H. R. 2267—19
(A) adding ‘‘, and amount described in section
245(i)(3)(b)’’ after ‘‘recovered by the Department of Justice’’
in paragraph (2);
(B) replacing ‘‘Immigration and Naturalization Service’’
with ‘‘Attorney General’’ in paragraph (3); and
(C) striking paragraph (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 accord-
ance with the reprogramming guidelines for the applicable
fiscal year.’’; and
(3) in section 245(i)(3)(B), by replacing ‘‘Immigration Deten-
tion Account established under section 286(s)’’ with ‘‘Breached
Bond/Detention Fund established under section 286(r)’’.
SEC. 111. (a) LIMITATION
ON ELIGIBILITY UNDER SECTION
245(i).—Section 245(i)(1) of the Immigration and Nationality Act
(8 U.S.C. 1255(i)(1)) is amended by striking ‘‘(i)(1)’’ through ‘‘The
Attorney General’’ and inserting the following:
‘‘(i)(1) Notwithstanding the provisions of subsections (a) and
(c) of this section, an alien physically present in the United States—
‘‘(A) who—
‘‘(i) entered the United States without inspection; or
‘‘(ii) is within one of the classes enumerated in
subsection (c) of this section; and
‘‘(B) who is the beneficiary (including a spouse or child
of the principal alien, if eligible to receive a visa under section
203(d)) of—
‘‘(i) a petition for classification under section 204 that
was filed with the Attorney General on or before January
14, 1998; or
‘‘(ii) an application for a labor certification under sec-
tion 212(a)(5)(A) that was filed pursuant to the regulations
of the Secretary of Labor on or before such date;
may apply to the Attorney General for the adjustment of his or
her status to that of an alien lawfully admitted for permanent
residence. The Attorney General’’.
(b) REPEAL
OF SUNSET
FOR SECTION 245(i).—Section 506(c)
of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1995 (Public Law 103–
317; 108 Stat. 1766) is amended to read as follows:
‘‘(c) The amendment made by subsection (a) shall take effect
on October 1, 1994, and shall cease to have effect on October
1, 1997. The amendment made by subsection (b) shall take effect
on October 1, 1994.’’.
(c) INAPPLICABILITY OF CERTAIN PROVISIONS OF SECTION 245(c)
FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS.—Section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255) is amended—
(1) in subsection (c)(2), by inserting ‘‘subject to subsection
(k),’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(k) An alien who is eligible to receive an immigrant visa
under paragraph (1), (2), or (3) of section 203(b) (or, in the case
of an alien who is an immigrant described in section 101(a)(27)(C),
H. R. 2267—20
under section 203(b)(4)) may adjust status pursuant to subsection
(a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if—
‘‘(1) the alien, on the date of filing an application for adjust-
ment of status, is present in the United States pursuant to
a lawful admission;
‘‘(2) the alien, subsequent to such lawful admission has
not, for an aggregate period exceeding 180 days—
‘‘(A) failed to maintain, continuously, a lawful status;
‘‘(B) engaged in unauthorized employment; or
‘‘(C) otherwise violated the terms and conditions of
the alien’s admission.’’.
SEC. 112. (a) SHORT TITLE.—This section may be cited as the
‘‘Philippine Army, Scouts, and Guerilla Veterans of World War
II Naturalization Act of 1997’’.
(b) IN GENERAL.—Section 405 of the Immigration and National-
ity Act of 1990 (8 U.S.C. 1440 note) is amended—
(1) by striking subparagraph (B) of subsection (a)(1) and
inserting the following:
‘‘(B) who—
‘‘(i) is listed on the final roster prepared 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 prepared by the
Guerilla Affairs Division of the United States Army
of those who received recognition as having served
honorably in an active duty status within a recognized
guerilla unit during the World War II occupation and
liberation of the Philippines, 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 than a component described in clause
(i) or (ii)) at any time during the period beginning
September 1, 1939, and ending December 31, 1946:’’;
(2) by adding at the end of subsection (a) the following
new paragraph:
‘‘(3)(A) For purposes of the second sentence of section 329(a)
and section 329(b)(3) of the Immigration 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
‘‘(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
during the period beginning September 1, 1939, and ending
December 31, 1946, the United States executive depart-
ment (or successor thereto) that exercised supervision over
such component.
H. R. 2267—21
‘‘(B) An executive department specified in subparagraph
(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 described in paragraph (1) except pursuant
to a request from the Service.’’; and
(3) by adding at the end the following new subsection:
‘‘(d) IMPLEMENTATION.—(1) Notwithstanding any other provi-
sion of law, for purposes of the naturalization of natives of the
Philippines under this section—
‘‘(A) the processing of applications for naturalization, 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 naturalization
under this section shall be administered in the Philippines
by employees of the Service designated pursuant to section
335(b) of that Act.
‘‘(2) Notwithstanding paragraph (1), applications for naturaliza-
tion, including necessary interviews, may continue to be processed,
and oaths of allegiance may continue to be taken in the United
States.’’.
(c) REPEAL.—Section 113 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1993 (8 U.S.C. 1440 note), is repealed.
(d) EFFECTIVE DATE; TERMINATION DATE.—
(1) APPLICATION TO PENDING APPLICATIONS.—The amend-
ments made by subsection (b) shall apply to applications filed
before February 3, 1995.
(2) TERMINATION
DATE.—The authority provided by the
amendments made by subsection (b) shall expire February 3,
2001.
SEC. 113. Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as
follows:
‘‘(J) an immigrant who is present in the United
States—
‘‘(i) who has been declared dependent on a juvenile
court located in the United States or whom such a
court has legally committed to, or placed under the
custody of, an agency or department of a State and
who has been deemed eligible by that court for long-
term foster care due to abuse, neglect, or abandonment;
‘‘(ii) for whom it has been determined in adminis-
trative or judicial proceedings that it would not be
in the alien’s best interest to be returned to the alien’s
or parent’s previous country of nationality or country
of last habitual residence; and
‘‘(iii) in whose case the Attorney General expressly
consents to the dependency order serving as a pre-
condition to the grant of special immigrant juvenile
status; except that—
‘‘(I) no juvenile court has jurisdiction to deter-
mine the custody status or placement of an alien
in the actual or constructive custody of the Attor-
ney General unless the Attorney General specifi-
cally consents to such jurisdiction; and
H. R. 2267—22
‘‘(II) no natural parent or prior adoptive parent
of any alien provided special immigrant status
under this subparagraph shall thereafter, by virtue
of such parentage, be accorded any right, privilege,
or status under this Act; or’’.
SEC. 114. Not to exceed $200,000 of funds appropriated under
section 1304 of title 31, United States Code, shall be available
for payment pursuant to the Hearing Officer’s Report in United
States Court of Federal Claims No. 93–645X (June 3, 1996) (see
35 Fed. Cl. 99 (March 7, 1996)).
SEC. 115. (a) STANDARDS FOR SEX OFFENDER REGISTRATION
PROGRAMS.—
(1) IN GENERAL.—Section 170101(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a))
is amended—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘with a
designated State law enforcement agency’’; and
(ii) in subparagraph (B), by striking ‘‘with a
designated State law enforcement agency’’;
(B) by striking paragraph (2) and inserting the
following:
‘‘(2) DETERMINATION
OF
SEXUALLY
VIOLENT
PREDATOR
STATUS; WAIVER; ALTERNATIVE MEASURES.—
‘‘(A) IN GENERAL.—A determination of whether a person
is a sexually violent predator for purposes of this section
shall be made by a court after considering the recommenda-
tion of a board composed of experts in the behavior and
treatment of sex offenders, victims’ rights advocates, and
representatives of law enforcement agencies.
‘‘(B) WAIVER.—The Attorney General may waive the
requirements of subparagraph (A) if the Attorney General
determines that the State has established alternative proce-
dures or legal standards for designating a person as a
sexually violent predator.
‘‘(C) ALTERNATIVE MEASURES.—The Attorney General
may also approve alternative measures of comparable or
greater effectiveness in protecting the public from
unusually dangerous or recidivistic sexual offenders in lieu
of the specific measures set forth in this section regarding
sexually violent predators.’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘that consists
of—’’ and inserting ‘‘in a range of offenses specified
by State law which is comparable to or which exceeds
the following range of offenses:’’;
(ii) in subparagraph (B), by striking ‘‘that consists
of ’’ and inserting ‘‘in a range of offenses specified by
State law which is comparable to or which exceeds
the range of offenses encompassed by’’; and
(D) by adding at the end the following:
‘‘(F) The term ‘employed, carries on a vocation’ includes
employment that is full-time or part-time for a period of
time exceeding 14 days or for an aggregate period of time
exceeding 30 days during any calendar year, whether finan-
cially compensated, volunteered, or for the purpose of
government or educational benefit.
H. R. 2267—23
‘‘(G) The term ‘student’ means a person who is enrolled
on a full-time or part-time basis, in any public or private
educational institution, including any secondary school,
trade, or professional institution, or institution of higher
education.’’.
(2) REQUIREMENTS
UPON
RELEASE, PAROLE, SUPERVISED
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—
(A) in paragraph (1)—
(i) by striking the paragraph designation and
heading and inserting the following:
‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’;
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘or in the case of probation, the court’’
and inserting ‘‘the court, or another responsible
officer or official’’;
(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 requirement in the new State of resi-
dence, and inform the person that the person must
also register in a State where the person is
employed, carries on a vocation, or is a student’’;
and
(iii) in subparagraph (B), by striking ‘‘or the court’’
and inserting ‘‘, the court, or another responsible officer
or official’’;
(B) by striking paragraph (2) and inserting the
following:
‘‘(2) TRANSFER OF INFORMATION TO STATE AND FBI; PARTICI-
PATION IN NATIONAL SEX OFFENDER REGISTRY.—
‘‘(A) STATE REPORTING.—State procedures shall ensure
that the registration information is promptly made avail-
able to a law enforcement agency having jurisdiction where
the person expects to reside and entered into the appro-
priate State records or data system. State procedures shall
also ensure that conviction data and fingerprints for per-
sons required to register are promptly transmitted to the
Federal Bureau of Investigation.
‘‘(B) NATIONAL REPORTING.—A State shall participate
in the national database established under section
170102(b) in accordance with guidelines issued by the
Attorney General, including transmission of current
address information and other information on registrants
to the extent provided by the guidelines.’’;
(C) in paragraph (3)(A)—
(i) in the matter preceding clause (i), by striking
‘‘on each’’ and all that follows through ‘‘applies:’’ and
inserting the following: ‘‘State procedures shall provide
for verification of address at least annually.’’; and
H. R. 2267—24
(ii) by striking clauses (i) through (v);
(D) in paragraph (4), by striking ‘‘section reported’’
and all that follows before the period at the end and insert-
ing the following: ‘‘section shall be reported by the person
in the manner provided by State law. State procedures
shall ensure that the updated address information is
promptly made available to a law enforcement agency hav-
ing jurisdiction where the person will reside and entered
into the appropriate State records or data system’’;
(E) 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 report the change
of address to the responsible agency in the State the person
is leaving, and shall comply with any registration require-
ment in the new State of residence. The procedures of
the State the person is leaving shall ensure that notice
is provided promptly to an agency responsible for registra-
tion in the new State, if that State requires registration’’;
and
(F) by adding at the end the following:
‘‘(7) REGISTRATION OF OUT-OF-STATE OFFENDERS, FEDERAL
OFFENDERS, PERSONS
SENTENCED
BY
COURTS
MARTIAL, AND
OFFENDERS CROSSING STATE BORDERS.—As provided in guide-
lines issued by the Attorney General, each State shall include
in its registration program residents who were convicted in
another State and shall ensure that procedures are in place
to accept registration information from—
‘‘(A) residents who were convicted in another State,
convicted of a Federal offense, or sentenced by a court
martial; and
‘‘(B) nonresident offenders who have crossed into
another State in order to work or attend school.’’.
(3) REGISTRATION OF OFFENDER CROSSING STATE BORDER.—
Section 170101 of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14071) is amended by redesignating
subsections (c) through (f ) as (d) through (g), respectively,
and inserting after subsection (b) the following:
‘‘(c) REGISTRATION OF OFFENDER CROSSING STATE BORDER.—
Any person who is required under this section to register in the
State in which such person resides shall also register in any State
in which the person is employed, carries on a vocation, or is a
student.’’.
(4) RELEASE OF INFORMATION.—Section 170101(e)(2) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(e)(2)), as redesignated by subsection (c) of this
section, is amended by striking ‘‘The designated’’ and all that
follows through ‘‘State agency’’ and inserting ‘‘The State or
any agency authorized by the State’’.
(5) IMMUNITY FOR GOOD FAITH CONDUCT.—Section 170101(f )
of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071(f )), as redesignated by subsection (c)
of this section, is amended by striking ‘‘, and State officials’’
and inserting ‘‘and independent contractors acting at the direc-
tion of such agencies, and State officials’’.
(6) FBI REGISTRATION.—(A) Section 170102(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14072(a)(2)) is amended by striking ‘‘and ‘predatory’ ’’
H. R. 2267—25
and inserting the following: ‘‘ ‘predatory’, ‘employed, or carries
on a vocation’, and ‘student’ ’’.
(B) Section 170102(a)(3) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14072(a)(3)) is
amended—
(i) in subparagraph (A), by inserting ‘‘in a range of
offenses specified by State law which is comparable to
or exceeds that’’ before ‘‘described’’;
(ii) by amending subparagraph (B) to read as follows:
‘‘(B) participates in the national database established
under subsection (b) of this section in conformity with
guidelines issued by the Attorney General;’’; and
(iii) by amending subparagraph (C) to read as follows:
‘‘(C) provides for verification of address at least
annually;’’.
(C) Section 170102(i) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14072(i)) in the matter
preceding paragraph (1), is amended by inserting ‘‘or pursuant
to section 170101(b)(7)’’ after ‘‘subsection (g)’’.
(7) PAM LYCHNER SEXUAL OFFENDER TRACKING AND IDENTI-
FICATION ACT OF 1996.—Section 10 of the Pam Lychner Sexual
Offender Tracking and Identification Act of 1996 is amended
by inserting at the end the following:
‘‘(d) EFFECTIVE DATE.—States shall be allowed the time speci-
fied in subsection (b) to establish minimally sufficient sexual
offender registration programs for purposes of the amendments
made by section 2. Subsections (c) and (k) of section 170102 of
the Violent Crime Control and Law Enforcement Act of 1994, and
any requirement to issue related regulations, shall take effect at
the conclusion of the time provided under this subsection for the
establishment of minimally sufficient sexual offender registration
programs.’’.
(8) FEDERAL
OFFENDERS
AND
MILITARY
PERSONNEL.—(A)
Section 4042 of title 18, United States Code, is amended—
(i) in subsection (a)(5), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsections (b) and (c)’’;
(ii) in subsection (b), by striking paragraph (4);
(iii) by redesignating subsection (c) as subsection
(d); and
(iv) by inserting after subsection (b) the following:
‘‘(c) NOTICE OF SEX OFFENDER RELEASE.—(1) In the case of
a person described in paragraph (4) who is released from prison
or sentenced to probation, notice shall be provided to—
‘‘(A) the chief law enforcement officer of the State and
of the local jurisdiction in which the person will reside; and
‘‘(B) a State or local agency responsible for the receipt
or maintenance of sex offender registration information in the
State or local jurisdiction in which the person will reside.
The notice requirements under this subsection do not apply in
relation to a person being protected under chapter 224.
‘‘(2) Notice provided under paragraph (1) shall include the
information described in subsection (b)(2), the place where the
person will reside, and the information that the person shall be
subject to a registration requirement as a sex offender. For a
person who is released from the custody of the Bureau of Prisons
whose expected place of residence following release is known to
the Bureau of Prisons, notice shall be provided at least 5 days
H. R. 2267—26
prior to release by the Director of the Bureau of Prisons. For
a person who is sentenced to probation, notice shall be provided
promptly by the probation officer responsible for the supervision
of the person, or in a manner specified by the Director of the
Administrative Office of the United States Courts. Notice concerning
a subsequent change of residence by a person described in para-
graph (4) during any period of probation, supervised release, or
parole shall also be provided to the agencies and officers specified
in paragraph (1) by the probation officer responsible for the super-
vision of the person, or in a manner specified by the Director
of the Administrative Office of the United States Courts.
‘‘(3) The Director of the Bureau of Prisons shall inform a
person described in paragraph (4) who is released from prison
that the person shall be subject to a registration requirement as
a sex offender in any State in which the person resides, is employed,
carries on a vocation, or is a student (as such terms are defined
for purposes of section 170101(a)(3) of the Violent Crime Control
and Law Enforcement Act of 1994), and the same information
shall be provided to a person described in paragraph (4) who is
sentenced to probation by the probation officer responsible for super-
vision of the person or in a manner specified by the Director
of the Administrative Office of the United States Courts.
‘‘(4) A person is described in this paragraph if the person
was convicted of any of the following offenses (including such an
offense prosecuted pursuant to section 1152 or 1153):
‘‘(A) An offense under section 1201 involving a minor victim.
‘‘(B) An offense under chapter 109A.
‘‘(C) An offense under chapter 110.
‘‘(D) An offense under chapter 117.
‘‘(E) Any other offense designated by the Attorney General
as a sexual offense for purposes of this subsection.
‘‘(5) The United States and its agencies, officers, and employees
shall be immune from liability based on good faith conduct in
carrying out this subsection and subsection (b).’’.
(B)(i) Section 3563(a) of title 18, United States Code, is
amended by striking the matter at the end of paragraph (7)
beginning with ‘‘The results of a drug test’’ and all that follows
through the end of such paragraph and inserting that matter
at the end of section 3563.
(ii) The matter inserted by subparagraph (A) at the end
of section 3563 is amended—
(I) by striking ‘‘The results of a drug test’’ and inserting
the following:
‘‘(e) RESULTS
OF
DRUG
TESTING.—The results of a drug
test’’; and
(II) by striking ‘‘paragraph (4)’’ each place it appears
and inserting ‘‘subsection (a)(5)’’.
(iii) Section 3563(a) of title 18, United States Code, is
amended—
(I) so that paragraphs (6) and (7) appear in numerical
order immediately after paragraph (5);
(II) by striking ‘‘and’’ at the end of paragraph (6);
(III) in paragraph (7), by striking ‘‘assessments.’’ and
inserting ‘‘assessments; and’’; and
(IV) by inserting immediately after paragraph (7) (as
moved by clause (i)) the following new paragraph:
H. R. 2267—27
‘‘(8) for a person described in section 4042(c)(4), that the
person report the address where the person will reside and
any subsequent change of residence to the probation officer
responsible for supervision, and that the person register in
any State where the person resides, is employed, carries on
a vocation, or is a student (as such terms are defined under
section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).’’.
(iv) Section 3583(d) of title 18, United States Code, is
amended by inserting after the second sentence the following:
‘‘The court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4), that the
person report the address where the person will reside and
any subsequent change of residence to the probation officer
responsible for supervision, and that the person register in
any State where the person resides, is employed, carries on
a vocation, or is a student (as such terms are defined under
section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).’’.
(v) Section 4209(a) of title 18, United States Code, insofar
as such section remains in effect with respect to certain individ-
uals, is amended by inserting after the first sentence the follow-
ing: ‘‘In every case, the Commission shall impose as a condition
of parole for a person described in section 4042(c)(4), that
the parolee report the address where the parolee will reside
and any subsequent change of residence to the probation officer
responsible for supervision, and that the parolee register in
any State where the parolee resides, is employed, carries on
a vocation, or is a student (as such terms are defined under
section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).’’.
(C)(i) The Secretary of Defense shall specify categories
of conduct punishable under the Uniform Code of Military
Justice which encompass a range of conduct comparable to
that described in section 170101(a)(3)(A) and (B) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14071(a)(3)(A) and (B)), and such other conduct as the Secretary
deems appropriate for inclusion for purposes of this subpara-
graph.
(ii) In relation to persons sentenced by a court martial
for conduct in the categories specified under clause (i), the
Secretary shall prescribe procedures and implement a system
to—
(I) 
provide 
notice 
concerning 
the 
release 
from
confinement or sentencing of such persons;
(II) inform such persons concerning registration
obligations; and
(III) track and ensure compliance with registration
requirements by such persons during any period of parole,
probation, or other conditional release or supervision
related to the offense.
(iii) The procedures and requirements established by the
Secretary under this subparagraph shall, to the maximum
extent practicable, be consistent with those specified for Federal
offenders under the amendments made by subparagraphs (A)
and (B).
H. R. 2267—28
(iv) If a person within the scope of this subparagraph
is confined in a facility under the control of the Bureau of
Prisons at the time of release, the Bureau of Prisons shall
provide notice of release and inform the person concerning
registration obligations under the procedures specified in
section 4042(c) of title 18, United States Code.
(9) PROTECTED WITNESS REGISTRATION.—Section 3521(b)(1)
of title 18, United States Code, is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (G);
(B) by redesignating subparagraph (H) as subpara-
graph (I); and
(C) by inserting after subparagraph (G) the following:
‘‘(H) protect the confidentiality of the identity and location
of persons subject to registration requirements as convicted
offenders under Federal or State law, including prescribing
alternative procedures to those otherwise provided by Federal
or State law for registration and tracking of such persons;
and’’.
(b) SENSE OF CONGRESS AND REPORT RELATING TO STALKING
LAWS.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
each State should have in effect a law that makes it a crime
to stalk any individual, especially children, without requiring
that such individual be physically harmed or abducted before
a stalker is restrained or punished.
(2) REPORT.—The Attorney General shall include in an
annual report under section 40610 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14039) information
concerning existing or proposed State laws and penalties for
stalking crimes against children.
(c) EFFECTIVE DATE.—This section shall take effect on the date
of the enactment of this Act, except that—
(1) subparagraphs (A), (B), and (C) of subsection (a)(8)
shall take effect 1 year after the date of the enactment of
this Act; and
(2) States shall have 3 years from such date of enactment
to implement amendments made by this Act which impose
new requirements under the Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration Act, and
the Attorney General may grant an additional 2 years to a
State that is making good faith efforts to implement these
amendments.
SEC. 116. (a) IN GENERAL.—Section 610(b) of the Departments
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’’.
(b) EFFECTIVE DATE.—The amendment made by subsection
(a)(2) shall be deemed to have become effective on October 6, 1992.
SEC. 117. For fiscal year 1998, the Attorney General shall
provide a magnetometer and not less than one qualified guard
at each unsecured entrance to the real property (including offices,
buildings, and related grounds and facilities) that is leased to
the United States as a place of employment for Federal employees
at 625 Silver, S.W., in Albuquerque, New Mexico for the duration
of time that Department of Justice employees are occupants of
H. R. 2267—29
this building, after which the General Services Administration shall
provide the same level of security equipment and personnel at
this location until the date on which the new Albuquerque Federal
building is occupied.
SEC. 118. 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 subparagraph:
‘‘(B)(i) The Administrator may exercise the authority under
subparagraph (A) with respect to such surplus real and related
property needed by the transferee or grantee for—
‘‘(I) law enforcement purposes, as determined by the
Attorney General; or
‘‘(II) 
emergency 
management 
response 
purposes,
including fire and rescue services, as determined by the
Director of the Federal Emergency Management Agency.
‘‘(ii) The authority provided under this subparagraph shall
terminate on December 31, 1999.’’.
SEC. 119. Section 1701(b)(2)(A) of title I of the Omnibus 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. 120. Section 233(d) of the Antiterrorism and Effective
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. 121. (a) DEFINITIONS.—In this section—
(1) the terms ‘‘criminal offense against a victim who is
a minor’’, ‘‘sexually violent offense’’, and ‘‘sexually violent preda-
tor’’ have the meanings given those terms in section 170101(a)
of the Violent Crime Control 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 General shall submit to
Congress a report, which shall include 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 offense, the sex
offender shall provide a DNA sample to the appropriate law enforce-
ment agency for inclusion in a national 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;
H. R. 2267—30
(B) the analysis of the collected samples for DNA and
other genetic typing analysis; and
(C) making the DNA and other genetic typing informa-
tion available for law enforcement purposes only;
(2) guidelines for coordination with existing Federal and
State DNA and genetic typing information databases and for
Federal cooperation with State and local law in sharing this
information;
(3) addressing constitutional, privacy, and related concerns
in connection with the mandatory submission of DNA samples;
and
(4) procedures and penalties for the prevention of improper
disclosure or dissemination of DNA or other genetic typing
information.
SEC. 122. (a) Notwithstanding any other provision of law relat-
ing to position classification or employee pay or performance, during
the 3-year period beginning on the date of enactment of this Act,
the Director of the Federal Bureau of Investigation may, with
the approval of the Attorney General, establish a personnel manage-
ment system providing for the compensation and performance
management of not more than 3,000 non-Special Agent employees
to fill critical scientific, technical, engineering, intelligence analyst,
language translator, and medical positions in the Federal Bureau
of Investigation.
(b) Except as otherwise provided by law, no employee com-
pensated under any system established under this section may
be paid at a rate in excess of the rate payable for a position
at level III of the Executive Schedule.
(c) Total payments to employees under any system established
under this section shall be subject to the limitation on payments
to employees set forth in section 5307 of title 5, United States
Code.
(d) Not later than 90 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation shall
submit to the Committees on Appropriations and the Committees
on the Judiciary of the House of Representatives and the Senate,
the Committee on Government Reform and Oversight of the House
of Representatives, and the Committee on Governmental Affairs
of the Senate, an operating plan describing the Director’s intended
use of the authority under this section, and identifying any provi-
sions of title 5, United States Code, being waived for purposes
of any personnel management system to be established by the
Director under this section.
(e) Any performance management system established under
this section shall have not less than 2 levels of performance above
a retention standard.
(f ) Not later than March 31, 2000, the Director of the Federal
Bureau of Investigation shall submit to Congress an evaluation
of the performance management system established under this sec-
tion, which shall include—
(1) a comparison of—
(A) the compensation, benefits, and performance
management provisions governing personnel of similar
employment classification series in other departments and
agencies of the Federal Government; and
(B) the costs, consistent with standards prescribed in
Office of Management and Budget Circular A–76, of
H. R. 2267—31
contracting for any services provided through those depart-
ments and agencies; and
(2) if appropriate, a recommendation for legislation to
extend the authority under this section.
(g) Notwithstanding any other provision of law, the Secretary
of the Treasury shall have the same authority provided to the
Office of Personnel Management under section 4703 of title 5,
United States Code, to establish, in the discretion of the Secretary,
demonstration projects for a period of 3 years, for not to exceed
a combined total of 950 employees, to fill critical scientific, technical,
engineering, intelligence analyst, language translator, and medical
positions in the Bureau of Alcohol, Tobacco and Firearms, the
United States Customs Service, and the United States Secret
Service.
(h) The authority under this section shall terminate 3 years
after the date of enactment of this Act.
SEC. 123. (a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)(B)(i), by striking ‘‘permits’’ and
inserting ‘‘requires’’; and
(B) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘no prisoner
release order shall be entered unless’’ and inserting
‘‘no court shall enter a prisoner release order unless’’;
and
(ii) in subparagraph (F)—
(I) by inserting ‘‘including a legislator’’ after
‘‘local official’’; and
(II) by striking ‘‘program’’ and inserting
‘‘prison’’;
(2) in subsection (b)(3), by striking ‘‘current or ongoing ’’
and inserting ‘‘current and ongoing ’’;
(3) in subsection (e)—
(A) in paragraph (1), by adding at the end the following:
‘‘Mandamus shall lie to remedy any failure to issue a
prompt ruling on such a motion.’’;
(B) in paragraph (2), by striking ‘‘Any prospective relief
subject to a pending motion shall be automatically stayed’’
and inserting ‘‘Any motion to modify or terminate prospec-
tive relief made under subsection (b) shall operate as a
stay’’; and
(C) by adding at the end the following:
‘‘(3) POSTPONEMENT OF AUTOMATIC STAY.—The court may
postpone the effective date of an automatic stay specified in
subsection (e)(2)(A) for not more than 60 days for good cause.
No postponement shall be permissible because of general
congestion of the court’s calendar.
‘‘(4) ORDER
BLOCKING
THE
AUTOMATIC
STAY.—Any order
staying, suspending, delaying, or barring the operation of the
automatic stay described in paragraph (2) (other than an order
to postpone the effective date of the automatic stay under
paragraph (3)) shall be treated as an order refusing to dissolve
or modify an injunction and shall be appealable pursuant to
section 1292(a)(1) of title 28, United States Code, regardless
of how the order is styled or whether the order is termed
a preliminary or a final ruling.’’.
H. R. 2267—32
(b) EFFECTIVE DATE.—The amendments made by this Act shall
take effect upon the date of the enactment of this Act and shall
apply to pending cases.
SEC. 124. Section 524(c)(8)(B) of title 28, United States Code,
is amended by deleting ‘‘1996, and 1997,’’ and inserting ‘‘and 1996,’’
in place thereof.
SEC. 125. Section 217(f ) of the Immigration and Nationality
Act (8 U.S.C. 1187(f )) is amended to read as follows:
‘‘(f ) DEFINITION OF PILOT PROGRAM PERIOD.—For purposes of
this section, the term ‘pilot program period’ means the period begin-
ning on October 1, 1988, and ending on April 30, 1998.’’.
SEC. 126. Section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103–236), is amended
in subsection (g) by striking ‘‘December 31, 1997’’ and inserting
‘‘May 1, 1998’’.
This title may be cited as the ‘‘Department of Justice Appropria-
tions 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 motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $23,450,000, of which $2,500,000 shall remain avail-
able until expended: Provided, That not to exceed $98,000 shall
be available for official reception and representation expenses: Pro-
vided further, That the total number of political appointees on
board as of May 1, 1998, shall not exceed 25 positions.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $41,200,000 to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and engaging
in trade promotional activities abroad, including 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