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SEC. 121. Section 233(d) of the Antiterrorism and Ef-
fective Death Penalty Act of 1996 (110 Stat. 1245) is
amended by striking ‘‘1 year after the date of enactment
of this Act’’ and inserting ‘‘October 1, 1999’’.
SEC. 122. (a) DEFINITIONS.—In this section—
(1) the terms ‘‘criminal offense against a victim
who is a minor’’, ‘‘sexually violent offense’’, and ‘‘sex-
ually violent predator’’ have the meanings given those
terms in section 170101(a) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C.
14071(a));
(2) the term ‘‘DNA’’ means deoxyribonucleic
acid; and
(3) the term ‘‘sex offender’’ means an individual
who—
(A) has been convicted in Federal court of—
(i) a criminal offense against a victim
who is a minor; or
(ii) a sexually violent offense; or
(B) is a sexually violent predator.
(b) REPORT.—From amounts made available to the
Department of Justice under this title, not later than 180
days after the date of enactment of this Act, the Attorney
General shall submit to Congress a report, which shall in-
clude a plan for the implementation of a requirement that,
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prior to the release (including probation, parole, or any
other supervised release) of any sex offender from Federal
custody following a conviction for a criminal offense
against a victim who is a minor or a sexually violent of-
fense, the sex offender shall provide a DNA sample to the
appropriate law enforcement agency for inclusion in a na-
tional law enforcement DNA database.
(c) PLAN REQUIREMENTS.—The plan submitted under
subsection (b) shall include recommendations concerning—
(1) a system for—
(A) the collection of DNA samples from any
sex offender;
(B) the analysis of the collected samples for
DNA and other genetic typing analysis; and
(C) making the DNA and other genetic typ-
ing information available for law enforcement
purposes only;
(2) guidelines for coordination with existing
Federal and State DNA and genetic typing informa-
tion databases and for Federal cooperation with State
and local law in sharing this information;
(3) addressing constitutional, privacy, and relat-
ed concerns in connection with the mandatory sub-
mission of DNA samples; and
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(4) procedures and penalties for the prevention of
improper disclosure or dissemination of DNA or other
genetic typing information.
SEC. 123. (a) Notwithstanding any other provision of
law relating to position classification or employee pay or
performance, during the 3-year period beginning on the
date of enactment of this Act, the Director of the Federal
Bureau of Investigation may, with the approval of the At-
torney General, establish a personnel management system
providing for the compensation and performance manage-
ment of not more than 3,000 non-Special Agent employees
to fill critical scientific, technical, engineering, intelligence
analyst, language translator, and medical positions in the
Federal Bureau of Investigation.
(b) Except as otherwise provided by law, no employee
compensated under any system established under this sec-
tion may be paid at a rate in excess of the rate payable
for a position at level III of the Executive Schedule.
(c) Total payments to employees under any system es-
tablished under this section shall be subject to the limitation
on payments to employees set forth in section 5307 of title
5, United States Code.
(d) Not later than 90 days after the date of enactment
of this Act, the Director of the Federal Bureau of Investiga-
tion shall submit to the Committees on Appropriations and
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the Committees on the Judiciary of the House of Represent-
atives and the Senate, the Committee on Government Re-
form and Oversight of the House of Representatives, and
the Committee on Governmental Affairs of the Senate, an
operating plan describing the Director’s intended use of the
authority under this section, and identifying any provi-
sions of title 5, United States Code, being waived for pur-
poses of any personnel management system to be established
by the Director under this section.
(e) Any performance management system established
under this section shall have not less than 2 levels of per-
formance above a retention standard.
(f) Not later than March 31, 2000, the Director of the
Federal Bureau of Investigation shall submit to Congress
an evaluation of the performance management system estab-
lished under this section, which shall include—
(1) a comparison of—
(A) the compensation, benefits, and per-
formance management provisions governing per-
sonnel of similar employment classification se-
ries in other departments and agencies of the
Federal Government; and
(B) the costs, consistent with standards pre-
scribed in Office of Management and Budget
Circular A–76, of contracting for any services
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provided through those departments and agen-
cies; and
(2) if appropriate, a recommendation for legisla-
tion to extend the authority under this section.
(g) Notwithstanding any other provision of law, the
Secretary of the Treasury shall have the same authority
provided to the Office of Personnel Management under sec-
tion 4703 of title 5, United States Code, to establish, in
the discretion of the Secretary, demonstration projects for
a period of 3 years, for not to exceed a combined total of
950 employees, to fill critical scientific, technical, engineer-
ing, intelligence analyst, language translator, and medical
positions in the Bureau of Alcohol, Tobacco and Firearms,
the United States Customs Service, and the United States
Secret Service.
(h) The authority under this section shall terminate
3 years after the date of enactment of this Act.
SEC. 124. (a) IN GENERAL.—Section 3626 of title 18,
United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)(B)(i), by striking
‘‘permits’’ and inserting ‘‘requires’’; and
(B) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘no prisoner release order shall be entered
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unless’’ and inserting ‘‘no court shall enter
a prisoner release order unless’’; and
(ii) in subparagraph (F)—
(I) by inserting ‘‘including a leg-
islator’’ after ‘‘local official’’; and
(II) by striking ‘‘program’’ and
inserting ‘‘prison’’;
(2) in subsection (b)(3), by striking ‘‘current or
ongoing’’ and inserting ‘‘current and ongoing’’;
(3) in subsection (e)—
(A) in paragraph (1), by adding at the end
the following: ‘‘Mandamus shall lie to remedy
any failure to issue a prompt ruling on such a
motion.’’;
(B) in paragraph (2), by striking ‘‘Any
prospective relief subject to a pending motion
shall be automatically stayed’’ and inserting
‘‘Any motion to modify or terminate prospective
relief made under subsection (b) shall operate as
a stay’’; and
(C) by adding at the end the following:
‘‘(3) POSTPONEMENT OF AUTOMATIC STAY.—The
court may postpone the effective date of an automatic
stay specified in subsection (e)(2)(A) for not more
than 60 days for good cause. No postponement shall
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be permissible because of general congestion of the
court’s calendar.
‘‘(4) ORDER BLOCKING THE AUTOMATIC STAY.—
Any order staying, suspending, delaying, or barring
the operation of the automatic stay described in para-
graph (2) (other than an order to postpone the effec-
tive date of the automatic stay under paragraph (3))
shall be treated as an order refusing to dissolve or
modify an injunction and shall be appealable pursu-
ant to section 1292(a)(1) of title 28, United States
Code, regardless of how the order is styled or whether
the order is termed a preliminary or a final ruling.’’.
(b) EFFECTIVE DATE.—The amendments made by this
Act shall take effect upon the date of the enactment of this
Act and shall apply to pending cases.
SEC. 125. Section 524(c)(8)(B) of title 28, United
States Code, is amended by deleting ‘‘1996, and 1997,’’ and
inserting ‘‘and 1996,’’ in place thereof.
This title may be cited as the ‘‘Department of Justice
Appropriations Act, 1998’’.
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TITLE II—DEPARTMENT OF COMMERCE AND
RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United
States Trade Representative, including the hire of passenger
motor vehicles and the employment of experts and consult-
ants as authorized by 5 U.S.C. 3109, $23,450,000, of which
$2,500,000 shall remain available until expended: Provided,
That not to exceed $98,000 shall be available for official
reception and representation expenses: Provided further,
That the total number of political appointees on board as
of May 1, 1998, shall not exceed 25 positions.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles,
and services as authorized by 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation ex-
penses, $41,200,000 to remain available until expended.
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DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law,
and engaging in trade promotional activities abroad, in-
cluding expenses of grants and cooperative agreements for
the purpose of promoting exports of United States firms,
without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of
the United States and Foreign Commercial Service between
two points abroad, without regard to 49 U.S.C. 1517; em-
ployment of Americans and aliens by contract for services;
rental of space abroad for periods not exceeding ten years,
and expenses of alteration, repair, or improvement; pur-
chase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed
$327,000 for official representation expenses abroad; pur-
chase of passenger motor vehicles for official use abroad, not
to exceed $30,000 per vehicle; obtain insurance on official
motor vehicles; and rent tie lines and teletype equipment;
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$283,066,000, to remain available until expended: Pro-
vided, That of the $287,866,000 provided for in direct obli-
gations (of which $283,066,000 is appropriated from the
General Fund, and $4,800,000 is derived from unobligated
balances and deobligations from prior years), $58,986,000
shall be for Trade Development, $17,340,000 shall be for
the Market Access and Compliance, $28,770,000 shall be for
the Import Administration, $171,070,000 shall be for the
United States and Foreign Commercial Service, and
$11,700,000 shall be for Executive Direction and Adminis-
tration: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities without regard to section 5412 of the
Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contribu-
tions under the provisions of the Mutual Educational and
Cultural 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 performance of export
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administration field activities both domestically and
abroad; full medical coverage for dependent members of im-
mediate families of employees stationed overseas; employ-
ment of Americans and aliens by contract for services
abroad; rental of space abroad for periods not exceeding ten
years, and expenses of alteration, repair, or improvement;
payment of tort claims, in the manner authorized in the
first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $15,000 for official rep-
resentation expenses abroad; awards of compensation to in-
formers under the Export Administration Act of 1979, and
as authorized by 22 U.S.C. 401(b); purchase of passenger
motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation other-
wise established by law; $43,900,000 to remain available
until expended, of which $1,900,000 shall be for inspections
and other activities related to national security: Provided,
That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Pro-
vided further, That payments and contributions collected
and accepted for materials or services provided as part of
such activities may be retained for use in covering the cost
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of such activities, and for providing information to the pub-
lic 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 gov-
ernments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as pro-
vided by the Public Works and Economic Development Act
of 1965, as amended, Public Law 91–304, and such laws
that were in effect immediately before September 30, 1982,
and for trade adjustment assistance, $340,000,000: Pro-
vided, That none of the funds appropriated or otherwise
made available under this heading may be used directly or
indirectly for attorneys’ or consultants’ fees in connection
with securing grants and contracts made by the Economic
Development Administration: Provided further, That, not-
withstanding any other provision of law, the Secretary of
Commerce may provide financial assistance for projects to
be located on military installations closed or scheduled for
closure or realignment to grantees eligible for assistance
under the Public Works and Economic Development Act of
1965, as amended, without it being required that the grant-
ee have title or ability to obtain a lease for the property,
for the useful life of the project, when in the opinion of the
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Secretary of Commerce, such financial assistance is nec-
essary for the economic development of the area: Provided
further, That the Secretary of Commerce may, as the Sec-
retary considers appropriate, consult with the Secretary of
Defense regarding the title to land on military installations
closed or scheduled for closure or realignment.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$21,028,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emer-
gency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce
in fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$25,000,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department
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of Commerce, $47,499,000, to remain available until Sep-
tember 30, 1999.
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING
FUND
The Secretary of Commerce is authorized to dissemi-
nate economic and statistical data products as authorized
by sections 1, 2, and 4 of Public Law 91–412 (15 U.S.C.
1525–1527) and, notwithstanding section 5412 of the Om-
nibus Trade and Competitiveness Act of 1988 (15 U.S.C.
4912), charge fees necessary to recover the full costs incurred
in their production. Notwithstanding 31 U.S.C. 3302, re-
ceipts received from these data dissemination activities
shall be credited to this account, to be available for carrying
out these purposes without further appropriation.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for by
law, $137,278,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses necessary to conduct the decennial census,
$388,074,000, to remain available until expended.
In addition, for expenses to collect and publish statis-
tics for other periodic censuses and programs provided for
by law, $165,926,000, to remain available until expended.
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NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Adminis-
tration (NTIA), $16,550,000, to remain available until ex-
pended: Provided, That notwithstanding 31 U.S.C. 1535(d),
the Secretary of Commerce shall charge Federal agencies for
costs incurred in spectrum management, analysis, and op-
erations, and related services and such fees shall be retained
and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided fur-
ther, That hereafter, notwithstanding any other provision
of law, NTIA shall not authorize spectrum use or provide
any spectrum functions pursuant to the NTIA Organization
Act, 47 U.S.C. §§ 902–903, to any Federal entity without
reimbursement as required by NTIA for such spectrum
management costs, and Federal entities withholding pay-
ment of such cost shall not use spectrum: Provided further,
That the Secretary of Commerce is authorized to retain and
use as offsetting collections all funds transferred, or pre-
viously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering,
and related activities by the Institute for Telecommuni-
cation Sciences of the NTIA, in furtherance of its assigned
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functions under this paragraph, and such funds received
from other Government agencies shall remain available
until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $21,000,000, to remain
available until expended as authorized by section 391 of the
Act, as amended: Provided, That not to exceed $1,500,000
shall be available for program administration as authorized
by section 391 of the Act: Provided further, That notwith-
standing the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants
for projects for which applications have been submitted and
approved during any fiscal year: Provided further, That,
notwithstanding any other provision of law, the Pan-Pa-
cific Education and Communication Experiments by Sat-
ellite (PEACESAT) Program is eligible to compete for Pub-
lic Broadcasting Facilities, Planning and Construction
funds.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Commu-
nications Act of 1934, as amended, $20,000,000, to remain
available until expended as authorized by section 391 of the
Act, as amended: Provided, That not to exceed $3,000,000
shall be available for program administration and other
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support activities as authorized by section 391: Provided
further, That of the funds appropriated herein, not to exceed
5 percent may be available for telecommunications research
activities for projects related directly to the development of
a national information infrastructure: Provided further,
That, notwithstanding the requirements of section 392(a)
and 392(c) of the Act, these funds may be used for the plan-
ning and construction of telecommunications networks for
the provision of educational, cultural, health care, public
information, public safety, or other social services.
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark
Office provided for by law, including defense of suits insti-
tuted against the Commissioner of Patents and Trade-
marks, $691,000,000, to remain available until expended:
Provided, That of this amount, $664,000,000 shall be de-
rived from offsetting collections assessed and collected pur-
suant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 and
shall be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1998
from the General Fund estimated at $0: Provided further,
That during fiscal year 1998, should the total amount of
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offsetting fee collections be less than $664,000,000, the total
amounts available to the Patent and Trademark Office shall
be reduced accordingly: Provided further, That any fees re-
ceived in excess of $664,000,000 in fiscal year 1998 shall
remain available until expended, but shall not be available
for obligation until October 1, 1998: Provided further, That
the remaining $27,000,000 shall be derived from deposits
in the Patent and Trademark Office Fee Surcharge Fund
as authorized by law and shall remain available until ex-
pended.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF
TECHNOLOGY POLICY
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology/Office of Technology Policy, $8,500,000, of
which not to exceed $1,600,000 shall remain available until
September 30, 1999.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $276,852,000, to remain avail-
able until expended, of which not to exceed $3,800,000 shall
be used to fund a cooperative agreement with Texas Tech
University for wind research; and of which not to exceed