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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.
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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
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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
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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 $2,000,000,
may not be made without the personal approval of the
President or the Attorney General and such approval
may not be delegated.
SEC. 107. Not to exceed 5 percent of any appro-
priation made available for the current fiscal year for the
Department of Justice in this Act, including those de-
rived from the Violent Crime Reduction Trust Fund, may
be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures
set forth in that section.
SEC. 108. Section 524(c)(8)(E) of title 28, United
States Code, is amended by striking the year in the date
therein contained and replacing the same with ‘‘1996’’.
SEC. 109. (a) Section 1930(a) of title 28, United
States Code, is amended in paragraph (3), by inserting
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‘‘$’’ 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
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‘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;
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‘‘(2) one-half of the fees collected under section
1930(a)(3) of this title;
‘‘(3) one-half of the fees collected under section
1930(a)(4) of this title;
‘‘(4) one-half of the fees collected under section
1930(a)(5) of this title;
‘‘(5) 100 percent of the fees collected under sec-
tion 1930(a)(6) of this title;
‘‘(6) three-fourths of the fees collected under
the last sentence of section 1930(a) of this title;
‘‘(7) the compensation of trustees received
under section 330(d) of title 11 by the clerks of the
bankruptcy courts; and
‘‘(8) 
excess 
fees 
collected 
under 
section
586(e)(2) of this title.
‘‘(c) Amounts in the Fund which are not currently
needed for the purposes specified in subsection (a) shall
be kept on deposit or invested in obligations of, or guar-
anteed by, the United States.
‘‘(d) The Attorney General shall transmit to the
Congress, not later than 120 days after the end of each
fiscal year, a detailed report on the amounts deposited in
the Fund and a description of expenditures made under
this section.
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‘‘(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:
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‘‘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.
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‘‘(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;
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‘‘(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
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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-
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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.—
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‘‘(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
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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
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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
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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-
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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
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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.
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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—
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‘‘(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
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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.—
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(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.—
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(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-
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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
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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
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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;
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(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
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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
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(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’—
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‘‘(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
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‘‘(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
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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.
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‘‘(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
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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
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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
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(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
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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
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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-
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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,
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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-
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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
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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-
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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.
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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-
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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.
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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-
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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-
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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-
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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.
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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.
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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.
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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
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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
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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.
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(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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial
Center, 
as 
authorized 
by 
Public 
Law 
90–219,
$17,495,000; of which $1,800,000 shall remain available
through September 30, 1998, to provide education and
training to Federal court personnel; and of which not to
exceed $1,000 is authorized for official reception and rep-
resentation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement
Fund, as authorized by 28 U.S.C. 377(o), $21,000,000,
to the Judicial Survivors’ Annuities Fund, as authorized
by 28 U.S.C. 376(c), $7,300,000, and to the United
States Court of Federal Claims Judges’ Retirement
Fund, as authorized by 28 U.S.C. 178(l), $1,900,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry
out the provisions of chapter 58 of title 28, United States
Code, $8,490,000, of which not to exceed $1,000 is au-
thorized for official reception and representation ex-
penses.
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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
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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
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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
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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-
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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.
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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
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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
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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
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ity payments taking effect in fiscal year 1997
under section 5304 of such title (whether by
adjustment or otherwise), and the overall aver-
age percentage of such payments which was ef-
fective in fiscal year 1996 under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or
(C) of section 5342(a)(2) of title 5, United States Code,
and no employee covered by section 5348 of such title,
may be paid during the periods for which subsection (a)
is in effect at a rate that exceeds the rates that would
be payable under subsection (a) were subsection (a) appli-
cable to such employee.
(c) For the purposes of this section, the rates payable
to an employee who is covered by this section and who
is paid from a schedule not in existence on September 30,
1996, shall be determined under regulations prescribed by
the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates
of premium pay for employees subject to this section may
not be changed from the rates in effect on September 30,
1996, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose
of this section.