H. R. 2267—81
SEC. 621. (a) None of the funds appropriated or otherwise
made available in this Act shall be used to issue visas to any
person who—
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political killings
of Antoine Izmery, Guy Malary, Father Jean-Marie Vincent,
Pastor Antoine Leroy, Jacques Fleurival, Mireille Durocher
Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario
Beaubrun, Leslie Grimar, Joseph Chilove, Michel Gonzalez,
and Jean-Hubert Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted
upon by President Rene Preval;
(3) was sought for an interview by the Federal Bureau
of Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau,
Jr., and was credibly alleged to have ordered, carried out,
or materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during
the period 1991 through 1994, and has been credibly alleged
to have planned, ordered, or participated with members of
the Haitian Armed Forces in—
(A) the September 1991 coup against any person who
was a duly elected government official of Haiti (or a mem-
ber of the family of such official), or
(B) the murders of thousands of Haitians during the
period 1991 through 1994; or
(5) has been credibly alleged to have been a member of
the paramilitary organization known as FRAPH who planned,
ordered, or participated in acts of violence against the Haitian
people.
(b) EXEMPTION.—Subsection (a) shall not apply if the Secretary
of State finds, on a case-by-case basis, that the entry into the
United States of a person who would otherwise be excluded under
this section is necessary for medical reasons or such person has
cooperated fully with the investigation of these political murders.
If the Secretary of State exempts any such person, the Secretary
shall notify the appropriate congressional committees in writing.
(c) REPORTING REQUIREMENT.—(1) The United States chief of
mission in Haiti shall provide the Secretary of State a list of
those who have been credibly alleged to have ordered or carried
out the extrajudicial and political killings mentioned in paragraph
(1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later
than 3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the
Attorney General shall submit to the appropriate congressional
committees a list of aliens refused entry to the United States
as a result of this provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment
H. R. 2267—82
of this Act and not later than March 1 of each year thereafter
as long as the Government of Haiti has not completed the investiga-
tion of the extrajudicial and political killings and has not prosecuted
those implicated for the killings specified in paragraph (1) of sub-
section (a).
(d) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on International Relations
and the Committee on Appropriations of the House of Representa-
tives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.
SEC. 622. Section 3006 of the Balanced Budget Act of 1997
(Public Law 105–33; 111 Stat. 251, 269) is hereby repealed. This
section shall be deemed a section of the Balanced Budget Act
of 1997 for the purposes of section 10213 of that Act (111 Stat.
712), and shall be scored pursuant to paragraph (2) of such section.
SEC. 623. REPORT ON UNIVERSAL SERVICE UNDER THE TELE-
COMMUNICATIONS ACT OF 1996.—(a) The Federal Communications
Commission shall undertake a review of the implementation by
the Commission of the provisions of the Telecommunications Act
of 1996 (Public Law 104–104) relating to universal service. Such
review shall be completed and submitted to the Congress no later
than April 10, 1998.
(b) The report required under subsection (a) shall provide a
detailed description of the extent to which the Commission
interpretations reviewed under paragraphs (1) through (5) are
consistent with the plain language of the Communications Act
of 1934 (47 U.S.C. 151 et seq.), as amended by the Telecommuni-
cations Act of 1996, and shall include a review of—
(1) the definitions of ‘‘information service’’, ‘‘local exchange
carrier’’, ‘‘telecommunications’’, ‘‘telecommunications service’’,
‘‘telecommunications carrier’’, and ‘‘telephone exchange service’’
that were added to section 3 of the Communications Act of
1934 (47 U.S.C. 153) by the Telecommunications Act of 1996
and the impact of the Commission’s interpretation of those
definitions on the current and future provision of universal
service to consumers in all areas of the Nation, including high
cost and rural areas;
(2) the application of those definitions to mixed or hybrid
services and the impact of such application on universal service
definitions and support, and the consistency of the Commis-
sion’s application of those definitions, including with respect
to Internet access under section 254(h) of the Communications
Act of 1934 (47 U.S.C. 254(h));
(3) who is required to contribute to universal service under
section 254(d) of the Communications Act of 1934 (47 U.S.C.
254(d)) and related existing Federal universal service support
mechanisms, and of any exemption of providers or exclusion
of any service that includes telecommunications from such
requirement or support mechanisms;
(4) who is eligible under sections 254(e), 254(h)(1), and
254(h)(2) of the Communications Act of 1934 (47 U.S.C. 254(e),
254(h)(1), and 254(h)(2)) to receive specific Federal universal
service support for the provision of universal service, and the
consistency with which the Commission has interpreted each
of those provisions of section 254; and
H. R. 2267—83
(5) the Commission’s decisions regarding the percentage
of universal service support provided by Federal mechanisms
and the revenue base from which such support is derived.
SEC. 624. Section 6(d)(1) of the National Foundation on the
Arts and the Humanities Act of 1965 (20 U.S.C. 955(d)(1)) is
amended by striking the word ‘‘fourteen’’ and inserting in lieu
thereof ‘‘eight’’.
SEC. 625. (a) Section 814(g)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 2291
note) is amended by striking ‘‘$325,000’’ and inserting ‘‘$370,000’’.
(b) Section 814(i) of such section is amended by striking
‘‘September 30, 1997’’ and inserting ‘‘September 30, 1999’’.
SEC. 626. (a) IN GENERAL.—Notwithstanding any provision of
the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.), the Administrator of General Services shall
convey, to any person that acquires an interest in the Naval Petro-
leum Reserve Numbered 1 (Elk Hills) under subtitle B of title
XXXIV of the National Defense Authorization Act for Fiscal Year
1996 (110 Stat. 631), not to exceed 318 motor vehicles that are
leased for use at that reserve on November 6, 1997.
(b) PROCEDURES AND REQUIREMENTS.—Any conveyance of motor
vehicles under this section shall be made—
(1) after payment to the United States of consideration
equal to the fair market value of the motor vehicles; and
(2) under procedures, terms, and conditions that shall be
established by negotiation between the Administrator of Gen-
eral Services and the person to whom the motor vehicles are
conveyed.
(c) TREATMENT OF PROCEEDS.—Amounts received by the United
States as consideration for motor vehicles conveyed under this
section shall be retained in the General Supply Fund and available
in the same manner as are increments for estimated replacement
cost of motor vehicles under section 211(d)(2) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 491(d)(2)).
SEC. 627. Section 19(a) of the Indian Gaming Regulatory Act
(25 U.S.C. 2718(a)) is amended to read as follows:
‘‘(a) Subject to section 18, there are authorized to be appro-
priated, for fiscal year 1998, and for each fiscal year thereafter,
an amount equal to the amount of funds derived from the assess-
ments authorized by section 18(a).’’.
SEC. 628. Notwithstanding the failure of Clarence P. Stewart
of Broadway, North Carolina, to file a timely appeal of his wrongful
dismissal, during a reduction in force, from the Department of
Agriculture as a State Executive Director for the former Agricultural
Stabilization and Conservation Service of the Department, the Sec-
retary of Agriculture shall cause Clarence P. Stewart to be afforded
relief that is fully commensurate with the relief afforded the simi-
larly dismissed appellants in the case before the Merit Systems
Protection Board styled Blalock v. Department of Agriculture, 28
M.S.P.R. 17 (1985).
SEC. 629. Funds made available under Public Law 103–112
for the purposes of section 2007 of the Social Security Act shall
be considered ‘‘qualified nonprivate funds’’ for the purposes of sec-
tion 103(13)(B) of the Small Business Investment Act of 1958 (15
U.S.C. 662(13)(B)); provided such funds were invested on or before
July 1, 1995 in a licensee that was licensed prior to July 1, 1990
H. R. 2267—84
under section 301 of the Small Business Investment Act of 1958
(15 U.S.C. 681).
SEC. 630. Section 332 of the Act making appropriations for
the Department of the Interior and related agencies for the fiscal
year ending September 30, 1998, and for other purposes, H.R.
2107 (105th Congress, 1st Session), is amended as follows—
(1) after ‘‘October 1, 1997’’ strike ‘‘, or’’ and insert in lieu
thereof ‘‘; those national forests’’; and
(2) after ‘‘court-ordered to revise’’ strike ‘‘,’’ and insert in
lieu thereof ‘‘; and the White Mountain National Forest’’.
SEC. 631. Section 512(b) of Public Law 105–61 is amended
by adding before the period: ‘‘unless the President announced his
intent to nominate the individual prior to November 30, 1997’’.
SEC. 632. (a) IN GENERAL.—The Secretary of Energy shall—
(1) convey, without consideration, to the Incorporated
County of Los Alamos, New Mexico (in this section referred
to as the ‘‘County’’), or to the designee of the County, fee
title to the parcels of land that are allocated for conveyance
to the County in the agreement under subsection (e); and
(2) transfer to the Secretary of the Interior, in trust for
the Pueblo of San Ildefonso (in this section referred to as
the ‘‘Pueblo’’), administrative jurisdiction over the parcels that
are allocated for transfer to the Secretary of the Interior in
such agreement.
(b) PRELIMINARY IDENTIFICATION
OF PARCELS
OF LAND
FOR
CONVEYANCE OR TRANSFER.—(1) Not later than 90 days after the
date of enactment of this Act, the Secretary of Energy shall submit
to the congressional defense committees a report identifying the
parcels of land under the jurisdiction or administrative control
of the Secretary at or in the vicinity of Los Alamos National Labora-
tory that are suitable for conveyance or transfer under this section.
(2) A parcel is suitable for conveyance or transfer for purposes
of paragraph (1) if the parcel—
(A) is not required to meet the national security mission
of the Department of Energy or will not be required for that
purpose before the end of the 10-year period beginning on
the date of enactment of this Act;
(B) is likely to be conveyable or transferable, as the case
may be, under this section not later than the end of such
period; and
(C) is suitable for use for a purpose specified in sub-
section (h).
(c) REVIEW OF TITLE.—(1) Not later than one year after the
date of enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the results
of a title search on each parcel of land identified as suitable for
conveyance or transfer under subsection (b), including an analysis
of any claims against or other impairments to the fee title to
each such parcel.
(2) In the period beginning on the date of the completion
of the title search with respect to a parcel under paragraph (1)
and ending on the date of the submittal of the report under that
paragraph, the Secretary shall take appropriate actions to resolve
the claims against or other impairments, if any, to fee title that
are identified with respect to the parcel in the title search.
H. R. 2267—85
(d) ENVIRONMENTAL
RESTORATION.—(1) Not later than 21
months after the date of enactment of this Act, the Secretary
shall—
(A) identify the environmental restoration or remediation,
if any, that is required with respect to each parcel of land
identified under subsection (b) to which the United States has
fee title;
(B) carry out any review of the environmental impact of
the conveyance or transfer of each such parcel that is required
under the provisions of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(C) submit to Congress a report setting forth the results
of the activities under subparagraphs (A) and (B).
(2) If the Secretary determines under paragraph (1) that a
parcel described in paragraph (1)(A) requires environmental restora-
tion or remediation, the Secretary shall, to the maximum extent
practicable, complete the environmental restoration or remediation
of the parcel not later than 10 years after the date of enactment
of this Act.
(e) AGREEMENT FOR ALLOCATION OF PARCELS.—As soon as prac-
ticable after completing the review of titles to parcels of land
under subsection (c), but not later than 90 days after the submittal
of the report under subsection (d)(1)(C), the County and the Pueblo
shall submit to the Secretary an agreement between the County
and the Pueblo which allocates between the County and the Pueblo
the parcels identified for conveyance or transfer under subsection
(b).
(f ) PLAN FOR CONVEYANCE AND TRANSFER.—(1) Not later than
90 days after the date of the submittal to the Secretary of Energy
of the agreement under subsection (e), the Secretary shall submit
to the congressional defense committees a plan for conveying or
transferring parcels of land under this section in accordance with
the allocation specified in the agreement.
(2) The plan under paragraph (1) shall provide for the comple-
tion of the conveyance or transfer of parcels under this section
not later than 9 months after the date of the submittal of the
plan under that paragraph.
(g) CONVEYANCE OR TRANSFER.—(1) Subject to paragraphs (2)
and (3), the Secretary shall convey or transfer parcels of land
in accordance with the allocation specified in the agreement submit-
ted to the Secretary under subsection (e).
(2) In the case of a parcel allocated under the agreement
that is not available for conveyance or transfer in accordance with
the requirement in subsection (f )(2) by reason of its requirement
to meet the national security mission of the Department, the Sec-
retary shall convey or transfer the parcel, as the case may be,
when the parcel is no longer required for that purpose.
(3)(A) In the case of a parcel allocated under the agreement
that is not available for conveyance or transfer in accordance with
such requirement by reason of requirements for environmental res-
toration or remediation, the Secretary shall convey or transfer
the parcel, as the case may be, upon the completion of the environ-
mental restoration or remediation that is required with respect
to the parcel.
(B) If the Secretary determines that environmental restoration
or remediation cannot reasonably be expected to be completed with
respect to a parcel by the end of the 10-year period beginning
H. R. 2267—86
on the date of enactment of this Act, the Secretary shall not convey
or transfer the parcel under this section.
(h) USE OF CONVEYED OR TRANSFERRED LAND.—The parcels
of land conveyed or transferred under this section shall be used
for historic, cultural, or environmental preservation purposes,
economic diversification purposes, or community self-sufficiency pur-
poses.
(i) TREATMENT OF CONVEYANCES AND TRANSFERS.—(1) The pur-
pose of the conveyances and transfers under this section is to
fulfill the obligations of the United States with respect to Los
Alamos National Laboratory, New Mexico, under sections 91 and
94 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391,
2394).
(2) Upon the completion of the conveyance or transfer of the
parcels of land available for conveyance or transfer under this
section, the Secretary shall make no further payments with respect
to Los Alamos National Laboratory under section 91 or section
94 of the Atomic Energy Community Act of 1955.
( j) REPEAL OF SUPERSEDED PROVISION.—In the event of the
enactment of the National Defense Authorization Act for Fiscal
Year 1998 by reason of the approval of the President of the
conference report to accompany the bill (H.R. 1119) of the 105th
Congress, section 3165 of such Act is repealed.
SEC. 633. Effective only for losses beginning March 1, 1997
through the date of enactment of this Act, the Secretary of Agri-
culture may use up to $6,000,000 from proceeds earned from the
sale of grain in the disaster reserve established in the Agricultural
Act of 1970 to implement a livestock indemnity program for losses
from natural disasters pursuant to a Presidential or Secretarial
declaration requested subsequent to enactment of Public Law 105–
18 and prior to December 1, 1997, in a manner similar to cata-
strophic loss coverage available for other commodities under 7
U.S.C. 1508(b): Provided, That in administering a program
described in the preceding sentence, the Secretary shall, to the
extent practicable, utilize gross income and payment limitations
conditions established for the Disaster Reserve Assistance Program
for the 1996 crop year: Provided further, That the entire amount
shall be available only to the extent an official budget request,
that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted
by the President to the Congress: Provided further, That the entire
amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
SEC. 634. During fiscal year 1998, from funds available to
the Department of Defense, up to $800,000 is available to the
Department of Defense to compensate persons who have suffered
documented commercial loss of cranberry crops in 1997 in the
Mashpee or Falmouth bogs, located on the Quashnet and
Coonamessett Rivers, respectively, as a result of the presence of
ethylene dibromide (EDB) in or on cranberries from either of the
plumes of EDB-contaminated groundwater known as ‘‘FS–28’’ and
‘‘FS–1’’ adjacent to the Massachusetts Military Reservation, Cape
Cod, Massachusetts.
H. R. 2267—87
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this heading on
September 30, 1997, $100,000,000 are rescinded.
TITLE VIII—EMERGENCY SUPPLEMENTAL
APPROPRIATIONS
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research, and
Facilities’’, for emergency expenses to provide disaster assistance
pursuant to section 312(a) of the Magnuson-Stevens Fishery Con-
servation and Management Act for the Bristol Bay and Kuskokwim
areas of Alaska, $7,000,000 to remain available until expended:
Provided, That the entire amount is designated by Congress as
an emergency requirement pursuant to section 251(b)(2)(D)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall be
available only to the extent that the Secretary of Commerce trans-
mits a determination that there is a commercial fishery failure.
This Act may be cited as the ‘‘Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1998’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.