104TH CONGRESS
2D SESSION
H. R. 4278
AN ACT
Making omnibus consolidated appropriations for the
fiscal year ending September 30, 1997, and for
other purposes.
104TH CONGRESS
2D SESSION
H. R. 4278
AN ACT
Making omnibus consolidated appropriations for the fiscal
year ending September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
DIVISION A
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
several departments, agencies, corporations and other or-
ganizational units of the Government for the fiscal year
1997, and for other purposes, namely:
TITLE I—OMNIBUS APPROPRIATIONS
Sec. 101(a) For programs, projects or activities in
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act,
1997, provided as follows, to be effective as if it had been
enacted into law as the regular appropriations Act:
AN ACT
Making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1997,
and for other purposes.
TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of
the Department of Justice, $75,773,000; 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 equiva-
lent workyears and $7,477,000 shall be expended for the
Department Leadership Program exclusive of augmenta-
tion that occurred in these offices in fiscal year 1996:
Provided further, That not to exceed 41 permanent posi-
tions and 48 full-time equivalent workyears and
$4,660,000 shall be expended for the Offices 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 non-reimbursable basis or any
other type of formal or informal transfer or reimburse-
ment of personnel or funds on either a temporary or
long-term basis.
For an additional amount, for enhancements for
the Office of Intelligence Policy and Review and security
measures, $3,600,000; of which $2,170,000 is for secu-
rity enhancements: 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.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the At-
torney General, $9,450,000, to remain available until ex-
pended, to reimburse any Department of Justice organi-
zation for (1) the costs incurred in reestablishing the
operational capability of an office or facility which has
been damaged or destroyed as a result of the bombing of
the Alfred P. Murrah Federal Building in Oklahoma City
or 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 terrorism threat assess-
ment of Federal agencies and their facilities: Provided,
That funds provided under this heading shall be available
only after the Attorney General notifies the Committees
on Appropriations of the House of Representatives and
the Senate in accordance with section 605 of this Act.
For an additional amount for necessary expenses,
as determined by the Attorney General, $20,000,000, to
remain available until expended, to reimburse any De-
partment of Justice organization for (1) the costs in-
curred in reestablishing the operational capability of an
office or facility which has been damaged or destroyed as
a result of any domestic or international terrorist inci-
dent, or (2) the costs of providing support to counter, in-
vestigate or prosecute domestic or international terror-
ism, including payment of rewards in connection with
these activities: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of
pardon and clemency petitions and immigration related
activities, $62,000,000.
For an additional amount for security measures
for the Executive Office of Immigration Review,
$1,000,000: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget,
and Emergency Deficit Control Act of 1985, as amended.
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE
REVIEW AND APPEALS
For activities authorized by section 130005 of the
Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322), as amended, $48,000,000, to re-
main 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
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $31,960,000; including
not to exceed $10,000 to meet unforeseen emergencies of
a confidential character, to be expended under the direc-
tion of, and to be accounted for solely under the certifi-
cate of, the Attorney General; and for the acquisition,
lease, maintenance, and operation of motor vehicles, with-
out regard to the general purchase price limitation for
the current fiscal year.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Pa-
role Commission as authorized by law, $4,845,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses, necessary for the legal activities of
the Department of Justice, not otherwise provided for,
including 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 Attor-
ney General; and rent of private or Government-owned
space in the District of Columbia; $420,793,000; of
which not to exceed $10,000,000 for litigation support
contracts shall remain available until expended: Provided,
That of the funds available in this appropriation, not to
exceed $17,525,000 shall remain available until expended
for office automation systems for the legal divisions cov-
ered by this appropriation, and for the United States At-
torneys, the Antitrust Division, and offices funded
through ‘‘Salaries and Expenses’’, General Administra-
tion: Provided further, That of the total amount appro-
priated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for
official reception and representation expenses: Provided
further, That notwithstanding 31 U.S.C. 1342, the Attor-
ney General may accept on behalf of the United States,
and credit to this appropriation, gifts of money, personal
property and services, for the purposes of hosting the
International 
Criminal 
Police 
Organization’s
(INTERPOL) American Regional Conference in the
United States during fiscal year 1997: Provided further,
That not to exceed 8 permanent positions and 10 full-
time equivalent workyears and $987,000 shall be ex-
pended for the Office of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforemen-
tioned offices shall not be augmented by personnel de-
tails, temporary transfers of personnel on either a reim-
bursable 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
Department 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 appro-
priated from the Vaccine Injury Compensation Trust
Fund.
For an additional amount for expenses of the
Criminal Division relating to terrorism, $1,719,000: Pro-
vided, 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.
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL
ACTIVITIES
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Vio-
lent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322), as amended, $7,750,000, to re-
main available 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, $76,447,000: Provided, That
notwithstanding any other provision of law, not to exceed
$58,905,000 of offsetting collections derived from fees
collected 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 nec-
essary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be re-
duced as such offsetting collections are received during
fiscal year 1997, so as to result in a final fiscal year
1997 appropriation from the General Fund estimated at
not more than $17,542,000: Provided further, That any
fees received in excess of $58,905,000 in fiscal year
1997, shall remain available until expended, but shall not
be available for obligation until October 1, 1997.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Office of the United
States Attorneys, including intergovernmental agree-
ments, $923,340,000; of which not to exceed $2,500,000
shall be available until September 30, 1998, for the pur-
poses of (1) providing training of personnel of the De-
partment of Justice in debt collection, (2) providing serv-
ices to the Department of Justice related to locating
debtors and their property, such as title searches, debtor
skiptracing, asset searches, credit reports and other in-
vestigations, (3) paying the costs of the Department of
Justice for the sale of property not covered by the sale
proceeds, such as auctioneers’ fees and expenses, mainte-
nance and protection of property and businesses, adver-
tising and title search and surveying costs, and (4) pay-
ing the costs of processing and tracking debts owed to
the United States Government: Provided, That of the
total amount appropriated, not to exceed $8,000 shall be
available for official reception and representation ex-
penses: Provided further, That not to exceed $10,000,000
of those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That $1,900,000 for supervision of the Inter-
national Brotherhood of Teamsters national election,
shall remain available until expended: Provided further,
That in addition to reimbursable full-time equivalent
workyears available to the Office of the United States At-
torneys, 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.
For an additional amount for expenses relating to
terrorism and security needs, $10,900,000: 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.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES
ATTORNEYS
For activities authorized by sections 40114,
130005, 190001(b), 190001(d) and 250005 of the Vio-
lent Crime Control 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), $43,876,000, to remain
available until expended, which shall be derived from the
Violent 
Crime 
Reduction 
Trust 
Fund, 
of 
which
$28,602,000 shall be available to help meet the increased
demands for litigation and related activities, $4,641,000
for Southwest Border Control, $1,000,000 for Federal
victim counselors, and $9,633,000 for expeditious depor-
tation of denied asylum applicants.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States
Trustee Program, as authorized by 28 U.S.C. 589a(a),
$107,950,000, to remain available until expended and to
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 deposi-
tors: Provided further, That notwithstanding any other
provision of law, $107,950,000 of offsetting collections
derived from fees collected pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary ex-
penses in this appropriation and remain available until
expended: Provided further, That the sum herein appro-
priated from the Fund shall be reduced as such offsetting
collections are received during fiscal year 1997, so as to
result in a final fiscal year 1997 appropriation from the
Fund estimated at $0: Provided further, That any such
fees collected in excess of $107,950,000 in fiscal year
1997 shall remain available until expended but shall not
be available for obligation until October 1, 1997.
SALARIES AND EXPENSES, FOREIGN CLAIMS
SETTLEMENT COMMISSION
For expenses necessary to carry out the activities
of the Foreign Claims Settlement Commission, including
services as authorized by 5 U.S.C. 3109, $953,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For necessary expenses of the United States Mar-
shals Service; including the acquisition, lease, mainte-
nance, and operation of vehicles and aircraft, and the
purchase of passenger motor vehicles for police-type use,
without regard to the general purchase price limitation
for the current fiscal year, $457,495,000, as authorized
by 28 U.S.C. 561(i); of which not to exceed $6,000 shall
be available for official reception and representation ex-
penses; and of which not to exceed $4,000,000 for devel-
opment, implementation, maintenance and support, and
training for an automated prisoner information system,
and $2,200,000 to support the Justice Prisoner and
Alien Transportation System, shall remain available until
expended: Provided, That, with respect to the amounts
appropriated above, the service of maintaining and trans-
porting State, local, or territorial prisoners shall be con-
sidered a specialized or technical service for purposes 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
performance of a governmental function for purposes of
49 U.S.C. 40102: Provided further, That not to exceed 12
permanent 
positions 
and 
full-time 
equivalent
workyears and $700,000 shall be expended for the Of-
fices of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall
not be augmented by personnel details, temporary trans-
fers of personnel on either a reimbursable or non-
reimbursable basis or any other type of formal or infor-
mal transfer or reimbursement of personnel 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, $25,000,000,
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: Pro-
vided, That this appropriation hereafter shall not be
available for expenses authorized under 18 U.S.C.
4013(a)(4).
FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per
diems of witnesses, for expenses of contracts for the pro-
curement and supervision of expert witnesses, for private
counsel expenses, and for per diems in lieu of subsistence,
as authorized by law, including advances, $100,702,000,
to remain available until expended; of which not to exceed
$4,750,000 may be made available for planning, con-
struction, renovations, maintenance, remodeling, and re-
pair of buildings, and the purchase of equipment incident
thereto, for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the pur-
chase and maintenance of armored vehicles for transpor-
tation of protected witnesses; and of which not to exceed
$4,000,000 may be made available for the purchase, in-
stallation and maintenance of a secure, automated infor-
mation network to store and retrieve the identities and
locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS
SERVICE
For necessary expenses of the Community Rela-
tions 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
Attorney General that emergent circumstances require
additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attor-
ney General may transfer such amounts to the Commu-
nity Relations Service, from available appropriations for
the current fiscal year for the Department of Justice, as
may be necessary to respond to such circumstances: Pro-
vided further, That any transfer pursuant to this para-
graph shall be treated as a reprogramming 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.
ASSETS FORFEITURE FUND
For 
expenses 
authorized 
by 
U.S.C.
524(c)(1)(A)(ii), (B), (C), (F), and (G), as amended,
$23,000,000, to be derived from the Department of Jus-
tice Assets Forfeiture Fund.
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accord-
ance with the Radiation Exposure Compensation Act,
$2,000,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION
TRUST FUND
For payments to the Radiation Exposure Com-
pensation Trust Fund, $13,736,000, not to be available
for obligation until September 30, 1997.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, inves-
tigation, and prosecution of individuals involved in orga-
nized crime drug trafficking not otherwise provided for,
to include intergovernmental agreements with State and
local law enforcement agencies engaged in the investiga-
tion and prosecution of individuals involved in organized
crime 
drug 
trafficking, 
$359,430,000, 
of 
which
$50,000,000 shall remain available until expended: Pro-
vided, That any amounts obligated from appropriations
under this heading may be used under authorities avail-
able to the organizations reimbursed from this appropria-
tion: Provided further, That any unobligated balances re-
maining available at the end of the fiscal year shall revert
to the Attorney General for reallocation among partici-
pating organizations in succeeding fiscal years, subject to
the reprogramming procedures described in section 605
of this Act.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase
for police-type use of not to exceed 2,706 passenger
motor vehicles, of which 1,945 will be 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 oper-
ation of aircraft; and 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;
$2,451,361,000, of which not to exceed $50,000,000 for
automated data processing and telecommunications and
technical investigative equipment and $1,000,000 for un-
dercover operations shall remain available until Septem-
ber 30, 1998; of which not less than $147,081,000 shall
be for counterterrorism investigations, foreign counter-
intelligence, and other activities related to our national
security; of which not to exceed $98,400,000 shall remain
available until expended; and of which not to exceed
$10,000,000 is authorized to be made available for mak-
ing payments or advances for expenses arising out of con-
tractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000
shall be available to maintain an independent program of-
fice dedicated solely to the relocation of the Criminal Jus-
tice Information Services Division and the automation of
fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception
and representation expenses: Provided further, That not
to exceed 81 permanent positions and 85 full-time equiv-
alent workyears and $5,959,000 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 personnel details, temporary trans-
fers of personnel on either a reimbursable or non-
reimbursable basis or any other type of formal or infor-
mal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
For an additional amount for necessary expenses
of the Federal Bureau of Investigation to prevent and in-
vestigate terrorism activities and incidents; provide for
additional agents and support staff; protect key physical
assets; establish a capability for chemical, biological and
nuclear research; improve domestic intelligence; and im-
prove security at Federal Bureau of Investigation offices,
$115,610,000, as authorized by the Antiterrorism and
Effective Death Penalty Act of 1996 (P.L. 104–132):
Provided, That the entire amount is designated by Con-
gress 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.
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’’), $169,000,000, to remain
available until expended, which shall be derived from the
Violent 
Crime 
Reduction 
Trust 
Fund; 
of 
which
$76,356,000 shall be for activities authorized by section
190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $53,404,000 shall be for activities au-
thorized by section 190001(b) of the 1994 Act, of which
$20,240,000 shall be for activities authorized by section
103 of the Brady Handgun Violence Prevention Act
(Public Law 103–159), as amended; $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 establish-
ing DNA quality-assurance and proficiency-testing stand-
ards, establishing an index to facilitate law enforcement
exchange of DNA identification information, and related
activities authorized by section 210501 of the 1994 Act.
TELECOMMUNICATIONS CARRIER COMPLIANCE FUND
For necessary expenses, as determined by the At-
torney General, $60,000,000, to remain available until
expended, to be deposited in the Telecommunications
Carrier Compliance Fund for making payments to tele-
communications carriers, equipment manufacturers, and
providers of telecommunications support services pursu-
ant to section 110 of this Act: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement 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 not previously designated by the President as an
emergency requirement shall be available only to the ex-
tent an official budget request, for a specific dollar
amount 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 to Congress.
CONSTRUCTION
For necessary expenses to construct or acquire
buildings and sites by purchase, or as otherwise author-
ized by law (including equipment for such buildings); con-
version and extension of federally-owned buildings; and
preliminary 
planning 
and 
design 
of 
projects;
$41,639,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement
Administration, including 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; ex-
penses for conducting drug education and training pro-
grams, including travel and related expenses for partici-
pants in such programs and the distribution of items of
token value that promote the goals of such programs;
purchase of not to exceed 1,158 passenger motor vehicles,
of which 1,032 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 
aircraft;
$745,388,000, of which not to exceed $1,800,000 for re-
search and $15,000,000 for transfer to the Drug Diver-
sion Control Fee Account for operating expenses shall re-
main available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for in-
formation, not to exceed $4,000,000 for contracting for
automated 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 aircraft replacement retrofit and parts,
shall remain available until September 30, 1998; and of
which not to exceed $50,000 shall be available for official
reception and representation expenses: Provided, That
not to exceed 25 permanent positions and 25 full-time
equivalent workyears and $1,828,000 shall be expended
for the Office of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned of-
fices shall not be augmented by personnel details, tem-
porary transfers of personnel on either a reimbursable or
nonreimbursable basis or any other type of formal or in-
formal transfer or reimbursement of personnel or funds
on either a temporary or long-term basis.
For an additional amount for security measures
for domestic and foreign Drug Enforcement Administra-
tion offices, $5,000,000: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 180104 and
190001(b) of the Violent Crime Control and Law En-
forcement Act of 1994 (Public Law 103–322), as amend-
ed, and section 814 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104–132), and
for the purchase of passenger motor vehicles for police-
type 
use, 
as 
otherwise 
authorized 
in 
this 
title,
$220,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund.
CONSTRUCTION
For necessary expenses to construct or acquire
buildings and sites by purchase, or as otherwise author-
ized by law (including equipment for such buildings); con-
version and extension of federally-owned buildings; and
preliminary 
planning 
and 
design 
of 
projects;
$30,806,000, to remain available until expended.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, nec-
essary for the administration and enforcement of the laws
relating to immigration, naturalization, and alien reg-
istration, including not to exceed $50,000 to meet unfore-
seen 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; pur-
chase for police type use (not to exceed 2,691, of which
1,711 are for replacement only), without regard to the
general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition,
lease, maintenance and operation of aircraft; and re-
search 
related 
to 
immigration 
enforcement;
$1,590,159,000 of which not to exceed $400,000 for re-
search shall remain available until expended; and of
which not to exceed $10,000,000 shall be available for
costs associated with the training program for basic offi-
cer training, and $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements
with State and local law enforcement agencies while en-
gaged in cooperative activities related to immigration:
Provided, That none of the funds available to the Immi-
gration and Naturalization Service shall be available to
pay any employee overtime pay in an amount in excess
of $30,000 during the calendar year beginning January
1, 1997: Provided further, That uniforms may be pur-
chased without regard to the general purchase price limi-
tation for the current fiscal year: Provided further, That
not to exceed $5,000 shall be available for official recep-
tion and representation expenses: Provided further, That
none of the funds provided in this or any other Act shall
be used for the continued operation of the San Clemente
and Temecula checkpoints unless the checkpoints are
open and traffic is being checked on a continuous 24-
hour basis: Provided further, That the Land Border Fee
Pilot Project scheduled to end September 30, 1996, is ex-
tended to September 30, 1999, for projects on both the
northern and southern borders of the United States, ex-
cept that no pilot program may implement a universal
land border crossing toll: Provided further, That obligated
and unobligated balances available to ‘‘Salaries and Ex-
penses, Community Relations Service’’ under section
501(c) of the Refugee Education Assistance Act of 1980
are transferred to this account and shall remain available
until expended: Provided further, That not to exceed 48
permanent 
positions 
and 
full-time 
equivalent
workyears and $4,628,000 shall be expended for the Of-
fice of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall
not be augmented by personnel details, temporary trans-
fers of personnel on either a reimbursable or non-
reimbursable basis or any other type of formal or infor-
mal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis.
For an additional amount to support the deten-
tion and removal of aliens with ties to terrorist organiza-
tions and expand the detention and removal of illegal
aliens and enhance the intelligence of the Immigration
and Naturalization Service, $15,000,000, of which
$10,000,000 shall be for detention and removal of aliens:
Provided, That the entire amount is designated by Con-
gress 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.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 130002,
130005, 130006, 130007, and 190001(b) of the Violent
Crime Control 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), $500,000,000, to remain avail-
able until expended, which will be derived from the Vio-
lent Crime Reduction Trust Fund, of which $66,217,000
shall be for expeditious deportation of denied asylum ap-
plicants, $317,256,000 shall be for improving border con-
trols, and $116,527,000 shall be for detention and depor-
tation proceedings: Provided, That amounts not required
for asylum processing provided under the expeditious de-
portation of denied asylum applicants shall also be avail-
able for other deportation program activities.
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, $9,841,000, to remain available
until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, op-
eration, and maintenance of Federal penal and correc-
tional institutions, including purchase (not to exceed 836,
of which 572 are for replacement only) and hire of law
enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments; $2,768,316,000:
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 Fed-
eral penal and correctional institutions: Provided further,
That the Director of the Federal Prison System (FPS),
where necessary, may enter into contracts with a fiscal
agent/fiscal intermediary claims processor 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: Provided fur-
ther, That not to exceed $6,000 shall be available for offi-
cial reception and representation expenses: Provided fur-
ther, That not to exceed $90,000,000 for the activation
of new facilities shall remain available until September
30, 1998: Provided further, That of the amounts provided
for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments
in advance for grants, contracts and reimbursable agree-
ments, and other expenses authorized by section 501(c)
of the Refugee Education Assistance Act of 1980, as
amended, for the care and security in the United States
of Cuban and Haitian entrants: Provided further, That
notwithstanding section 4(d) of the Service Contract Act
of 1965 (41 U.S.C. 353(d)), FPS may enter into con-
tracts and other agreements with private entities for peri-
ods of not to exceed 3 years and 7 additional option years
for the confinement of Federal prisoners: Provided fur-
ther, That the National Institute of Corrections hereafter
shall be included in the FPS Salaries and Expenses
budget, in the Contract Confinement program and shall
continue to perform its current functions under 18
U.S.C. 4351, et seq., with the exception of its grant pro-
gram and shall collect reimbursement for services when-
ever possible: Provided further, That any unexpended bal-
ances available to the ‘‘National Institute of Corrections’’
account shall be credited to and merged with this appro-
priation, to remain available until expended.
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, $25,224,000, to remain available
until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction
of new facilities; leasing the Oklahoma City Airport Trust
Facility; purchase and acquisition of facilities and remod-
eling, and equipping of such facilities for penal and cor-
rectional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facili-
ties at existing penal and correctional institutions, includ-
ing all necessary expenses incident thereto, by contract or
force account; $395,700,000, to remain available until ex-
pended, 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: Pro-
vided further, That not to exceed 10 percent of the funds
appropriated to ‘‘Buildings and Facilities’’ in this Act or
any other Act may be transferred to ‘‘Salaries and Ex-
penses’’, Federal Prison System, upon notification by the
Attorney General to the Committees on Appropriations of
the House of Representatives and the Senate in compli-
ance with provisions set forth in section 605 of this Act:
Provided further, That of the total amount appropriated,
not to exceed $36,570,000 shall be available for the ren-
ovation and construction of United States Marshals Serv-
ice 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 section 9104 of title 31, United States Code,
as may be necessary 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 cor-
poration 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 accord-
ance with the corporation’s current prescribed accounting
system, and such amounts shall be exclusive of deprecia-
tion, payment of claims, and expenditures which the said
accounting system requires to be capitalized or charged
to cost of commodities acquired or produced, including
selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and
other property belonging 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 amend-
ed, and the Missing Children’s Assistance Act, as amend-
ed, including salaries and expenses in connection there-
with, and with the Victims of Crime Act of 1984, as
amended, $101,429,000, to remain available until ex-
pended, as authorized by section 1001 of title I of the
Omnibus Crime Control and Safe Streets Act, as amend-
ed by Public Law 102–534 (106 Stat. 3524).
For an additional amount, $17,000,000, to re-
main available until expended; of which $5,000,000 shall
be for Local Firefighter and Emergency Services Train-
ing Grants as authorized by section 819 of the
Antiterrorism and Effective Death Penalty Act of 1996
(‘‘the Antiterrorism Act’’); of which $10,000,000 shall be
for development of counterterrorism technologies to help
State and local law enforcement combat terrorism, as au-
thorized by section 821 of the Antiterrorism Act; of
which $2,000,000 shall be for specialized multi-agency
response training: 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 not
previously designated by the President as an emergency
requirement shall be available only to the extent an offi-
cial budget request, for a specific dollar amount that in-
cludes 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 to Congress.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements,
and other assistance authorized by part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968, as
amended, for State and Local Narcotics Control and Jus-
tice Assistance Improvements, notwithstanding the provi-
sions of section 511 of said Act, $361,000,000, 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 $60,000,000 shall be available
to carry out 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 Assistance Programs.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND
LOCAL LAW ENFORCEMENT ASSISTANCE
For assistance (including amounts for administra-
tive costs for management and administration, which
amounts shall be transferred to and merged with the
‘‘Justice Assistance’’ account) authorized by the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322), as amended (‘‘the 1994 Act’’); the Omni-
bus Crime Control and Safe Streets Act of 1968, as
amended (‘‘the 1968 Act’’); and the Victims of Child
Abuse Act of 1990, as amended (‘‘the 1990 Act’’);
$2,036,150,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund; of which $523,000,000 shall be for Local
Law Enforcement Block Grants, pursuant to H.R. 728
as passed by the House of Representatives on February
14, 1995, except that for purposes of this Act, the Com-
monwealth of Puerto Rico shall be considered a ‘‘unit of
local government’’ as well as a ‘‘State’’, for the purposes
set forth in paragraphs (A), (B), (D), (F), and (I) of sec-
tion 101(a)(2) of H.R. 728 and for establishing crime
prevention programs involving cooperation between com-
munity residents and law enforcement personnel in order
to control, detect, or investigate crime or the prosecution
of criminals: Provided, That no funds provided under this
heading may be used as matching funds for any other
Federal 
grant 
program: 
Provided 
further, 
That
$20,000,000 of this amount shall be for Boys and Girls
Clubs in public housing facilities and other areas in co-
operation 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 $50,000,000 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 Protec-
tion Act of 1993; of which $199,000,000 shall be avail-
able 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
$330,000,000 shall be for the State Criminal Alien As-
sistance Program, as authorized by section 242(j) of the
Immigration and Nationality Act, as amended; of which
$670,000,000 shall be for Violent Offender Incarceration
and Truth in Sentencing Incentive Grants pursuant to
subtitle A of title II of the 1994 Act, of which
$170,000,000 shall be available for payments to States
for incarceration of criminal aliens, and of which
$12,500,000 shall be available for the Cooperative Agree-
ment Program: Provided further, That funds made avail-
able for Violent Offender Incarceration and Truth in
Sentencing Incentive Grants to the State of California
may, at the discretion of the recipient, be used for pay-
ments for the incarceration of criminal aliens: Provided
further, That beginning in fiscal year 1999, and there-
after, no funds shall be available to make grants to a
State pursuant to section 20103 or section 20104 of the
Violent Crime Control and Law Enforcement Act of 1994
unless no later than September 1, 1998, such State has
implemented a program of controlled substance testing
and intervention for appropriate categories of convicted
offenders during periods of incarceration and criminal
justice supervision, with sanctions including denial or rev-
ocation of release for positive controlled substance tests,
consistent with guidelines issued by the Attorney General;
of which $6,000,000 shall be for the Court Appointed
Special Advocate Program, as authorized by section 218
of the 1990 Act; of which $1,000,000 shall be for Child
Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990
Act; of which $145,000,000 shall be for Grants to Com-
bat Violence Against Women, to States, units of local
government, and Indian tribal governments, as author-
ized by section 1001(a)(18) of the 1968 Act; of which
$33,000,000 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 $8,000,000 shall be for Rural
Domestic Violence and Child Abuse Enforcement Assist-
ance Grants, as authorized by section 40295 of the 1994
Act; of which $1,000,000 shall be for training programs
to assist probation and parole officers who work with re-
leased sex offenders, as authorized by section 40152(c) of
the 1994 Act; of which $550,000 shall be for grants for
televised testimony, as authorized by section 1001(a)(7)
of the 1968 Act; of which $1,750,000 shall be for na-
tional stalker and domestic violence reduction, as author-
ized by section 40603 of the 1994 Act; of which
$30,000,000 shall be for grants for residential substance
abuse treatment for State prisoners as authorized by sec-
tion 1001(a)(17) of the 1968 Act; of which $3,000,000
shall be for grants to States and units of local govern-
ment 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 $750,000 shall be
for Motor Vehicle Theft Prevention Programs, as author-
ized by section 220002(h) of the 1994 Act; of which
$200,000 shall be for a National Baseline Study on Cam-
pus Sexual Assault, as authorized by section 40506(e) of
the 1994 Act; of which $30,000,000 shall be for Drug
Courts, as authorized by title V of the 1994 Act; of which
$1,000,000 shall be for Law Enforcement Family Sup-
port Programs, as authorized by section 1001(a)(21) of
the 1968 Act; and of which $2,000,000 shall be for pub-
lic awareness programs addressing marketing scams
aimed at senior citizens, as authorized by section
250005(3) of the 1994 Act: Provided further, That funds
made available in fiscal year 1997 under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, may be obligated for
programs to assist States in the litigation processing of
death penalty Federal habeas corpus petitions and for
drug testing initiatives: Provided further, That any 1996
balances for these programs shall be transferred to and
merged with this appropriation: Provided further, That if
a unit of local government uses any of the funds made
available under this title to increase the number of law
enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement offi-
cers who perform nonadministrative public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and re-
lated expenses of the Executive Office for Weed and
Seed, to implement ‘‘Weed and Seed’’ program activities,
$28,500,000, which shall be derived from discretionary
grants provided under the Edward Byrne Memorial State
and Local Law Enforcement Assistance Programs, to re-
main available until expended for intergovernmental
agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement
agencies engaged in the investigation 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 des-
ignated 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 Gen-
eral may direct the use of other Department of Justice
funds and personnel in support of ‘‘Weed and Seed’’ pro-
gram activities 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.
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 ex-
pended, 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: Pro-
vided, That not to exceed 186 permanent positions and
174 full-time equivalent workyears and $19,800,000 shall
be expended for program management and administra-
tion.
In addition, for programs of Police Corps edu-
cation, training and service as set forth in sections
200101–200113 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103–322),
$20,000,000, to remain available 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 Delinquency Prevention Act of 1974, as amended, in-
cluding salaries and expenses in connection therewith to
be transferred to and merged with the appropriations for
Justice Assistance, $170,000,000, to remain available
until expended, as authorized by section 299 of part I of
title II and section 506 of title V of the Act, as amended
by Public Law 102–586, of which (1) notwithstanding
any other provision of law, $5,000,000 shall be available
for expenses authorized by part A of title II of the Act,
$86,500,000 shall be available for expenses authorized 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: Provided, That $16,500,000 of the amounts pro-
vided for part B of title II of the Act, as amended, is for
the purpose of providing additional formula grants under
part B, for innovative local law enforcement and commu-
nity policing programs, to States that provide assurances
to the Administrator that the State has in effect (or will
have in effect no later than 1 year after date of applica-
tion) policies and programs, that ensure that juveniles
are subject to accountability-based sanctions for every act
for 
which 
they 
are 
adjudicated 
delinquent; 
(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 expenses
authorized by section 285 of part E of title II of the Act;
(4) $7,000,000 shall be available for expenses authorized
by part G of title II of the Act for juvenile mentoring
programs; and (5) $20,000,000 shall be available for ex-
penses authorized by title V of the Act for incentive
grants for local delinquency prevention programs: Pro-
vided, That upon the enactment of reauthorization legis-
lation for Juvenile Justice Programs under the Juvenile
Justice and Delinquency Prevention Act of 1974, as
amended, funding provided in this Act shall from that
date be subject to the provisions of that legislation and
any provisions in this Act that are inconsistent with that
legislation shall no longer have effect.
In addition, for grants, contracts, cooperative
agreements, and other assistance authorized by the Vic-
tims of Child Abuse Act of 1990, as amended,
$4,500,000, to remain available until expended, as au-
thorized by sections 214B of the Act.
PUBLIC SAFETY OFFICERS BENEFITS
For payments authorized 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 nec-
essary, to remain available until expended, as authorized
by section 6093 of Public Law 100–690 (102 Stat.
4339–4340), and, in addition, $2,200,000, to remain
available until expended, for payments as authorized by
section 1201(b) 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
distributions, procedures, and regulations established by
the Attorney General.
SEC. 102. Authorities contained in the Depart-
ment of Justice Appropriation Authorization Act, Fiscal
Year 1980 (Pub. L. 96–132, 93 Stat. 1040 (1979)), as
amended, shall remain in effect until the termination
date of this Act or until the effective date of a Depart-
ment of Justice Appropriation Authorization Act, which-
ever 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 carried to term, or in the case of rape: Pro-
vided, That should this prohibition be declared unconsti-
tutional 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 facilitate in any way the performance of, any abortion.
SEC. 105. Nothing in the preceding section shall
remove 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 dimin-
ishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bu-
reau of Prisons.
SEC. 106. Notwithstanding any other provision of
law, not to exceed $10,000,000 of the funds made avail-
able 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 spend-
ing limitations contained in sections 3059 and 3072 of
title 18, United States Code: Provided, That any reward
of $100,000 or more, up to a maximum of $2,000,000,
may not be made without the personal approval of the
President or the Attorney General and such approval
may not be delegated.
SEC. 107. Not to exceed 5 percent of any appro-
priation made available for the current fiscal year for the
Department of Justice in this Act, including those de-
rived from the Violent Crime Reduction Trust Fund, may
be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures
set forth in that section.
SEC. 108. Section 524(c)(8)(E) of title 28, United
States Code, is amended by striking the year in the date
therein contained and replacing the same with ‘‘1996’’.
SEC. 109. (a) Section 1930(a) of title 28, United
States Code, is amended in paragraph (3), by inserting
‘‘$’’ before ‘‘800’’, and in paragraph (6), by striking ev-
erything after ‘‘total less than $15,000;’’ and inserting in
lieu thereof: ‘‘$500 for each quarter in which disburse-
ments total $15,000 or more but less than $75,000; $750
for each quarter in which disbursements total $75,000 or
more but less than $150,000; $1,250 for each quarter in
which disbursements total $150,000 or more but less
than $225,000; $1,500 for each quarter in which dis-
bursements total $225,000 or more but less than
$300,000; $3,750 for each quarter in which disburse-
ments total $300,000 or more but less than $1,000,000;
$5,000 for each quarter in which disbursements total
$1,000,000 or more but less than $2,000,000; $7,500 for
each quarter in which disbursements total $2,000,000 or
more but less than $3,000,000; $8,000 for each quarter
in which disbursements total $3,000,000 or more but less
than $5,000,000; $10,000 for each quarter in which dis-
bursements total $5,000,000 or more. The fee shall be
payable on the last day of the calendar month following
the calendar quarter for which the fee is owed.’’.
(b) Section 589a of title 28, United States Code,
is amended to read as follows:
‘‘§ 589a. United States Trustee System Fund
‘‘(a) There is hereby established in the Treasury
of the United States a special fund to be known as the
‘United States Trustee System Fund’ (hereinafter in this
section referred to as the ‘Fund’). Monies in the Fund
shall be available to the Attorney General without fiscal
year limitation in such amounts as may be specified in
appropriations Acts for the following purposes in connec-
tion with the operations of United States trustees—
‘‘(1) salaries and related employee benefits;
‘‘(2) travel and transportation;
‘‘(3) rental of space;
‘‘(4) communication, utilities, and miscellaneous
computer charges;
‘‘(5) security investigations and audits;
‘‘(6) supplies, books, and other materials for
legal research;
‘‘(7) furniture and equipment;
‘‘(8) miscellaneous services, including those ob-
tained by contract; and
‘‘(9) printing.
‘‘(b) For the purpose of recovering the cost of
services of the United States Trustee System, there shall
be deposited as offsetting collections to the appropriation
‘United States Trustee System Fund’, to remain avail-
able until expended, the following—
‘‘(1) 23.08 percent of the fees collected under
section 1930(a)(1) of this title;
‘‘(e) There are authorized to be appropriated to
the Fund for any fiscal year such sums as may be nec-
essary to supplement amounts deposited under subsection
(b) for the purposes specified in subsection (a).’’.
(c) Notwithstanding any other provision of law or
of this Act, the amendments to 28 U.S.C. 589a made by
subsection (b) of this section shall take effect upon enact-
ment of this Act.
(d) Section 101(a) of Public Law 104–91, as
amended by section 211 of Public Law 104–99, is further
amended by inserting ‘‘: Provided further, That, notwith-
standing any other provision of law, the fees under 28
U.S.C. 1930(a)(6) shall accrue and be payable from and
after January 27, 1996, in all cases (including, without
limitation, any cases pending as of that date), regardless
of confirmation status of their plans’’ after ‘‘enacted into
law’’.
SEC. 110. Public Law 103–414 (108 Stat. 4279)
is amended by inserting at its conclusion a new title IV,
as follows:
‘‘TITLE IV—TELECOMMUNICATIONS CARRIER
COMPLIANCE PAYMENTS
‘‘SEC. 401. DEPARTMENT OF JUSTICE TELECOMMUNI-
CATIONS CARRIER COMPLIANCE FUND.
‘‘(a) ESTABLISHMENT OF FUND.—There is here-
by established in the United States Treasury a fund to
be known as the Department of Justice Telecommuni-
cations Carrier Compliance Fund (hereafter referred to
as ‘the Fund’), which shall be available without fiscal
year limitation to the Attorney General for making pay-
ments to telecommunications carriers, equipment manu-
facturers, and providers of telecommunications support
services pursuant to section 109 of this Act.
‘‘(b) DEPOSITS TO THE FUND.—Notwithstanding
any other provision of law, any agency of the United
States with law enforcement or intelligence responsibil-
ities may deposit as offsetting collections to the Fund any
unobligated balances that are available until expended,
upon compliance with any Congressional notification re-
quirements for reprogramming of funds applicable to the
appropriation from which the deposit is to be made.
‘‘(c) TERMINATION.—
‘‘(1) The Attorney General may terminate the
Fund at such time as the Attorney General deter-
mines that the Fund is no longer necessary.
‘‘(2) Any balance in the Fund at the time of its
termination shall be deposited in the General Fund
of the Treasury.
‘‘(3) A decision of the Attorney General to ter-
minate the Fund shall not be subject to judicial re-
view.
‘‘(d) AVAILABILITY
OF FUNDS
FOR EXPENDI-
TURE.—Funds shall not be available for obligation unless
an implementation plan as set forth in subsection (e) is
submitted to each member of the Committees on the Ju-
diciary and Appropriations of both the House of Rep-
resentatives and the Senate and the Congress does not by
law block or prevent the obligation of such funds. Such
funds shall be treated as a reprogramming of funds
under section 605 of the Department of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Ap-
propriations Act, 1997, and shall not be available for ob-
ligation or expenditure except in compliance with the pro-
cedures set forth in that section and this section.
‘‘(e) IMPLEMENTATION PLAN.—The implementa-
tion plan shall include:
‘‘(1) the law enforcement assistance capability
requirements and an explanation of law enforce-
ment’s recommended interface;
‘‘(2) the proposed actual and maximum capac-
ity requirements for the number of simultaneous law
enforcement communications intercepts, pen reg-
isters, and trap and trace devices that authorized
law enforcement agencies may seek to conduct, set
forth on a county-by-county basis for wireline serv-
ices and on a market service area basis for wireless
services, and the historical baseline of electronic sur-
veillance activity upon which such capacity require-
ments are based;
‘‘(3) a prioritized list of carrier equipment, fa-
cilities, and services deployed on or before January
1, 1995, to be modified by carriers at the request of
law enforcement based on its investigative needs;
‘‘(4) a projected reimbursement plan that esti-
mates the cost for the coming fiscal year and for
each 
fiscal 
year 
thereafter, 
based 
on 
the
prioritization of law enforcement needs as outlined
in (3), of modification by carriers of equipment, fa-
cilities and services, installed on or before January
1, 1995.
‘‘(f) ANNUAL REPORT TO THE CONGRESS.—The
Attorney General shall submit to the Congress each year
a report specifically detailing all deposits and expendi-
tures made pursuant to this Act in each fiscal year. This
report shall be submitted to each member of the Commit-
tees on the Judiciary and Appropriations of both the
House of Representatives and the Senate, and to the
Speaker and minority leader of the House of Representa-
tives and to the majority and minority leaders of the Sen-
ate, no later than 60 days after the end of each fiscal
year.’’.
SEC. 111. It is the sense of the Congress that the
Drug Enforcement Administration, together with other
appropriate Federal agencies, should take such actions as
may be necessary to end the illegal importation into the
United States of Rohypnol (Flunitrazepam), a drug fre-
quently distributed with the intent to facilitate sexual as-
sault and rape.
SEC. 112. Section 1402 of the Victims of Crime
Act of 1984, as amended (42 U.S.C. 10601), is amended
at subsection (e) by deleting ‘‘2’’ and inserting ‘‘3’’, and
at subsection (d) by adding a new paragraph (5) as fol-
lows:
‘‘(5) The Director may set aside up to
$500,000 of the reserve fund described in paragraph
(4) to make supplemental grants to United States
Attorneys Offices to provide necessary assistance to
victims of the bombing of the Alfred P. Murrah Fed-
eral Building in Oklahoma City, to facilitate obser-
vation of and/or participation by such victims in trial
proceedings arising therefrom, including, without
limitation, provision of lodging and travel assistance,
and to pay such other, related expenses determined
to be necessary by the Director.’’.
SEC. 113. Section 732 of Public Law 104–132
(110 Stat. 1303; 18 U.S.C. 841 note) is amended—
(1) in subsection (a), by adding at the end the
following new paragraph:
‘‘(3) NEW
PREVENTION
TECHNOLOGIES.—In
addition to the study of taggants as provided herein,
the Secretary, in consultation with the Attorney
General, shall concurrently report to the Congress
on the possible use, and exploitation of technologies
such as vapor detection devices, computed tomog-
raphy, nuclear quadropole resonance, thermal neu-
tron analysis, pulsed fast-neutron analysis, and
other technologies upon which recommendations to
the Congress may be made for further study, fund-
ing, and use of the same in preventing and solving
acts of terrorism involving explosive devices.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) SPECIAL STUDY.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(a), the Secretary of the Treasury shall enter into a
contract with the National Academy of Sciences (re-
ferred to in this section as the ‘Academy’) to con-
duct a study of the tagging of smokeless and black
powder by any viable technology for purposes of de-
tection and identification. The study shall be con-
ducted by an independent panel of 5 experts ap-
pointed by the Academy.
‘‘(2) STUDY ELEMENTS.—The study conducted
under this subsection shall—
‘‘(A) indicate whether the tracer elements,
when added to smokeless and black powder—
‘‘(i) will pose a risk to human life or
safety;
‘‘(ii) will substantially assist law en-
forcement officers in their investigative ef-
forts;
‘‘(iii) will impair the quality and per-
formance of the powders (which shall in-
clude a broad and comprehensive sampling
of all available powders) for their intended
lawful use, including, but not limited to the
sporting, defense, and handloading uses of
the powders, as well as their use in display
and lawful consumer pyrotechnics;
‘‘(iv) will have a substantially adverse
effect on the environment;
‘‘(v) will incur costs which outweigh
the benefits of their inclusion, including an
evaluation of the probable production and
regulatory cost of compliance to the indus-
try, and the costs and effects on consum-
ers, including the effect on the demand for
ammunition; and
‘‘(vi) can be evaded, and with what
degree of difficulty, by terrorists or terror-
ist organizations, including evading tracer
elements by the use of precursor chemicals
to make black or other powders; and
‘‘(B) provide for consultation on the study
with Federal, State, and local officials, non-gov-
ernmental organizations, including all national
police organizations, national sporting organiza-
tions, and national industry associations with
expertise in this area and such other individuals
as shall be deemed necessary.
‘‘(3) REPORT
AND
COSTS.—The study con-
ducted under this subsection shall be presented to
Congress 12 months after the enactment of this sub-
section and be made available to the public, includ-
ing any data tapes or data used to form such rec-
ommendations. There are authorized to be appro-
priated such sums as may be necessary to carry out
the study.’’.
SEC. 114. (a) Section 524(c)(1) of title 28, United
States Code, is amended in the first sentence following
the second subparagraph (I) by deleting ‘‘(C),’’.
(b) Section 524 (c)(8)(A) is amended by deleting
‘‘(C),’’.
SEC. 115. Effective with the enactment of this Act
and in any fiscal year hereafter, under policies estab-
lished by the Attorney General, the Department of Jus-
tice may reimburse employees who are paid by an appro-
priation account within the Department of Justice and
are traveling on behalf of the United States in temporary
duty status to investigate, prosecute, or litigate (includ-
ing the provision of support therefor) a criminal or civil
matter, or for other similar special circumstances, for
Federal, State, and local taxes heretofore and hereafter
resulting from any reimbursement of travel expenses
from an appropriation account within the Department of
Justice: Provided, That such reimbursement may include
an amount equal to all income taxes for which the em-
ployee would be liable due to such reimbursement.
SEC. 116. Section 524 of title 28, United States
Code, is amended by adding a new subsection (d) as fol-
lows:
‘‘(d)(1) The Attorney General may accept, hold,
administer, and use gifts, devises, and bequests of any
property for the purpose of aiding or facilitating the work
of the Department of Justice.
‘‘(2) Gifts, devises, and bequests of money, the
proceeds of sale or liquidation of any other property ac-
cepted hereunder, and any income accruing from any
property accepted hereunder—
‘‘(A) shall be deposited in the Treasury in a
separate fund and held in trust by the Secretary of
the Treasury for the benefit of the Department of
Justice; and
‘‘(B) are hereby appropriated, without fiscal
year limitation, and shall be disbursed on order of
the Attorney General.
‘‘(3) Upon request of the Attorney General, the
Secretary of the Treasury may invest and reinvest the
fund described herein in public debt securities with matu-
rities suitable for the needs of the fund and bearing in-
terest at rates determined by the Secretary of the Treas-
ury, taking into consideration the current average market
yield on outstanding marketable obligations of the United
States or comparable maturities.
‘‘(4) Evidences of any intangible personal property
(other than money) accepted hereunder shall be deposited
with the Secretary of the Treasury, who may hold or liq-
uidate them, except that they shall be liquidated upon the
request of the Attorney General.
‘‘(5) For purposes of federal income, estate, and
gift taxes, property accepted hereunder shall be consid-
ered a gift, devise, or bequest to, or for the use of, the
United States.’’.
SEC. 117. Section 524(c)(9), of title 28, United
States Code, is amended to read as follows:
‘‘(9)(A) Following the completion of procedures
for the forfeiture of property pursuant to any law
enforced or administered by the Department, the At-
torney General is authorized, in her discretion, to
warrant clear title to any subsequent purchaser or
transferee of such property.
‘‘(B) For fiscal year 1997, the Attorney Gen-
eral is authorized to transfer, under such terms and
conditions as the Attorney General shall specify, real
or personal property of limited or marginal value, to
a State or local government agency, or its designated
contractor or transferee, for use to support drug
abuse treatment, drug and crime prevention and
education, housing, job skills, and other community-
based public health and safety programs. Such
transfer shall not create or confer any private right
of action in any person against the United States.’’.
SEC. 118. Section 594(b)(3)(A) of title 28 United
States Code, is amended in the second sentence by—
(a) striking ‘‘by 6 months’’ and inserting ‘‘for
successive 6-month periods’’; and
(b) striking the phrase ‘‘employee assigned du-
ties under subsection (l)(1)(A)(iii) certifies’’ and in-
serting ‘‘independent counsel and the division of the
court certify’’; and
(c) striking ‘‘such employee’’ and inserting ‘‘the
independent counsel’’ and ‘‘the division of the
court’’.
SEC. 119. This section may be cited as the ‘‘Age
Discrimination in Employment Amendments of 1996’’.
Subsection 1. Age Discrimination Amendment
(a) REPEAL OF REPEALER.—Section 3(b) of the
Age Discrimination in Employment Amendments of 1986
(29 U.S.C. 623 note) is repealed.
(b) EXEMPTION.—Section 4(j) of the Age Dis-
crimination in Employment Act of 1967 (29 U.S.C.
623(j)), as in effect immediately before December 31,
1993—
(1) is reenacted as such section; and
(2) as so reenacted, is amended in paragraph
(1) by striking ‘‘and the individual has attained the
age’’ and all that follows through ‘‘1983, and’’ and
inserting the following: ‘‘, the employer has complied
with section 3(d)(2) of the Age Discrimination in
Employment Amendments of 1996 if the individual
was discharged after the date described in such sec-
tion, and the individual has attained—
‘‘(A) the age of hiring or retirement, re-
spectively, in effect under applicable State or
local law on March 3, 1983; or
‘‘(B)(i) if the individual was not hired, the
age of hiring in effect on the date of such fail-
ure or refusal to hire under applicable State or
local law enacted after the date of enactment of
the Age Discrimination in Employment Amend-
ments of 1996; or
‘‘(ii) if applicable State or local law was
enacted after the date of enactment of the Age
Discrimination in Employment Amendments of
1996 and the individual was discharged, the
higher of—
‘‘(I) the age of retirement in effect on
the date of such discharge under such law;
and
‘‘(II) age 55; and’’.
(c) CONSTRUCTION.—Nothing in the repeal, reen-
actment, and amendment made by subsections (a) and
(b) shall be construed to make lawful the failure or re-
fusal to hire, or the discharge of, an individual pursuant
to a law that—
(1) was enacted after March 3, 1983 and before
the date of enactment of the Age Discrimination in
Employment Amendments of 1996; and
(2) lowered the age of hiring or retirement, re-
spectively, for firefighters or law enforcement offi-
cers that was in effect under applicable State or
local law on March 3, 1983.
Subsection 2. Study and Guidelines for Performance
Tests
(a) STUDY.—Not later than 3 years after the date
of enactment of this Act, the Secretary of Health and
Human Services, acting through the Director of the Na-
tional Institute for Occupational Safety and Health (re-
ferred to in this section as the ‘‘Secretary’’), shall con-
duct, directly or by contract, a study, and shall submit
to the appropriate committees of Congress a report based
on the results of the study that shall include—
(1) a list and description of all tests available
for the assessment of abilities important for the
completion of public safety tasks performed by law
enforcement officers and firefighters.
(2) a list of the public safety tasks for which
adequate tests described in paragraph (1) do not
exist;
(3) a description of the technical characteristics
that the tests shall meet to be in compliance with
applicable Federal civil rights law and policies;
(4) a description of the alternative methods
that are available for determining minimally accept-
able performance standards on the tests;
(5) a description of the administrative stand-
ards that should be met in the administration, scor-
ing, and score interpretation of the tests; and
(6) an examination of the extent to which the
tests are cost-effective, are safe, and comply with the
Federal civil rights law and policies.
(b) CONSULTATION REQUIREMENT; OPPORTUNITY
FOR PUBLIC COMMENT.—
(1) CONSULTATION.—The Secretary shall, dur-
ing the conduct of the study required by subsection
(a), consult with—
(A) the Deputy Administrator of the Unit-
ed States Fire Administration:
(B) the Director of the Federal Emergency
Management Agency;
(C) organizations that represent law en-
forcement officers, firefighters, and employers
of the officers and firefighters; and
(D) organizations that represent older indi-
viduals.
(2) PUBLIC
COMMENT.—Prior to issuing the
advisory guidelines required in subsection (c), the
Secretary shall provide an opportunity for public
comment on the proposal advisory guidelines.
(c) ADVISORY GUIDELINES.—Not later than 4
years after the date of enactment of this Act, the Sec-
retary shall develop and issue, based on the results of the
study required by subsection (a), advisory guidelines for
the administration and use of physical and mental fitness
tests to measure the ability and competency of law en-
forcement officers and firefighters to perform the require-
ments of the jobs of the officers and firefighters.
(d) JOB PERFORMANCE TESTS.—
(1) IDENTIFICATION OF TESTS.—After issuance
of the advisory guidelines described in subsection
(c), the Secretary shall issue regulations identifying
valid, nondiscriminatory job performance tests that
shall be used by employers seeking the exemption
described in section 4(j) of the Age Discrimination
in Employment Act of 1967 with respect to fire-
fighters or law enforcement officers who have at-
tained an age of retirement described in such section
4(j).
(2) USE OF TESTS.—Effective on the date of is-
suance of the regulations described in paragraph (1),
any employer seeking such exemption with respect to
a firefighter or law enforcement officer who has at-
tained such age shall provide to each firefighter or
law enforcement officer who has attained such age
an annual opportunity to demonstrate physical and
mental fitness by passing a test described in para-
graph (1), in order to continue employment.
(e) 
DEVELOPMENT
OF
STANDARDS
FOR
WELLNESS PROGRAMS.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall propose
advisory standards for wellness programs for law enforce-
ment officers and firefighters.
(f) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated $5,000,000 to carry out
this section.
Subsection 3. Effective Dates
(a) GENERAL EFFECTIVE DATE.—Except as pro-
vided in subsection (b), this title and the amendments
made by this title shall take effect on the date of enact-
ment of this Act.
(b) SPECIAL
EFFECTIVE
DATE.—The repeal
made by section 2(a) and the reenactment made by sec-
tion 2(b)(1) shall take effect on December 31, 1993.
SEC. 120. Section 320935(e) of the Violent Crime
Control and Law Enforcement Act of 1994 is amended
by inserting ’’, including all trials commenced on or after
the effective date of such amendments’’ after ‘‘such
amendments’’.
SEC. 121. This section may be cited as the ‘‘Child
Pornography Prevention Act of 1996’’.
Subsection 1. Findings
Congress finds that—
(1) the use of children in the production of sex-
ually explicit material, including photographs, films,
videos, computer images, and other visual depictions,
is a form of sexual abuse which can result in phys-
ical or psychological harm, or both, to the children
involved;
(2) where children are used in its production,
child pornography permanently records the victim’s
abuse, and its continued existence causes the child
victims of sexual abuse continuing harm by haunting
those children in future years;
(3) child pornography is often used as part of
a method of seducing other children into sexual ac-
tivity; a child who is reluctant to engage in sexual
activity with an adult, or to pose for sexually explicit
photographs, can sometimes be convinced by viewing
depictions of other children ‘‘having fun’’ participat-
ing in such activity;
(4) child pornography is often used by
pedophiles and child sexual abusers to stimulate and
whet their own sexual appetites, and as a model for
sexual acting out with children; such use of child
pornography can desensitize the viewer to the pa-
thology of sexual abuse or exploitation of children,
so that it can become acceptable to and even pre-
ferred by the viewer;
(5) new photographic and computer imagining
technologies make it possible to produce by elec-
tronic, mechanical, or other means, visual depictions
of what appear to be children engaging in sexually
explicit conduct that are virtually indistinguishable
to the unsuspecting viewer from unretouched photo-
graphic images of actual children engaging in sexu-
ally explicit conduct;
(6) computers and computer imaging tech-
nology can be used to—
(A) alter sexually explicit photographs,
films, and videos in such a way as to make it
virtually impossible for unsuspecting viewers to
identify individuals, or to determine if the of-
fending material was produced using children;
(B) produce visual depictions of child sex-
ual activity designed to satisfy the preferences
of individual child molesters, pedophiles, and
pornography collectors; and
(C) alter innocent pictures of children to
create visual depictions of those children engag-
ing in sexual conduct;
(7) the creation or distribution of child pornog-
raphy which includes an image of a recognizable
minor invades the child’s privacy and reputational
interests, since images that are created showing a
child’s face or other identifiable feature on a body
engaging in sexually explicit conduct can haunt the
minor for years to come;
(8) the effect of visual depictions of child sexual
activity on a child molester or pedophile using that
material to stimulate or whet his own sexual appe-
tites, or on a child where the material is being used
as a means of seducing or breaking down the child’s
inhibitions to sexual abuse or exploitation, is the
same whether the child pornography consists of pho-
tographic depictions of actual children or visual de-
pictions produced wholly or in part by electronic,
mechanical, or other means, including by computer,
which 
are 
virtually 
indistinguishable 
to 
the
unsuspecting viewer from photographic images of ac-
tual children;
(9) the danger to children who are seduced and
molested with the aid of child sex pictures is just as
great when the child pornographer or child molester
uses visual depictions of child sexual activity pro-
duced wholly or in part by electronic, mechanical, or
other means, including by computer, as when the
material consists of unretouched photographic im-
ages of actual children engaging in sexually explicit
conduct;
(10)(A) the existence of and traffic in child por-
nographic images creates the potential for many
types of harm in the community and presents a clear
and present danger to all children; and
(B) it inflames the desires of child molesters,
pedophiles, and child pornographers who prey on
children, thereby increasing the creation and dis-
tribution of child pornography and the sexual abuse
and exploitation of actual children who are victim-
ized as a result of the existence and use of these ma-
terials;
(11)(A) the sexualization and eroticization of
minors through any form of child pornographic im-
ages has a deleterious effect on all children by en-
couraging a societal perception of children as sexual
objects and leading to further sexual abuse and ex-
ploitation of them; and
(B) this sexualization of minors creates an un-
wholesome environment which affects the psycho-
logical, mental and emotional development of chil-
dren and undermines the efforts of parents and fam-
ilies to encourage the sound mental, moral and emo-
tional development of children;
(12) prohibiting the possession and viewing of
child pornography will encourage the possessors of
such material to rid themselves of or destroy the ma-
terial, thereby helping to protect the victims of child
pornography and to eliminate the market for the
sexual exploitative use of children; and
(13) the elimination of child pornography and
the protection of children from sexual exploitation
provide a compelling governmental interest for pro-
hibiting the production, distribution, possession,
sale, or viewing of visual depictions of children en-
gaging in sexually explicit conduct, including both
photographic images of actual children engaging in
such conduct and depictions produced by computer
or other means which are virtually indistinguishable
to the unsuspecting viewer from photographic im-
ages of actual children engaging in such conduct.
Subsection 2. Definitions
Section 2256 of title 18, United States Code, is
amended—
(1) in paragraph (5), by inserting before the
semicolon the following: ‘‘, and data stored on com-
puter disk or by electronic means which is capable
of conversion into a visual image’’;
(2) in paragraph (6), by striking ‘‘and’’;
(3) in paragraph (7), by striking the period and
inserting a semicolon; and
(4) by adding at the end the following new
paragraphs:
‘‘(8) ‘child pornography’ means any visual de-
piction, including any photograph, film, video, pic-
ture, or computer or computer-generated image or
picture, whether made or produced by electronic,
mechanical, or other means, of sexually explicit con-
duct, where—
‘‘(A) the production of such visual depic-
tion involves the use of a minor engaging in
sexually explicit conduct;
‘‘(B) such visual depiction is, or appears to
be, of a minor engaging in sexually explicit con-
duct;
‘‘(C) such visual depiction has been cre-
ated, adapted, or modified to appear that an
identifiable minor is engaging in sexually ex-
plicit conduct; or
‘‘(D) such visual depiction is advertised,
promoted, presented, described, or distributed
in such a manner that conveys the impression
that the material is or contains a visual depic-
tion of a minor engaging in sexually explicit
conduct; and
‘‘(9) ‘identifiable minor’—
‘‘(A) means a person—
‘‘(i)(I) who was a minor at the time
the visual depiction was created, adapted,
or modified; or
‘‘(II) whose image as a minor was
used in creating, adapting, or modifying
the visual depiction; and
‘‘(ii) who is recognizable as an actual
person by the person’s face, likeness, or
other distinguishing characteristic, such as
a unique birthmark or other recognizable
feature; and
‘‘(B) shall not be construed to require
proof of the actual identity of the identifiable
minor.’’.
Subsection 3. Prohibited Activities Relating to Mate-
rial Constituting or Containing Child
Pornography
(a) IN GENERAL.—Chapter 110 of title 18, United
States Code, is amended by adding after section 2252 the
following:
‘‘§ 2252A. Certain activities relating to material con-
stituting or containing child pornography
‘‘(a) Any person who—
‘‘(1) knowingly mails, or transports or ships in
interstate or foreign commerce by any means, in-
cluding by computer, any child pornography;
‘‘(2) knowingly receives or distributes—
‘‘(A) any child pornography that has been
mailed, or shipped or transported in interstate
or foreign commerce by any means, including
by computer; or
‘‘(B) any material that contains child por-
nography that has been mailed, or shipped or
transported in interstate or foreign commerce
by any means, including by computer;
‘‘(3) knowingly reproduces any child pornog-
raphy for distribution through the mails, or in inter-
state or foreign commerce by any means, including
by computer;
‘‘(4) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or other-
wise used by or under the control of the United
States Government, or in the Indian country
(as defined in section 1151), knowingly sells or
possesses with the intent to sell any child por-
nography; or
‘‘(B) knowingly sells or possesses with the
intent to sell any child pornography that has
been mailed, or shipped or transported in inter-
state or foreign commerce by any means, in-
cluding by computer, or that was produced
using materials that have been mailed, or
shipped or transported in interstate or foreign
commerce by any means, including by com-
puter; or
‘‘(5) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or other-
wise used by or under the control of the United
States Government, or in the Indian country
(as defined in section 1151), knowingly pos-
sesses any book, magazine, periodical, film, vid-
eotape, computer disk, or any other material
that contains 3 or more images of child pornog-
raphy; or
‘‘(B) knowingly possesses any book, maga-
zine, periodical, film, videotape, computer disk,
or any other material that contains 3 or more
images of child pornography that has been
mailed, or shipped or transported in interstate
or foreign commerce by any means, including
by computer, or that was produced using mate-
rials that have been mailed, or shipped or
transported in interstate or foreign commerce
by any means, including by computer,
shall be punished as provided in subsection (b).
‘‘(b)(1) Whoever violates, or attempts or conspires to
violate, paragraphs (1), (2), (3), or (4) of subsection (a)
shall be fined under this title or imprisoned not more than
15 years, or both, but, if such person has a prior convic-
tion under this chapter or chapter 109A, or under the laws
of any State relating to aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or
ward, or the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornog-
raphy, such person shall be fined under this title and im-
prisoned for not less than 5 years nor more than 30 years.
‘‘(2) Whoever violates, or attempts or conspires to
violate, subsection (a)(5) shall be fined under this title or
imprisoned not more than 5 years, or both, but, if such
person has a prior conviction under this chapter or chapter
109A, or under the laws of any State relating to the pos-
session of child pornography, such person shall be fined
under this title and imprisoned for not less than 2 years
nor more than 10 years.
‘‘(c) It shall be an affirmative defense to a charge
of violating paragraphs (1), (2), (3), or (4) of subsection
(a) that—
‘‘(1) the alleged child pornography was pro-
duced using an actual person or persons engaging in
sexually explicit conduct;
‘‘(2) each such person was an adult at the time
the material was produced; and
‘‘(3) the defendant did not advertise, promote,
present, describe, or distribute the material in such
a manner as to convey the impression that it is or
contains a visual depiction of a minor engaging in
sexually explicit conduct.’’.
(b) TECHNICAL AMENDMENT.—The table of sec-
tions for chapter 110 of title 18, United States Code, is
amended by adding after the item relating to section
2252 the following:
‘‘2252A. Certain activities relating to material constituting or containing child
pornography.’’.
Subsection 4. Penalties for Sexual Exploitation of
Children.
Section 2251(d) of title 18, United States Code,
is amended to read as follows:
‘‘(d) Any individual who violates, or attempts or
conspires to violate, this section shall be fined under this
title or imprisoned not less than 10 years nor more than
20 years, or both, but if such person has one prior con-
viction under this chapter or chapter 109A, or under the
laws of any State relating to the sexual exploitation of
children, such person shall be fined under this title and
imprisoned for not less than 15 years nor more than 30
years, but if such person has 2 or more prior convictions
under this chapter or chapter 109A, or under the laws
of any State relating to the sexual exploitation of chil-
dren, such person shall be fined under this title and im-
prisoned not less than 30 years nor more than life. Any
organization that violates, or attempts or conspires to
violate, this section shall be fined under this title. Who-
ever, in the course of an offense under this section, en-
gages in conduct that results in the death of a person,
shall be punished by death or imprisoned for any term
of years or for life.’’.
Subsection 5. Material Involving Sexual Exploitation
of Minors
Section 2252 of title 18, United States Code, is
amended by striking subsection (b) and inserting the fol-
lowing:
‘‘(b)(1) Whoever violates, or attempts or conspires
to violate, paragraphs (1), (2), or (3) of subsection (a)
shall be fined under this title or imprisoned not more
than 15 years, or both, but if such person has a prior
conviction under this chapter or chapter 109A, or under
the laws of any State relating to aggravated sexual
abuse, sexual abuse, or abusive sexual conduct involving
a minor or ward, or the production, possession, receipt,
mailing, sale, distribution, shipment, or transportation of
child pornography, such person shall be fined under this
title and imprisoned for not less than 5 years nor more
than 30 years.
‘‘(2) Whoever violates, or attempts or conspires to
violate, paragraph (4) of subsection (a) shall be fined
under this title or imprisoned not more than 5 years, or
both, but if such person has a prior conviction under this
chapter or chapter 109A, or under the laws of any State
relating to the possession of child pornography, such per-
son shall be fined under this title and imprisoned for not
less than 2 years nor more than 10 years.’’.
Subsection 6. Privacy Protection Act Amendments
Section 101 of the Privacy Protection Act of 1980
(42 U.S.C. 2000aa) is amended—
(1) in subsection (a)(1), by inserting before the
parenthesis at the end the following: ‘‘, or if the of-
fense involves the production, possession, receipt,
mailing, sale, distribution, shipment, or transpor-
tation of child pornography, the sexual exploitation
of children, or the sale or purchase of children under
section 2251, 2251A, 2252, or 2252A of title 18,
United States Code’’; and
(2) in subsection (b)(1), by inserting before the
parenthesis at the end the following: ‘‘, or if the of-
fense involves the production, possession, receipt,
mailing, sale, distribution, shipment, or transpor-
tation of child pornography, the sexual exploitation
of children, or the sale or purchase of children under
section 2251, 2251A, 2252, or 2252A of title 18,
United States Code’’.
Subsection 7. Amber Hagerman Child Protection Act
of 1996
(a) SHORT TITLE.—This section may be cited as
the ‘‘Amber Hagerman Child Protection Act of 1996’’.
(b) AGGRAVATED SEXUAL ABUSE OF A MINOR.—
Section 2241(c) of title 18, United States Code, is
amended to read as follows:
‘‘(c) WITH CHILDREN.—Whoever crosses a State
line with intent to engage in a sexual act with a person
who has not attained the age of 12 years, or in the spe-
cial maritime and territorial jurisdiction of the United
States or in a Federal prison, knowingly engages in a
sexual act with another person who has not attained the
age of 12 years, or knowingly engages in a sexual act
under the circumstances described in subsections (a) and
(b) with another person who has attained the age of 12
years but has not attained the age of 16 years (and is
at least 4 years younger than that person), or attempts
to do so, shall be fined under this title, imprisoned for
any term of years or life, or both. If the defendant has
previously been convicted of another Federal offense
under this subsection, or of a State offense that would
have been an offense under either such provision had the
offense occurred in a Federal prison, unless the death
penalty is imposed, the defendant shall be sentenced to
life in prison.’’.
(c) SEXUAL
ABUSE
OF
A
MINOR.—Section
2243(a) of title 18, United States Code, is amended by
inserting ‘‘crosses a State line with intent to engage in
a sexual act with a person who has not attained the age
of 12 years, or’’ after ‘‘Whoever’’.
Subsection 8. Severability
If any provision of this Act, including any provi-
sion or section of the definition of the term child pornog-
raphy, an amendment made by this Act, or the applica-
tion of such provision or amendment to any person or cir-
cumstance is held to be unconstitutional, the remainder
of this Act, including any other provision or section of
the definition of the term child pornography, the amend-
ments made by this Act, and the application of such to
any other person or circumstance shall not be affected
thereby.
This title may be cited as the ‘‘Department of
Justice Appropriations Act, 1997’’.
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 pas-
senger motor vehicles and the employment of experts and
consultants 
as 
authorized 
by 
U.S.C. 
3109,
$21,449,000, 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.
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
expenses, $40,850,000, to remain available until ex-
pended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade ac-
tivities 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 3703; full
medical 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; employment of Americans and aliens by
contract for services; rental of space abroad for periods
not exceeding ten years, and expenses of alteration, re-
pair, or improvement; purchase or construction of tem-
porary 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 of-
ficial representation expenses abroad; purchase of pas-
senger motor vehicles for official use abroad, not to ex-
ceed $30,000 per vehicle; obtain insurance on official
motor vehicles; and rent tie lines and teletype equipment;
$270,000,000, 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 Edu-
cational 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 Competitiveness Act of 1988 (15 U.S.C.
4912); and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cul-
tural Exchange Act shall include payment for assess-
ments 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 perform-
ance of export administration field activities both domes-
tically and abroad; full medical coverage for dependent
members of immediate families of employees stationed
overseas; employment of Americans and aliens by con-
tract for services abroad; rental of space abroad for peri-
ods 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 representation expenses
abroad; awards of compensation to informers 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 otherwise estab-
lished by law; $36,000,000, to remain available until ex-
pended: Provided, That the provisions of the first sen-
tence 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: 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 administration and national security activities of
the Department of Commerce and other export control
programs of the United States and other governments.
For an additional amount for nonproliferation ef-
forts to prevent illegal exports of chemical weapon pre-
cursors, biological agents, nuclear weapons and missile
development equipment, $3,900,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance
as provided by the Public Works and Economic Develop-
ment Act of 1965, as amended, Public Law 91–304, and
such laws that were in effect immediately before Septem-
ber 30, 1982, and for trade adjustment assistance,
$328,500,000: Provided, That none of the funds appro-
priated or otherwise made available under this heading
may be used directly or indirectly for attorneys’ or con-
sultants’ fees in connection with securing grants and con-
tracts made by the Economic Development Administra-
tion: Provided further, That, notwithstanding 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 closure or realign-
ment to grantees eligible for assistance under the Public
Works and Economic Development Act of 1965, as
amended, without it being required that the grantee have
title or ability to obtain a lease for the property, for the
useful life of the project, when in the opinion of the Sec-
retary of Commerce, such financial assistance is nec-
essary for the economic development of the area: Pro-
vided further, That the Secretary of Commerce may, as
the Secretary considers appropriate, consult with the Sec-
retary of Defense regarding the title to land on military
installations closed or scheduled for closure or realign-
ment.
SALARIES AND EXPENSES
For necessary expenses of administering the eco-
nomic development assistance programs as provided for
by law, $20,036,000: 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 Emergency 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 minor-
ity business enterprise, including expenses of grants, con-
tracts, and other agreements with public or private orga-
nizations, $28,000,000: Provided, That of the total
amount provided, $2,000,000 shall be available for obli-
gation and expenditure only for projects jointly devel-
oped, implemented and administered with the Small
Business Administration.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of
economic and statistical analysis programs of the Depart-
ment of Commerce, $45,900,000, to remain available
until September 30, 1998.
ECONOMICS AND STATISTICS ADMINISTRATION
REVOLVING FUND
The Secretary of Commerce is authorized to dis-
seminate economic and statistical data products as au-
thorized by sections 1, 2, and 4 of Public Law 91–412
(15 U.S.C. 1525–1527) and, notwithstanding section
5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912), charge fees necessary to recover
the full costs incurred in their production. Notwithstand-
ing 31 U.S.C. 3302, receipts 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,
analyzing, preparing, and publishing statistics, provided
for by law, $135,000,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to collect and publish sta-
tistics for periodic censuses and programs provided for by
law, $210,500,000, 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 Ad-
ministration (NTIA), $15,000,000, to remain available
until expended: Provided, That notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge
Federal agencies for costs incurred in spectrum manage-
ment, analysis, and operations, and related services and
such fees shall be retained and used as offsetting collec-
tions for costs of such spectrum services, to remain avail-
able until expended: Provided further, 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 reim-
bursement as required by NTIA for such spectrum man-
agement costs, and Federal entities withholding payment
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
previously transferred, from other Government agencies
for all costs incurred in telecommunications research, en-
gineering, and related activities by the Institute for Tele-
communication Sciences of the NTIA, in furtherance of
its assigned functions under this paragraph, and such
funds received from other Government agencies shall re-
main available until expended.
PUBLIC BROADCASTING FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Com-
munications Act of 1934, as amended, $15,250,000, 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 notwithstanding 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.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Com-
munications Act of 1934, as amended, $21,490,000, 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 tele-
communications research activities for projects related di-
rectly to the development of a national information infra-
structure: Provided further, That notwithstanding the re-
quirements of section 392(a) and 392(c) of the Act, these
funds may be used for the planning and construction of
telecommunications networks for the provision of edu-
cational, 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 Trade-
mark Office provided for by law, including defense of
suits instituted against the Commissioner of Patents and
Trademarks, $61,252,000, to remain available until ex-
pended: Provided, That the funds made available under
this heading are to be derived from deposits in the Pat-
ent and Trademark Office Fee Surcharge Fund as au-
thorized by law: Provided further, That the amounts
made available under the Fund shall not exceed amounts
deposited; and such fees as shall be collected pursuant to
15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain
available until expended.
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, $9,500,000:
Provided, That $2,500,000 of the total amount provided
under this heading shall be available to support the Unit-
ed States-Israel Science and Technology Commission.
SCIENCE AND TECHNOLOGY
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute
of Standards and Technology, $268,000,000, to remain
available until expended, of which not to exceed
$1,625,000 may be transferred to the ‘‘Working Capital
Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Ex-
tension Partnership of the National Institute of Stand-
ards and Technology, $95,000,000, to remain available
until expended, of which not to exceed $300,000 may be
transferred to the ‘‘Working Capital Fund’’: Provided,
That notwithstanding 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 Sec-
retary of Commerce to Regional 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 re-
newal to a positive evaluation of the Center 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 Manufactur-
ing Technology Program.
In addition, for necessary expenses of the Ad-
vanced Technology Program of the National Institute of
Standards and Technology, $225,000,000, to remain
available until expended, of which not to exceed $500,000
may be transferred to the ‘‘Working Capital Fund.’’
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 Adminis-
tration, including acquisition, maintenance, operation,
and hire of aircraft; not to exceed 299 commissioned offi-
cers on the active list as of September 30, 1997; grants,
contracts, or other payments to nonprofit organizations
for the purposes of conducting activities pursuant to co-
operative agreements; and alteration, modernization, and
relocation of facilities as authorized by 33 U.S.C. 883i;
$1,854,067,000, to remain available until expended: Pro-
vided, That notwithstanding 31 U.S.C. 3302 but consist-
ent with other existing law, fees shall be assessed, col-
lected, and credited to this appropriation as offsetting
collections to be available until expended, 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 1997, so as to result in
a final general fund appropriation estimated at not more
than $1,851,067,000: Provided further, That any such
additional fees received in excess of $3,000,000 in fiscal
year 1997 shall not be available for obligation until Octo-
ber 1, 1997: Provided further, That fees and donations
received by the National Ocean Service for the manage-
ment of the national marine sanctuaries may be retained
and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Pro-
vided further, That in addition, $66,000,000 shall be de-
rived by transfer from the fund entitled ‘‘Promote and
Develop Fishery Products and Research Pertaining to
American 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 ex-
ceed $2,000,000: Provided further, That not later than
November 15, 1996, the Department of Commerce, in
conjunction with the National Oceanic and Atmospheric
Administration, shall submit to the appropriate commit-
tees of the Congress, a long-term plan and a legislative
proposal necessary to implement such plan regarding the
continuation of a National Oceanic and Atmospheric Ad-
ministration commissioned corps.
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,
existing facilities and construction of new facilities, and
for facility planning and design and land acquisition not
otherwise provided for the National Oceanic and Atmos-
pheric Administration, $58,250,000, to remain available
until expended, of which $8,500,000 shall be available
only for a grant to the University of New Hampshire for
construction and related expenses for an environmental
technology facility.
FLEET MODERNIZATION, SHIPBUILDING AND
CONVERSION
For expenses necessary for the repair, acquisition,
leasing, or conversion of vessels, including related equip-
ment to maintain and modernize the existing fleet and to
continue planning the modernization of the fleet, for the
National Oceanic and Atmospheric Administration,
$8,000,000, 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 de-
rived from receipts 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 ex-
pended.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Pub-
lic Law 95–372, not to exceed $1,000,000, to be derived
from receipts 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 amend-
ed (Public Law 96–339), the Magnuson Fishery Con-
servation and Management Act of 1976, as amended
(Public Law 100–627), and the American Fisheries Pro-
motion 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 $196,000, to re-
main available until expended.
FISHING VESSEL OBLIGATIONS GUARANTEES
For the cost of guaranteed loans, $250,000, as
authorized by the Merchant Marine Act of 1936, as
amended: Provided, 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 fur-
ther, That none of the funds made available under this
heading may be used to guarantee loans for any new fish-
ing vessel that will increase the harvesting capacity in
any United States fishery.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the general adminis-
tration of the Department of Commerce provided for by
law, including not to exceed $3,000 for official entertain-
ment, $28,490,000.
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), $20,140,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the obligated and unobligated balances avail-
able under this heading, $16,000,000 are rescinded.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(RESCISSION)
Of the unobligated balances available under this
heading, $20,000,000 are rescinded.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applica-
ble appropriations and funds made available to the De-
partment 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, appro-
priations made available to the Department of Commerce
by this Act for salaries and expenses shall be available
for hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as au-
thorized 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 reconnais-
sance aircraft and activities that are under the control of
the United States Air Force or the United States Air
Force Reserve.
SEC. 204. None of the funds provided in this or
any previous Act, or hereinafter made available to the
Department of Commerce, shall be available to reimburse
the Unemployment Trust Fund or any other fund or ac-
count of the Treasury to pay for any expenses paid be-
fore 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 po-
sitions within the Bureau of the Census for purposes re-
lating to the 1990 decennial census of population.
SEC. 205. Not to exceed 5 percent of any appro-
priation made available for the current fiscal year for the
Department of Commerce 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
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. 206. (a) Should legislation be enacted to dis-
mantle or reorganize the Department of Commerce, the
Secretary of Commerce, no later than 90 days thereafter,
shall submit to the Committees on Appropriations of the
House and the Senate a plan for transferring funds pro-
vided in this Act to the appropriate successor organiza-
tions: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for
agencies or programs terminated under such legislation:
Provided further, That such plan shall be transmitted in
accordance with section 605 of this Act.
100
(b) The Secretary of Commerce or the appropriate
head of any successor organization(s) may use any avail-
able funds to carry out legislation dismantling or reor-
ganizing the Department of Commerce to cover the costs
of actions relating to the abolishment, reorganization, or
transfer of functions and any related personnel action, in-
cluding voluntary separation incentives if authorized by
such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be nec-
essary to carry out this section is provided in addition to
authorities included under section 205 of this Act: Pro-
vided further, That use of funds to carry out this section
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.
SEC. 207. Any costs incurred by a Department or
agency funded under this title resulting from personnel
actions taken in response to funding reductions included
in this title shall be absorbed within the total budgetary
resources available to such Department or agency: Pro-
vided, That the authority to transfer funds between ap-
propriations 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
101
to carry out this section shall be treated as a reprogram-
ming of funds under section 605 of this Act and shall not
be available for obligation or expenditure except in com-
pliance with the procedure set forth in that section.
SEC. 208. None of the funds appropriated under
this Act or any other Act henceforth may be used to de-
velop new fishery management plans, amendments, or
regulations which create new individual fishing quota pro-
grams (whether such quotas are transferable or not) or
to implement any such plans, amendments or regulations
approved by a Regional Fishery Management Council or
the Secretary after January 4, 1995, until offsetting fees
to pay for the cost of administering such plans, amend-
ments, or regulations are expressly authorized under the
Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.). This restriction shall also apply
to any program relating to the Gulf of Mexico commercial
red snapper fishery that authorizes the consolidation of
licenses, permits or endorsements that result in different
trip limits for vessels in the same class. This restriction
shall not apply in any way to the North Pacific halibut
and sablefish, South Atlantic wreckfish, or the Mid-At-
lantic surfclam and ocean (including mahogany) quohog
individual fishing quota programs. The term ‘‘individual
102
fishing quota’’ does not include a community development
quota.
SEC. 209. The Secretary may award contracts for
hydrographic, 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. 210. There is hereby established the Bureau
of the Census Working Capital Fund, which shall be
available without fiscal year limitation, for expenses and
equipment necessary for the maintenance and operation
of such services and projects as the Director of the Cen-
sus Bureau determines may be performed more advan-
tageously when centralized: Provided, That such central
services shall, to the fullest extent practicable, be used to
make unnecessary the maintenance of separate like serv-
ices in the divisions and offices of the Bureau: Provided
further, That a separate schedule of expenditures and re-
imbursements, and a statement 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 appropria-
tions of the Bureau and from funds of other agencies or
103
entities for services furnished pursuant to law: Provided
further, That any inventories, equipment, and other as-
sets pertaining to the services to be provided by such
funds, either on hand or on order, less the related liabil-
ities or unpaid obligations, and any appropriations made
hereafter for the purpose of providing capital, shall be
used to capitalize the Working Capital Fund: Provided
further, That the Working Capital Fund shall provide 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
processing software and hardware systems, and an
amount necessary to maintain a reasonable operating re-
serve as determined by the Director.
SEC. 211. (a) Effective 15 days after the enact-
ment of the Sustainable Fisheries Act, section 1 of the
Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801) shall be amended to read as follows:
‘‘That this Act may be cited as the ‘Magnuson-Stevens
Fishery Conservation and Management Act’.’’
(b) Effective 15 days after the enactment of the
Sustainable Fisheries Act, all references to the Magnuson
Fishery Conservation and Management Act shall be re-
designated as references to the Magnuson-Stevens Fish-
ery Conservation and Management Act.
104
This title may be cited as the ‘‘Department of
Commerce and Related Agencies Appropriations Act,
1997’’.
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the
Supreme 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
transporting 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;
$27,157,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to en-
able 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), $2,800,000, of which $260,000 shall
remain available until expended.
105
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, $15,013,000.
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, serv-
ices as authorized by 5 U.S.C. 3109, and necessary ex-
penses of the court, as authorized by law, $11,114,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the salaries of circuit and district judges (in-
cluding 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 Judi-
ciary not otherwise specifically provided for, and nec-
essary expenses of the courts, as authorized by law,
$2,556,000,000 (including the purchase of firearms and
ammunition); of which not to exceed $13,454,000 shall
106
remain available until expended for space alteration
projects; of which $500,000 shall be transferred to the
Commission on Structural Alternatives for the Federal
Courts of Appeals only after legislation is enacted to es-
tablish the Commission; of which not to exceed
$10,000,000 shall remain available until expended for
furniture and furnishings related to new space alteration
and construction projects; and of which $500,000 is to
remain available until expended for acquisition of books,
periodicals, and newspapers, and all other legal reference
materials, including subscriptions.
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 $2,390,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
For an additional amount for expenses relating to
additional workload from the Antiterrorism and Effective
Death Penalty Act of 1996, and for Court Security
needs, $10,000,000, to remain available until expended:
Provided, That the entire amount is designated by Con-
gress 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 fur-
ther, That the amount not previously designated by the
107
President as an emergency requirement shall be available
only to the extent an official budget request, for a spe-
cific dollar amount 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 to Con-
gress.
VIOLENT CRIME REDUCTION PROGRAMS
For activities of the Federal Judiciary as author-
ized by law, $30,000,000, to remain available until ex-
pended, which shall be derived from the Violent Crime
Reduction Trust Fund, as authorized by section
190001(a) of Public Law 103–322.
DEFENDER SERVICES
For the operation of Federal Public Defender and
Community Defender organizations; the compensation
and reimbursement of expenses of attorneys appointed to
represent 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 appointed to assist the court in
criminal cases where the defendant has waived represen-
tation by counsel; the compensation and reimbursement
108
of travel expenses of guardians ad litem acting on behalf
of financially eligible minor or incompetent offenders in
connection with transfers from the United States to for-
eign countries with which the United States has a treaty
for the execution of penal sentences; and the compensa-
tion of attorneys appointed to represent jurors in civil ac-
tions for the protection of their employment, as author-
ized by 28 U.S.C. 1875(d); $308,000,000, to remain
available until expended as authorized by 18 U.S.C.
3006A(i).
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by
28 U.S.C. 1871 and 1876; compensation of jury commis-
sioners as authorized by 28 U.S.C. 1863; and compensa-
tion of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil
Procedure 
(28 
U.S.C. 
Appendix 
Rule 
71A(h));
$67,000,000, to remain available until expended: Pro-
vided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate pay-
able under section 5332 of title 5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided
for, incident to the procurement, installation, and mainte-
nance of security equipment and protective services for
the United States Courts in courtrooms and adjacent
109
areas, including building ingress-egress control, inspec-
tion of packages, directed security patrols, and other
similar activities as authorized by section 1010 of the Ju-
dicial Improvement and Access to Justice Act (Public
Law 100–702); $127,000,000, to be expended directly or
transferred to the United States Marshals Service which
shall be responsible for administering elements of the Ju-
dicial Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney Gen-
eral.
ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Of-
fice of the United States Courts as authorized by law, in-
cluding travel as authorized by 31 U.S.C. 1345, hire of
a passenger motor vehicle as authorized by 31 U.S.C.
1343(b), advertising and rent in the District of Columbia
and elsewhere, $49,450,000, of which not to exceed
$7,500 is authorized for official reception and representa-
tion expenses.
111
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations
made in this title which are available for salaries and ex-
penses shall be available for services as authorized by 5
U.S.C. 3109.
SEC. 302. Appropriations made in this title shall
be available for salaries and expenses of the Special
Court established under the Regional Rail Reorganization
Act of 1973, Public Law 93–236.
SEC. 303. Not to exceed 5 percent of any appro-
priation 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, District Courts, and other Judicial
Services, Defender Services’’ and ‘‘Courts of Appeals,
District Courts, and other Judicial Services, Fees of Ju-
rors 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 expenditure
except in compliance with the procedures set forth in that
section.
SEC. 304. Notwithstanding any other provision of
law, the salaries and expenses appropriation for district
112
courts, courts of appeals, and other judicial services shall
be available for official reception and representation ex-
penses 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 of the United States Courts in his
capacity as Secretary of the Judicial Conference.
SEC. 305. Section 612(l) of title 28, United States
Code, shall be amended as follows: strike ‘‘1997’’, and in-
sert in lieu thereof ‘‘1998’’.
SEC. 306. None of the funds available to the Judi-
ciary in fiscal years 1996 and 1997 and hereafter shall
be available for expenses authorized pursuant to section
802(a) of title VIII of section 101(a) of title I of the Om-
nibus Consolidated Rescissions and Appropriations Act of
1996, Public Law 104–134, for costs related to the ap-
pointment of Special Masters prior to April 26, 1996.
SEC. 307. The United States courthouse at 310
West Sixth Street in Medford, Oregon, shall be known
and designated as the ‘‘James A. Redden Federal Court-
house’’.
Any reference in a law, map, regulation, docu-
ment, paper, or other record of the United States to the
United States courthouse at 310 West Sixth Street in
113
Medford, Oregon, shall be deemed to be a reference to
the ‘‘James A. Redden Federal Courthouse’’.
This title may be cited as ‘‘The Judiciary Appro-
priations Act, 1997’’.
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 Authorities Act of 1956, as amended; representa-
tion to certain international organizations in which the
United States participates pursuant to treaties, ratified
pursuant to the advice and consent of the Senate, or spe-
cific Acts of Congress; acquisition by exchange or pur-
chase 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 administration; $1,700,450,000:
Provided, That notwithstanding section 140(a)(5), and
the second sentence of section 140(a)(3), of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103–236), not to exceed $150,000,000 of
fees may be collected during fiscal year 1997 under the
114
authority of section 140(a)(1) of that Act: Provided fur-
ther, That all fees collected under the preceding proviso
shall be deposited in fiscal year 1997 as an offsetting col-
lection to appropriations made under this heading to re-
cover the costs of providing consular services and shall
remain available until expended: Provided further, That in
fiscal year 1998, a system shall be in place that allocates
to each department and agency the full cost of its pres-
ence outside of the United States.
Of the funds provided under this heading,
$24,856,000 shall be available only for the Diplomatic
Telecommunications Service for operation of existing base
services and not to exceed $17,230,000 shall be available
only for the enhancement of the Diplomatic Tele-
communications Service and shall remain available until
expended. Of the latter amount, $2,500,000 shall not be
made available until expiration of the 15 day period be-
ginning on the date when the Secretary of State and the
Director of the Diplomatic Telecommunications Service
submit the pilot program report required by section 507
of Public Law 103–317.
In addition, not to exceed $700,000 in registra-
tion fees collected pursuant to section 38 of the Arms
Export Control Act, as amended, may be used in accord-
ance with section 45 of the State Department Basic Au-
115
thorities Act of 1956 (22 U.S.C. 2717); and in addition
not to exceed $1,223,000 shall be derived from fees col-
lected from other executive agencies for lease or use of
facilities located at the International Center in accord-
ance with section 4 of the International Center Act (Pub-
lic Law 90–553), as amended, and in addition, as author-
ized by section 5 of such Act $450,000, 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 derived from reim-
bursements, surcharges, and fees for use of Blair House
facilities in accordance with section 46 of the State De-
partment Basic Authorities Act of 1956 (22 U.S.C.
2718(a)).
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 Con-
sular Programs’’ and ‘‘Salaries and Expenses’’ under the
heading ‘‘Administration of Foreign Affairs’’ may be
transferred between such appropriation accounts: Pro-
vided, That any transfer pursuant to this sentence 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.
116
For an additional amount for counterterrorism re-
quirements overseas, including security guards and equip-
ment, $23,700,000, to remain available until expended:
Provided, That the entire amount is designated by Con-
gress 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.
SALARIES AND EXPENSES
For expenses necessary for the general adminis-
tration of the Department of State and the Foreign Serv-
ice, provided 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 Authori-
ties Act of 1956, as amended, $352,300,000.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment
Fund, $24,600,000, 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 appropriated under this heading.
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.),
$27,495,000, notwithstanding section 209(a)(1) of the
Foreign Service Act of 1980, as amended (Public Law
117
96–465), as it relates to post inspections: Provided, That
notwithstanding any other provision of law, the merger of
the Office of Inspector General of the United States In-
formation Agency with the Office of Inspector General of
the Department of State provided for in the Departments
of Commerce, Justice, and State, the Judiciary and Re-
lated Agencies Appropriations Act, 1996, contained in
Public Law 104–134, is effective hereafter.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by
section 905 of the Foreign Service Act of 1980, as
amended (22 U.S.C. 4085), $4,490,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable
the Secretary of State to provide for extraordinary pro-
tective services in accordance with the provisions of sec-
tion 214 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,332,000,
to remain available until September 30, 1998.
SECURITY AND MAINTENANCE OF UNITED STATES
MISSIONS
For necessary expenses for carrying out the For-
eign Service Buildings Act of 1926, as amended (22
U.S.C. 292–300), and the Diplomatic Security Construc-
tion Program as authorized by title IV of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22
118
U.S.C. 4851), $364,495,000, to remain available until
expended as authorized by section 24(c) of the State De-
partment Basic Authorities Act of 1956 (22 U.S.C.
2696(c)): Provided, That none of the funds appropriated
in this paragraph shall be available for acquisition of fur-
niture and furnishings and generators for other depart-
ments and agencies.
For an additional amount for security improve-
ments, necessary relocation expenses, and security equip-
ment for United States diplomatic facilities and missions
overseas, $24,825,000, to remain available until ex-
pended: Provided, That of this amount $9,400,000 is for
security projects on behalf of United States and Foreign
Commercial Service missions and $1,125,000 is for secu-
rity projects on behalf of United States Information
Agency missions: Provided further, That the entire
amount is designated by Congress as an emergency re-
quirement 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 amount
not previously designated by the President as an emer-
gency requirement shall be available only to the extent an
official budget request, for a specific dollar amount that
includes designation of the entire amount of the request
as an emergency requirement, as defined in the Balanced
119
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted to Congress.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
SERVICE
For expenses necessary to enable the Secretary of
State to meet unforeseen emergencies arising in the Dip-
lomatic and Consular Service pursuant to the require-
ment of 31 U.S.C. 3526(e), $5,800,000, to remain avail-
able until expended as authorized by section 24(c) of the
State Department 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, subject to the same terms and
conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as author-
ized by section 4 of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2671): Provided, That such
costs, including 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 nec-
essary to carry out the direct loan program, $663,000
which may be transferred to and merged with the Sala-
ries and Expenses account under Administration of For-
eign Affairs.
120
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan
Relations Act, Public Law 96–8 (93 Stat. 14),
$14,490,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY FUND
For payment to the Foreign Service Retirement
and Disability Fund, as authorized by law, $126,491,000.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, nec-
essary to meet annual obligations of membership in inter-
national multilateral organizations, pursuant to treaties
ratified pursuant to the advice and consent of the Senate,
conventions or specific Acts of Congress, $892,000,000:
Provided, That any payment of arrearages shall be di-
rected toward special activities that are mutually agreed
upon by the United States and the respective inter-
national organization: Provided further, That 20 percent
of the funds appropriated in this paragraph for the as-
sessed contribution of the United States to the United
Nations shall be withheld from obligation and expendi-
ture until a certification is made under section 401(b) of
Public Law 103–236 for fiscal year 1997: Provided fur-
ther, That certification under section 401(b) of Public
Law 103–236 for fiscal year 1997 may only be made if
121
the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and
International Relations of the House of Representatives
are notified of the steps taken, and anticipated, to meet
the requirements of section 401(b) of Public Law 103–
236 at least 15 days in advance of the proposed certifi-
cation: Provided further, That none of the funds appro-
priated in this paragraph shall be available for a United
States contribution to an international organization for
the United States share of interest costs made known to
the United States Government by such organization for
loans incurred on or after October 1, 1984, through ex-
ternal borrowings: Provided further, That of the funds
appropriated in this paragraph, $100,000,000 may be
made available only pursuant to a certification by the
Secretary of State by no later than January 30, 1997,
that the United Nations has taken no action during cal-
endar year 1996 to increase funding for any United Na-
tions program without identifying an offsetting decrease
elsewhere in the United Nations budget and cause the
United Nations to exceed its no growth budget for the bi-
ennium 1996–1997 adopted in December, 1995: Provided
further, That if the Secretary of State is unable to make
the aforementioned certification, the $100,000,000 is to
be applied to paying the current year assessment for
122
other international organizations for which the assess-
ment has not been paid in full or to paying the assess-
ment due in the next fiscal year for such organizations,
subject to the reprogramming procedures contained in
Section 605 of this Act: Provided further, That notwith-
standing section 402 of this Act, not to exceed
$10,000,000 may be transferred from the funds made
available under this heading to the ‘‘International Con-
ferences and Contingencies’’ account for assessed con-
tributions to new or provisional international organiza-
tions or for travel expenses of official delegates to inter-
national conferences: Provided further, That any transfer
pursuant to this paragraph 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 sec-
tion.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
ACTIVITIES
For necessary expenses to pay assessed and other
expenses of international peacekeeping activities directed
to the maintenance or restoration of international peace
and security $352,400,000, of which $50,000,000 is for
payment of arrearages accumulated in 1995, and which
shall be available only upon certification by the Secretary
of State that at least two of the following have been
123
achieved: (1) savings of at least $100,000,000 will be
achieved in the biennial expenses of the following United
Nations divisions and activities—the United Nations
Conference on Trade and Development, the Regional
Economic Commissions, the Department of Public Infor-
mation, and the Department of Conference Services, trav-
el and overtime; (2) the number of professional and gen-
eral service staff employed by the United Nations Sec-
retariat at the conclusion of the 1996–1997 biennium will
be at least ten percent below the number of such posi-
tions on January 1, 1996; and (3) the United Nations
has adopted a budget outline for the 1998–1999 bien-
nium that is below $2,608,000,000; as part of a five-year
program to achieve major cost-saving reforms in the
United Nations and specialized agencies: Provided, That
none of the funds made available under this Act shall be
obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least fifteen days
in advance of voting for the new or expanded mission in
the United Nations Security Council (or in an emergency,
as far in advance as is practicable), (1) the Committees
on Appropriations of the House of Representatives and
the Senate and other appropriate Committees of the Con-
gress are notified of the estimated cost and length of the
mission, the vital national interest that will be served,
124
and the planned exit strategy; and (2) a reprogramming
of funds pursuant to section 605 of this Act is submitted,
and the procedures therein followed, setting forth the
source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That
funds shall be available for peacekeeping expenses only
upon a certification by the Secretary of State to the ap-
propriate committees of the Congress that American
manufacturers and suppliers are being given opportuni-
ties to provide equipment, services, and material for
United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers.
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 Sec-
tion of the International Boundary and Water Commis-
sion, United States and Mexico, and to comply with laws
applicable to the United States Section, including not to
exceed $6,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided
for, $15,490,000.
125
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $6,463,000, to remain available until
expended, as authorized by section 24(c) of the State De-
partment 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 inter-
national Boundary Commission, United States and Can-
ada, as authorized by treaties between the United States
and Canada or Great Britain, and for the Border Envi-
ronment Cooperation Commission as authorized by Pub-
lic Law 103–182; $5,490,000, of which not to exceed
$9,000 shall be available for representation expenses in-
curred by the International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $14,549,000: Provided,That the United States’ share
of such expenses may be advanced to the respective com-
missions, 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, $8,000,000, to
126
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 ac-
tivities, $41,500,000 of which not to exceed $50,000 shall
be for official reception and representation expenses as
authorized by the Act of September 26, 1961, as amend-
ed (22 U.S.C. 2551 et seq.).
UNITED STATES INFORMATION AGENCY
SALARIES AND EXPENSES
For expenses, not otherwise provided for, nec-
essary 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 Ex-
change 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 international communication, edu-
cational and cultural activities; and to carry out related
activities authorized by law, including employment, with-
out regard to civil service and classification laws, of per-
127
sons 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 entertainment, in-
cluding 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)); $440,000,000:
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 $7,615,000, to remain
available until expended, may be credited to this appro-
priation from fees or other payments received from or in
connection with English teaching, library, motion pic-
tures, and publication programs as authorized by section
810 of such Act of 1948 (22 U.S.C. 1475e) and, notwith-
standing any other law, fees from student advising and
counseling: Provided further, That not to exceed
$1,100,000 to remain available until expended may be
used to carry out projects involving security construction
and related improvements for agency facilities not phys-
ically located together with Department of State facilities
abroad.
For an additional amount for necessary expenses
relating to security, $1,375,000: Provided, That the en-
128
tire 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, a amended.
TECHNOLOGY FUND
For expenses necessary to enable the United
States Information Agency to provide for the procure-
ment of information technology improvements, as author-
ized 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 amended (22 U.S.C. 2451 et seq.), and Reor-
ganization Plan No. 2 of 1977 (91 Stat. 1636),
$5,050,000, to remain available until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange
programs, as authorized by the Mutual Educational and
Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), and Reorganization Plan No. 2 of 1977
(91 Stat. 1636), $185,000,000, to remain available until
expended as authorized by section 105 of such Act of
1961 (22 U.S.C. 2455).
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST
FUND
For necessary expenses of Eisenhower Exchange
Fellowships, Incorporated, as authorized by sections 4
129
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 Pro-
gram Trust Fund on or before September 30, 1997, to
remain available until expended: Provided, That none of
the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any con-
tract providing for the payment 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 (Uni-
form Administrative Requirements) and A–122) (Cost
Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Schol-
arship Program as authorized by section 214 of the For-
eign Relations Authorization Act, Fiscal Years 1992 and
1993 (22 U.S.C. 2452), all interest and earnings accru-
ing to the Israeli Arab Scholarship Fund on or before
September 30, 1997, to remain available until expended.
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the United
States Information Agency, as authorized by the United
States Information and Educational Exchange Act of
1948, as amended, the United States International
Broadcasting Act of 1994, as amended, and Reorganiza-
130
tion Plan No. 2 of 1977, to carry out international com-
munication activities; $325,000,000, of which not to ex-
ceed $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 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), 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 $250,000 from fees as authorized by section 810
of such Act of 1948 (22 U.S.C. 1475e), to remain avail-
able until expended for carrying out authorized purposes;
and in addition, notwithstanding any other provision of
law, not to exceed $1,000,000 in monies received (includ-
ing receipts from advertising, if any) by or for the use
of the United States Information Agency from or in con-
nection with broadcasting resources owned by or on be-
half of the Agency, to be available until expended for car-
rying out authorized purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the United
States Information Agency to carry out the Radio Broad-
casting to Cuba Act, as amended, the Television Broad-
casting to Cuba Act, and the International Broadcasting
131
Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television
transmission and reception, and purchase and installation
of necessary equipment for radio and television trans-
mission and reception, $25,000,000, to remain available
until expended.
RADIO CONSTRUCTION
For the purchase, rent, construction, and improve-
ment of facilities for radio transmission and reception,
and purchase and installation of necessary equipment for
radio and television transmission and reception as au-
thorized by section 801 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C.
1471), $35,490,000, 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 Infor-
mation Agency to provide for carrying out the provisions
of the Center for Cultural and Technical Interchange Be-
tween East and West Act of 1960 (22 U.S.C. 2054–
2057), by grant to the Center for Cultural and Technical
Interchange Between East and West in the State of Ha-
waii, $10,000,000: Provided, That none of the funds ap-
propriated herein shall be used to pay any salary, or
132
enter into any contract providing for the payment there-
of, in excess of the rate authorized by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Director of the United States Infor-
mation 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, $1,495,000, to remain
available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Informa-
tion Agency to the National Endowment for Democracy
as authorized by the National Endowment for Democracy
Act, $30,000,000, 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 allow-
ances and differentials as authorized by subchapter 59 of
5 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 appro-
priation made available for the current fiscal year for the
Department of State in this Act may be transferred be-
tween such appropriations, but no such appropriations,
133
except as otherwise specifically provided, shall be in-
creased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropria-
tion made available for the current fiscal year for the
United States Information Agency in this Act may be
transferred between such appropriations, but no such ap-
propriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers: Provided further, 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 expenditure except in compli-
ance with the procedures set forth in that section.
SEC. 403. Funds hereafter appropriated or other-
wise made available under this Act or any other Act may
be expended for compensation of the United States Com-
missioner of the International Boundary Commission,
United States and Canada, only for actual hours worked
by such Commissioner.
SEC. 404. Funds appropriated by this Act for the
United States Information Agency, the Arms Control and
Disarmament Agency, and the Department of State may
be obligated and expended notwithstanding section 701 of
the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations
134
Authorization Act, Fiscal Years 1994 and 1995, section
53 of the Arms Control and Disarmament Act, and sec-
tion 15 of the State Department Basic Authorities Act
of 1956.
SEC. 405. Any costs incurred by a Department or
agency funded under this title resulting from personnel
actions taken in response to funding reductions included
in this title shall be absorbed within the total budgetary
resources available to such Department or agency: Pro-
vided, That the authority to transfer funds between ap-
propriations 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 reprogram-
ming of funds 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.
SEC. 406. Starting sixty days after enactment of
this Act, none of the funds made available by this Act
may be made available to support the activities of the
Standing Consultative Commission (SCC) unless the
President provides to the Congress a report containing a
detailed analysis of whether the Memorandum of Under-
standing on Succession and the Agreed Statement re-
garding Demarcation agreed to by the Standing Consult-
135
ative Commission on June 24, 1996, which was re-
affirmed by Secretary of State Warren Christopher and
Minister of Foreign Affairs Evgeny Primakov on Septem-
ber 23, 1996, represent substantive changes to the Anti-
Ballistic Missile Treaty of 1972 and whether these agree-
ments will require the advice and consent of the Senate
of the United States.
SEC. 407. Section 1 of the Act of June 4, 1920
(41 Stat. 750; 22 U.S.C. 214) is amended by—
(1) inserting before the period at the end of the
first sentence the following: ‘‘; except that the Sec-
retary of State may by regulation authorize State of-
ficials or the United States Postal Service to collect
and retain the execution fee for each application for
a passport accepted by such officials or by that
Service’’; and
(2) striking the second sentence.
This title may be cited as the ‘‘Department of
State and Related Agencies Appropriations Act, 1997’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for oper-
ating-differential subsidies, as authorized by the Mer-
136
chant Marine Act, 1936, as amended, $148,430,000, to
remain available until expended.
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve
a U.S.-flag merchant fleet to serve the national security
needs of the United States, $54,000,000, to remain avail-
able until expended: Provided, That these funds will be
available only upon enactment of an authorization for
this program.
OPERATIONS AND TRAINING
For necessary expenses of operations and training
activities authorized by law, $65,000,000: Provided, That
reimbursements may be made to this appropriation from
receipts to the ‘‘Federal Ship Financing Fund’’ for ad-
ministrative expenses in support of that program in addi-
tion to any amount heretofore appropriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by
the Merchant Marine Act, 1936, $37,450,000, to remain
available until expended: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $1,000,000,000.
137
In addition, for administrative expenses to carry
out the guaranteed loan program, not to exceed
$3,450,000, which shall be transferred to and merged
with the appropriation for Operations and Training.
ADMINISTRATIVE PROVISIONS—MARITIME
ADMINISTRATION
Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish util-
ities and services and make necessary repairs in connec-
tion with any lease, contract, or occupancy involving Gov-
ernment property under control of the Maritime Adminis-
tration, and payments received therefor shall be credited
to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, con-
tract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
No obligations shall be incurred during the cur-
rent fiscal year from the construction fund established by
the Merchant Marine Act, 1936, or otherwise, in excess
of the appropriations and limitations contained in this
Act or in any prior appropriation Act, and all receipts
which otherwise would be deposited to the credit of said
fund shall be covered into the Treasury as miscellaneous
receipts.
138
COMMISSION FOR THE PRESERVATION OF AMERICA’S
HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preser-
vation of America’s Heritage Abroad, $206,000, as au-
thorized by Public Law 99–83, section 1303.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on
Civil Rights, including hire of passenger motor vehicles,
$8,740,000: Provided, That not to exceed $50,000 may
be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be
used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of
one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this para-
graph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the Chair-
person who is permitted 125 billable days.
COMMISSION ON IMMIGRATION REFORM
SALARIES AND EXPENSES
For necessary expenses of the Commission on Im-
migration Reform pursuant to section 141(f) of the Im-
139
migration Act of 1990, $2,196,000, to remain available
until expended.
COMMISSION ON SECURITY AND COOPERATION IN
EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Se-
curity and Cooperation in Europe, as authorized by Pub-
lic Law 94–304, $1,090,000, to remain available until ex-
pended as authorized by section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment
Opportunity Commission as authorized by title VII of the
Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)
and 621–634), the Americans with Disabilities Act of
1990, and the Civil Rights Act of 1991, including serv-
ices as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); non-
monetary awards to private citizens; not to exceed
$27,500,000, for payments to State and local enforce-
ment agencies for services to the Commission pursuant to
title VII of the Civil Rights Act of 1964, as amended,
sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990,
and the Civil Rights Act of 1991; $239,740,000: Pro-
140
vided, That the Commission is authorized to make avail-
able for official reception and representation expenses not
to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Commu-
nications Commission, as authorized by law, including
uniforms and allowances therefor, as authorized by 5
U.S.C. 5901–02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and
care of grounds and repair to buildings; not to exceed
$4,000 for official reception and representation expenses;
purchase (not to exceed sixteen) and hire of motor vehi-
cles; special counsel fees; and services as authorized by
5 U.S.C. 3109; $189,079,000, of which not to exceed
$300,000 shall remain available until September 30,
1998, for research and policy studies: Provided, That
$152,523,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Com-
munications Act of 1934, as amended, and shall be re-
tained and used for necessary expenses in this appropria-
tion, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be re-
duced as such offsetting collections are received during
fiscal year 1997 so as to result in a final fiscal year 1997
142
with a person or persons for collection services in accord-
ance with the terms of 31 U.S.C. 3718, as amended: Pro-
vided further, That notwithstanding any other provision
of law, not to exceed $58,905,000 of offsetting collections
derived from fees collected for premerger notification fil-
ings under the Hart-Scott-Rodino Antitrust Improve-
ments Act of 1976 (15 U.S.C. 18(a)) shall be retained
and used for necessary expenses in this appropriation,
and shall remain available until expended: Provided fur-
ther, That the sum herein appropriated from the General
Fund shall be reduced as such offsetting collections are
received during fiscal year 1997, so as to result in a final
fiscal year 1997 appropriation from the General Fund es-
timated at not more than $27,025,000, to remain avail-
able until expended: Provided further, That any fees re-
ceived in excess of $58,905,000 in fiscal year 1997 shall
remain available until expended, but shall not be avail-
able for obligation until October 1, 1997: Provided fur-
ther, That none of the funds made available to the Fed-
eral Trade Commission shall be available for obligation
for expenses authorized by section 151 of the Federal
Deposit Insurance Corporation Improvement Act of 1991
(Public Law 102–242, 105 Stat. 2282–2285).
143
GAMBLING IMPACT STUDY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Gambling
Impact Study Commission, $4,000,000 to remain avail-
able until expended: Provided, That these funds will be
available only upon enactment of an authorization for
this Commission.
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, $283,000,000, of which
$274,400,000 is for basic field programs and required
independent audits; $1,500,000 is for the Office of In-
spector General, of which such amounts as may be nec-
essary may be used to conduct additional audits of recipi-
ents; and $7,100,000 is for management and administra-
tion.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
CORPORATION
SEC. 501. (a) CONTINUATION OF COMPETITIVE
SELECTION 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 en-
tity except through a competitive selection process con-
ducted in accordance with regulations promulgated by the
144
Corporation 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 NONCOMPETITIVE PRO-
CEDURES.—For purposes of the funding provided in this
Act, rights under sections 1007(a)(9) and 1011 of the
Legal Services Corporation Act (42 U.S.C. 2996f(a)(9)
and 42 U.S.C. 2996j) shall not apply.
SEC. 502. (a) CONTINUATION OF REQUIREMENTS
AND RESTRICTIONS.—None of the funds appropriated in
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 1996
and 1997, 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
145
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
(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
146
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 not actively par-
ticipate in such battery or cruelty.
(b) DEFINITIONS.—For purposes of subsection
(a)(2)(C):
(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 RE-
QUIREMENTS.—The requirements of section 509 of Pub-
lic Law 104–134 (110 Stat. 1321–58 et seq.), other than
subsection (l) of such section, shall apply during fiscal
year 1997.
147
(b) REQUIREMENT OF ANNUAL AUDIT.—An an-
nual audit of each person or entity receiving financial as-
sistance from the Legal Services Corporation under this
Act shall be conducted during fiscal year 1997 in accord-
ance with the requirements referred to in subsection (a).
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal
Commission as authorized by title II of Public Law 92–
522, as amended, $1,189,000.
NATIONAL BANKRUPTCY REVIEW COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Bank-
ruptcy Review Commission, as authorized by the Bank-
ruptcy Reform Act of 1994, $494,000.
OUNCE OF PREVENTION COUNCIL
For activities authorized by sections 30101 and
30102 of Public Law 103–322 (including administrative
costs), $1,500,000, to remain available until expended,
for the Ounce of Prevention Grant Program: Provided,
That the Council may accept and use gifts and donations,
both real and personal, for the purpose of aiding or facili-
tating the authorized activities of the Council, of which
not to exceed $5,000 may be used for official reception
and representation expenses.
148
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 rep-
resentation expenses, $260,400,000, of which not to ex-
ceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securi-
ties Commissions, and of which not to exceed $100,000
shall be available for expenses for consultations and
meetings hosted by the Commission with foreign govern-
mental and other regulatory officials, members of their
delegations, appropriate representatives and staff to ex-
change views concerning developments relating to securi-
ties matters, development and implementation of coopera-
tion agreements concerning securities matters and provi-
sion of technical assistance for the development of foreign
securities markets, such expenses to include necessary lo-
gistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at
such consultations and meetings including (1) such inci-
dental expenses as meals taken in the course of such at-
tendance, (2) any travel and transportation to or from
167
ernization project, in addition to the funds required
by subsection (d)(2) of this section.
(b) WAIVERS.—Notwithstanding any other provi-
sion of title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), the Secretary shall not apply
the requirements of section 1104A(d) of that Act when
issuing a guarantee or a commitment to guarantee an ob-
ligation under this section.
(c) CONDITIONS.—The Secretary shall impose
such conditions on the issuance of a guarantee or a com-
mitment to guarantee under this section as are necessary
to protect the interests of the United States from the risk
of a default. The Secretary shall consider the inter-
dependency of such shipyard modernization and reactiva-
tion projects and related vessel loan guarantee requests
pending under title XI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1271 et seq.) before issuing a guarantee
of a commitment to guarantee under this section.
(d) FUNDING PROVISIONS.—
(1) The Secretary may not guarantee or com-
mit to guarantee obligations under this section that
exceed $50,000,000 in the aggregate.
(2) The amount of appropriated funds required
by the Federal Credit Reform Act of 1990 (2 U.S.C.
661a et seq.) in advance of the Secretary’s issuance