fund; of which $503,000,000 shall be for
Local Law Enforcement Block Grants, pursuant to H.R.
728 as passed by the House of Representatives on February
14, 1995, of which $25,000,000 shall be for grants to States
for programs and activities to enforce State laws prohibit-
ing the sale of alcoholic beverages to minors or the purchase
or consumption of alcoholic beverages by minors: Provided,
That of the amount made available for Local Law Enforce-
ment Block Grants under this heading, $10,000,000 shall
be for the Community Policing to Combat Domestic Vio-
lence Program established pursuant to section 1701(d) of
part Q of the Omnibus Crime Control and Safe Streets Act
of 1968: Provided further, That for the purpose of eligibility
for the Local Law Enforcement Block Grant Program in
the State of Louisiana, parish sheriffs and district attor-
neys are to be considered the unit of local government under
section 108 of H.R. 728: Provided further, That no funds
provided under this heading may be used as matching funds
for any other Federal grant program: Provided further,
That $2,400,000 of this amount shall be for discretionary
grants for State and local law enforcement to form special-
ized cyber units to investigate and prevent child sexual ex-
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ploitation: Provided further, That $20,000,000 of this
amount shall be for Boys and Girls Clubs in public housing
facilities and other areas in cooperation with State and
local law enforcement: Provided further, That funds may
also be used to defray the costs of indemnification insurance
for law enforcement officers; of which $45,000,000 shall be
for grants to upgrade criminal records, as authorized by
section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, as amended, and section 4(b) of the National
Child Protection Act of 1993; of which $128,500,000 shall
be available as authorized by section 1001 of title I of the
1968 Act to carry out the provisions of subpart 1, part E
of title I of the 1968 Act notwithstanding section 511 of
said Act for the Edward Byrne Memorial State and Local
Law 
Enforcement 
Assistance 
Programs; 
of 
which
$350,000,000 shall be for the State Criminal Alien Assist-
ance Program, as authorized by section 242(j) of the Immi-
gration and Nationality Act, as amended; of which
$740,500,000 shall be for Violent Offender Incarceration
and Truth in Sentencing Incentive Grants pursuant to sub-
title A of title II of the 1994 Act, of which $150,000,000
shall be available for payments to States for incarceration
of criminal aliens, of which $35,000,000 shall be available
for the Cooperative Agreement Program, and of which
$5,000,000 shall be reserved by the Attorney General for fis-
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cal year 1998 under section 20109(a) of subtitle A of title
II of the 1994 Act; of which $7,000,000 shall be for the
Court Appointed Special Advocate Program, as authorized
by section 218 of the 1990 Act; of which $2,000,000 shall
be for Child Abuse Training Programs for Judicial Person-
nel and Practitioners, as authorized by section 224 of the
1990 Act; of which $160,000,000 shall be for Grants to Com-
bat Violence Against Women, to States, units of local gov-
ernment, and Indian tribal governments, as authorized by
section 1001(a)(18) of the 1968 Act; of which $59,000,000
shall be for Grants to Encourage Arrest Policies to States,
units of local government, and Indian tribal governments,
as authorized by section 1001(a)(19) of the 1968 Act; of
which $25,000,000 shall be for Rural Domestic Violence and
Child Abuse Enforcement Assistance Grants, as authorized
by section 40295 of the 1994 Act; of which $7,000,000 shall
be for training programs to assist probation and parole offi-
cers who work with released sex offenders, as authorized by
section 40152(c) of the 1994 Act; of which $1,000,000 shall
be for grants for televised testimony, as authorized by sec-
tion 1001(a)(7) of the 1968 Act; of which $2,750,000 shall
be for national stalker and domestic violence reduction, as
authorized by section 40603 of the 1994 Act; of which
$61,200,000 shall be for grants for residential substance
abuse treatment for State prisoners as authorized by section
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1001(a)(17) of the 1968 Act; of which $15,000,000 shall be
for grants to States and units of local government for
projects to improve DNA analysis, as authorized by section
1001(a)(22) of the 1968 Act; of which $900,000 shall be for
the Missing Alzheimer’s Disease Patient Alert Program, as
authorized by section 240001(c) of the 1994 Act; of which
$3,800,000 shall be for Motor Vehicle Theft Prevention Pro-
grams, as authorized by section 220002(h) of the 1994 Act;
of which $40,000,000 shall be for Drug Courts, as author-
ized by title V of the 1994 Act; of which $1,000,000 shall
be for Law Enforcement Family Support Programs, as au-
thorized by section 1001(a)(21) of the 1968 Act; and of
which $2,000,000 shall be for public awareness programs
addressing marketing scams aimed at senior citizens as au-
thorized by section 250005(3) of the 1994 Act: Provided fur-
ther, That funds made available in fiscal year 1998 under
subpart 1 of part E of title I of the 1968 Act may be obli-
gated for programs to assist States in the litigation process-
ing of death penalty Federal habeas corpus petitions: Pro-
vided further, That section 20105(c) of subtitle A of title
II of the 1994 Act (42 U.S.C. 13705(c)) is amended to read
as follows: ‘‘Notwithstanding any other provision of this
subtitle, States may use grant funds to build or expand
State or local juvenile correctional facilities and boot
camps, for violent and non-violent juvenile offenders.’’.
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WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to im-
plement ‘‘Weed and Seed’’ program activities, $33,500,000,
which shall be derived from discretionary grants provided
under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs, to remain available
until expended for intergovernmental agreements, including
grants, cooperative agreements, and contracts, with State
and local law enforcement agencies engaged in the inves-
tigation and prosecution of violent crimes and drug offenses
in ‘‘Weed and Seed’’ designated communities, and for either
reimbursements or transfers to appropriation accounts of
the Department of Justice and other Federal agencies which
shall be specified by the Attorney General to execute the
‘‘Weed and Seed’’ program strategy: Provided, That funds
designated by Congress through language for other Depart-
ment of Justice appropriation accounts for ‘‘Weed and
Seed’’ program activities shall be managed and executed by
the Attorney General through the Executive Office for Weed
and Seed: Provided further, That the Attorney General may
direct the use of other Department of Justice funds and per-
sonnel in support of ‘‘Weed and Seed’’ program activities
only after the Attorney General notifies the Committees on
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Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
COMMUNITY ORIENTED POLICING SERVICES
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by the Violent Crime Control
and Law Enforcement Act of 1994, Public Law 103–322
(‘‘the 
1994 
Act’’) 
(including 
administrative 
costs),
$1,400,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund, for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act: Provided, That not to
exceed 270 permanent positions and 228 full-time equiva-
lent workyears and $24,669,000 shall be expended for pro-
gram management and administration.
In addition, for activities authorized by the 1994 Act,
$40,000,000 for the Police Corps program to remain avail-
able until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and
other assistance authorized by the Juvenile Justice and De-
linquency Prevention Act of 1974, as amended, including
salaries and expenses in connection therewith to be trans-
ferred to and merged with the appropriations for Justice
Assistance, $230,922,000, to remain available until ex-
pended, as authorized by section 299 of part I of title II,
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as amended by Public Law 102–586, of which (1) notwith-
standing any other provision of law, $5,922,000 shall be
available for expenses authorized by part A of title II of
the Act, $86,500,000 shall be available for expenses author-
ized by part B of title II of the Act, and $29,500,000 shall
be available for expenses authorized by part C of title II
of the Act; (2) $12,000,000 shall be available for expenses
authorized by sections 281 and 282 of part D of title II
of the Act for prevention and treatment programs relating
to juvenile gangs; (3) $10,000,000 shall be available for ex-
penses authorized by section 285 of part E of title II of
the Act; (4) $12,000,000 shall be available for expenses au-
thorized by part G of title II of the Act for juvenile
mentoring programs; and (5) $75,000,000 shall be available
for the Anti-Truancy, School Violence and Crime Interven-
tion Program.
In addition, for grants, contracts, cooperative agree-
ments, and other assistance authorized by the Victims of
Child Abuse Act of 1990, as amended, $4,500,000, to remain
available until expended, as authorized by sections 214B
of the Act.
JUVENILE BLOCK GRANTS
VIOLENT CRIME REDUCTION PROGRAMS
For activities of the Juvenile Justice Block Grant Pro-
gram, $145,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
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Trust Fund: Provided, That none of the funds appropriated
or otherwise made available by this Act for ‘‘Juvenile Block
Grants’’ may be obligated or expended unless such obliga-
tion or expenditure is expressly authorized by the enactment
of a subsequent Act.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments au-
thorized by part L of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended,
such sums as are necessary, as authorized by section 6093
of Public Law 100–690 (102 Stat. 4339–4340); and
$2,000,000 for the Federal Law Enforcement Education As-
sistance Program, as authorized by section 1212 of said Act.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made
available in this title for official reception and representa-
tion expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distribu-
tions, procedures, and regulations established by the Attor-
ney General.
SEC. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Public Law 96–132, 93 Stat. 1040 (1979)), as amended,
shall remain in effect until the termination date of this Act
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or until the effective date of a Department of Justice Appro-
priation Authorization Act, whichever is earlier.
SEC. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were car-
ried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
SEC. 104. None of the funds appropriated under this
title shall be used to require any person to perform, or fa-
cilitate in any way the performance of, any abortion.
SEC. 105. Nothing in the preceding section shall re-
move the obligation of the Director of the Bureau of Prisons
to provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the
effect of section 104 intended to address the philosophical
beliefs of individual employees of the Bureau of Prisons.
SEC. 106. Notwithstanding any other provision of law,
not to exceed $10,000,000 of the funds made available in
this Act may be used to establish and publicize a program
under which publicly-advertised, extraordinary rewards
may be paid, which shall not be subject to spending limita-
tions contained in sections 3059 and 3072 of title 18, Unit-
ed States Code: Provided, That any reward of $100,000 or
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more, up to a maximum of $2,000,000, may not be made
without the personal approval of the President or the Attor-
ney General and such approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Justice in this Act, including those derived from
the Violent Crime Reduction Trust Fund, may be trans-
ferred between such appropriations, but no such appropria-
tion, except as otherwise specifically provided, shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of
this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
SEC. 108. Section 524(c)(8)(E) of title 28, United
States Code, is amended by striking the year in the date
therein contained and replacing the same with ‘‘1997 and
thereafter’’.
SEC. 109. The Director, Federal Bureau of Investiga-
tion, is authorized to carry out a 2-year demonstration
project showing the viability for the defensive arming of se-
lect non-agent personnel: Provided, That the Director, Fed-
eral Bureau of Investigation, may authorize to carry fire-
arms not more than 50 non-agent investigative specialists
assigned to special surveillance groups supporting inves-
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tigations, counterintelligence and counterterrorism activi-
ties: Provided further, That personnel designated under this
authority shall meet selection criteria established by the Di-
rector, Federal Bureau of Investigation, and successfully
complete training for firearms proficiency, defensive tactics,
and deadly force policy: Provided further, That personnel
designated under this authority shall not be deemed law en-
forcement officers under Title 5, United States Code, for
pay, retirement, position classification, or other purposes:
Provided further, That the Director, Federal Bureau of In-
vestigation, shall submit to the Committees on the Judici-
ary of both the House and the Senate, by March 31, 1999,
a report on the viability of the defensive arming demonstra-
tion project along with recommendations for permanent au-
thority for non-agent personnel or discontinuance of the
demonstraton project.
SEC. 110. The Immigration and Nationality Act of
1952, as amended, is further amended—
(a) by striking entirely section 286(s);
(b) in section 286(r) by—
(1) adding ‘‘, and amount described in sec-
tion 245(i)(3)(b)’’ after ‘‘recovered by the De-
partment of Justice’’ in subsection (2);
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(2) replacing ‘‘Immigration and Natu-
ralization Service’’ with ‘‘Attorney General’’ in
subsection (3); and
(3) striking subsection (4), and replacing it
with, ‘‘The amounts required to be refunded from
the Fund for fiscal year 1998 and thereafter
shall be refunded in accordance with estimates
made in the budget request of the President for
those fiscal years. Any proposed changes in the
amounts designated in such budget requests shall
only be made after Congressional reprogramming
notification in accordance with the reprogram-
ming guidelines for the applicable fiscal year.’’;
and
(c) in section 245(i)(3)(B), by replacing ‘‘Immi-
gration Detention Account established under section
286(s)’’ with ‘‘Breached Bond/Detention Fund estab-
lished under section 286(r)’’.
SEC. 111. Section 506(c) of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1995 (8 U.S.C. 1182 note, 1255
note) is amended by deleting everything after ‘‘1994’’.
SEC. 112. (a) SHORT TITLE.—This section may be
cited as the ‘‘Philippine Army, Scouts, and Guerilla Veter-
ans of World War II Naturalization Act of 1997’’.
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(b) IN GENERAL.—Section 405 of the Immigration
and Nationality Act of 1990 (8 U.S.C. 1440 note) is amend-
ed—
(1) by striking subparagraph (B) of subsection
(a)(1) and inserting the following:
‘‘(B) who—
‘‘(i) is listed on the final roster pre-
pared by the Recovered Personnel Division
of the United States Army of those who
served honorably in an active duty status
within the Philippine Army during the
World War II occupation and liberation of
the Philippines,
‘‘(ii) is listed on the final roster pre-
pared by the Guerilla Affairs Division of
the United States Army of those who re-
ceived recognition as having served honor-
ably in an active duty status within a rec-
ognized guerilla unit during the World War
II occupation and liberation of the Phil-
ippines, or
‘‘(iii) served honorably in an active
duty status within the Philippine Scouts or
within any other component of the United
States Armed Forces in the Far East (other
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than a component described in clause (i) or
(ii)) at any time during the period begin-
ning September 1, 1939, and ending Decem-
ber 31, 1946:’’;
(2) by adding at the end of subsection (a) the fol-
lowing new paragraph:
‘‘(3)(A) For purposes of the second sentence of
section 329(a) and section 329(b)(3) of the Immigra-
tion and Nationality Act, the executive department
under which a person served shall be—
‘‘(i) in the case of an applicant claiming to
have served in the Philippine Army, the United
States Department of the Army;
‘‘(ii) in the case of an applicant claiming
to have served in a recognized guerilla unit, the
United States Department of the Army or, in the
event the Department of the Army has no record
of military service of such applicant, the General
Headquarters of the Armed Forces of the Phil-
ippines; or
‘‘(iii) in the case of an applicant claiming
to have served in the Philippine Scouts or any
other component of the United States Armed
Forces in the Far East (other than a component
described in clause (i) or (ii)) at any time dur-
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ing the period beginning September 1, 1939, and
ending December 31, 1946, the United States ex-
ecutive department (or successor thereto) that ex-
ercised supervision over such component.
‘‘(B) An executive department specified in sub-
paragraph (A) may not make a determination under
the second sentence of section 329(a) with respect to
the service or separation from service of a person de-
scribed in paragraph (1) except pursuant to a request
from the Service.’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) IMPLEMENTATION.—(1) Notwithstanding any
other provision of law, for purposes of the naturalization
of natives of the Philippines under this section—
‘‘(A) the processing of applications for natu-
ralization, filed in accordance with the provisions of
this section, including necessary interviews, shall be
conducted in the Philippines by employees of the
Service designated pursuant to section 335(b) of the
Immigration and Nationality Act; and
‘‘(B) oaths of allegiance for applications for nat-
uralization under this section shall be administered
in the Philippines by employees of the Service des-
ignated pursuant to section 335(b) of that Act.
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‘‘(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may con-
tinue to be processed, and oaths of allegiance may continue
to be taken in the United States.’’.
(c) REPEAL.—Section 113 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1993 (8 U.S.C. 1440 note), is re-
pealed.
(d) EFFECTIVE DATE; TERMINATION DATE.—
(1) APPLICATION TO PENDING APPLICATIONS.—
The amendments made by subsection (b) shall apply
to applications filed before February 3, 1995.
(2) TERMINATION
DATE.—The authority pro-
vided by the amendments made by subsection (b) shall
expire February 3, 2001.
SEC. 113. (a) Section 101(a)(27)(J) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is
amended to read as follows:
‘‘(J) an immigrant—
‘‘(i) who is present in the United
States without having been admitted or pa-
roled, or who has been paroled into the
United States by the Attorney General spe-
cifically for the purpose of obtaining special
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immigrant status pursuant to this subpara-
graph;
‘‘(ii)(I) who has been declared depend-
ent on a juvenile court located in the Unit-
ed States if the dependency order is issued
pursuant to a request made on behalf of the
alien, the court notifies the Attorney Gen-
eral of the request for the order, and the At-
torney General expressly consents to the
court hearing the request; or
‘‘(II) whom the juvenile court has le-
gally committed to, or placed under the cus-
tody of, an agency or department of a State
and who has been deemed eligible by that
court for long-term foster care, except that
while the alien is in the actual or construc-
tive custody of the Attorney General, the
court shall have jurisdiction to determine
the custody status of the alien only if the
Attorney General expressly consents to that
jurisdiction; and
‘‘(iii) for whom it has been determined
in administrative or judicial proceedings
that it would not be in the alien’s best in-
terest to be returned to the alien’s or par-
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ent’s previous country of nationality or
country of last habitual residence; except
that no natural parent or prior adoptive
parent of any alien provided special immi-
grant status under this subparagraph shall
thereafter, by virtue of such parentage, be
accorded any right, privilege, or status
under this Act.’’.
(b) ADJUSTMENT OF STATUS.—Section 245(h) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)) is
amended by striking the period at the end and inserting
the following: ‘‘, unless the alien was paroled into the Unit-
ed States by the Attorney General specifically in order to
apply for such special immigrant status. Nothing in this
subsection or section 101(a)(27)(J) shall be construed to re-
quire the Attorney General to parole into the United States
any alien specifically for this purpose.’’.
SEC. 114. (a) Section 1402 of the Victims of Crime
Act of 1984, (42 U.S.C. 10601), is amended in subsection
(d) by—
(1) replacing ‘‘judicial branch administrative
costs; grant program percentages’’ in the heading with
‘‘grant programs’’;
(2) striking paragraph (1);
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(3) replacing ‘‘the next’’ in paragraph (2) with
‘‘The first’’; and
(4) redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(b) Any unobligated sums hitherto available to the ju-
dicial branch pursuant to the paragraph repealed by section
(a) shall be deemed to be deposits into the Crime Victims
Fund as of the effective date hereof and may be used by
the Director of the Office for Victims of Crime to improve
services for the benefit of crime victims, including the proc-
essing and tracking of criminal monetary penalties and re-
lated litigation activities, in the federal criminal justice
system.
SEC. 115. Not to exceed $200,000 of funds appro-
priated under section 1304 of title 31, United States Code,
shall be available for payment pursuant to the Hearing Of-
ficer’s Report in United States Court of Federal Claims No.
93–645X (June 3, 1996) (see 35 Fed. Cl. 99 (March 7,
1996)).
SEC. 116. (a) IN GENERAL.—Section 170101(a) of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘with
a designated State law enforcement agency’’; and
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(B) in subparagraph (B), by striking ‘‘with
a designated State law enforcement agency’’; and
(2) by striking paragraph (2), and inserting the
following:
‘‘(2) DETERMINATION BY STATE BOARDS.—
‘‘(A) IN GENERAL.—A determination that a
person is a sexually violent predator or a deter-
mination that a person is no longer a sexually
violent predator for purposes of this section shall
be made by the sentencing court, after consider-
ing—
‘‘(i) the recommendations of the appro-
priate State board or boards under sub-
paragraph (B)(iii); or
‘‘(ii) with respect to a State described
in subparagraph (C), the recommendations
of the State, which shall be made in accord-
ance with the procedures described in that
subparagraph.
‘‘(B) STATE BOARDS.—
‘‘(i) IN GENERAL.—Except as provided
in subparagraph (C), not later than 2 years
after the date of enactment of the Jacob
Wetterling Crimes Against Children and
Sexually Violent Offenders Registration Im-
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provements Act of 1997, each State shall es-
tablish 1 or more State boards in accord-
ance with this subparagraph.
‘‘(ii) MEMBERSHIP.—Each State board
established under this subparagraph shall be
composed of—
‘‘(I) experts in the behavior and
treatment of sex offenders;
‘‘(II) victims’ rights advocates;
and
‘‘(III) representatives of law en-
forcement agencies.
‘‘(iii) RECOMMENDATIONS.—Upon the
request of a sentencing court, a State board
established under this subparagraph shall
make a recommendation to the sentencing
court regarding whether a person is a sexu-
ally violent predator or whether a person is
no longer a sexually violent predator for
purposes of this section.
‘‘(C) WAIVER.—The Attorney General of the
United States may waive the requirement that a
State establish 1 or more boards in accordance
with subparagraph (B), if the State demonstrates
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to the satisfaction of the Attorney General that
the State—
‘‘(i) has established alternative proce-
dures for making recommendations to a sen-
tencing court for purposes of subparagraph
(A); and
‘‘(ii) will make a recommendation de-
scribed in clause (i) with respect to any
person, upon the request of the sentencing
court.’’.
(b) REQUIREMENTS UPON RELEASE, PAROLE, SUPER-
VISED RELEASE, OR PROBATION.—Section 170101(b) of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071(b)) is amended—
(1) in paragraph (1)—
(A) by striking the paragraph designation
and heading and inserting the following:
‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’;
(B) in subparagraph (A)—
(i) in the matter preceding clause (i),
by striking ‘‘or in the case of probation, the
court’’ and inserting ‘‘a designated State
agency, the court, or other responsible offi-
cial’’;
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(ii) in clause (ii), by striking ‘‘give’’
and all that follows before the semicolon and
inserting ‘‘report the change of address as
provided by State law’’; and
(iii) in clause (iii), by striking ‘‘shall
register’’ and all that follows before the
semicolon and inserting ‘‘shall report the
change of address as provided by State law
and comply with any registration require-
ment in the new State of residence’’; and
(C) in subparagraph (B), by striking ‘‘or
the court’’ and inserting ‘‘, the designated State
agency, the court, or other responsible official’’;
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) TRANSFER OF INFORMATION TO FEDERAL
BUREAU OF INVESTIGATION AND TO STATE.—
‘‘(A) IN
GENERAL.—A designated State
agency, the court, or other responsible official,
shall forward the registration information to the
agency responsible for registration under State
law, in accordance with State procedures that
meet the requirements of subparagraph (B).
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‘‘(B) STATE
PROCEDURES.—State proce-
dures shall ensure that, as promptly as prac-
ticable—
‘‘(i) the registration information is
provided and made available to a law en-
forcement agency having jurisdiction where
the person expects to reside;
‘‘(ii) the registration information is
entered into the appropriate State records
or data system; and
‘‘(iii) conviction data and fingerprints
for registered persons are transmitted to the
Federal Bureau of Investigation.’’;
(3) in paragraph (3)(A)—
(A) in the matter preceding clause (i), by
inserting after ‘‘(a)(1)’’ the following: ‘‘with re-
spect to any person required to register under
subsection (a)(1)(A), State procedures shall pro-
vide for verification of address not less than an-
nually. Such verification may be effected by pro-
viding that,’’;
(B) in clause (i), by striking ‘‘The des-
ignated State law enforcement’’ and inserting ‘‘A
designated’’;
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(C) in clause (ii), by striking ‘‘State law
enforcement’’;
(D) in clause (iii), by striking ‘‘to the des-
ignated State law enforcement agency’’; and
(E) in clause (iv), by striking ‘‘State law
enforcement’’;
(4) in paragraph (4), by striking ‘‘section re-
ported’’ and all that follows before the period at the
end and inserting ‘‘section shall be reported by the
person in the manner provided by State law. State
procedures shall ensure that the updated address in-
formation is provided promptly to a law enforcement
agency having jurisdiction over the location at which
the person will reside and that the information is en-
tered into the appropriate State records or data sys-
tem’’;
(5) in paragraph (5), by striking ‘‘shall register’’
and all that follows before the period at the end and
inserting ‘‘and who moves to another State, shall re-
port the change of address to the responsible agency
in the State the person is leaving, and shall comply
with any registration requirement in the new State of
residence. The procedures of the State the person is
leaving shall ensure that notice is provided promptly
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to an agency responsible for registration in the new
State, if that State requires registration’’; and
(6) by adding at the end the following:
‘‘(7) OFFENDERS CROSSING STATE BORDERS.—
‘‘(A) IN GENERAL.—
‘‘(i) REGISTRATION
UNDER
LAWS
OF
CERTAIN STATES.—Any person who is re-
quired to register in that person’s State of
residence under this section shall also reg-
ister in accordance with the law that gov-
erns the registration, verification, and noti-
fication of sex offenders of each State in
which that person is—
‘‘(I) employed or carries on a vo-
cation; or
‘‘(II) enrolled as a student.
‘‘(ii) DEFINITIONS.—In this subpara-
graph—
‘‘(I) the term ‘employed or carries
on a vocation’ includes employment
that is full-time or part-time, for a pe-
riod of time exceeding 14 days or for
an aggregate period of time exceeding
30 days during any calendar year,
whether financially compensated, vol-
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unteered, or for the purpose of govern-
ment or educational benefit; and
‘‘(II) the term ‘student’ includes
any person who is enrolled on a full-
or part-time basis, in any public or
private educational institution, includ-
ing any secondary school, trade or pro-
fessional institution, or institution of
higher education.
‘‘(B) NOTIFICATION
REQUIREMENTS.—The
State authority responsible for the registration of
sex offenders in each State shall ensure that each
person who is required to register under this
paragraph is notified of the requirements of this
paragraph and the potential consequences of a
failure to comply with those requirements.
‘‘(8) RELOCATING STATE PROBATIONERS AND PA-
ROLEES.—
‘‘(A) IN
GENERAL.—Notwithstanding any
conflicting terms of a probation, parole, or trans-
fer agreement, any person who is serving a sen-
tence of probation, parole, or other supervised re-
lease for conviction of an offense that requires
registration under this section, and who is resid-
ing in any State other than the State in which
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that person was sentenced for that offense, shall
register in accordance with the law of the State
of residence of the offender that governs the reg-
istration and notification of sex offenders, re-
gardless of any registration or notification obli-
gation under the law of the State in which that
person was sentenced for the offense.
‘‘(B) EFFECT OF FAILURE TO COMPLY.—A
person required to register under subparagraph
(A) who knowingly fails to comply with this
paragraph, not later than 10 days after the date
on which the person establishes residence in a
State other than the State in which the person
was sentenced as described in subparagraph
(A)—
‘‘(i) shall be subject to punishment by
a State with respect to which the person is
registered under subparagraph (A); and
‘‘(ii) shall be guilty of an extraditable
offense, for which a Federal warrant for un-
lawful flight to avoid prosecution is avail-
able.
‘‘(C) NOTIFICATION REQUIREMENTS.—Each
State authority responsible for the registration of
sex offenders who reside in that State—
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‘‘(i) shall ensure, during the course of
verification of registration information,
that each person who is required to register
under this paragraph is notified of the re-
quirements of this paragraph and the poten-
tial consequences of a failure to comply
with those requirements; and
‘‘(ii) whether the relocation of a sex of-
fender described in this paragraph occurs
under courtesy supervision or otherwise,
shall—
‘‘(I) notify the authority respon-
sible for sex offender registration and
notification in the State of relocation
of the pending arrival of the offender
in that State of relocation; and
‘‘(II) provide the authority re-
sponsible for sex offender registration
and notification in the State of reloca-
tion with information relating to the
sex offender, including—
‘‘(aa) 
the 
social 
security
number, 
physical 
description,
criminal record, terms of super-
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vision, and any alias of the sex of-
fender; and
‘‘(bb) the address, telephone
number, and any place of employ-
ment of the sex offender in the
State of relocation.
‘‘(9) REPORTING REQUIREMENT.—Not later than
July 1, 1999, a State shall submit a report to the At-
torney General that sets forth existing or proposed
laws, including penalty provisions, regarding stalking
crimes against individuals 16 years of age or young-
er.’’.
(c) RELEASE OF INFORMATION.—Section 170101(d)(3)
of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071(d)(3)) is amended—
(1) by striking ‘‘the designated’’ and all that fol-
lows through ‘‘State agency’’ and inserting ‘‘the State
or any agency authorized by the State’’;
(2) by inserting ‘‘to be disclosed only for crimi-
nal justice purposes’’ after ‘‘private data’’; and
(3) by adding at the end the following: ‘‘The sale
or exchange of such information for profit or remu-
neration is prohibited and shall be subject to prosecu-
tion under State law.’’.
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(d) IMMUNITY FOR GOOD FAITH CONDUCT.—Section
170101(e) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14071(e)) is amended by strik-
ing ‘‘and State officials’’ and inserting ‘‘independent con-
tractors acting at the direction of those agencies, and State
officials’’.
(e) FEDERAL OFFENDERS
AND MILITARY PERSON-
NEL.—Section 170102(g)(3) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14072(g)(3))
is amended—
(1) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii) and indenting each clause 2
ems to the right;
(2) by striking ‘‘A person’’ and inserting the fol-
lowing:
‘‘(A) IN GENERAL.—A person’’; and
(3) by adding at the end the following:
‘‘(B) FEDERAL OFFENDERS.—
‘‘(i) IN GENERAL.—A person who is re-
leased from prison, or placed on parole, su-
pervised release, or probation—
‘‘(I) who is convicted under Fed-
eral law of—
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‘‘(aa) 
a 
criminal 
offense
against a victim who is a minor;
or
‘‘(bb) a sexually violent of-
fense; or
‘‘(II) who has been determined to
be a sexually violent predator,
shall, in addition to complying with the
registration requirement in paragraph (2),
register in accordance with the law of the
State of residence of that person.
‘‘(ii) NOTIFICATION REQUIREMENTS.—
The Director of the Bureau of Prisons shall
ensure that each person who is required to
register under this subparagraph is notified
of the requirements of this subparagraph
and the potential consequences of a failure
to comply with those requirements.
‘‘(C) MILITARY PERSONNEL.—
‘‘(i) IN GENERAL.—
‘‘(I) REGISTRATION UNDER LAWS
OF STATE OF RESIDENCE.—A member
of the Armed Forces of the United
States who has—
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‘‘(aa) been convicted of a
criminal offense against a victim
who is a minor;
‘‘(bb) been convicted of a sex-
ually violent offense; or
‘‘(cc) been determined to be a
sexually violent predator,
by a court of the United States, a court
of a State, or a court-martial under
the Uniform Code of Military Justice,
shall register with the entities referred
to in subclause (II).
‘‘(II) ENTITIES.—The entities re-
ferred to in this subclause are—
‘‘(aa) the FBI; and
‘‘(bb) the State of residence of
the member, and if different from
the State of residence, the State in
which the member is permanently
assigned.
‘‘(III) DETERMINATION OF STATE
OF RESIDENCE.—For purposes of sub-
clause (II)(bb), the State of residence of
a member of the Armed Forces of the
United States is—
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‘‘(aa) in the case of a mem-
ber whose permanent duty station
is in a State (including such a
member who resides on a military
installation or is serving aboard a
vessel at sea), the State where the
member 
resides 
whenever 
the
member is present at that perma-
nent duty station; and
‘‘(bb) in the case of a member
whose permanent duty station is
outside the United States, the
State of the member’s home of
record (as determined under regu-
lations prescribed by the Sec-
retary of the military department
concerned).
‘‘(ii) EFFECT
OF
FAILURE
TO
COM-
PLY.—A person who is required to register
under this subparagraph and who know-
ingly fails to comply with this section may
be punished—
‘‘(I) under section 170102(i)(1);
‘‘(II) under the Uniform Code of
Military Justice; or
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‘‘(III) in accordance with the ap-
plicable laws of the State with respect
to which that person is registered.
‘‘(iii) 
NOTIFICATION
REQUIRE-
MENTS.—The Secretary of Defense shall en-
sure that each member of the Armed Forces
of the United States who is required to reg-
ister under this paragraph is notified of the
requirements of this paragraph and the po-
tential consequences of a failure to comply
with those requirements.’’.
(f) SENSE OF SENATE.—It is the sense of the Senate
that each State should have in effect a law that makes it
a crime to stalk an individual under the age of 16 without
requiring that such individual be physically harmed before
a stalker is restrained or punished.
SEC. 117. (a) IN GENERAL.—Section 610(b) of the De-
partments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (8 U.S.C.
1153; Public Law 102–395) is amended—
(1) by striking ‘‘300’’ and inserting ‘‘3,000’’; and
(2) by striking ‘‘five years’’ and inserting ‘‘seven
years’’.
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(b) EFFECTIVE DATE.—The amendment made by sub-
section (a)(2) shall be deemed to have become effective on
October 6, 1992.
SEC. 118. The Director of the United States Marshals
Service shall provide a magnetometer and not less than one
qualified guard at each entrance to the real property (in-
cluding offices, buildings, and related grounds and facili-
ties) that is leased to the United States as a place of employ-
ment for Federal employees at 625 Silver, S.W., in Albu-
querque, New Mexico.
SEC. 119. Section 203(p)(1) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
484(p)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B)(i) The Administrator may exercise the au-
thority under subparagraph (A) with respect to such
surplus real and related property needed by the trans-
feree or grantee for—
‘‘(I) law enforcement purposes, as deter-
mined by the Attorney General; or
‘‘(II) emergency management response pur-
poses, including fire and rescue services, as de-
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termined by the Director of the Federal Emer-
gency Management Agency.
‘‘(ii) The authority provided under this subpara-
graph shall terminate on December 31, 1999.’’.
SEC. 120. Of the amounts made available under this
title under the heading ‘‘OFFICE OF JUSTICE PRO-
GRAMS’’ under the subheading ‘‘STATE AND LOCAL LAW
ENFORCEMENT ASSISTANCE’’, not more than 90 percent of
the amount otherwise to be awarded to an entity under the
Local Law Enforcement Block Grant Program shall be
made available to that entity, if it is made known to the
Federal official having authority to obligate or expend such
amounts that the entity employs a public safety officer (as
that term is defined in section 1204 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968) does not pro-
vide an employee who is public safety officer and who re-
tires or is separated from service due to injury suffered as
the direct and proximate result of a personal injury sus-
tained in the line of duty while responding to an emergency
situation or a hot pursuit (as such terms are defined by
State law) with the same or better level of health insurance
benefits that are otherwise paid by the entity to a public
safety officer at the time of retirement or separation.
SEC. 121. PUBLIC DISCLOSURE OF COURT APPOINTED
ATTORNEYS’ FEES.—Section 3006A(d) of title 18, United
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States Code, is amended by striking paragraph (4) and in-
serting the following:
‘‘(4) DISCLOSURE OF FEES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) through (E), the amounts paid under
this subsection for services in any case shall be
made available to the public by the court upon
the court’s approval of the payment.
‘‘(B) PRE-TRIAL OR TRIAL IN PROGRESS.—
If a trial is in pre-trial status or still in
progress and after considering the defendant’s
interests as set forth in subparagraph (D), the
court shall—
‘‘(i) redact any detailed information
on the payment voucher provided by defense
counsel to justify the expenses to the court;
and
‘‘(ii) make public only the amounts ap-
proved for payment to defense counsel by di-
viding those amounts into the following cat-
egories:
‘‘(I) Arraignment and or plea.
‘‘(II) Bail and detention hearings.
‘‘(III) Motions.
‘‘(IV) Hearings.
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‘‘(V) Interviews and conferences.
‘‘(VI) Obtaining and reviewing
records.
‘‘(VII) Legal research and brief
writing.
‘‘(VIII) Travel time.
‘‘(IX) Investigative work.
‘‘(X) Experts.
‘‘(XI) Trial and appeals.
‘‘(XII) Other.
‘‘(C) TRIAL COMPLETED.—
‘‘(i) IN
GENERAL.—If a request for
payment is not submitted until after the
completion of the trial and subject to con-
sideration of the defendant’s interests as set
forth in subparagraph (D), the court shall
make available to the public an unredacted
copy of the expense voucher.
‘‘(ii) PROTECTION OF THE RIGHTS OF
THE DEFENDANT.—lf the court determines
that defendant’s interests as set forth in sub-
paragraph (D) require a limited disclosure,
the court shall disclose amounts as provided
in subparagraph (B).
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‘‘(D) CONSIDERATIONS.—The interests re-
ferred to in subparagraphs (B) and (C) are—
‘‘(i) to protect any person’s 5th amend-
ment right against self-incrimination;
‘‘(ii) to protect the defendant’s 6th
amendment rights to effective assistance of
counsel;
‘‘(iii) the defendant’s attorney-client
privilege;
‘‘(iv) the work product privilege of the
defendant’s counsel;
‘‘(v) the safety of any person; and
‘‘(vi) any other interest that justice
may require.
‘‘(E) NOTICE.—The court shall provide rea-
sonable notice of disclosure to the counsel of the
defendant prior to the approval of the payments
in order to allow the counsel to request redaction
based on the considerations set forth in subpara-
graph (D). Upon completion of the trial, the
court shall release unredacted copies of the
vouchers provided by defense counsel to justify
the expenses to the court. If there is an appeal,
the court shall not release unredacted copies of
the vouchers provided by defense counsel to jus-
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tify the expenses to the court until such time as
the appeals process is completed, unless the court
determines that none of the defendant’s interests
set forth in subparagraph (D) will be com-
promised.’’.
SEC. 122. (a) Section 1(d) of the Foreign Agents Reg-
istration Act of 1938, as amended (22 U.S.C. 611(d)) is
amended by inserting after ‘‘The term ‘agent of a foreign
principal’ ’’ the following: ‘‘(1) includes an entity described
in section 170(b)(1)(A)(vi) of the Internal Revenue Code of
1986 that receives, directly or indirectly, from a government
of a foreign country (or more than one such government)
in any 12-month period contributions in a total amount
in excess of $10,000, and that conducts public policy re-
search, education, or information dissemination and that
is not included in any other subsection of 170(b) (1)(A),
and (2)’’.
(b) Section 3(d) of such Act (22 U.S.C. 613(d)) is
amended by inserting ‘‘, other than an entity referred to
in section 1(d)(1),’’ after ‘‘Any person’’.
SEC. 123. The Administrative Office of the United
States Courts, in consultation with the Judicial Conference,
shall conduct a study of the average costs incurred in de-
fending and presiding over Federal capital cases from the
initial appearance of the defendant through the final ap-
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peal, and shall submit a written report to the Chairman
and Ranking Members of the Senate and House Committees
on Appropriations and the Judiciary on or before July 1,
1998, containing recommendations on measures to contain
costs in such cases, with constitutional requirements.
SEC. 124. The Attorney General shall review the prac-
tices of United States Attorneys’ Offices and relevant inves-
tigating agencies in investigating and prosecuting Federal
capital cases, including before the initial appearance of the
defendant through final appeal, and shall submit a written
report to the Chairman and Ranking Members of the Senate
and House Committees on Appropriations and the Judici-
ary on or before July 1, 1998, containing recommendations
on measures to contain costs in such cases, consistent with
constitutional requirements, and outlining a protocol for
the effective, fiscally responsible prosecution of Federal cap-
ital cases.
SEC. 125. There shall be no restriction on the use of
Public Safety and Community Policing Grants, authorized
under title I of the 1994 Act, to support innovative pro-
grams to improve the safety of elementary and secondary
school children and reduce crime on or near elementary or
secondary school grounds.
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SEC. 126. Section 1701(b)(2)(A) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd) is amended to read as follows—
‘‘(A) may not exceed 20 percent of the funds
available for grants pursuant to this subsection in
any fiscal year.’’.
SEC. 127. WAIVER
OF CERTAIN VACCINATION RE-
QUIREMENTS. (a) IN GENERAL.—Section 212 of the Immi-
gration and Nationality Act (8 U.S.C. 1182) is amended
by adding at the end the following:
‘‘(p) The Attorney General should exercise the waiver
authority provided for in subsection (g)(2)(B) for any alien
orphan applying for an IR3 or IR4 category visa.’’.
(b) REPORT.—The Attorney General, in conjunction
with the Secretaries of Health and Human Services and
State, shall report to Congress within 6 months of the date
of enactment of this Act on how to establish an enforcement
program to ensure that immigrants who receive waivers
from the immunization requirement pursuant to section
212 of the Immigration and Nationality Act comply with
the requirement of that section after the immigrants enter
the United States, except when such immunizations would
not be medically appropriate in the United States or would
be contrary to the alien’s religious or moral convictions.
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SEC. 128. Section 233(d) of the Antiterrorism and Ef-
fective Death Penalty Act of 1996 (110 Stat. 1245) is
amended by striking ‘‘1 year after the date of enactment
of this Act’’ and inserting ‘‘October 1, 1999’’.
SEC. 129. REPORT ON COLLECTING DNA SAMPLES
FROM SEX OFFENDERS. (a) DEFINITIONS.—In this sec-
tion—
(1) the terms ‘‘criminal offense against a victim
who is a minor’’, ‘‘sexually violent offense’’, and ‘‘sex-
ually violent predator’’ have the meanings given those
terms in section 170101(a) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C.
14071(a));
(2) the term ‘‘DNA’’ means deoxyribonucleic
acid; and
(3) the term ‘‘sex offender’’ means an individual
who—
(A) has been convicted in Federal court of—
(i) a criminal offense against a victim
who is a minor; or
(ii) a sexually violent offense; or
(B) is a sexually violent predator.
(b) REPORT.—From amounts made available to the
Department of Justice under this title, not later than 180
days after the date of enactment of this Act, the Attorney
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General shall submit to Congress a report, which shall in-
clude a plan for the implementation of a requirement that,
prior to the release (including probation, parole, or any
other supervised release) of any sex offender from Federal
custody following a conviction for a criminal offense
against a victim who is a minor or a sexually violent of-
fense, the sex offender shall provide a DNA sample to the
appropriate law enforcement agency for inclusion in a na-
tional law enforcement DNA database.
(c) PLAN REQUIREMENTS.—The plan submitted under
subsection (b) shall include recommendations concerning—
(1) a system for—
(A) the collection of DNA samples from any
sex offender;
(B) the analysis of the collected samples for
DNA and other genetic typing analysis; and
(C) making the DNA and other genetic typ-
ing information available for law enforcement
purposes only;
(2) guidelines for coordination with existing
Federal and State DNA and genetic typing informa-
tion databases and for Federal cooperation with State
and local law in sharing this information;
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(3) addressing constitutional, privacy, and relat-
ed concerns in connection with the mandatory sub-
mission of DNA samples; and
(4) procedures and penalties for the prevention of
improper disclosure or dissemination of DNA or other
genetic typing information.
SEC. 130. EXTENSION OF VIOLENT CRIME REDUCTION
TRUST FUND. (a) Section 310001(b) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
14211(b)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the
end;
(2) in paragraph (6), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following—
‘‘(7) for fiscal year 2001, $4,355,000,000; and
‘‘(8) for fiscal year 2002, $4,455,000,000.
(b) Beginning on the date of enactment of this legisla-
tion, the discretionary spending limits contained in section
201 of H. Con. Res. 84 (One Hundred Fifth Congress) are
reduced as follows—
(1) for fiscal year 2001, $4,355,000,000 in new
budget authority and $5,936,000,000 in outlays;
(2) for fiscal year 2002, $4,455,000,000 in new
budget authority and $4,485,000,000 in outlays.
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SEC. 131. SPECIAL MASTERS FOR CIVIL ACTIONS
CONCERNING PRISON CONDITIONS. Section 3626(f) of title
18, United States Code, is amended—
(1) by striking the subsection heading and in-
serting the following:
‘‘(f) SPECIAL MASTERS FOR CIVIL ACTIONS CONCERN-
ING PRISON CONDITIONS.—’’; and
(2) in paragraph (4)—
(A) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(B) in subparagraph (A), as so designated,
by adding at the end the following: ‘‘In no event
shall a court require a party to a civil action
under this subsection to pay the compensation,
expenses, or costs of a special master. Notwith-
standing any other provision of law (including
section 306 of the Act entitled ‘An Act making
appropriations for the Departments of Com-
merce, Justice, and State, the Judiciary, and re-
lated agencies for the fiscal year ending Septem-
ber 30, 1997,’ contained in section 101(a) of title
I of division A of the Act entitled ‘An Act mak-
ing omnibus consolidated appropriations for the
fiscal year ending September 30, 1997’ (110
Stat. 3009–201)) and except as provided in sub-
paragraph (B), the requirement under the pre-
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ceding sentence shall apply to the compensation
and payment of expenses or costs of a special
master for any action that is commenced, before,
on, or after the date of enactment of the Prison
Litigation Reform Act of 1995.’’; and
(C) by adding at the end the following:
‘‘(B) The payment requirements under subparagraph
(A) shall not apply to the payment to a special master who
was appointed before the date of enactment of the Prison
Litigation Reform Act of 1995 (110 Stat. 1321–165 et seq.)
of compensation, expenses, or costs relating to activities of
the special master under this subsection that were carried
out during the period beginning on the date of enactment
of the Prison Litigation Reform Act of 1995 and ending
on the date of enactment of this subparagraph.’’.
This title may be cited as the ‘‘Department of Justice
Appropriations Act, 1998’’.
TITLE II—DEPARTMENT OF COMMERCE AND
RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United
States Trade Representative, including the hire of passenger
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motor vehicles and the employment of experts and consult-
ants as authorized by 5 U.S.C. 3109, $22,092,000, of which
$2,500,000 shall remain available until expended: Provided,
That not to exceed $98,000 shall be available for official
reception and representation expenses: Provided further,
That the number of political appointees on board as of May
1, 1998, shall constitute not more than fifteen percentum
of the total full-time equivalent positions at the Office of
the United States Trade Representative.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles,
and services as authorized by 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation ex-
penses, $41,000,000 to remain available until expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law,
and engaging in trade promotional activities abroad, in-
cluding expenses of grants and cooperative agreements for
the purpose of promoting exports of United States firms,
without regard to 44 U.S.C. 3702 and 3703; full medical
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coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of
the United States and Foreign Commercial Service between
two points abroad, without regard to 49 U.S.C. 1517; em-
ployment of Americans and aliens by contract for services;
rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; pur-
chase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed
$327,000 for official representation expenses abroad; pur-
chase of passenger motor vehicles for official use abroad, not
to exceed $30,000 per vehicle; obtain insurance on official
motor vehicles; and rent tie lines and teletype equipment;
$280,736,000, to remain available until expended: Pro-
vided, That the provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competi-
tiveness Act of 1988 (15 U.S.C. 4912); and that for the pur-
pose of this Act, contributions under the provisions of the
Mutual Educational and Cultural Exchange Act shall in-
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clude payment for assessments for services provided as part
of these activities.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and
abroad; full medical coverage for dependent members of im-
mediate families of employees stationed overseas; employ-
ment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement;
payment of tort claims, in the manner authorized in the
first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $15,000 for official rep-
resentation expenses abroad; awards of compensation to in-
formers under the Export Administration Act of 1979, and
as authorized by 22 U.S.C. 401(b); purchase of passenger
motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation other-
wise established by law; $43,126,000, to remain available
until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the
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Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities: Provided further, That payments and
contributions collected and accepted for materials or serv-
ices provided as part of such activities may be retained for
use in covering the cost of such activities, and for providing
information to the public with respect to the export admin-
istration and national security activities of the Department
of Commerce and other export control programs of the Unit-
ed States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as pro-
vided by the Public Works and Economic Development Act
of 1965, as amended, Public Law 91–304, and such laws
that were in effect immediately before September 30, 1982,
and for trade adjustment assistance, $250,000,000: Pro-
vided, That none of the funds appropriated or otherwise
made available under this heading may be used directly or
indirectly for attorneys’ or consultants’ fees in connection
with securing grants and contracts made by the Economic
Development Administration: Provided further, That, not-
withstanding any other provision of law, the Secretary of
Commerce may provide financial assistance for projects to
be located on military installations closed or scheduled for
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closure or realignment to grantees eligible for assistance
under the Public Works and Economic Development Act of
1965, as amended, without it being required that the grant-
ee have title or ability to obtain a lease for the property,
for the useful life of the project, when in the opinion of the
Secretary of Commerce, such financial assistance is nec-
essary for the economic development of the area: Provided
further, That the Secretary of Commerce may, as the Sec-
retary considers appropriate, consult with the Secretary of
Defense regarding the title to land on military installations
closed or scheduled for closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$22,028,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emer-
gency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce
in fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$27,811,000.
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ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department
of Commerce, $47,917,000, to remain available until Sep-
tember 30, 1999.
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING
FUND
The Secretary of Commerce is authorized to dissemi-
nate economic and statistical data products as authorized
by sections 1, 2, and 4 of Public Law 91–412 (15 U.S.C.
1525–1527) and, notwithstanding section 5412 of the Om-
nibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912), charge fees necessary to recover the full costs incurred
in their production. Notwithstanding 31 U.S.C. 3302, re-
ceipts received from these data dissemination activities
shall be credited to this account, to be available for carrying
out these purposes without further appropriation.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for by
law, $138,056,000.
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PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish statistics
for periodic censuses and programs provided for by law,
$520,726,000, to remain available until expended.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Adminis-
tration (NTIA), $16,574,000, to remain available until ex-
pended: Provided, That notwithstanding 31 U.S.C. 1535(d),
the Secretary of Commerce shall charge Federal agencies for
costs incurred in spectrum management, analysis, and op-
erations, and related services and such fees shall be retained
and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided fur-
ther, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide
any spectrum functions pursuant to the NTIA Organization
Act, 47 U.S.C. §§ 902–903, to any Federal entity without
reimbursement as required by NTIA for such spectrum
management costs, and Federal entities withholding pay-
ment of such cost shall not use spectrum: Provided further,
That the Secretary of Commerce is authorized to retain and
use as offsetting collections all funds transferred, or pre-
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viously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering,
and related activities by the Institute for Telecommuni-
cation Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received
from other Government agencies shall remain available
until expended.
PUBLIC BROADCASTING FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $25,000,000, to remain
available until expended as authorized by section 391 of the
Act, as amended: Provided, That not to exceed $1,500,000
shall be available for program administration as authorized
by section 391 of the Act: Provided further, That notwith-
standing the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants
for projects for which applications have been submitted and
approved during any fiscal year: Provided further, That,
notwithstanding any other provision of law, the Pan-Pa-
cific Education and Communication Experiments by Sat-
ellite (PEACESAT) Program is eligible to compete for Pub-
lic Broadcasting Facilities, Planning and Construction
funds.
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INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $11,000,000, to remain
available until expended as authorized by section 391 of the
Act, as amended: Provided, That not to exceed $3,000,000
shall be available for program administration and other
support activities as authorized by section 391: Provided
further, That of the funds appropriated herein, not to exceed
5 percent may be available for telecommunications research
activities for projects related directly to the development of
a national information infrastructure: Provided further,
That notwithstanding the requirements of section 392(a)
and 392(c) of the Act, these funds may be used for the plan-
ning and construction of telecommunications networks for
the provision of educational, cultural, health care, public
information, public safety, or other social services.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark
Office or any successor organization, $656,320,000, to re-
main 
available 
until 
expended: 
Provided, 
That
$629,320,000 of offsetting collections shall be assessed and
collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and
376 and shall be retained and used for necessary expenses
in this appropriation: Provided further, That the sum here-
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in appropriated from the General Fund shall be reduced
as such offsetting collections are received during fiscal year
1998, so as to result in a final fiscal year 1998 appropria-
tion from the General Fund estimated at $27,000,000: Pro-
vided further, That should legislation establishing an Office
of the Under Secretary of Commerce for Intellectual Prop-
erty Policy be enacted, such funds as are necessary, not to
exceed 2 percent of projected annual revenues of the Patent
and Trademark Office, shall be made available from the
sum appropriated in this paragraph for the staffing, oper-
ation, and support of said office once a plan for this office
has been submitted to the House and Senate Committees
on Appropriations pursuant to section 605 of this Act.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF
TECHNOLOGY POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $8,800,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $276,852,000, to remain avail-
able until expended, of which not to exceed $500,000 may
be transferred to the ‘‘Working Capital Fund’’.
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INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Exten-
sion Partnership of the National Institute of Standards and
Technology, $111,040,000, to remain available until ex-
pended, of which not to exceed $300,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That notwith-
standing the time limitations imposed by 15 U.S.C. 278k(c)
(1) and (5) on the duration of Federal financial assistance
that may be awarded by the Secretary of Commerce to Re-
gional Centers for the transfer of Manufacturing Technology
(‘‘Centers’’), such Federal financial assistance for a Center
may continue beyond six years and may be renewed for
additional periods, not to exceed one year, at a rate not
to exceed one-third of the Center’s total annual costs, subject
before any such renewal to a positive evaluation of the Cen-
ter and to a finding by the Secretary of Commerce that
continuation of Federal funding to the Center is in the best
interest of the Regional Centers for the transfer of Manufac-
turing Technology Program: Provided further, That the
Center’s most recent performance evaluation is positive, and
the Center has submitted a reapplication which has success-
fully passed merit review.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards
and Technology, $200,000,000, to remain available until
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expended, of which not to exceed $500,000 may be trans-
ferred to the ‘‘Working Capital Fund’’.
CONSTRUCTION OF RESEARCH FACILITIES
For renovation of existing facilities of the National In-
stitute of Standards and Technology, as authorized by 15
U.S.C. 278c–278e, $16,000,000, to remain available until
expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law
for the National Oceanic and Atmospheric Administration,
including acquisition, maintenance, operation, and hire of
aircraft; not to exceed 299 commissioned officers on the ac-
tive list as of September 30, 1998; grants, contracts, or other
payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements;
and alteration, modernization, and relocation of facilities
as authorized by 33 U.S.C. 883i; $1,999,052,000, to remain
available until expended, of which not to exceed $3,800,000
may be made available to the Secretary of Commerce for
a study on the effect of intentional encirclement, including
chase, on dolphins and dolphin stocks in the eastern tropical
Pacific Ocean purse seine fishery: Provided, That notwith-
standing 31 U.S.C. 3302 but consistent with other existing
law, fees shall be assessed, collected, and credited to this ap-
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propriation as offsetting collections to be available until ex-
pended, to recover the costs of administering aeronautical
charting programs: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such
additional fees are received during fiscal year 1998, so as
to result in a final general fund appropriation estimated
at not more than $1,996,052,000: Provided further, That
any such additional fees received in excess of $3,000,000
in fiscal year 1998 shall not be available for obligation
until October 1, 1998: Provided further, That fees and dona-
tions received by the National Ocean Service for the man-
agement of the national marine sanctuaries may be re-
tained and used for the salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302: Pro-
vided further, That in addition, $62,381,000 shall be de-
rived by transfer from the fund entitled ‘‘Promote and De-
velop Fishery Products and Research Pertaining to Amer-
ican Fisheries’’: Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000. Notwithstanding any other provision of law
and pursuant to the fiscal year 1997 Emergency Supple-
mental Act (Public Law 105–18) section 2004, funding for
the following projects is to be made available from prior
year carryover funds: $200,000 for the Ship Creek facility
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in Anchorage, Alaska; $1,000,000 for the construction of a
facility on the Gulf Coast in Mississippi; and $300,000 for
an open ocean aquaculture project and community outreach
programs in Durham, New Hampshire.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1456a),
not to exceed $7,800,000, for purposes set forth in sections
308(b)(2)(A), 308(b)(2)(B)(v), and 315(e) of such Act.
CONSTRUCTION
For repair and modification of, and additions to, ex-
isting facilities and construction of new facilities, and for
facility planning and design and land acquisition not oth-
erwise provided for the National Oceanic and Atmospheric
Administration, $88,000,000, to remain available until ex-
pended.
FLEET MAINTENANCE AND PLANNING
For expenses necessary for the repair, acquisition, leas-
ing, or conversion of vessels, including related equipment
to maintain and modernize the existing fleet and to con-
tinue planning the modernization of the fleet, for the Na-
tional 
Oceanic 
and 
Atmospheric 
Administration,
$15,823,000, to remain available until expended.
FISHING VESSEL AND GEAR DAMAGE COMPENSATION FUND
For carrying out the provisions of section 3 of Public
Law 95–376, not to exceed $200,000, to be derived from re-
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ceipts collected pursuant to subsections (b) and (f) of section
10 of the Fishermen’s Protective Act of 1967 (22 U.S.C.
1980), to remain available until expended.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public
Law 95–372, not to exceed $953,000, to be derived from re-
ceipts collected pursuant to that Act, to remain available
until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of
the Atlantic Tunas Convention Act of 1975, as amended
(Public Law 96–339), the Magnuson-Stevens Fishery Con-
servation and Management Act of 1976, as amended (Public
Law 100–627), and the American Fisheries Promotion Act
(Public Law 96–561), to be derived from the fees imposed
under the foreign fishery observer program authorized by
these Acts, not to exceed $189,000, to remain available until
expended.
FISHING VESSEL OBLIGATIONS GUARANTEES
For the cost of guaranteed loans, $338,000, as author-
ized by the Merchant Marine Act of 1936, as amended: Pro-
vided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That none of the
funds made available under this heading may be used to
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guarantee loans for any new fishing vessel that will increase
the harvesting capacity in any United States fishery.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general administration
of the Department of Commerce provided for by law, includ-
ing not to exceed $3,000 for official entertainment,
$28,490,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App. 1–11 as amended
by Public Law 100–504), $20,140,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable
appropriations and funds made available to the Depart-
ment of Commerce by this Act shall be available for the
activities specified in the Act of October 26, 1949 (15 U.S.C.
1514), to the extent and in the manner prescribed by the
Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary that
such payments are in the public interest.
SEC. 202. During the current fiscal year, appropria-
tions made available to the Department of Commerce by
this Act for salaries and expenses shall be available for hire
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of passenger motor vehicles as authorized by 31 U.S.C. 1343
and 1344; services as authorized by 5 U.S.C. 3109; and uni-
forms or allowances therefor, as authorized by law (5 U.S.C.
5901–5902).
SEC. 203. None of the funds made available by this
Act may be used to support the hurricane reconnaissance
aircraft and activities that are under the control of the
United States Air Force or the United States Air Force Re-
serve.
SEC. 204. None of the funds provided in this or any
previous Act, or hereinafter made available to the Depart-
ment of Commerce, shall be available to reimburse the Un-
employment Trust Fund or any other fund or account of
the Treasury to pay for any expenses paid before October
1, 1992, as authorized by section 8501 of title 5, United
States Code, for services performed after April 20, 1990, by
individuals appointed to temporary positions within the
Bureau of the Census for purposes relating to the 1990 de-
cennial census of population.
SEC. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Commerce in this Act may be transferred between
such appropriations, but no such appropriation shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this section shall be
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treated as a reprogramming of funds under section 605 of
this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in
that section.
SEC. 206. Any costs incurred by a Department or
agency funded under this title resulting from personnel ac-
tions taken in response to funding reductions included in
this title shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedure set forth in that section.
SEC. 207. The Secretary may award contracts for hy-
drographic, geodetic, and photogrammetric surveying and
mapping services in accordance with title IX of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 541 et seq.).
SEC. 208. There is hereby established the Bureau of
the Census Working Capital Fund, which shall be available
without fiscal year limitation, for expenses and equipment
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necessary for the maintenance and operation of such serv-
ices and projects as the Director of the Census Bureau deter-
mines may be performed more advantageously when cen-
tralized: Provided, That such central services shall, to the
fullest extent practicable, be used to make unnecessary the
maintenance of separate like services in the divisions and
offices of the Bureau: Provided further, That a separate
schedule of expenditures and reimbursements, and a state-
ment of the current assets and liabilities of the Working
Capital Fund as of the close of the last completed fiscal
year, shall be prepared each year: Provided further, That
notwithstanding 31 U.S.C. 3302, the Working Capital
Fund may be credited with advances and reimbursements
from applicable appropriations of the Bureau and from
funds of other agencies or entities for services furnished pur-
suant to law: Provided further, That any inventories, equip-
ment, and other assets pertaining to the services to be pro-
vided by such funds, either on hand or on order, less the
related liabilities or unpaid obligations, and any appro-
priations made hereafter for the purpose of providing cap-
ital, shall be used to capitalize the Working Capital Fund:
Provided further, That the Working Capital Fund shall pro-
vide for centralized services at rates which will return in
full all expenses of operation, including depreciation of fund
plant and equipment, amortization of automated data proc-
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essing software and hardware systems, and an amount nec-
essary to maintain a reasonable operating reserve as deter-
mined by the Director.
SEC. 209. None of the funds made available in this
Act for fiscal year 1998 may be used by the Department
of Commerce to make irreversible plans or preparation for
the use of sampling or any other statistical method (includ-
ing any statistical adjustment) in taking the 2000 decen-
nial 
census 
of 
population 
for 
purposes 
of 
the
appropriationment of Representatives in Congress among
the States.
SEC. 210. (a) Section 401 of title 22, United States
Code, is amended—
(1) in subsection (a), by adding after the first
sentence the following: ‘‘The Secretary of Commerce
may seize and detain any commodity (other than
arms or munitions of war) or technology which is in-
tended to be or is being exported in violation of laws
governing such exports and may seize and detain any
vessel, vehicle, or aircraft containing the same or
which has been used or is being used in exporting or
attempting to export such articles.’’; and
(2) in subsection (b), by adding the following
after ‘‘and not inconsistent with the provisions here-
of.’’—
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‘‘However, with respect to seizures and forfeit-
ures of property under this section by the Secretary
of Commerce, such duties as are imposed upon the
customs officer or any other person with respect to the
seizure and forfeiture of property under the customs
law may be performed by such officers as are des-
ignated by the Secretary of Commerce or, upon the re-
quest of the Secretary of Commerce, by any other
agency that has authority to manage and dispose of
seized property.’’
(b) Section 524(c)(11)(B) of title 28, United States
Code, is amended by adding at the end thereof ‘‘or pursuant
to the authority of the Secretary of Commerce’’.
SEC. 211. Notwithstanding any other provision of law,
the Economic Development Administration is directed to
transfer funds obligated and awarded to the Butte-Silver
Bow Consolidated Local Government as Project Number
05–01–02822 to the Butte Local Development Corporation
Revolving Loan Fund to be administered by the Butte Local
Development Corporation, such funds to remain available
until expended.
SEC. 212. The Office of Management and Budget shall
designate the Jonesboro-Paragould, Arkansas Metropolitan
Statistical Area in lieu of the Jonesboro, Arkansas Metro-
politan Statistical Area. The Jonesboro-Paragould, Arkan-
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sas Metropolitan Statistical Area shall include both
Craighead County, Arkansas and Greene County, Arkansas,
in their entirety.
SEC. 213. In addition to funds provided elsewhere in
this Act for the National Telecommunications and Informa-
tion Administration Information Infrastructure Grants
program, $10,490,000 is available until expended: Pro-
vided, That this amount shall be offset by proportionate re-
ductions in appropriations provided for the Department of
Commerce in title II of this Act: Provided further, That
no reductions shall be made from any appropriations made
available in this Act for the National Oceanic and Atmos-
pheric Administration, the National Institute of Standards
and Technology and the National Telecommunications and
Information Administration Public Broadcasting Facili-
ties, Planning and Construction program.
SEC. 214. SENSE OF THE SENATE WITH RESPECT TO
SLAMMING. (a) STATEMENT OF PURPOSE.—The purposes of
this statement of the sense of the Senate are to—
(1) protect consumers from the fraudulent trans-
fer of their phone service provider;
(2) allow the efficient prosecution of phone serv-
ice providers who defraud consumers; and
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(3) encourage an environment in which consum-
ers can readily select the telephone service provider
which best serves them.
(b) FINDINGS.—The Congress finds the following:
(1) As the telecommunications industry has
moved toward competition in the long distance mar-
ket, consumers have increasingly elected to change the
company which provides their long-distance phone
service. As many as fifty million consumers now
change their long distance provider annually.
(2) The fluid nature of the long distance market
has also allowed an increasing number of fraudulent
transfers to occur. Such transfers have been termed
‘‘slamming’’, which constitutes any practice that
changes a consumer’s long distance carrier without
the consumer’s knowledge or consent.
(3) Slamming is now the largest single consumer
complaint received by the Common Carrier Bureau of
the Federal Communications Commission. As many
as one million consumers are fraudulently transferred
annually to a provider which they have not chosen.
(4) The increased costs which consumers face as
a result of these fraudulent switches threaten to rob
consumers of the financial benefits created by a com-
petitive marketplace.
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(5) The Telecommunications Act of 1996 sought
to combat this problem by directing that any revenues
generated by a fraudulent transfer be payable to the
company which the consumer has expressly chosen,
not the fraudulent transferor. Recently the Federal
Communications Commision has exercised its proper
authority to implement this rule. Eliminating the fi-
nancial incentive to slam will reduce this problem.
(6) While the Federal Communications Commis-
sion has proposed and promulgated regulations on
this subject, the Commission has not been able to effec-
tively deter the practice of slamming due to a lack of
prosecutorial resources as well as the difficulty of
proving that a provider failed to obtain the consent
of a consumer prior to acquiring that consumer as a
new customer. Commission action to date has not
adequately protected consumers.
(7) The majority of consumers who have been
fraudulently denied the services of their chosen phone
service vendor do not turn to the Federal Communica-
tions Commission for assistance. Indeed, section 258
of the Communications Act of 1934 directs that State
commissions shall be able to enforce regulations man-
dating that the consent of a consumer be obtained
prior to a switch of service.
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(8) It is essential that Congress provide the Fed-
eral Communications Commission, law enforcement,
consumers, and consumer agencies with the ability to
efficiently and effectively prosecute those companies
which slam consumers, thus providing a deterrent to
all other firms which provide phone services.
(c) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the Federal Communications Commission
should, within 12 months of the date of enactment of
this Act, promulgate regulations, consistent with the
Communications Act of 1934 which provide law en-
forcement officials dispositive evidence for use in the
prosecution of fraudulent transfers of presubscribed
customers of long distance and local service; and
(2) the Senate should examine the issue of slam-
ming and take appropriate legislative action in the
One Hundred Fifth Congress to better protect consum-
ers from unscrupulous practices including, but not
limited to, mandating the recording and maintenance
of evidence concerning the consent of the consumer to
switch phone vendors, including a requirement for
third-party verification, establishing higher civil fines
for violations, approving the Federal Communications
Commission’s exercise of its authority to provide by
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rule for slammed consumers to be exempt from any
payment requirement, and establishing a civil right
of action against fraudulent providers, as well as
criminal sanctions for repeated and willful instances
of slamming.
This title may be cited as the ‘‘Department of Com-
merce and Related Agencies Appropriations Act, 1998’’.
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Su-
preme Court, as required by law, excluding care of the
building and grounds, including purchase or hire, driving,
maintenance, and operation of an automobile for the Chief
Justice, not to exceed $10,000 for the purpose of transport-
ing Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed
$10,000 for official reception and representation expenses;
and for miscellaneous expenses, to be expended as the Chief
Justice may approve; $28,903,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable
the Architect of the Capitol to carry out the duties imposed
upon him by the Act approved May 7, 1934 (40 U.S.C.
13a–13b), $6,170,000, of which $3,620,000 shall remain
available until expended.
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UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $15,796,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services as author-
ized by 5 U.S.C. 3109, and necessary expenses of the court,
as authorized by law, $11,478,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the salaries of circuit and district judges (includ-
ing judges of the territorial courts of the United States),
justices and judges retire from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise spe-
cifically provided for, and necessary expenses of the courts,
as authorized by law, $2,789,777,000 (including the pur-
chase of firearms and ammunition); of which not to exceed
$16,530,000 shall remain available until expended for space
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alteration projects; and of which not to exceed $10,000,000
shall remain available until expended for furniture and fur-
nishings related to new space alteration and construction
projects.
In addition, for expenses of the United States Court
of Federal Claims associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $2,450,000, to be appropriated from the Vaccine In-
jury Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Public Defender and
Community Defender organizations; the compensation and
reimbursement of expenses of attorneys appointed to rep-
resent persons under the Criminal Justice Act of 1964, as
amended; the compensation and reimbursement of expenses
of persons furnishing investigative, expert and other services
under the Criminal Justice Act (18 U.S.C. 3006A(e)); the
compensation (in accordance with Criminal Justice Act
maximums) and reimbursement of expenses of attorneys ap-
pointed to assist the court in criminal cases where the de-
fendant has waived representation by counsel; the com-
pensation and reimbursement of travel expenses of guard-
ians ad litem acting on behalf of financially eligible minor
or incompetent offenders in connection with transfers from
the United States to foreign countries with which the Unit-
ed States has a treaty for the execution of penal sentences;
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and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employ-
ment, as authorized by 28 U.S.C. 1875(d); $308,000,000,
to remain available until expended as authorized by 18
U.S.C. 3006A(i): Provided, That the annual incremental
cost of each capital representation shall not exceed $63,000:
Provided further, That if the annual incremental cost of
any capital representation exceeds $63,000, the costs in ex-
cess of $63,000 shall be paid equally out of funds appro-
priated or otherwise made available to the administrative
units supporting the prosecutor and presiding judge.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28
U.S.C. 1871 and 1876; compensation of jury commissioners
as authorized by 28 U.S.C. 1863; and compensation of com-
missioners appointed in condemnation cases pursuant to
rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)); $68,252,000, to remain
available until expended: Provided, That the compensation
of land commissioners shall not exceed the daily equivalent
of the highest rate payable under section 5332 of title 5,
United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, in-
cident to the procurement, installation, and maintenance
of security equipment and protective services for the United
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States Courts in courtrooms and adjacent areas, including
building ingress-egress control, inspection of packages, di-
rected security patrols, and other similar activities as au-
thorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100–702); $167,883,000,
of which not to exceed $26,962,000 shall remain available
until expended for security systems, to be expended directly
or transferred to the United States Marshals Service which
shall be responsible for administering elements of the Judi-
cial Security Program consistent with standards or guide-
lines agreed to by the Director of the Administrative Office
of the United States Courts and the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of
the United States Courts as authorized by law, including
travel as authorized by 31 U.S.C. 1345, hire of a passenger
motor vehicle as authorized by 31 U.S.C. 1343(b), advertis-
ing and rent in the District of Columbia and elsewhere,
$53,843,000, of which not to exceed $7,500 is authorized
for official reception and representation expenses.
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FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center,
as authorized by Public Law 90–219, $17,495,000; of which
$1,800,000 shall remain available through September 30,
1999, to provide education and training to Federal court
personnel; and of which not to exceed $1,000 is authorized
for official reception and representation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement
Fund, as authorized by 28 U.S.C. 377(o), $25,000,000, to
the Judicial Survivors’ Annuities Fund, as authorized by
28 U.S.C. 376(c), $7,400,000, and to the United States
Court of Federal Claims Judges’ Retirement Fund, as au-
thorized by 28 U.S.C. 178(l), $1,800,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out
the provisions of chapter 58 of title 28, United States Code,
$9,480,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
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GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in
this title which are available for salaries and expenses shall
be available for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ‘‘Courts of Appeals, Dis-
trict Courts, and other Judicial Services, Defender Serv-
ices’’ and ‘‘Courts of Appeals, District Courts, and other
Judicial Services, Fees of Jurors and Commissioners’’, shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
SEC. 303. Notwithstanding any other provision of law,
the salaries and expenses appropriation for district courts,
courts of appeals, and other judicial services shall be avail-
able for official reception and representation expenses of the
Judicial Conference of the United States: Provided, That
such available funds shall not exceed $10,000 and shall be
administered by the Director of the Administrative Office
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of the United States Courts in his capacity as Secretary
of the Judicial Conference.
SEC. 304. Section 612 of title 28, United States Code,
shall be amended by striking out subsection (l).
SEC. 305. (a) SHORT TITLE.—This section may be
cited as the ‘‘Ninth Circuit Court of Appeals Reorganiza-
tion Act of 1997’’.
(b) NUMBER AND COMPOSITION OF CIRCUITS.—Sec-
tion 41 of title 28, United States Code, is amended—
(1) in the matter before the table, by striking
‘‘thirteen’’ and inserting ‘‘fourteen’’;
(2) in the table, by striking the item relating to
the ninth circuit and inserting the following new
item:
‘‘Ninth ...............................................
California, Nevada.’’;
and
(3) between the last 2 items of the table, by in-
serting the following new item:
‘‘Twelfth ............................................
Alaska, 
Arizona, 
Guam, 
Hawaii,
Idaho, Montana, Northern Mariana
Islands, Oregon, Washington.’’.
(c) NUMBER OF CIRCUIT JUDGES.—The table in sec-
tion 44(a) of title 28, United States Code, is amended—
(1) by striking the item relating to the ninth cir-
cuit and inserting the following new item:
‘‘Ninth ................................................................................................................
15’’;
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(f) ELECTION OF ASSIGNMENT BY SENIOR JUDGES.—
Each judge who is a senior judge of the former ninth circuit
on the day before the effective date of this section may elect
to be assigned to the new ninth circuit or to the twelfth
circuit and shall notify the Director of the Administrative
Office of the United States Courts of such election.
(g) SENIORITY OF JUDGES.—The seniority of each
judge—
(1) who is assigned under subsection (e); or
(2) who elects to be assigned under subsection (f);
shall run from the date of commission of such judge
as a judge of the former ninth circuit.
(h) APPLICATION TO CASES.—The provisions of the fol-
lowing paragraphs of this subsection apply to any case in
which, on the day before the effective date of this section,
an appeal or other proceeding has been filed with the former
ninth circuit:
(1) If the matter has been submitted for decision,
further proceedings in respect of the matter shall be
had in the same manner and with the same effect as
if this section had not been enacted.
(2) If the matter has not been submitted for deci-
sion, the appeal or proceeding, together with the origi-
nal papers, printed records, and record entries duly
certified, shall, by appropriate orders, be transferred
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to the court to which it would have gone had this sec-
tion been in full force and effect at the time such ap-
peal was taken or other proceeding commenced, and
further proceedings in respect of the case shall be had
in the same manner and with the same effect as if the
appeal or other proceeding had been filed in such
court.
(3) A petition for rehearing or a petition for re-
hearing en banc in a matter decided before the effec-
tive date of this section, or submitted before the effec-
tive date of this section and decided on or after the
effective date as provided in paragraph (1) of this
subsection, shall be treated in the same manner and
with the same effect as though this section had not
been enacted. If a petition for rehearing en banc is
granted, the matter shall be reheard by a court com-
prised as though this section had not been enacted.
(i) DEFINITIONS.—For the purposes of this section, the
term—
(1) ‘‘former ninth circuit’’ means the ninth judi-
cial circuit of the United States as in existence on the
day before the effective date of this section;
(2) ‘‘new ninth circuit’’ means the ninth judicial
circuit of the United States established by the amend-
ment made by subsection (b)(2);
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(3) ‘‘twelfth circuit’’ means the twelfth judicial
circuit of the United States established by the amend-
ment made by subsection (b)(3).
(j) ADMINISTRATION.—The court of appeals for the
ninth circuit as constituted on the day before the effective
date of this section may take such administrative action
as may be required to carry out this section. Such court
shall cease to exist for administrative purposes on July 1,
1999.
(k) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall become effective on October
1, 1997.
SEC. 306. Pursuant to section 140 of Public Law 97–
92, justices and judges of the United States are authorized
during fiscal year 1998, to receive a salary adjustment in
accordance with 28 U.S.C. 461.
SEC. 307. Section 44(c) of title 28, United States Code,
is amended by adding at the end thereof the following sen-
tence: ‘‘In each circuit (other than the Federal judicial cir-
cuit) there shall be at least one circuit judge in regular ac-
tive service appointed from the residents of each state in
that circuit.’’.
This title may be cited as ‘‘The Judiciary Appropria-
tions Act, 1998’’.
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TITLE IV—DEPARTMENT OF STATE AND
RELATED AGENCIES
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and
the Foreign Service not otherwise provided for, including
expenses authorized by the State Department Basic Au-
thorities Act of 1956, as amended; representation to certain
international organizations in which the United States
participates pursuant to treaties, ratified pursuant to the
advice and consent of the Senate, or specific Acts of Con-
gress; acquisition by exchange or purchase of passenger
motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C.
481(c) and 22 U.S.C. 2674; and for expenses of general ad-
ministration; $1,727,868,000: Provided, That of the amount
made available under this heading, not to exceed $4,000,000
may be transferred to, and merged with funds in, the
‘‘Emergencies in the Diplomatic and Consular Service’’ ap-
propriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That
of the amount made available under this heading, not to
exceed $125,000 shall be available only for the Maui Pacific
Center: Provided further, That notwithstanding section
140(a)(5), and the second sentence of section 140(a)(3), of
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the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103–236), fees may be collected dur-
ing fiscal year 1998 and each fiscal year thereafter under
the authority of section 140(a)(1) of that Act: Provided fur-
ther, That all fees collected under the preceding proviso shall
be deposited as an offsetting collection to appropriations
made under this heading to recover the costs of providing
consular services and shall remain available until expended.
In addition, not to exceed $700,000 in registration fees
collected pursuant to section 38 of the Arms Export Control
Act, as amended, may be used in accordance with section
45 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2717); and in addition not to exceed $1,252,000
shall be derived from fees collected from other executive
agencies for lease or use of facilities located at the Inter-
national Center in accordance with section 4 of the Inter-
national Center Act (Public Law 90–553), as amended, and
in addition, as authorized by section 5 of such Act
$490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section;
and in addition not to exceed $15,000 which shall be de-
rived from reimbursements, surcharges, and fees for use of
Blair House facilities in accordance with section 46 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2718(a)).
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Notwithstanding section 402 of this Act, not to exceed
20 percent of the amounts made available in this Act in
the appropriation accounts ‘‘Diplomatic and Consular Pro-
grams’’ and ‘‘Salaries and Expenses’’ under the heading
‘‘Administration of Foreign Affairs’’ may be transferred be-
tween such appropriation accounts: Provided, That any
transfer pursuant to this sentence shall be treated as a re-
programming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
SALARIES AND EXPENSES
For expenses necessary for the general administration
of the Department of State and the Foreign Service, pro-
vided for by law, including expenses authorized by section
9 of the Act of August 31, 1964, as amended (31 U.S.C.
3721), and the State Department Basic Authorities Act of
1956, as amended, $363,513,000.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment
Fund, $105,000,000, to remain available until expended, as
authorized in Public Law 103–236: Provided, That section
135(e) of Public Law 103–236 shall not apply to funds
available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
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Act of 1978, as amended (5 U.S.C. App.), $27,495,000, not-
withstanding section 209(a)(1) of the Foreign Service Act
of 1980, as amended (Public Law 96–465), as it relates to
post inspections.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by section
905 of the Foreign Service Act of 1980, as amended (22
U.S.C. 4085), $4,100,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Sec-
retary of State to provide for extraordinary protective serv-
ices in accordance with the provisions of section 214 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
4314) and 3 U.S.C. 208, $7,900,000, to remain available
until September 30, 1999.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
For necessary expenses for carrying out the Foreign
Service Buildings Act of 1926, as amended (22 U.S.C. 292–
300), and the Diplomatic Security Construction Program
as authorized by title IV of the Omnibus Diplomatic Secu-
rity and Antiterrorism Act of 1986 (22 U.S.C. 4851),
$420,281,000, to remain available until expended as au-
thorized by section 24(c) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2696(c)): Provided, That
none of the funds appropriated in this paragraph shall be
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available for acquisition of furniture and furnishings and
generators for other departments and agencies.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
SERVICE
For expenses necessary to enable the Secretary of State
to meet unforeseen emergencies arising in the Diplomatic
and Consular Service pursuant to the requirement of 31
U.S.C. 3526(e), $5,500,000, to remain available until ex-
pended as authorized by section 24(c) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2696(c)),
of which not to exceed $1,000,000 may be transferred to and
merged with the Repatriation Loans Program Account, sub-
ject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as authorized
by section 4 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2671): Provided, That such costs, includ-
ing the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out
the direct loan program, $607,000 which may be transferred
to and merged with the Salaries and Expenses account
under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Rela-
tions Act, Public Law 96–8 (93 Stat. 14), $14,490,000.
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PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $129,935,000.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to
meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conven-
tions or specific Acts of Congress, $957,009,000, of which
not to exceed $54,000,000 shall remain available until ex-
pended for payment of arreages owed the United Nations:
Provided, That any payment of arrearages shall be directed
toward special activities that are mutually agreed upon by
the United States and the respective international organiza-
tion: Provided further, That none of the funds appropriated
or otherwise made available by this Act for ‘‘Contributions
to International Organizations’’, including payment of ar-
rearages owed to the United Nations, may be obligated or
expended unless such obligation or expenditure is expressly
authorized by the enactment of the Foreign Affairs Reform
and Restructuring Act of 1997: Provided further, That not-
withstanding section 402 of this Act, not to exceed
$10,000,000 may be transferred from the funds made avail-
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able under this heading to the ‘‘International Conferences
and Contingencies’’ account for assessed contributions to
new or provisional international organizations or for travel
expenses of official delegates to international conferences:
Provided further, That any transfer pursuant to this para-
graph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
For necessary expenses to pay assessed and other ex-
penses of international peacekeeping activities directed to
the maintenance or restoration of international peace and
security $200,320,000, of which not to exceed $46,000,000
shall remain available until expended for payment of ar-
rearages: Provided, That none of the funds appropriated or
otherwise made available by this Act for ‘‘Contributions for
International Peacekeeping Activities’’, including payment
of arrearages, may be obligated or expended unless such ob-
ligation or expenditure is expressly authorized by the enact-
ment of the Foreign Affairs Reform and Restructuring Act
of 1997.
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INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION,
UNITED STATES AND MEXICO
For necessary expenses for the United States Section
of the International Boundary and Water Commission,
United States and Mexico, and to comply with laws appli-
cable to the United States Section, including not to exceed
$10,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$18,200,000.
CONSTRUCTION
For detailed plan preparation and construction of au-
thorized projects, $6,463,000, to remain available until ex-
pended, as authorized by section 24(c) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the
International Joint Commission and the international
Boundary Commission, United States and Canada, as au-
thorized by treaties between the United States and Canada
or Great Britain, and for the Border Environment Coopera-
tion Commission as authorized by Public Law 103–182;
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$5,010,000, of which not to exceed $9,900 shall be available
for representation expenses incurred by the International
Joint Commission: Provided, That of the amount made
available under this heading, not to exceed $40,000 shall
be available only for the Bering Straits Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries com-
missions, not otherwise provided for, $14,549,000: Provided,
That the United States’ share of such expenses may be ad-
vanced to the respective commissions, pursuant to 31 U.S.C.
3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by
section 501 of Public Law 101–246, $5,000,000, to remain
available until expended, as authorized by section 24(c) of
the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)).
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses not otherwise provided for arms
control, nonproliferation, and disarmament activities,
$32,613,000 of which not to exceed $50,000 shall be for offi-
cial reception and representation expenses as authorized by
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the Act of September 26, 1961, as amended (22 U.S.C. 2551
et seq.).
UNITED STATES INFORMATION AGENCY
INTERNATIONAL INFORMATION PROGRAMS
For expenses, not otherwise provided for, necessary to
enable the United States Information Agency, as authorized
by the Mutual Educational and Cultural Exchange Act of
1961, as amended (22 U.S.C. 2451 et seq.), the United
States Information and Educational Exchange Act of 1948,
as amended (22 U.S.C. 1431 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out inter-
national communication, educational and cultural activi-
ties; and to carry out related activities authorized by law,
including employment, without regard to civil service and
classification laws, of persons on a temporary basis (not
to exceed $700,000 of this appropriation), as authorized by
section 801 of such Act of 1948 (22 U.S.C. 1471), and enter-
tainment, including official receptions, within the United
States, not to exceed $25,000 as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1474(3));
$427,097,000: Provided, That not to exceed $1,400,000 may
be used for representation abroad as authorized by section
302 of such Act of 1948 (22 U.S.C. 1452) and section 905
of the Foreign Service Act of 1980 (22 U.S.C. 4085): Pro-
vided further, That not to exceed $6,000,000, to remain
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available until expended, may be credited to this appropria-
tion from fees or other payments received from or in connec-
tion with English teaching, library, motion pictures, and
publication programs as authorized by section 810 of such
Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any
other law, fees from student advising and counseling: Pro-
vided further, That not to exceed $920,000 to remain avail-
able until expended may be used to carry out projects in-
volving security construction and related improvements for
agency facilities not physically located together with De-
partment of State facilities abroad.
TECHNOLOGY FUND
For expenses necessary to enable the United States In-
formation Agency to provide for the procurement of infor-
mation technology improvements, as authorized by the
United States Information and Educational Exchange Act
of 1948, as amended (22 U.S.C. 1431 et seq.), the Mutual
Educational and Cultural Exchange Act of 1961, as amend-
ed (22 U.S.C. 2451 et seq.), and Reorganization Plan No.
2 of 1977 (91 Stat. 1636), $10,000,000, to remain available
until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange pro-
grams, as authorized by the Mutual Educational and Cul-
tural Exchange Act of 1961, as amended (22 U.S.C. 2451
et seq.), and Reorganization Plan No. 2 of 1977 (91 Stat.
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1636), $200,000,000, to remain available until expended as
authorized by section 105 of such Act of 1961 (22 U.S.C.
2455): Provided, That not to exceed $500,000, to remain
available until expended, may be credited to this appropria-
tion from fees or other payments received from or in connec-
tion with English teaching and publication programs as
authorized by section 810 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1475a).
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST
FUND
For necessary expenses of Eisenhower Exchange Fel-
lowships, Incorporated, as authorized by sections 4 and 5
of the Eisenhower Exchange Fellowship Act of 1990 (20
U.S.C. 5204–5205), all interest and earnings accruing to
the Eisenhower Exchange Fellowship Program Trust Fund
on or before September 30, 1998, to remain available until
expended: Provided, That none of the funds appropriated
herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the pay-
ment thereof, in excess of the rate authorized by 5 U.S.C.
5376; or for purposes which are not in accordance with
OMB Circulars A–110 (Uniform Administrative Require-
ments) and A–122 (Cost Principles for Non-profit Organi-
zations), including the restrictions on compensation for per-
sonal services.
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ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452), all interest and earnings accruing to the Is-
raeli Arab Scholarship Fund on or before September 30,
1998, to remain available until expended.
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the United States In-
formation Agency, as authorized by the United States Infor-
mation and Educational Exchange Act of 1948, as amend-
ed, the United States International Broadcasting Act of
1994, as amended, and Reorganization Plan No. 2 of 1977,
to carry out international communication activities;
$339,655,000, of which not to exceed $10,000,000 shall be
available only on a dollar-for-dollar basis when matched
with the proceeds of sales of advertising air time, of which
not to exceed $16,000 may be used for official receptions
within the United States as authorized by section 804(3)
of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed
$35,000 may be used for representation abroad as author-
ized by section 302 of such Act of 1948 (22 U.S.C. 1452)
and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085), and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free
Europe/Radio Liberty; and in addition, not to exceed
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$250,000 from fees as authorized by section 810 of such Act
of 1948 (22 U.S.C. 1475e), to remain available until ex-
pended for carrying out authorized purposes; and in addi-
tion, notwithstanding any other provision of law, not to
exceed $1,000,000 in monies received (including receipts
from advertising, if any) by or for the use of the United
States Information Agency from or in connection with
broadcasting resources owned by or on behalf of the Agency,
to be available until expended for carrying out authorized
purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the United States In-
formation Agency to carry out the Radio Broadcasting to
Cuba Act, as amended, the Television Broadcasting to Cuba
Act, and the International Broadcasting Act of 1994, in-
cluding the purchase, rent, construction, and improvement
of facilities for radio and television transmission and recep-
tion, and purchase and installation of necessary equipment
for radio and television transmission and reception,
$22,095,000, to remain available until expended.
RADIO CONSTRUCTION
For the purchase, rent, construction, and improvement
of facilities for radio transmission and reception, and pur-
chase and installation of necessary equipment for radio and
television transmission and reception as authorized by sec-
tion 801 of the United States Information and Educational
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Exchange Act of 1948 (22 U.S.C. 1471), $32,710,000, to
remain available until expended, as authorized by section
704(a) of such Act of 1948 (22 U.S.C. 1477b(a)).
EAST-WEST CENTER
To enable the Director of the United States Informa-
tion Agency to provide for carrying out the provisions of
the Center for Cultural and Technical Interchange Between
East and West Act of 1960 (22 U.S.C. 2054–2057), by grant
to the Center for Cultural and Technical Interchange Be-
tween East and West in the State of Hawaii, $22,000,000:
Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract pro-
viding for the payment thereof, in excess of the rate author-
ized by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Director of the United States Informa-
tion Agency to provide for carrying out the provisions of
the North/South Center Act of 1991 (22 U.S.C. 2075), by
grant to an educational institution in Florida known as
the North/South Center, $3,000,000, to remain available
until expended.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND
RELATED AGENCIES
SEC. 401. Funds appropriated under this title shall
be available, except as otherwise provided for allowances
and differentials as authorized by subchapter 59 of 5
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U.S.C.; for services as authorized by 5 U.S.C. 3109; and
hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of State in this Act may be transferred between such
appropriations, but no such appropriations, except as oth-
erwise specifically provided shall be increased by more than
10 percent by any such transfers: Provided, That not to ex-
ceed 5 percent of any appropriation made available for the
current fiscal year for the United States Information Agen-
cy in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise spe-
cifically provided shall be increased by more than 10 per-
cent by any such transfers: Provided further, That any
transfer pursuant to this section shall be treated as a re-
programming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
SEC. 403. Funds hereafter appropriated or otherwise
made available under this Act or any other Act may be
expended for compensation of the United States Commis-
sioner of the International Boundary Commission, United
States and Canada, only for actual hours worked by such
Commissioner.
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SEC. 404. Any costs incurred by a Department or
agency funded under this title resulting from personnel ac-
tions taken in response to funding reductions included in
this title shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
SEC. 405. None of the funds appropriated or otherwise
made available by this Act or any other Act for fiscal year
1998 or any fiscal year thereafter may be obligated or ex-
pended to pay for any cost incurred in—
(1) opening or operating any United States dip-
lomatic or consular post in the Socialist Republic of
Vietnam that was not operating on July 11, 1995;
(2) expanding any United States diplomatic or
consular post in the Socialist Republic of Vietnam
that was operating as of July 11, 1995; or
(3) increasing the total number of personnel as-
signed to United States diplomatic or consular posts
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in the Socialist Republic of Vietnam in excess of the
total number of personnel assigned to the posts as of
July 11, 1995, unless the President certifies within 60
days of the beginning of each fiscal year the following:
(A) Based upon a formal assessment of all
information available to the United States Gov-
ernment, the Government of the Socialist Repub-
lic of Vietnam is fully cooperating with the
United States in the following:
(i) Resolving discrepancy cases, live
sightings, and field activities.
(ii) Recovering and repatriating Amer-
ican remains.
(iii) Accelerating efforts to provide doc-
uments that will help lead to fullest possible
accounting of prisoners of war and missing
in action.
(iv) Providing further assistance in
implementing trilateral investigations with
Laos.
(B) The remains, artifacts, eyewitness ac-
counts, archival material, and other evidence as-
sociated with prisoners of war and missing in
action recovered from crash sites, military ac-
tions, and other locations in Southeast Asia are
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being thoroughly analyzed by the appropriate
laboratories with the intent of providing surviv-
ing relatives with scientifically defensible, legal
determinations of death or other accountability
that are fully documented and available in un-
classified and unredacted form to immediate
family members.
SEC. 406. (a)(1) For purposes of implementing the
International Cooperative Administrative Support Services
program in fiscal year 1998, the amounts referred to in
paragraph (2) shall be transferred in accordance with the
provisions of subsection (b).
(2) Paragraph (1) applies to amounts made available
by title IV of this Act under the heading ‘‘ADMINISTRATION
OF FOREIGN AFFAIRS’’ as follows:
(A) $108,932,000 of the amount made available
under the paragraph ‘‘DIPLOMATIC AND CONSULAR
PROGRAMS’’.
(B) $3,530,000 of the amount made available
under the paragraph ‘‘SECURITY AND MAINTENANCE
OF UNITED STATES MISSIONS’’.
(b) Funds transferred pursuant to subsection (a) shall
be transferred to the specified appropriation, allocated to
the specified account or accounts in the specified amount,
be merged with funds in such account or accounts that are
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available for administrative support expenses of overseas
activities, and be available for the same purposes, and sub-
ject to the same terms and conditions, as the funds with
which merged, as follows:
(1) Appropriations for the Legislative Branch—
(A) for the Library of Congress, for salaries
and expenses, $500,000; and
(B) for the General Accounting Office, for
salaries and expenses, $12,000.
(2) Appropriations for the Office of the United
States Trade Representative, for salaries and ex-
penses, $302,000.
(3) Appropriations for the Department of Com-
merce, for the International Trade Administration,
for operations and administration, $7,055,000.
(4) Appropriations for the Department of Jus-
tice—
(A) for legal activities—
(i) for general legal activities, for sala-
ries and expenses, $194,000; and
(ii) for the United States Marshals
Service, for salaries and expenses, $2,000;
(B) for the Federal Bureau of Investigation,
for salaries and expenses, $2,477,000;
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(C) for the Drug Enforcement Administra-
tion, for salaries and expenses, $6,356,000; and
(D) for the Immigration and Naturaliza-
tion 
Service, 
for 
salaries 
and 
expenses,
$1,313,000.
(5) Appropriations for the United States Infor-
mation Agency, for international information pro-
grams, $25,047,000.
(6) Appropriations for the Arms Control and
Disarmament Agency, for arms control and disar-
mament activities, $1,247,000.
(7) Appropriations to the President—
(A) for the Foreign Military Financing
Program, for administrative costs, $6,660,000;
(B) for the Economic Support Fund,
$336,000;
(C) for the Agency for International Devel-
opment—
(i) for operating expenses, $6,008,000;
(ii) for the Urban and Environmental
Credit Program, $54,000;
(iii) for the Development Assistance
Fund, $124,000;
(iv) for the Development Fund for Af-
rica, $526,000;
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(v) for assistance for the new independ-
ent states of the former Soviet Union,
$818,000;
(vi) for assistance for Eastern Europe
and the Baltic States, $283,000; and
(vii) for international disaster assist-
ance, $306,000;
(D) for the Peace Corps, $3,672,000; and
(E) for the Department of State—
(i) for international narcotics control,
$1,117,000; and,
(ii) for migration and refugee assist-
ance, $394,000.
(8) Appropriations for the Department of De-
fense—
(A) for operation and maintenance—
(i) for operation and maintenance,
Army, $4,394,000;
(ii) for operation and maintenance,
Navy, $1,824,000;
(iii) for operation and maintenance,
Air Force, $1,603,000; and
(iv) for operation and maintenance,
Defense-Wide, $21,993,000; and
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(B) for procurement, for other procurement,
Air Force, $4,211,000.
(9) Appropriations for the American Battle
Monuments Commission, for salaries and expenses,
$210,000.
(10) Appropriations for the Department of Agri-
culture—
(A) for the Animal and Plant Health In-
spection Service, for salaries and expenses,
$932,000;
(B) for the Foreign Agricultural Service
and General Sales Manager, $4,521,000; and
(C) for the Agricultural Research Service,
$16,000.
(11) Appropriations for the Department of
Treasury—
(A) for the United States Customs Service,
for salaries and expenses, $2,002,000;
(B) for departmental offices, for salaries
and expenses, $804,000;
(C) for the Internal Revenue Service, for tax
law enforcement, $662,000;
(D) for the Bureau of Alcohol, Tobacco, and
Firearms, for salaries and expenses, $17,000;
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(E) for the United States Secret Service, for
salaries and expenses, $617,000; and
(F) for the Comptroller of the Currency, for
assessment funds, $29,000.
(12) Appropriations for the Department of
Transportation—
(A) for the Federal Aviation Administra-
tion, for operations, $1,594,000; and
(B) for the Coast Guard, for operating ex-
penses, $65,000.
(13) Appropriations for the Department of
Labor, for departmental management, for salaries
and expenses, $58,000.
(14) Appropriations for the Department of
Health and Human Services—
(A) for the National Institutes of Health, for
the National Cancer Institute, $42,000;
(B) for the Office of the Secretary, for gen-
eral departmental management, $71,000; and
(C) for the Centers for Disease Control and
Prevention, for disease control, research, and
training, $522,000.
(15) Appropriations for the Social Security Ad-
ministration, for administrative expenses, $370,000.
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(16) Appropriations for the Department of the
Interior—
(A) for the United States Fish and Wildlife
Service, for resource management, $12,000;
(B) for the United States Geological Survey,
for 
surveys, 
investigations, 
and 
research,
$80,000; and
(C) for the Bureau of Reclamation, for
water and related resources, $101,000.
(17) Appropriations for the Department of Veter-
ans Affairs, for departmental administration, for gen-
eral operating expenses, $453,000.
(18) Appropriations for the National Aero-
nautics and Space Administration, for mission sup-
port, $183,000.
(19) Appropriations for the National Science
Foundation, for research and related activities,
$39,000.
(20) Appropriations for the Federal Emergency
Management Agency, for salaries and expenses,
$4,000.
(21) Appropriations for the Department of En-
ergy—
(A) 
for 
departmental 
administration,
$150,000; and
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(B) for atomic energy defense activities, for
other defense activities, $54,000.
(22) Appropriations for the Nuclear Regulatory
Commission, for salaries and expenses, $26,000.
SEC. 407. NATIONAL ENDOWMENT FOR DEMOCRACY.—
For grants made by the United States Information Agency
to the National Endowment for Democracy as authorized
by 
the 
National 
Endowment 
for 
Democracy 
Act,
$30,000,000, to remain available until expended. The lan-
guage on page 115, line 20 to wit, ‘‘$105,000,000’’ is
deemed to be ‘‘$75,000,000’’. This shall become effective one
day after enactment of this Act.
SEC. 408. SENSE OF THE SENATE REGARDING THE
EXEMPLARY SERVICE OF JOHN H.R. BERG TO THE UNITED
STATES. (a) FINDINGS.—
(1) John H.R. Berg began his service to the
United States Government working for the United
States Army at the age of fifteen after fleeing Nazi
persecution in Germany where his father died in the
Auschwitz concentration camp; and
(2) John H.R. Berg’s dedication to the United
States Government was further exhibited by his desire
to become a United States citizen, a goal that was
achieved in 1981, 35 years after he began his com-
mendable service to the United States; and