Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998
PL 105-119 (H.R.2267), enacted 11/26/1997

I l l STAT. 2440 
PUBLIC LAW 105-119—NOV. 26, 1997 
*Public Law 105-119 
105th Congress 
Nov. 26, 1997 
[H.R. 2267] 
Departments of 
Commerce, 
Justice, and 
State, the 
Judiciary, and 
Related Agencies 
Appropriations 
Act, 1998. 
Department of 
Justice 
Appropriations 
Act, 1998. 
An Act 
Notification. 
Making appropriations for the Departments of Commerce, Justice, and State, the 
Judiciary, and related agencies for the fiscal year ending September 30, 1998, 
and for other pvuposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 1998, and for other purposes, namely: 
TITLE I—DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For expenses necessary for the administration of the Depart-
ment of Justice, $76,199,000, of which not to exceed $3,317,000 
is for the Facilities Program 2000, to remain available until 
expended: Provided, That not to exceed 43 permanent positions 
and 44 full-time equivalent workyears and $7,860,000 shall be 
expended for the Department Leadership Program exclusive of aug-
mentation that occurred in these offices in fiscal year 1997: Provided 
further, 
That not to exceed 41 permanent positions and 48 
full-time equivalent workyears and $4,660,000 shall be expended 
for the Offices of Legislative Affairs and Public Affairs: Provided 
further. That the latter two aforementioned offices shall not be 
augmented by personnel details, temporary transfers of personnel 
on either a reimbursable or non-reimbursable basis or any other 
type of formal or informal transfer or reimbursement of personnel 
or funds on either a temporary or long-term basis. 
COUNTERTERRORISM FUND 
For necessary expenses, as determined by the Attorney General, 
$20,000,000 to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility which 
has been damaged or destroyed as a result of any domestic or 
international terrorist incident; (2) the costs of providing support 
to counter, investigate or prosecute domestic or international 
terrorism, including pa3mtient of rewards in connection with these 
activities; and (3) the costs of conducting a terrorism threat assess-
ment of Federal agencies and their facilities: Provided, That funds 
provided under this paragraph shall be available only after the 
Attorney General notifies the Committees on Appropriations of 
*Note: This law contains an item that was cancelled by the President pursuant to the Line 
Item Veto Act. For more information, see the Federal Register entry imder "LEGISLATIVE 
HISTORY" at the end of this law. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2441 
the House of Representatives and the Senate in accordance with 
section 605 of this Act. 
In addition, for necessary expenses, as determined by the Attor-
ney Greneral, $32,700,000, to remain available until expended, to 
reimburse departments and agencies of the Federal Government 
for any costs incurred in connection with— 
(1) counterterrorism technology research and development; 
(2) providing training and related equipment for chemical, 
biological, nuclear, and cyber attack prevention and response 
capabilities to State and local law enforcement agencies; and 
(3) providing bomb training and response capabilities to 
State and local law enforcement agencies. 
ADMINISTRATIVE REVIEW AND APPEALS 
For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $70,007,000. 
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND 
APPEALS 
For activities authorized by section 130005 of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322), 
as amended, $59,251,000, to remain available until expended, which 
shall be derived from the Violent Crime Reduction Trust Fund. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, $33,211,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to 
the general purchase price limitation for the current fiscal year: 
Provided, That up to one-tenth of one percent of the Department 
of Justice's allocation from the Violent Crime Reduction Trust Fund 
grant programs may be transferred at the discretion of the Attorney 
General to this account for the audit or other review of such 
grant programs, as authorized by section 130005 of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322). 
UNITED STATES PAROLE COMMISSION 
SALARIES A N D EXPENSES 
For necessary expenses of the United States Parole Commission 
as authorized by law, $5,009,000. 
LEGAL ACTIVITIES 
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 
For expenses, necessary for the legal activities of the Depart-
ment of Justice, not otherwise provided for, including not to exceed 
$20,000 for expenses of collecting evidence, to be expended under 
the direction of, and to be accounted for solely under the certificate 
39-194 O - 97 - 12 : QL 3 Part 3 
I l l STAT. 2442 
PUBLIC LAW 105-119—NOV. 26, 1997 
of, the Attorney General; and rent of private or Government-owned 
space in the District of Columbia; $444,200,000; of which not to 
exceed $10,000,000 for litigation support contracts shall remain 
available until expended: Provided, That of the funds available 
in this appropriation, not to exceed $17,525,000 shall remain avail-
able until expended for office automation systems for the legal 
divisions covered by this appropriation, and for the United States 
Attorneys, the Antitrust Division, and offices funded through "Sala-
ries and Expenses", General Administration: Provided further, That 
of the total amount appropriated, not to exceed $1,000 shall be 
available 
to 
the 
United 
States 
National 
Central 
Bureau, 
INTERPOL, for official reception and representation expenses. < 
In addition, for reimbursement of expenses of the Department 
of Justice associated with processing cases under the National 
Childhood Vaccine Injury Act of 1986, as amended, not to exceed 
$4,028,000, to be appropriated from the Vaccine Injury Compensa-
tion Trust Fund. 
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL ACTIVITIES 
For the expeditious deportation of denied asylum applicants, 
as authorized by section 130005 of the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322), as amended, 
$7,969,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund. 
SALARIES AND EXPENSES, ANTITRUST DIVISION 
For expenses necessary for the enforcement of antitrust and 
kindred laws, $75,495,000: Provided, That notwithstanding any 
other provision of law, not to exceed $70,000,000 of offsetting collec-
tions derived from fees collected for premerger notification filings 
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses 
in this appropriation, and shall remain available until expended: 
Provided further. That the sum herein appropriated from the gen-
eral fund shall be reduced as such offsetting collections are received 
during fiscal year 1998, so as to result in a final fiscal year 1998 
appropriation from the general fund estimated at not more than 
$5,495,000: Provided further. That any fees received in excess of 
$70,000,000 in fiscal year 1998, shall remain available until 
expended, but shall not be available for obligation until October 
1, 1998. 
SALARIES 
AND 
EXPENSES, 
UNITED 
STATES 
ATTORNEYS 
For necessary expenses of the Office of the United States Attor-
neys, including intergovernmental and cooperative agreements, 
$972,460,000; of which not to exceed $2,500,000 shall be available 
until September 30, 1999, for: (1) training personnel in debt collec-
tion; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appro-
priated, not to exceed $8,000 shall be available for officisd reception 
and representation expenses: Provided further. That not to exceed 
$10,000,000 of those funds available for automated litigation 
support contracts shall remain available until expended: Provided 
further. That not to exceed $1,200,000 for the design, development, 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2443 
and implementation of an information systems strategy for D.C. 
Superior Court shall remain available until expended: Provided 
further, That not to exceed $2,500,000 for the operation of the 
National Advocacy Center shall remain available until expended: 
Provided further. That not to exceed $2,000,000 shall remain avail-
able until expended for the expansion of existing Violent Crime 
Task Forces in United States Attorneys Offices into demonstration 
projects, including inter-governmental, inter-local, cooperative, and 
task-force agreements, however denominated, and contracts with 
State and local prosecutorial and law enforcement agencies engaged 
in the investigation and prosecution of violent crimes, including 
bank robbery and carjacking, and drug trafficking: Provided further. 
That, in addition to reimbursable full-time equivalent workyears 
available to the Office of the United States Attorneys, not to exceed 
8,948 positions and 9,113 full-time equivalent workyears shall be 
supported from the funds appropriated in this Act for the United 
States Attorneys. 
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES ATTORNEYS 
For activities authorized by sections 40114, 130005, 190001(b), 
190001(d), and 250005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, and 
section 815 of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104-132), $62,828,000, to remain available 
until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund. 
UNITED STATES TRUSTEE SYSTEM FUND 
For necessary expenses of the United States Trustee Program, 
as authorized by 28 U.S.C. 589a(a), $114,248,000, to remain avail-
able until expended and to be derived from the United States 
Trustee System Fund: Provided, That, notwithstanding any other 
provision of law, deposits to the Fund shall be available in such 
amounts as may be necessary to pay refunds due depositors: Pro-
vided further. That, notwithstanding any other provision of law, 
$114,248,000 of offsetting collections derived from fees collected 
pursuant to 28 U.S.C. 589a(b) shall be retained and used for nec-
essary expenses in this appropriation and remain available until 
expended: Provided further. That the sum herein appropriated from 
the Fund shall be reduced as such offsetting collections are received 
during fiscal year 1998, so as to result in a final fiscal year 1998 
appropriation from the Fund estimated at $0: Provided 
further. 
That any such fees collected in excess of $114,248,000 in fiscal 
year 1998 shall remain available until expended but shall not 
be available for obligation until October 1, 1998. 
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION 
For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized 
by 5 U.S.C. 3109, $1,226,000. 
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE 
For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles and aircraft, and the purchase of passenger motor vehicles 
Ill STAT. 2444 
PUBLIC LAW 105-119—NOV. 26, 1997 
for police-tjrpe use, without regard to the general purchase price 
limitation for the current fiscal year, $467,833,000, as authorized 
by 28 U.S.C. 561(i); of which not to exceed $6,000 shall be available 
for official reception and representation expenses; and of which 
not 
to exceed 
$4,000,000 
for 
development, 
implementation, 
maintenance and support, and training for an automated prisoner 
information system, and not to exceed $2,200,000 to support the 
Justice Prisoner and Alien Transportation System, shall remain 
31 use 6505 
available until expended: Provided, That, for fiscal year 1998 and 
note. 
thereafter, the service of maintaining and transporting State, local, 
or territorial prisoners shall be considered a specialized or technical 
service for purposes of 31 U.S.C. 6505, and any prisoners so trans-
ported shall be considered persons (transported for other than 
commercial purposes) whose presence is associated with the 
performance of a governmental function for purposes of 49 U.S.C. 
40102. 
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES MARSHALS 
SERVICE 
For activities authorized by section 190001(b) of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), as amended, $25,553,000, to remain available until 
expended, which shall be derived from the Violent Crime Reduction 
Trust Fund. 
FEDERAL PRISONER DETENTION 
For expenses, related to United States prisoners in the custody 
of the United States Marshals Service as authorized in 18 U.S.C. 
4013, but not including expenses otherwise provided for in appro-
priations available to the Attorney General, $405,262,000, as 
authorized by 28 U.S.C. 561(i), to remain available until expended. 
FEES AND EXPENSES OF WITNESSES 
For expenses, mileage, compensation, and per diems of 
witnesses, for expenses of contracts for the procurement and super-
vision of expert witnesses, for private counsel expenses, and for 
per diems in lieu of subsistence, as authorized by law, including 
advances, $75,000,000, to remain available until expended; of which 
not to exceed $4,750,000 may be made available for planning, 
construction, renovations, maintenance, remodeling, and repair of 
buildings, and the purchase of equipment incident thereto, for pro-
tected witness safesites; of which not to exceed $1,000,000 may 
be made available for the purchase and maintenance of armored 
vehicles for transportation of protected witnesses; and of which 
not to exceed $4,000,000 may be made available for the purchase, 
instgJlation and maintenance of a secure, automated information 
network to store and retrieve the identities and locations of pro-
tected witnesses. 
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE 
For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $5,319,000 
and, in addition, up to $2,000,000 of funds made available to the 
Department of Justice in this Act may be transferred by the Attor-
ney General to this account: Provided, That notwithstanding any 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2445 
other provision of law, upon a determination by the Attorney 
General that emergent circumstances require additional funding 
for conflict prevention and resolution activities of the Community 
Relations Service, the Attorney General may transfer such amounts 
to the Community Relations Service, from available appropriations 
for the current fiscal year for the Department of Justice, as may 
be necessary to respond to such circumstances: Provided 
further, 
That any transfer pursuant to the previous proviso shall be treated 
as a reprogramming under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance 
with the procedures set forth in that section. 
ASSETS FORFEITURE FUND 
For expenses authorized by 28 U.S.C. 524(c)(l)(A)(ii), (B), (F), 
and (G), as amended, $23,000,000, to be derived from the Depart-
ment of Justice Assets Forfeiture Fund. 
RADIATION EXPOSURE COMPENSATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,000,000. 
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST FUND 
For payments to the Radiation Exposure Compensation Trust 
Fund, $4,381,000. 
INTERAGENCY LAW ENFORCEMENT 
INTERAGENCY CRIME AND DRUG ENFORCEMENT 
For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug traffick-
ing not otherwise provided for, to include intergovernmental agree-
ments with State and local law enforcement agencies engaged in 
the investigation and prosecution of individuals involved in orga-
nized crime drug trafficking, $294,967,000, of which $50,000,000 
shall remain available until expended: Provided, That any amounts 
obligated from appropriations under this heading may be used 
under authorities available to the organizations reimbursed from 
this appropriation: Provided further. That any unobligated balances 
remaining available at the end of the fiscal year shall revert to 
the 
Attorney 
General 
for 
reallocation 
among 
participating 
organizations in succeeding fiscal years, subject to the reprogram-
ming procedures described in section 605 of this Act. 
FEDERAL BUREAU OF INVESTIGATION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Bureau of Investigation 
for detection, investigation, and prosecution of crimes against the 
United States; including purchase for police-type use of not to 
exceed 3,094 passenger motor vehicles, of which 2,270 will be for 
replacement only, without regard to the general purchase price 
limitation for the current fiscal year, and hire of passenger motor 
Ill STAT. 2446 
PUBLIC LAW 105-119—NOV. 26, 1997 
vehicles; acquisition, lease, maintenance, and operation of aircraft; 
and not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and 
to be accounted for solely under the certificate of, the Attorney 
General, $2,750,921,000; of which not to exceed $50,000,000 for 
automated data processing and telecommunications and technical 
investigative equipment and not to exceed $1,000,000 for undercover 
operations shall remain available until September 30, 1999; of 
which not less than $221,050,000 shall be for counterterrorism 
investigations, foreign counterintelligence, and other activities 
related to our national security; of which not to exceed $98,400,000 
shall remain available until expended; of which not to exceed 
$10,000,000 is authorized to be made available for making advances 
for expenses arising out of contractual or reimbursable agreements 
with State and local law enforcement agencies while engaged in 
cooperative activities related to violent crime, terrorism, organized 
crime, and drug investigations; and of which $1,500,000 shall be 
available to maintain an independent program office dedicated 
solely to the relocation of the Criminal Justice Information Services 
Division and the automation of fingerprint identification services: 
Provided, That not to exceed $45,000 shall be available for officigJ 
reception and representation expenses: Provided further. That no 
funds in this Act may be used to provide ballistics imaging equip-
ment to any State or local authority which has obtained similar 
equipment through a Federal grant or subsidy unless the State 
or local authority agrees to return that equipment or to repay 
that grant or subsidy to the Federal Government. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322), as amended 
("the 1994 Act"), and the Antiterrorism and Effective Death Penalty 
Act of 1996 ("the Antiterrorism Act"), $179,121,000, to remain avail-
able until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund; of which $102,127,000 shall be for activities 
authorized by section 190001(c) of the 1994 Act and section 811 
of the Antiterrorism Act; $57,994,000 shall be for activities author-
ized by section 190001(b) of the 1994 Act; $4,000,000 shall be 
for training and investigative assistance authorized by section 
210501 of the 1994 Act; $9,500,000 shall be for grants to States, 
as authorized by section 811(b) of the Antiterrorism Act; and 
'~' 
$5,500,000 shall be for establishing DNA quality-assurance and 
proficiency-testing standards, establishing an index to facilitate law 
enforcement exchange of DNA identification information, and 
related activities authorized by section 210501 of the 1994 Act. 
CONSTRUCTION 
For necessary expenses to construct or acquire buildings and 
sites by purchase, or as otherwise authorized by law (including 
equipment for such buildings); conversion and extension of federally 
owned buildings; and preliminary planning and design of projects; 
$44,506,000, to remain available until expended. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2447 
DRUG ENFORCEMENT ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Drug Enforcement Administra-
tion, including not 
to exceed $70,000 to meet 
unforeseen 
emergencies of a confidential character, to be expended under the 
direction of, and to be accounted for solely under the certificate 
of, the Attorney General; expenses for conducting drug education 
and training programs, including travel and related expenses for 
participants in such programs and the distribution of items of 
token value that promote the goals of such programs; purchase 
of not to exceed 1,602 passenger motor vehicles, of which 1,410 
will be for replacement only, for police-t3rpe use without regard 
to the general purchase price limitation for the current fiscal year; 
and acquisition, lease, maintenance, and operation of aircraft; 
$723,841,000, of which not to exceed $1,800,000 for research and 
$15,000,000 for transfer to the Drug Diversion Control Fee Account 
for operating expenses shall remain available until expended, and 
of which not to exceed $4,000,000 for purchase of evidence and 
payments for information, not to exceed $10,000,000 for contracting 
for automated data processing and telecommunications equipment, 
and not to exceed $2,000,000 for laboratory equipment, $4,000,000 
for technical equipment, and $2,000,000 for aircraft replacement 
retrofit and parts, shall remain available until September 30, 1999; 
and of which not to exceed $50,000 shall be available for officisd 
reception and representation expenses. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by sections 180104 and 190001(b) 
of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), as amended, and section 814 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 
104-132), $403,537,000, to remain available until expended, which 
shall be derived from the Violent Crime Reduction Trust Fund. 
CONSTRUCTION 
For necessary expenses to construct or acquire buildings and 
sites by purchase, or as otherwise authorized by law (including 
equipment for such buildings); conversion and extension of federally 
owned buildings; and preliminary planning and design of projects; 
$8,000,000, to remain available until expended. 
IMMIGRATION AND NATURALIZATION SERVICE 
SALARIES AND EXPENSES 
For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed 
$50,000 to meet unforeseen emergencies of a confidential character, 
to be expended under the direction of, and to be accounted for 
solely under the certificate of, the Attorney General; purchase for 
police-t3^e use (not to exceed 2,904 passenger motor vehicles, of 
which 1,711 are for replacement only), without regard to the general 
purchase price limitation for the current fiscal year, and hire of 
I l l STAT. 2448 
PUBLIC LAW 105-119—NOV. 26, 1997 
passenger motor vehicles; acquisition, lease, maintenance and oper-
ation of aircraft; research related to immigration enforcement; and 
for the care and housing of Federal detainees held in the joint 
Immigration and Naturalization Service and United States Mar-
shals Service's Buffalo Detention Facility; $1,657,886,000 of which 
not to exceed $400,000 for research shall remain available until 
expended; of which not to exceed $10,000,000 shall be available 
for costs associated with the training program for basic officer 
training, and $5,000,000 is for payments or advances arising out 
of contractual or reimbursable agreements with State and local 
law enforcement agencies while engaged in cooperative activities 
related to immigration; and of which not to exceed $5,000,000 
is to fund or reimburse other Federal agencies for the costs associ-
ated with the care, maintenance, and repatriation of smuggled 
illegal aliens: Provided, That none of the funds available to the 
Immigration and Naturalization Service shall be available to pay 
any employee overtime pay in an amount in excess of $30,000 
during the calendar year beginning January 1, 1998: Provided 
further, That uniforms may be purchased without regard to the 
general purchase price limitation for the current fiscal year: Pro-
vided further. That not to exceed $5,000 shall be available for 
official reception and representation expenses: Provided 
further, 
That none of the funds provided in this or any other Act shall 
be used for the continued operation of the San Clemente and 
Temecula checkpoints unless the checkpoints are open and traffic 
is being checked on a continuous 24-hour basis: Provided 
further. 
That not to exceed 43 permanent positions and 43 full-time equiva-
lent workyears and $4,167,000 shall be expended for the Office 
of Legislative Affairs and Public Affairs: Provided further. That 
the latter two aforementioned offices shall not be augmented by 
personnel details, temporary transfers of personnel on either a 
reimbursable or non-reimbursable basis or any other type of formal 
or informal transfer or reimbursement of personnel or funds on 
8 use 1103 note, either a temporary or long-term basis: Provided further. That begin-
ning seven calendar days after the enactment of this Act and 
for each fiscal year thereafter, none of the funds appropriated 
or otherwise made available to the Immigration and Naturalization 
Service may be used by the Immigration and Naturalization Service 
to accept, for the purpose of conducting criminal background checks 
on applications for any benefit under the Immigration and National-
ity Act, any FD-258 fingerprint card which has been prepared 
by or received from any individual or entity other than an office 
of the Immigration and Naturalization Service with the following 
exceptions: (1) State and local law enforcement agencies; and (2) 
United States consular offices at United States embassies and con-
sulates abroad under the jurisdiction of the Department of State 
or United States military offices under the jurisdiction of the 
Department of Defense authorized to perform fingerprinting serv-
ices to prepare FD-258 fingerprint cards for applicants residing 
8 use 1446 note, abroad applying for immigration benefits: Provided further, That 
agencies may collect and retain a fee for fingerprinting services: 
Provided further. That, during fiscal year 1998 and each fiscal 
year thereafter, none of the funds appropriated or otherwise made 
available to the Immigration and Naturalization Service shall be 
used to complete adjudication of an application for naturalization 
unless the Immigration and Naturalization Service has received 
confirmation from the Federal Bureau of Investigation that a full 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2449 
criminal background check has been completed, except for those 
exempted by regulation as of January 1, 1997: Provided 
further, 
That the number of positions filled through non-career appointment 
at the Immigration and Naturalization Service, for which funding 
is provided in this Act or is otherwise made available to the 
Immigration and Naturalization Service, shall not exceed four 
permanent positions and four full-time equivalent workyears after 
July 1, 1998: Provided further. That notwithstanding any other 
provision of law, during fiscal year 1998, the Attorney General 
is authorized and directed to impose disciplinary action, including 
termination of employment, pursuant to policies and procedures 
applicable to employees of the Federal Bureau of Investigation, 
for any employee of the Immigration and Naturalization Service 
who violates policies and procedures set forth by the Department 
of Justice relative to the granting of citizenship or who willfully 
deceives the Congress or department leadership on any matter. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by sections 130002, 130005, 130006, 
130007, and 190001(b) of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322), as amended, and 
section 813 of the Antiterrorism and Effective Death Penalty Act 
of 1996 (Public Law 104-132), $608,206,000, to remain available 
until expended, which will be derived from the Violent Crime Reduc-
tion Trust Fund. 
CONSTRUCTION 
For planning, construction, renovation, equipping, and mainte-
nance of buildings and facilities necessary for the administration 
and enforcement of the laws relating to immigration, naturalization, 
and alien registration, not otherwise provided for, $75,959,000, 
to remain available until expended. 
FEDERAL PRISON SYSTEM 
SALARIES A N D EXPENSES 
For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, includ-
ing purchase (not to exceed 834, of which 599 are for replacement 
only) and hire of law enforcement and passenger motor vehicles, 
and for the provision of technical assistance and advice on correc-
tions related issues to foreign governments; $2,821,642,000: Pro-
vided, That the Attorney General may transfer to the Health 42USC250a. 
Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison System 
(FPS), where necessary, may enter into contracts with a fiscal 
agent/fiscal intermediary claims processor to determine the amounts 
payable to persons who, on behalf of the FPS, furnish health serv-
ices to individuals committed to the custody of the FPS: Provided 
further. That uniforms may be purchased without regard to the 
general purchase price limitation for the current fiscal year: Pro-
vided further. That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided 
further. 
I l l STAT. 2450 
PUBLIC LAW 105-119—NOV. 26, 1997 
That not to exceed $90,000,000 for the activation of new facilities 
shall remain available until September 30, 1999: Provided 
further, 
That of the amounts provided for Contract Confinement, not to 
exceed $20,000,000 shall remain available until expended to make 
payments in advance for grants, contracts and reimbursable agree-
ments, and other expenses authorized by section 501(c) of the 
Refugee Education Assistance Act of 1980, as amended, for the 
care and security in the United States of Cub£in and Haitian 
entrants: Provided further. That notwithstanding section 4(d) of 
the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may 
enter into contracts and other agreements with private entities 
for periods of not to exceed 3 years and 7 additional option years 
for the confinement of Federal prisoners. 
VIOLENT CRIME REDUCTION PROGRAMS 
For substance abuse treatment in Federal prisons as authorized 
by section 32001(e) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (PubUc Law 103-322), as amended, $26,135,000, 
to remain available until expended, which shall be derived from 
the Violent Crime Reduction Trust Fund. 
BUILDINGS AND FACILITIES 
For planning, acquisition of sites and construction of new facili-
ties; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling, and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and con-
structing, remodeling, and equipping necessary buildings and facili-
ties at existing penal and correctional institutions, including all 
necessary expenses incident thereto, by contract or force account; 
$255,133,000, to remain available until expended, of which not 
to exceed $14,074,000 shall be available to construct areas for 
inmate work programs: Provided, That labor of United States pris-
oners may be used for work performed under this appropriation: 
Provided further. That not to exceed 10 percent of the funds appro-
priated to "Buildings and Facilities" in this Act or any other Act 
may be transferred to "Salaries and Expenses", Federal Prison 
System, upon notification by the Attorney General to the Commit-
tees on Appropriations of the House of Representatives and the 
Senate in compliance with provisions set forth in section 605 of 
this Act: Provided further. That, of the total amount appropriated, 
not to exceed $2,300,000 shall be available for the renovation and 
construction of United States Marshals Service prisoner-holding 
facilities. 
FEDERAL PRISON INDUSTRIES, INCORPORATED 
The Federal Prison Industries, Incorporated, is hereby author-
ized to make such expenditures, within the limits of funds and 
borrowing authority available, and in accord with the law, and 
to msike such contracts and commitments, without regard to fiscal 
year limitations as provided by section 9104 of title 31, United 
States Code, as may be necessary in carrying out the program 
set forth in the budget for the current fiscal year for such corpora-
tion, including purchase of (not to exceed five for replacement 
only) and hire of passenger motor vehicles. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2451 
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON 
INDUSTRIES, INCORPORATED 
Not to exceed $3,266,000 of the funds of the corporation shall 
be available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis 
to be determined in accordance with the corporation's current pre-
scribed accounting system, and such amounts shall be exclusive 
of depreciation, payment of claims, and expenditures which the 
said accounting system requires to be capitalized or charged to 
cost of commodities acquired or produced, including selling and 
shipping expenses, and expenses in connection with acquisition, 
construction, operation, maintenance, improvement, protection, or 
disposition of facilities and other property belonging to the corpora-
tion or in which it has an interest. 
OFFICE OF JUSTICE PROGRAMS 
JUSTICE ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, and the Missing Children's Assist-
ance Act, as amended, including salaries and expenses in connection 
therewith, and with the Victims of Crime Act of 1984, as amended, 
and sections 819 and 821 of the Antiterrorism and Effective Death 
Penalty Act of 1996, $173,600,000, to remain available until 
expended, as authorized by section 1001 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968, as amended by Public 
Law 102-534 (106 Stat. 3524); of which $25,000,000 is for the 
National Sexual Offender Registry: Provided, That, of funds appro-
priated under this heading, such funds are available as may be 
necessary to carry out the orderly termination of the Ounce of 
Prevention Council. 
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968, as amended, for State and Local 
Narcotics Control and Justice Assistance Improvements, notwith-
standing the provisions of section 511 of said Act, $509,000,000, 
to remain available until expended, as authorized by section 1001 
of title I of said Act, as amended by Public Law 102-534 (106 
Stat. 3524), of which $46,500,000 shall be available to carry out 
the provisions of chapter A of subpart 2 of part E of title I of 
said Act, for discretionary grants under the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs, including 
$2,097,000 which shall be available to the Executive Office of United 
States Attorneys to support the National District Attorneys Associa-
tion's participation in legal education training at the National 
Advocacy Center. 
I l l STAT. 2452 
PUBLIC LAW 105-119—NOV. 26, 1997 
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW 
ENFORCEMENT ASSISTANCE 
For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be trans-
ferred to and merged with the "Justice Assistance" account) author-
ized by the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322), as amended ("the 1994 Act"); the Omni-
bus Crime Control and Safe Streets Act of 1968, as amended ("the 
1968 Act"); £ind the Victims of Child Abuse Act of 1990, as amended 
("the 1990 Act"); $2,382,400,000, to remain available until expended, 
which shall be derived from the Violent Crime Reduction Trust 
Fund; of which $523,000,000 shall be for Local Law Enforcement 
Block Grants, pursuant to H.R. 728 as passed by the House of 
Representatives on February 14, 1995, except that for purposes 
of this Act, the Commonwealth of Puerto Rico shall be considered 
a "unit of local government" as well as a "State", for the purposes 
set forth in subparagraphs (A), (B), (D), (F), and (I) of section 
101(a)(2) of H.R. 728 and for establishing crime prevention pro-
grams involving cooperation between community residents and law 
enforcement personnel in order to control, detect, or investigate 
crime or the prosecution of criminals: Provided, That no funds 
provided under this heading may be used as matching funds for 
any 
other 
Federal 
grant 
program: Provided 
further, 
That 
$20,000,000 of this amount shall be for Boys and Girls Clubs 
in public housing facilities and other areas in cooperation with 
State and local law enforcement: Provided further. That funds may 
also be used to defray the costs of indemnification insurance for 
law enforcement officers: Provided further. That for the purpose 
of eligibility for the Local Law Enforcement Block Grant Program 
in the State of Louisiana, parish sheriffs are to be considered 
the unit of local government under section 108 of H.R. 728; of 
which $45,000,000 shall be for grants to upgrade criminal records, 
as authorized by section 106(b) of the Brady Handgun Violence 
Prevention Act of 1993, as amended, and section 4(b) of the National 
Child Protection Act of 1993; of which $42,500,000 shall be available 
as authorized by section 1001 of title I of the 1968 Act, to carry 
out the provisions of subpart 1, part E of title I of the 1968 
Act notwithstanding section 511 of said Act, for the Edward B3rrne 
Memorial State and Local Law Enforcement Assistance Programs; 
of which $420,000,000 shall be for the State Criminal Alien Assist-
ance Program, as authorized by section 242( i) of the Immigration 
and Nationality Act, as amended; of which $720,500,000 shall be 
for Violent Offender Incarceration and Truth in Sentencing Incen-
tive Grants pursuant to subtitle A of title II of the 1994 Act, 
of which $165,000,000 shall be available for payments to States 
for incarceration of criminal aliens, of which $25,000,000 shall 
be available for the Cooperative Agreement Program, and of which 
$5,000,000 shall be reserved by the Attorney General for fiscal 
year 1998 under section 20109(a) of subtitle A of title II of the 
1994 Act; of which $7,000,000 shall be for the Court Appointed 
Special Advocate Program, as authorized by section 218 of the 
1990 Act; of which $2,000,000 shall be for Child Abuse Training 
Programs for Judicial Personnel and Practitioners, as authorized 
by section 224 of the 1990 Act; of which $172,000,000 shall be 
for Grants to Combat Violence Against Women, to States, units 
of local government, and Indian tribal governments, as authorized 
v-C^ivS 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2453 
by section 1001(a)(18) of the 1968 Act, including $12,000,000 which 
shall be used exclusively for the purpose of strengthening civil 
legal assistance programs for victims of domestic violence: Provided 
further, That, of these funds, $7,000,000 shall be provided to the 
National Institute of Justice for research and evaluation of violence 
against women and $853,000 shall be provided to the Office of 
the United States Attorney for the District of Columbia for domestic 
violence programs in D.C. Superior Court; of which $59,000,000 
shall be for Grants to Encourage Arrest Policies to States, units 
of local government, and Indian tribal governments, as authorized 
by section 1001(a)(19) of the 1968 Act; of which $25,000,000 shall 
be for Rural Domestic Violence and Child Abuse Enforcement 
Assistance Grants, as authorized by section 40295 of the 1994 
Act; of which $2,000,000 shall be for training programs to assist 
probation and parole officers who work with released sex offenders, 
as authorized by section 40152(c) of the 1994 Act; of which 
$1,000,000 shall be for grants for televised testimony, as authorized 
by section 1001(a)(7) of the 1968 Act; of which $2,750,000 shall 
be for national stalker and domestic violence reduction, as author-
ized by section 40603 of the 1994 Act; of which $63,000,000 shall 
be for grants for residential substance abuse treatment for State 
prisoners, as authorized by section 1001(a)(17) of the 1968 Act; 
of which $12,500,000 shall be for grants to States and units of 
local government for projects to improve DNA analysis, as author-
ized by section 1001(a)(22) of the 1968 Act; of which $900,000 
shall be for the Missing Alzheimer's Disease Patient Alert Program, 
as authorized by section 240001(c) of the 1994 Act; of which 
$750,000 shall be for Motor Vehicle Theft Prevention Programs, 
as authorized by section 220002(h) of the 1994 Act; of which 
$30,000,000 shall be for Drug Courts, as authorized by title V 
of the 1994 Act; of which $1,000,000 shall be for Law Enforcement 
Family Support Programs, as authorized by section 1001(a)(21) 
of the 1968 Act; of which $2,500,000 shall be for public awareness 
programs addressing marketing scams aimed at senior citizens, 
as authorized by section 250005(3) of the 1994 Act; and of which 
$250,000,000 shall be for Juvenile Accountability Incentive Block 
Grants pursuant to title III of H.R. 3 as passed by the House 
of Representatives on May 8, 1997: Provided further, That notwith-
standing the requirements of H.R. 3, a State, or unit of local 
government within such State, shall be eligible for a grant under 
this program if the Governor of the State certifies to the Attorney 
General, consistent with guidelines established by the Attorney 
General in consultation with Congress, that the State is actively 
considering, or will consider within one year from the date of 
such certification, legislation, policies, or practices which if enacted 
would qualify the State for a grant under section 1802 of H.R. 
3: Provided further. That 3 percent shall be available to the Attorney 
General for research, evaluation, and demonstration consistent with 
this program and 2 percent shall be available to the Attorney 
General for training and technical assistance consistent with this 
program: Provided further. That not less than 45 percent of any 
grant provided to a State or unit of local government shall be 
spent for the purposes set forth in paragraphs (3) through (9), 
and not less than 35 percent shall be spent for the purposes set 
forth in paragraphs (1), (2), and (10) of section 1801(b) of H.R. 
3, unless the State or unit of local government certifies to the 
Attorney General or the State, whichever is appropriate, that the 
I l l STAT. 2454 
PUBLIC LAW 105-119—NOV. 26, 1997 
interests of public safety and juvenile crime control would be better 
served by expending its grant for other purposes set forth under 
section 1801(b) of H.R. 3: Provided further, That the Federal share 
limitation in section 1805(e) of H.R. 3 shall be 50 percent in relation 
to the costs of constructing a permanent juvenile corrections facility: 
Provided further. That prior to receiving a grant under this pro-
gram, a unit of local government must establish a coordinated 
enforcement plan for reducing juvenile crime, developed by a 
juvenile crime enforcement coalition, such coalition consisting of 
individuals representing the police, sheriff, prosecutor. State or 
local probation services, juvenile court, schools, business, and reli-
gious affiliated, fraternal, non-profit, or social service organizations 
Records. 
involved in crime prevention: Provided further. That the conditions 
of sections 1802(a)(3) and 1802(b)(1)(C) of H.R. 3 regarding juvenile 
adjudication records require a State or unit of local government 
to make available to the Federal Bureau of Investigation records 
of delinquency adjudications which are treated in a manner equiva-
lent to adult records: Provided further. That no State or unit of 
local government may receive a grant under this program unless 
such State or unit of local government has implemented, or will 
implement no later than January 1, 1999, a policy of controlled 
substance testing for appropriate categories of juveniles within the 
juvenile justice system and funds received under this program 
may be expended for such purpose: Provided further. That the 
minimum allocation for each State under section 1803(a)(1)(A) of 
H.R. 3 shall be 0.5 percent: Provided further. That the terms and 
conditions under this heading for juvenile accountability incentive 
block grants are effective for fiscal year 1998 only smd upon the 
enactment of authorization legislation for juvenile accountability 
incentive block grants, 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: Provided further. That funds made 
available in fiscal year 1998 under subpart 1 of part E of title 
I of the 1968 Act may be obligated for programs to assist States 
in the litigation processing of death penalty Federal habeas corpus 
petitions and for drug testing initiatives: Provided further. That 
if a unit of local government uses any of the funds made available 
under this title to increase the number of law enforcement officers, 
the unit of local government will achieve a net gain in the number 
of law enforcement officers who perform nonadministrative public 
safety service. 
WEED AND SEED PROGRAM FUND 
For necessary expenses, including salaries and related expenses 
of the Executive Office for Weed and Seed, to implement "Weed 
and Seed" program activities, $33,500,000, for intergovernmental 
agreements, including grants, cooperative agreements, and con-
tracts, with State and local law enforcement agencies engaged in 
the investigation and prosecution of violent crimes and drug offenses 
in "Weed and Seed" designated communities, and for either 
reimbursements or transfers to appropriation accounts of the 
Department of Justice and other Federal agencies which shall be 
specified by the Attorney General to execute the "Weed and Seed" 
program strategy: Provided, That funds designated by Congress 
through language for other Department of Justice appropriation 
accounts for "Weed and Seed" program activities shall be managed 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2455 
and executed by the Attorney General through the Executive Office 
for Weed and Seed: Provided further. That the Attorney General 
may direct the use of other Department of Justice funds and person-
nel in support of "Weed and Seed" program activities only after 
the Attorney General notifies the Committees on Appropriations 
of the House of Representatives and the Senate in accordance 
with section 605 of this Act. 
COMMUNITY ORIENTED POLICING SERVICES 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994, Public Law 103-322 ("the 1994 
Act") (including administrative costs), $1,400,000,000, to remain 
available until expended, which shall be derived from the Violent 
Crime Reduction Trust Fund, for Public Safety and Community 
Policing Grants pursuant to title I of the 1994 Act: Provided, That 
not to exceed 186 permanent positions and 186 full-time equivalent 
workyears and $20,553,000 shall be expended for program manage-
ment and administration: Provided further, That of the unobligated 
balances available in this program, $103,000,000 shall be used 
for innovative community policing programs, of which $38,000,000 
shall be used for a law enforcement technology program, $1,000,000 
shall be used for police recruitment programs authorized under 
subtitle H of title III of the 1994 Act, $34,000,000 shall be used 
for policing initiatives to combat methamphetamine production and 
trafficking, $12,500,000 shall be used for the Community Policing 
to Combat Domestic Violence Program pursuant to section 1701(d) 
of part Q of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, and $17,500,000 shall be used for other 
innovative community policing programs, such as programs to 
improve the safety of elementary and secondary school children, 
reduce crime on or near elementary and secondary school grounds, 
and enhance policing initiatives in drug "hot spots". 
In addition, for programs of Police Corps education, training 
and service as set forth in sections 200101-200113 of the Violent 
Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), $30,000,000, to remain available until expended, which 
shall be derived from the Violent Crime Reduction Trust Fund. 
JUVENILE JUSTICE PROGRAMS 
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention 
Act of 1974, as amended ("the Act"), including salaries and expenses 
in connection therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $201,672,000, to remain avail-
able until expended, as authorized by section 299 of part I of 
title II and section 506 of title V of the Act, as amended by 
Public Law 102-586, of which: (1) notwithstanding any other provi-
sion of law, $5,922,000 shall be available for expenses authorized 
by part A of title II of the Act, $96,500,000 shall be available 
for expenses authorized by part B of title II of the Act, and 
$45,250,000 shall be available for expenses authorized by part 
C of title II of the Act: Provided, That $26,500,000 of the amounts 
provided for part B of title II of the Act, as amended, is for 
the purpose of providing additional formula grants under part B 
I l l STAT. 2456 
PUBLIC LAW 105-119—NOV. 26, 1997 
j 
to States that provide assurances to the Administrator that the 
State has in effect (or will have in effect no later than one year 
after date of application) 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) $12,000,000 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 expenses authorized by 
title V of the Act for incentive grants for local delinquency preven-
tion programs: Provided further, 
That upon the enactment of 
reauthorization legislation for Juvenile Justice Programs under the 
Juvenile Justice and Delinquency Prevention Act of 1974, as amend-
ed, funding provisions in this Act shall from that date be subject 
to the provisions of that legislation and any provisions in this 
Act that are inconsistent with that legislation shall no longer have 
effect. 
In addition, for grants, contracts, cooperative agreements, and 
other assistance, $5,000,000 to remain available until expended, 
for developing, testing, and demonstrating programs designed to 
reduce drug use among juveniles. 
In addition, $25,000,000 shall be available for grants of 
$360,000 to each State and $6,640,000 shall be available for discre-
tionary grants to States, for programs and activities to enforce 
State laws prohibiting the sale of alcoholic beverages to minors 
or the purchase or consumption of alcoholic beverages by minors, 
E
revention and reduction of consumption of alcoholic beverages 
y minors, and for technical assistance and training. 
In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act 
of 1990, as amended, $7,000,000, to remain available until 
expended, as authorized by section 214B of the Act. 
PUBLIC SAFETY OFFICERS BENEFITS 
To remain available until expended, 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, as authorized by section 6093 of Public Law 100-690 (102 
Stat. 4339-4340); and $2,000,000 for the Federal Law Enforcement 
Education Assistance Program, as authorized by section 1212 of 
said Act. 
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE 
SEC. 101. In addition to amounts otherwise made available 
in this title for official reception and representation expenses, a 
toted of not to exceed $45,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney 
General for official reception and representation expenses in accord-
ance with distributions, procedures, and regulations established 
by the Attorney General. 
SEC. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 
96-132; 93 Stat. 1040 (1979)), as amended, shall remain in effect 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2457 
18 use 3059 
note. 
until the termination date of this Act or until the effective date 
of a Department of Justice Appropriation Authorization Act, which-
ever is earlier. 
SEC. 103. None of the funds appropriated by this title shall Abortion, 
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: Provided, That should this prohibition be 
declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void. 
SEC. 104. None of the funds appropriated under this title shall Abortion. 
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 out-
side the Federal facility: Provided, That nothing in this section 
in any way diminishes the effect of section 104 intended to address 
the philosophical beliefs of individual employees of the Bureau 
of Prisons. 
SEC. 106. Notwithstanding any other provision of law, not 
to exceed $10,000,000 of the funds made available in this Act 
may be used to establish and publicize a program under which 
publicly advertised, extraordinary rewards may be paid, which shall 
not be subject to spending 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 appropriation made 
available for the current fiscal year for the Department of Justice 
in this Act, including those derived from the Violent Crime Reduc-
tion 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 "1996" and inserting "1997 and thereafter". 
SEC. 109. (a) Section 1402(d) of the Victims of Crime Act 
of 1984 (42 U.S.C. 10601(d)), is amended— 
(1) by striking paragraph (1); and 
(2) in paragraph (2), by striking "the next" and inserting 
'The first", 
(b) Any unobligated sums hitherto available to the judicial 
branch pursuant to the paragraph repealed by subsection (a) shall 
be deemed to be deposits into the Crime Victims Fund as of the 
effective date hereof and may be used by the Director of the Office 
for Victims of Crime to improve services for the benefit of crime 
victims, including the processing and tracking of criminal monetary 
penalties and related litigation activities, in the Federal criminal 
justice system. 
SEC. 110. The Immigration and Nationality Act of 1952, as 
amended, is further amended— 
(1) by striking entirely section 286(s); 
8USC1356. 
(2) in section 286(r) by— 
. 
42 use 10601 
note. 
I l l STAT. 2458 
PUBLIC LAW 105-119—NOV. 26, 1997 
(A) adding ", and amount 
described in section 
245(i)(3)(b)" after "recovered by the Department of Justice" 
in paragraph (2); 
(B) replacing "Immigration and Naturalization Service" 
with "Attorney General" in paragraph (3); £ind 
(C) striking paragraph (4), and replacing it with, "The 
amounts required to be refunded from the Fund for fiscal 
year 1998 and thereafter shall be refunded in accordance 
with estimates made in the budget request of the President 
for those fiscal years. Any proposed changes in the amounts 
designated in such budget requests shall only be made 
after Congressional reprogramming notification in accord-
ance with the reprogramming guidelines for the applicable 
fiscal year."; and 
8 use 1255. 
(3) in section 245(i)(3)(B), by replacing "Immigration Deten-
tion Account established under section 286(s)" with "Breached 
Bond/Detention Fund established under section 286(r)". 
SEC. 
111. 
(a) 
LIMITATION ON ELIGIBILITY UNDER SECTION 
245(i).—Section 245(i)(l) of the Immigration and Nationality Act 
(8 U.S.C. 1255(i)(l)) is amended by striking "(i)(l)" through "The 
Attorney General" and inserting the following: 
"(i)(l) Notwithstanding the provisions of subsections (a) and 
(c) of this section, an alien physically present in the United States— 
"(A) who— 
"(i) entered the United States without inspection; or 
"(ii) is within one of the classes enumerated in 
subsection (c) of this section; and 
"(B) who is the beneficiary (including a spouse or child 
of the principal alien, if eligible to receive a visa under section 
203(d)) of— 
"(i) a petition for classification under section 204 that 
was filed with the Attorney General on or before January 
14,1998; or 
"(ii) an application for a labor certification under sec-
tion 212(a)(5)(A) that was filed pursuant to the regulations 
of the Secretary of Labor on or before such date; 
may apply to the Attorney General for the adjustment of his or 
her status to that of £in alien lawfully admitted for permanent 
residence. The Attorney General". 
(b) REPEAL OF SLTNSET FOR SECTION 245(i).—Section 506(c) 
of the Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 1995 (Public Law 103-
8 use 1182 note. 317; 108 Stat. 1766) is amended to read as follows: 
Effective dates. 
"(c) The amendment made by subsection (a) shall take effect 
Termination 
©n October 1, 1994, and shall cease to have effect on October 
*
*
*
*
®
- 
1, 1997. The amendment made by subsection (b) shall take effect 
on October 1, 1994.". 
(c) INAPPLICABILITY OF CERTAIN PROVISIONS OF SECTION 245(C) 
FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS.—Section 245 of the 
Immigration and Nationality Act (8 U.S.C. 1255) is amended— 
(1) in subsection (c)(2), by inserting "subject to subsection 
(k)," after "(2)"; and 
(2) by adding at the end the following: 
"(k) An alien who is eligible to receive an immigrant visa 
under paragraph (1), (2), or (3) of section 203(b) (or, in the case 
of an alien who is an immigrant described in section 101(a)(27)(C), 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2459 
under section 203(b)(4)) may adjust status pursuant to subsection 
(a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if— 
"(1) the alien, on the date of fiHng an application for adjust-
ment of status, is present in the United States pursuant to 
a lawful admission; 
"(2) the alien, subsequent to such lawful admission has 
not, for an aggregate period exceeding 180 days— 
"(A) failed to maintain, continuously, a lawful status; 
"(B) engaged in unauthorized employment; or 
"(C) otherwise violated the terms and conditions of 
the alien's admission,". 
SEC. 112. (a) SHORT TITLE.—This section may be cited as the 
"Philippine Army, Scouts, and Guerilla Veterans of World War 
II Naturalization Act of 1997". 
(b) IN GENERAL.—Section 405 of the Immigration and National-
ity Act of 1990 (8 U.S.C. 1440 note) is amended— 
(1) by striking subparagraph (B) of subsection (a)(1) and 
inserting the following: 
"(B) who— 
"(i) is listed on the final roster prepared by the 
Recovered Personnel Division of the United States 
Army of those who served honorably in an active duty 
status within the Philippine Army during the World 
War II occupation and liberation of the Philippines, 
"(ii) is listed on the final roster prepared by the 
Guerilla Affairs Division of the United States Army 
of those who received recognition as having served 
honorably in an active duty status within a recognized 
guerilla unit during the World War II occupation and 
liberation of the Philippines, or 
"(iii) served honorably in an active duty status 
within the Philippine Scouts or within any other 
component of the United States Armed Forces in the 
Far East (other than a component described in clause 
(i) or (ii)) at any time during the period beginning 
September 1, 1939, and ending December 31, 1946:"; 
(2) by adding at the end of subsection (a) the following 
new paragraph: 
"(3)(A) For purposes of the second sentence of section 329(a) 
and section 329(b)(3) of the Immigration and Nationality 
Act, the executive department under which a person served 
shall be— 
"(i) in the case of an applicant claiming to have served 
in the Philippine Army, the United States Department 
of the Army; 
"(ii) in the case of an applicant claiming to have served 
in a recognized guerilla unit, the United States Department 
of the Army; or 
"(iii) in the case of an applicant claiming to have served 
in the Philippine Scouts or any other component of the 
United States Armed Forces in the Far East (other than 
a component described in clause (i) or (ii)) at any time 
during the period beginning September 1, 1939, and ending 
December 31, 1946, the United States executive depart-
ment (or successor thereto) that exercised supervision over 
such component. 
Philippine Army, 
Scouts, and 
Guerilla 
Veterans of 
World War II 
Naturalization 
Act of 1997. 
8 u s e 1101 note. 
I l l STAT. 2460 
PUBLIC LAW 105-119—NOV. 26, 1997 
"(B) An executive department specified in subparagraph 
(A) may not make a determination under the second sentence 
of section 329(a) with respect to the service or separation from 
service of a person described in paragraph (1) except pursuant 
to a request from the Service."; and 
(3) by adding at the end the following new subsection: 
"(d) IMPLEMENTATION.—(1) Notwithstanding any other provi-
sion of law, for purposes of the naturalization of natives of the 
Philippines under this section— 
"(A) the processing of applications for naturalization, filed 
in accordance with the provisions of this section, including 
necessary interviews, shall be conducted in the Philippines 
by employees of the Service designated pursuant to section 
335(b) of the Immigration and Nationality Act; and 
"(B) oaths of allegiance for applications for naturalization 
under this section shall be administered in the Philippines 
by employees of the Service designated pursuant to section 
335(b) of that Act. 
"(2) Notwithstanding paragraph (1), applications for naturaliza-
tion, including necessary interviews, may continue to be processed, 
and oaths of allegiance may continue to be taken in the United 
States.". 
(c) REPEAL.—Section 113 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1993 (8 U.S.C. 1440 note), is repealed. 
8 u s e 1440 note. 
(d) EFFECTIVE D A T E ; TERMINATION DATE.— 
(1) APPLICATION TO PENDING APPLICATIONS.—^The amend-
ments made by subsection (b) shall apply to applications filed 
before February 3, 1995. 
(2) TERMINATION 
DATE.—^The authority provided by the 
amendments made by subsection (b) shall expire February 3, 
200L 
SEC. 113. Section 
101(a)(27)(J) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as 
follows: 
"(J) an immigrant who is present in the United 
States— 
"(i) who has been declared dependent on a juvenile 
court located in the United States or whom such a 
court has legally committed to, or placed under the 
custody of, an agency or department of a State and 
who has been deemed eligible by that court for long-
term foster care due to abuse, neglect, or abandonment; 
"(ii) for whom it has been determined in adminis-
trative or judicial proceedings that it would not be 
in the alien's best interest to be returned to the alien's 
or parent's previous country of nationality or country 
of last habitual residence; and 
"(iii) in whose case the Attorney General expressly 
consents to the dependency order serving as a pre-
condition to the grant of special immigrant juvenile 
status; except that— 
"(I) no juvenile court has jurisdiction to deter-
mine the custody status or placement of an alien 
in the actued or constructive custody of the Attor-
ney General unless the Attorney General specifi-
cally consents to such jurisdiction; and 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2461 
"(11) no natural parent or prior adoptive parent 
of any alien provided special immigrant status 
under this subparagraph shall thereafter, by virtue 
of such parentage, be accorded any right, privilege, 
or status under this Act; or". 
SEC. 114. Not to exceed $200,000 of funds appropriated under 
section 1304 of title 31, United States Code, shall be available 
for nayment pursuant to the Hearing Officer's Report in United 
Sta js Court of Federal Claims No. 93-645X (June 3, 1996) (see 
35 Fed. CI. 99 (March 7, 1996)). 
SEC. 115. (a) STANDARDS FOR SEX OFFENDER REGISTRATION 
PROGRAMS.— 
(1) IN GENERAL.—Section 170101(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) 
is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking "with a 
designated State law enforcement agency"; and 
(ii) in subparagraph (B), by striking "with a 
designated State law enforcement agency"; 
(B) by striking paragraph (2) and inserting the 
following: 
"(2) 
DETERMINATION OF SEXUALLY VIOLENT PREDATOR 
STATUS; WAIVER; ALTERNATIVE MEASURES.— 
"(A) IN GENERAL.—^A determination of whether a person 
is a sexually violent predator for purposes of this section 
shall be made by a court after considering the recommenda-
tion of a board composed of experts in the behavior and 
treatment of sex offenders, victims' rights advocates, and 
representatives of law enforcement agencies. 
"(B) WAIVER.—^The Attorney General may waive the 
requirements of subparagraph (A) if the Attorney General 
determines that the State has established alternative proce-
dures or legal standards for designating a person as a 
sexually violent predator. 
"(C) ALTERNATIVE MEASURES.—The Attorney General 
may also approve alternative measures of comparable or 
greater 
effectiveness 
in protecting the public 
from 
unusually dangerous or recidivistic sexual offenders in lieu 
of the specific measures set forth in this section regarding 
sexually violent predators."; 
(C) in paragraph (3)— 
(i) in subparagraph (A), by striking "that consists 
of—" and inserting "in a range of offenses specified 
by State law which is comparable to or which exceeds 
the following range of offenses:"; 
(ii) in subparagraph (B), by striking "that consists 
of" and inserting "in a range of offenses specified by 
State law which is comparable to or which exceeds 
the range of offenses encompassed by"; and 
(D) by adding at the end the following: 
"(F) The term 'employed, carries on a vocation' includes 
emplo3mient that is full-time or part-time for a period of 
time exceeding 14 days or for an aggregate period of time 
exceeding 30 days during any calendar year, whether finan-
cially compensated, volunteered, or for the purpose of 
government or educational benefit. 
I l l STAT. 2462 
PUBLIC LAW 105-119—NOV. 26, 1997 
"(G) The term 'student' means a person who is enrolled 
on a full-time or part-time basis, in any public or private 
educational institution, including any secondary school, 
trade, or professional institution, or institution of higher 
education.". 
(2) 
REQUIREMENTS UPON RELEASE, PAROLE, SUPERVISED 
RELEASE, OR PROBATION.—Section 170101(b) of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14071(b)) is amended— 
(A) in paragraph (1)— 
(i) by striking the paragraph designation and 
heading and inserting the following: 
"(1) DUTIES OF RESPONSIBLE OFFICIALS.—"; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking "or in the case of probation, the court" 
and inserting "the court, or another responsible 
officer or official"; 
(II) in clause (ii), by striking "give" and all 
that follows before the semicolon and inserting 
"report the change of address as provided by State 
law"; and 
(III) in clause (iii), by striking "shall register" 
and all that follows before the semicolon and 
inserting "shall report the change of address as 
provided by State law and comply with any 
registration requirement in the new State of resi-
dence, and inform the person that the person must 
also register in a State where the person is 
employed, carries on a vocation, or is a student"; 
and 
(iii) in subparagraph (B), by striking "or the court" 
and inserting ", the court, or another responsible officer 
or official"; 
(B) by striking paragraph (2) and inserting the 
following: 
Regulations. 
"(2) TRANSFER OF INFORMATION TO STATE AND FBI; PARTICI-
PATION IN NATIONAL SEX OFFENDER REGISTRY.— 
"(A) STATE REPORTING.—State procedures shall ensure 
that the registration information is promptly made avail-
able to a law enforcement agency having jurisdiction where 
the person expects to reside and entered into the appro-
priate State records or data system. State procedures shall 
also ensure that conviction data and fingerprints for per-
sons required to register are promptly transmitted to the 
Federal Bureau of Investigation. 
"(B) NATIONAL REPORTING.—A State shall participate 
in the 
national 
database 
established 
under 
section 
170102(b) in accordance with guidelines issued by the 
Attorney 
General, including 
transmission 
of 
current 
address information and other information on registrants 
to the extent provided by the guidelines."; 
(C) in paragraph (3)(A)— 
(i) in the matter preceding clause (i), by striking 
"on each" and all that follows through "applies:" and 
inserting the following: "State procedures shall provide 
for verification of address at least annually."; and 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2463 
(ii) by striking clauses (i) through (v); 
(D) in paragraph (4), by striking "section reported" 
and all that follows before the period at the end and insert-
ing the following: "section shall be reported by the person 
in the manner provided by State law. State procedures 
shall ensure that the updated address information is 
promptly made available to a law enforcement agency hav-
ing jurisdiction where the person will reside and entered 
into the appropriate State records or data system"; 
(E) in paragraph (5), by striking "shall register" and 
all that follows before the period at the end and inserting 
"and who moves to another State, shall report the change 
of address to the responsible agency in the State the person 
is leaving, and shall comply with any registration require-
ment in the new State of residence. The procedures of 
the State the person is leaving shall ensure that notice 
is provided promptly to an agency responsible for registra-
tion in the new State, if that State requires registration"; 
and 
(F) by adding at the end the following: 
"(7) REGISTRATION OF OUT-OF-STATE OFFENDERS, FEDERAL 
OFFENDERS, PERSONS SENTENCED BY COURTS MARTIAL, AND 
OFFENDERS CROSSING STATE BORDERS.—^As provided in guide-
lines issued by the Attorney General, each State shall include 
in its registration program residents who were convicted in 
another State and shall ensure that procedures are in place 
to accept registration information from— 
"(A) residents who were convicted in another State, 
convicted of a Federal offense, or sentenced by a court 
martial; and 
"(B) nonresident offenders who have crossed into 
another State in order to work or attend school.". 
(3) REGISTRATION OF OFFENDER CROSSING STATE BORDER.— 
Section 170101 of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14071) is amended by redesignating 
subsections (c) through (f) as (d) through (g), respectively, 
and inserting after subsection (b) the following: 
"(c) REGISTRATION OF OFFENDER CROSSING STATE BORDER.— 
Any person who is required under this section to register in the 
State in which such person resides shall also register in any State 
in which the person is employed, carries on a vocation, or is a 
student.". 
(4) RELEASE OF INFORMATION.—Section 170101(e)(2) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. 14071(e)(2)), as redesignated by subsection (c) of this 
section, is amended by striking 'The designated" and all that 
follows through "State agenc/' and inserting "The State or 
any agency authorized by the State". 
(5) IMMUNITY FOR GOOD FAITH CONDUCT.—Section 170101(f) 
of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 14071(f)), as redesignated by subsection (c) 
of this section, is amended by striking ", and State officials" 
and inserting "and independent contractors acting at the direc-
tion of such agencies, and State officials". 
(6) FBI REGISTRATION.—(A) Section 170102(a)(2) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. 14072(a)(2)) is amended by striking "and 'predator^" 
I l l STAT. 2464 
PUBLIC LAW 105-119—NOV. 26, 1997 
42 use 14071 
note. 
and inserting the following: "'predatory*, 'employed, or carries 
on a vocation', and 'student'". 
(B) Section 170102(a)(3) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14072(a)(3)) is 
amended— 
(i) in subparagraph (A), by inserting "in a range of 
offenses specified by State law which is comparable to 
or exceeds that" before "described"; 
(ii) by amending subparagraph (B) to read as follows: 
"(B) participates in the national database established 
under subsection (b) of this section in conformity with 
guidelines issued by the Attorney General;"; and 
(iii) by amending subparagraph (C) to read as follows: 
"(C) provides for verification of address at least 
annually;". 
(C) Section 170102(i) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14072(i)) in the matter 
preceding paragraph (1), is amended by inserting "or pursuant 
to section 170101(b)(7)" after "subsection (g)". 
(7) PAM LYCHNER SEXUAL OFFENDER TRACKING AND IDENTI-
FICATION ACT OF 1996.—Section 10 of the Pam Lychner Sexual 
Offender Tracking and Identification Act of 1996 is amended 
by inserting at the end the following: 
"(d) EFFECTIVE DATE.—States shall be allowed the time speci-
fied in subsection (b) to establish minimally sufficient sexual 
offender registration programs for purposes of the amendments 
made by section 2. Subsections (c) and (k) of section 170102 of 
the Violent Crime Control and Law Enforcement Act of 1994, and 
any requirement to issue related regulations, shall take effect at 
the conclusion of the time provided under this subsection for the 
establishment of minimally sufficient sexual offender registration 
programs.". 
(8) FEDERAL OFFENDERS AND MILITARY PERSONNEL.—(A) 
Section 4042 of title 18, United States Code, is amended— 
(i) in subsection (a)(5), by striking "subsection (b)" and 
inserting "subsections (b) and (c)"; 
(ii) in subsection (b), by striking paragraph (4); 
(iii) by redesignating subsection (c) as subsection 
(d); and 
(iv) by inserting after subsection (b) the following: 
"(c) NOTICE OF SEX OFFENDER RELEASE.—(1) In the case of 
a person described in paragraph (4) who is released from prison 
or sentenced to probation, notice shall be provided to— 
"(A) the chief law enforcement officer of the State and 
of the local jurisdiction in which the person will reside; and 
"(B) a State or local agency responsible for the receipt 
or maintenance of sex offender registration information in the 
State or local jurisdiction in which the person will reside. 
The notice requirements under this subsection do not apply in 
relation to a person being protected under chapter 224. 
"(2) Notice provided under paragraph (1) shall include the 
information described in subsection (b)(2), the place where the 
person will reside, and the information that the person shall be 
subject to a registration requirement as a sex offender. For a 
person who is released from the custody of the Bureau of Prisons 
whose expected place of residence following release is known to 
the Bureau of Prisons, notice shall be provided at least 5 days 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2465 
prior to release by the Director of the Bureau of Prisons. For 
a person who is sentenced to probation, notice shall be provided 
promptly by the probation officer responsible for the supervision 
of the person, or in a manner specified by the Director of the 
Administrative Office of the United States Courts. Notice concerning 
a subsequent change of residence by a person described in para-
graph (4) during any period of probation, supervised release, or 
parole shall also be provided to the agencies and officers specified 
in paragraph (1) by the probation officer responsible for the super-
vision of the person, or in a manner specified by the Director 
of the Administrative Office of the United States Courts. 
"(3) The Director of the Bureau of Prisons shall inform a 
person described in paragraph (4) who is released from prison 
that the person shall be subject to a registration requirement as 
a sex offender in any State in which the person resides, is employed, 
carries on a vocation, or is a student (as such terms are defined 
for purposes of section 170101(a)(3) of the Violent Crime Control 
and Law Enforcement Act of 1994), and the same information 
shall be provided to a person described in paragraph (4) who is 
sentenced to probation by the probation officer responsible for super-
vision of the person or in a manner specified by the Director 
of the Administrative Office of the United States Courts. 
"(4) A person is described in this paragraph if the person 
was convicted of any of the following offenses (including such an 
offense prosecuted pursuant to section 1152 or 1153): 
"(A) An offense under section 1201 involving a minor victim. 
"(B) An offense under chapter 109A. 
"(C) An offense under chapter 110. 
"(D) An offense under chapter 117. 
"(E) Any other offense designated by the Attorney General 
as a sexual offense for purposes of this subsection. 
"(5) The United States and its agencies, officers, and employees 
shall be immune from liability based on good faith conduct in 
carrying out this subsection and subsection (b).". 
(B)(i) Section 3563(a) of title 18, United States Code, is 
amended by striking the matter at the end of paragraph (7) 
beginning with "The results of a drug test" and all that follows 
through the end of such paragraph and inserting that matter 
at the end of section 3563. 
(ii) The matter inserted by subparagraph (A) at the end 
of section 3563 is amended— 
(I) by striking "The results of a drug test" and inserting 
the following: 
"(e) RESULTS OF DRUG TESTING.—^The results of a drug 
test"; and 
(II) by striking "paragraph (4)" each place it appears 
and inserting "subsection (a)(5)". 
(iii) Section 3563(a) of title 18, United States Code, is 
amended— 
(I) so that paragraphs (6) and (7) appear in numerical 
order immediately after paragraph (5); 
(II) by striking "and" at the end of paragraph (6); 
(III) in paragraph (7), by striking "assessments." and 
inserting "assessments; and"; and 
(IV) by inserting immediately after paragraph (7) (as 
moved by clause (i)) the following new paragraph: 
I l l STAT. 2466 
PUBLIC LAW 105-119—NOV. 26, 1997 
Courts. 
10 u s e 951 note. 
"(8) for a person described in section 4042(c)(4), that the 
person report the address where the person will reside and 
any subsequent change of residence to the probation officer 
responsible for supervision, and that the person register in 
any State where the person resides, is employed, carries on 
a vocation, or is a student (as such terms are defined under 
section 170101(a)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994).". 
(iv) Section 3583(d) of title 18, United States Code, is 
amended by inserting after the second sentence the following: 
"The court shall order, as an explicit condition of supervised 
release for a person described in section 4042(c)(4), that the 
person report the address where the person will reside and 
any subsequent change of residence to the probation officer 
responsible for supervision, and that the person register in 
any State where the person resides, is employed, carries on 
a vocation, or is a student (as such terms are defined under 
section 170101(a)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994).". 
(v) Section 4209(a) of title 18, United States Code, insofar 
as such section remains in effect with respect to certain individ-
uals, is amended by inserting after the first sentence the follow-
ing: "In every case, the Commission shall impose as a condition 
of parole for a person described in section 4042(c)(4), that 
the parolee report the address where the parolee will reside 
and any subsequent change of residence to the probation officer 
responsible for supervision, and that the parolee register in 
any State where the parolee resides, is employed, carries on 
a vocation, or is a student (as such terms are defined under 
section 170101(a)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994).". 
(C)(i) The Secretary of Defense shall specify categories 
of conduct punishable under the Uniform Code of Military 
Justice which encompass a range of conduct comparable to 
that described in section 170101(a)(3)(A) and (B) of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14071(a)(3)(A) and (B)), and such other conduct as the Secretary 
deems appropriate for inclusion for purposes of this subpara-
graph. 
(ii) In relation to persons sentenced by a court martial 
for conduct in the categories specified under clause (i), the 
Secretary shall prescribe procedures and implement a system 
to— 
(I) 
provide 
notice 
concerning 
the 
release 
from 
confinement or sentencing of such persons; 
(II) inform 
such persons 
concerning 
registration 
obligations; and 
(III) track and ensure compliance with registration 
requirements by such persons during any period of parole, 
probation, or other conditional release or supervision 
related to the offense. 
(iii) The procedures and requirements established by the 
Secretary under this subparagraph shall, to the mgiximum 
extent practicable, be consistent with those specified for Federal 
offenders under the amendments made by subparagraphs (A) 
and (B). 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2467 
(iv) If a person within the scope of this subparagraph 
is confined in a facility under the control of the Bureau of 
Prisons at the time of release, the Bureau of Prisons shall 
provide notice of release and inform the person concerning 
registration obligations under the procedures specified in 
section 4042(c) of title 18, United States Code. 
(9) PROTECTED WITNESS REGISTRATION.—Section 3521(b)(1) 
of title 18, United States Code, is amended— 
(A) by striking "and" at the end of subparagraph (G); 
(B) by redesignating subparagraph (H) as subpara-
graph (I); and 
(C) by inserting after subparagraph (G) the following: 
"(H) protect the confidentiality of the identity and location Confidentiality, 
of persons subject to registration requirements as convicted 
offenders under Federal or State law, including prescribing 
alternative procedures to those otherwise provided by Federal 
or State law for registration and tracking of such persons; 
and". 
(b) SENSE OF CONGRESS AND REPORT RELATING TO STALKING 
LAWS.— 
(1) SENSE OF CONGRESS.—It is the sense of Congress that 
each State should have in effect a law that makes it a crime 
to stalk any individual, especially children, without requiring 
that such individual be physically harmed or abducted before 
a stalker is restrained or punished. 
(2) REPORT.—^The Attorney General shall include in an 
annual report under section 40610 of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14039) information 
concerning existing or proposed State laws and penalties for 
stalking crimes against children. 
(c) EFFECTIVE DATE.—^This section shall take effect on the date 
of the enactment of this Act, except that— 
(1) subparagraphs (A), (B), and (C) of subsection (a)(8) 
shall take effect 1 year after the date of the enactment of 
this Act; and 
(2) States shall have 3 years from such date of enactment 
to implement amendments made by this Act which impose 
new requirements under the Jacob Wetterling Crimes Against 
Children and Sexually Violent Offender Registration Act, and 
the Attorney General may grant an additional 2 years to a 
State that is making good faith efforts to implement these 
amendments. 
SEC. 116. (a) IN GENERAL.—Section 610(b) of the Departments 
of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1993 (8 U.S.C. 1153; Public Law 102-
395) is amended— 
(1) by striking "300" and inserting "3,000"; and 
(2) by striking "five years" and inserting "seven years", 
(b) EFFECTIVE DATE.—^The amendment made by subsection 
(a)(2) shall be deemed to have become effective on October 6, 1992. 
SEC. 117. For fiscal year 1998, the Attorney General shall 
provide a magnetometer and not less than one qualified guard 
at each unsecured entrance to the real property (including offices, 
buildings, and related grounds and facilities) that is leased to 
the United States as a place of employment for Federal employees 
at 625 Silver, S.W., in Albuquerque, New Mexico for the duration 
of time that Department of Justice employees are occupants of 
42 use 14039 
note. 
42 use 14071 
note. 
8 use 1153 note. 
8 use 1153 note. 
I l l STAT. 2468 
PUBLIC LAW 105-119—NOV. 26, 1997 
Termination 
date. 
42 use 10602 
note. 
this building, after which the General Services Administration shall 
provide the same level of security equipment and personnel at 
this location until the date on which the new Albuquerque Federal 
building is occupied. 
SEC. 118. Section 203(p)(l) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(p)(l)) is 
amended— 
(1) by inserting "(A)" after "(1)"; and 
(2) by adding at the end the following new subparagraph: 
"(B)(i) The Administrator may exercise the authority under 
subparagraph (A) with respect to such surplus real and related 
property needed by the transferee or grantee for— 
"(I) law enforcement purposes, as determined by the 
Attorney General; or 
"(11) emergency 
management 
response 
purposes, 
including fire and rescue services, as determined by the 
Director of the Federal Emergency Management Agency. 
"(ii) The authority provided under this subparagraph shall 
terminate on December 31, 1999.". 
SEC. 119. Section 1701(b)(2)(A) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended 
to read as follows— 
"(A) may not exceed 20 percent of the funds available 
for grants pursuant to this subsection in any fiscal year.". 
SEC. 120. Section 233(d) of the Antiterrorism and Effective 
Death Penalty Act of 1996 (110 Stat. 1245) is amended by striking 
"1 year after the date of enactment of this Act" and inserting 
"October 1, 1999". 
SEC. 121. (a) DEFINITIONS.—In this section— 
(1) the terms "criminal offense against a victim who is 
a minor", "sexually violent offense", and "sexually violent preda-
tor" have the meanings given those terms in section 170101(a) 
of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 14071(a)); 
(2) the term "DNA" means deoxjnribonucleic acid; and 
(3) the term "sex offender" means an individual who— 
(A) has been convicted in Federal court of— 
(i) a criminal offense against a victim who is a 
minor; or 
(ii) a sexually violent offense; or 
(B) is a sexually violent predator. 
(b) REPORT.—^From amounts made available to the Department 
of Justice under this title, not later than 180 days after the date 
of enactment of this Act, the Attorney General shall submit to 
Congress a report, which shall include a plan for the implementation 
of a requirement that, prior to the release (including probation, 
parole, or any other supervised release) of any sex offender from 
Federal custody following a conviction for a criminal offense against 
a victim who is a minor or a sexually violent offense, the sex 
offender shall provide a DNA sample to the appropriate law enforce-
ment agency for inclusion in a national law enforcement DNA 
database. 
(c) PLAN REQUIREMENTS.—^The plan submitted under subsection 
(b) shall include recommendations concerning— 
(1) a system for— 
(A) the collection of DNA samples from any sex 
offender; 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2469 
(B) the analysis of the collected samples for DNA and 
other genetic typing analysis; and 
(C) making the DNA and other genetic typing informa-
tion available for law enforcement purposes only; 
(2) guidelines for coordination with existing Federal and 
State DNA and genetic typing information databases and for 
Federal cooperation with State and local law in sharing this 
information; 
(3) addressing constitutional, privacy, and related concerns 
in connection with the mandatory submission of DNA samples; 
and 
(4) procedures and penalties for the prevention of improper 
disclosure or dissemination of DNA or other genetic typing 
information. 
SEC. 122. (a) Notwithstanding any other provision of law relat- 5 USC 3104 note, 
ing to position classification or employee pay or performance, during 
the 3-year period beginning on the date of enactment of this Act, 
the Director of the Federal Bureau of Investigation may, with 
the approval of the Attorney General, establish a personnel manage-
ment system providing for the compensation and performance 
management of not more than 3,000 non-Special Agent employees 
to fill critical scientific, technical, engineering, intelligence analyst, 
language translator, and medical positions in the Federal Bureau 
of Investigation. 
(b) Except as otherwise provided by law, no employee com-
pensated under any system established under this section may 
be paid at a rate in excess of the rate payable for a position 
at level III of the Executive Schedule. 
(c) Total payments to employees under any system established 
under this section shall be subject to the limitation on payments 
to employees set forth in section 5307 of title 5, United States 
Code. 
(d) Not later than 90 days after the date of enactment of 
this Act, the Director of the Federal Bureau of Investigation shall 
submit to the Committees on Appropriations and the Committees 
on the Judiciary of the House of Representatives and the Senate, 
the Committee on Government Reform and Oversight of the House 
of Representatives, and the Committee on Governmental Affairs 
of the Senate, an operating plan describing the Director's intended 
use of the authority under this section, and identifying any provi-
sions of title 5, United States Code, being waived for purposes 
of any personnel management system to be established by the 
Director under this section. 
(e) Any performance management system established under 
this section shall have not less than 2 levels of performance above 
a retention standard. 
(f) Not later than March 31, 2000, the Director of the Federal 
Bureau of Investigation shall submit to Congress an evaluation 
of the performance management system established under this sec-
tion, which shall include— 
(1) a comparison of— 
(A) the compensation, benefits, and 
performance 
management provisions governing personnel of similar 
employment classification series in other departments and 
agencies of the Federal (Government; and 
(B) the costs, consistent with standards prescribed in 
Office of Management and Budget Circular A-76, of 
Ill STAT. 2470 
PUBLIC LAW 105-119—NOV. 26, 1997 
contracting for any services provided through those depart-
ments and agencies; and 
(2) if appropriate, a recommendation for legislation to 
extend the authority under this section. 
(g) Notwithstanding any other provision of law, the Secretary 
of the Treasury shall have the same authority provided to the 
Office of Personnel Management under section 4703 of title 5, 
United States Code, to establish, in the discretion of the Secretary, 
demonstration projects for a period of 3 years, for not to exceed 
a combined total of 950 employees, to fill critical scientific, technical, 
engineering, intelligence analyst, language translator, and medical 
positions in the Bureau of Alcohol, Tobacco and Firearms, the 
United States Customs Service, and the United States Secret 
Service. 
Termination 
(h) The authority under this section shall terminate 3 years 
^^^- 
after the date of enactment of this Act. 
SEC. 123. (a) IN GENERAL.—Section 3626 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (l)(B)(i), by striking "permits" and 
inserting "requires"; and 
(B) in paragraph (3)— 
(i) in subparagraph (A), by striking "no prisoner 
release order shall be entered unless" and inserting 
"no court shall enter a prisoner release order unless"; 
and 
(ii) in subparagraph (F)— 
. 
(I) by inserting "including a legislator" after 
"local official"; and 
(II) by striking "program" and 
inserting 
"prison"; 
(2) in subsection (b)(3), by striking "current or ongoing" 
and inserting "current and ongoing "; 
(3) in subsection (e)— 
(A) in paragraph (1), by adding at the end the following: 
"Mandamus shall lie to remedy any failure to issue a 
prompt ruling on such a motion."; 
(B) in paragraph (2), by striking "Any prospective relief 
subject to a pending motion shall be automatically stayed" 
and inserting "Any motion to modify or terminate prospec-
tive relief made under subsection (b) shall operate as a 
stay"; and 
(C) by adding at the end the following: 
"(3) POSTPONEMENT OF AUTOMATIC STAY.—The court may 
postpone the effective date of an automatic stay specified in 
subsection (e)(2)(A) for not more than 60 days for good cause. 
No postponement shall be permissible because of general 
congestion of the court's calendar. 
"(4) ORDER BLOCKING THE AUTOMATIC STAY.^Any order 
staying, suspending, delaying, or barring the operation of the 
automatic stay described in paragraph (2) (other than an order 
to postpone the effective date of the automatic stay under 
paragraph (3)) shall be treated as an order refusing to dissolve 
or modify an injunction and shall be appealable pursuant to 
section 1292(a)(1) of title 28, United States Code, regardless 
of how the order is styled or whether the order is termed 
a preliminary or a final ruling.". 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2471 
(b) EFFECTIVE DATE.—^The amendments made by this Act shall 
18 use 3626 
take effect upon the date of the enactment of this Act and shall note, 
apply to pending cases. 
SEC. 124. Section 524(c)(8)(B) of title 28, United States Code, 
is amended by deleting "1996, and 1997," and inserting "and 1996," 
in place thereof. 
SEC. 125. Section 217(f) of the Immigration and Nationality 
Act (8 U.S.C. 1187(f)) is amended to read as follows: 
"(f) DEFINITION OF PILOT PROGRAM PERIOD.—For purposes of 
this section, the term 'pilot program period' means the period begin-
ning on October 1, 1988, and ending on April 30, 1998.". 
SEC. 126. Section 140 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), is amended 
8 USC1182 note, 
in subsection (g) by striking "December 31, 1997" and inserting 
"May 1, 1998". 
This title may be cited as the "Department of Justice Appropria-
tions Act, 1998". 
TITLE II—DEPARTMENT OF COMMERCE AND RELATED 
AGENCIES 
TRADE AND INFRASTRUCTURE DEVELOPMENT 
RELATED AGENCIES 
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and 
the emplo5anent of experts and consultants as authorized by 5 
U.S.C. 3109, $23,450,000, of which $2,500,000 shall remain avail-
able until expended: Provided, That not to exceed $98,000 shall 
be available for official reception and representation expenses: Pro-
vided further. That the total number of political appointees on 
board as of May 1, 1998, shall not exceed 25 positions. 
INTERNATIONAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception 
and representation expenses, $41,200,000 to remain available until 
expended. 
DEPARTMENT OF COMMERCE 
Department of 
Commerce and 
Related Agencies 
Appropriations 
Act, 1998. 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for international trade activities of 
the Department of Commerce provided for by law, and engaging 
in trade promotional activities abroad, including expenses of grants 
and cooperative agreements for the purpose of promoting exports 
of United States firms, without regard to 44 U.S.C. 3702 and 
Ill STAT. 2472 
PUBLIC LAW 105-119—NOV. 26, 1997 
3703; full medical coverage for dependent members of immediate 
families of employees stationed overseas and employees temporarily 
posted overseas; travel and trsinsportation 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, repair, 
or improvement; purchase or construction of temporary demount-
able exhibition structures for use abroad; payment of tort claims, 
in the manner authorized in the first paragraph of 28 U.S.C. 2672 
when such claims arise in foreign countries; not to exceed $327,000 
for official representation expenses abroad; purchase of passenger 
motor vehicles for official use abroad, not to exceed $30,000 per 
vehicle; obtain insurance on official motor vehicles; and rent tie 
lines and teletype equipment; $283,066,000, to remain available 
until expended: Provided, That of the $287,866,000 provided for 
in direct obligations (of which $283,066,000 is appropriated from 
the general fund, and $4,800,000 is derived from unobligated bal-
ances and deobligations from prior years), $58,986,000 shall be 
for Trade Development, $17,340,000 shall be for Market Access 
and Compliance, $28,770,000 shall be for the Import Administra-
tion, $171,070,000 shall be for the United States and Foreign 
Commercigil Service, and $11,700,000 shall be for Executive Direc-
Applicability. 
tion and Administration: Provided further, That the provisions of 
the first sentence of section 105(f) and all of section 108(c) of 
the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activi-
ties 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 Cultural Exchange Act shall include pajment for 
assessments for services provided as part of these activities.3 
EXPORT ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medicsJ coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for serv-
ices abroad; rental of space abroad for periods not exceeding ten 
years, sind expenses of alteration, repair, or improvement; payment 
of tort claims, in the mgmner 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 Administra-
tion 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; $43,900,000 to remain available until expended, 
of which $1,900,000 shall be for inspections and other activities 
Applicability. 
related to national security: Provided, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2473 
2455(f) and 2458(c)) shall apply in carrying out these activities: 
Provided further, That payments and contributions collected and 
accepted for materials or services provided as part of such activities 
may be retained for use in covering the cost of such activities, 
and for providing information to the public with respect to the 
export administration and national security activities of the Depart-
ment of Commerce and other export control programs of the United 
States and other governments. 
ECONOMIC DEVELOPMENT ADMINISTRATION 
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 
For grants for economic development assistance as provided 
by the Public Works and Economic Development Act of 1965, as 
amended. Public Law 91-304, and such laws that were in effect 
immediately before September 30, 1982, and for trade adjustment 
assistance, $340,000,000: Provided, That none of the funds appro-
priated or otherwise made available under this heading may be 
used directly or indirectly for attorneys' or consultants' fees in 
connection with securing grants and contracts made by the 
Economic Development Administration: Provided further. That, not-
withstanding any other provision of law, the Secretary of Commerce 
may provide financial assistance for projects to be located on mili-
tary installations closed or scheduled for closure or realignment 
to grantees eligible for assistance under the Public Works and 
Economic Development Act of 1965, as amended, without it being 
required that the grantee have title or ability to obtain a lease 
for the property, for the useful life of the project, when in the 
opinion of the Secretary of Commerce, such financial assistance 
is necessary for the economic development of the area: Provided 
further. That the Secretary of Commerce may, as the Secretary 
considers appropriate, consult with the Secretary of Defense regard-
ing the title to land on military installations closed or scheduled 
for closure or realignment. 
SALARIES AND EXPENSES 
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $21,028,000: 
Provided, 
That these funds may be used to monitor projects 
approved pursuant to title I of the Public Works Employment 
Act of 1976, as amended, title II of the Trade Act of 1974, as 
amended, and the Community 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 minority business enterprise, 
including expenses of grants, contracts, and other agreements with 
public or private organizations, $25,000,000. 
39-194 O - 97 - 13 : QL 3 Part 3 
I l l STAT. 2474 
PUBLIC LAW 105-119—NOV. 26, 1997 
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 Department of Commerce, 
$47,499,000, to remain available until September 30, 1999. 
ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND 
15 use 1527a 
The Secretary of Commerce is authorized to disseminate 
"^ote- 
economic and statistical data products as authorized by sections 
1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-1527) and, 
notwithstanding section 5412 of the Omnibus Trade and Competi-
tiveness Act of 1988 (15 U.S.C. 4912), charge fees necessary to 
recover the full costs incurred in their production. Notwithstanding 
31 U.S.C. 3302, receipts received from these data dissemination 
activities shall be credited to this account, to be available for 
carrying out these purposes without further appropriation. 
BUREAU OF THE CENSUS 
SALARIES AND EXPENSES 
For expenses necessary for collecting, compiling, analyzing, 
preparing, 
and 
publishing 
statistics, 
provided 
for 
by 
law, 
$137,278,000. 
PERIODIC CENSUSES AND PROGRAMS 
For expenses necessary to conduct the decennial census, 
$389,887,000, to remain available until expended: Provided, That 
of this amount, $4,000,000 shall be transferred to the Census 
Monitoring Board for necessary expenses as authorized by section 
210 of this Act. 
In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, 
$165,926,000, 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 
Administration 
(NTIA), 
$16,550,000, 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 management, 
analysis, and operations, and related services and such fees shall 
be retained and used as offsetting collections for costs of such 
spectrum services, to remain available until expended: Provided 
47 use 903 note, 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 reimbursement as required by 
NTIA for such spectrum management costs, and Federal entities 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2475 
withholding pajonent 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 Grovemment agencies for all costs incurred 
in telecommunications research, engineering, and related activities 
by the Institute for Telecommunication Sciences of the NTIA, in 
furtherance of its assigned functions under this paragraph, and 
such funds received from other Grovemment agencies shall remain 
available until expended. 
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND 
CONSTRUCTION 
For grants authorized by section 392 of the Communications 
Act of 1934, as amended, $21,000,000, to remain available until 
expended as authorized by section 391 of the Act, as amended: 
Provided, That not to exceed $1,500,000 shall be available for 
program administration as authorized by section 391 of the Act: 
Provided further. That 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: Provided 
further. 
That, notwithstanding any other provision of law, the Pan-Pacific 
Education 
and 
Communication 
Experiments 
by 
Satellite 
(PEACESAT) Program is eligible to compete for Public Tele-
communications Facilities, Plginning and Construction funds. 
INFORMATION INFRASTRUCTURE GRANTS 
For grants authorized by section 392 of the Communications 
Act of 1934, as amended, $20,000,000, to remain available until 
expended as authorized by section 391 of the Act, as amended: 
Provided, 
That not to exceed $3,000,000 shall be available for 
grogram administration and other support activities as authorized 
y section 391: Provided further. That of the funds appropriated 
herein, not to exceed 5 percent may be available for telecommuni-
cations research activities for projects related directly to the devel-
opment of a national information infrastructure: Provided 
further. 
That, notwithstanding the requirements of section 392(a) and 392(c) 
of the Act, these funds may be used for the planning and construc-
tion 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 Trademark Office 
provided for by law, including defense of suits instituted against 
the Commissioner of Patents and Trademarks, $691,000,000, to 
remain available until expended: Provided, That of this amount, 
$664,000,000 shall be derived from offsetting collections assessed 
and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 
376 and shall be retained and used for necessary expenses in 
this appropriation: Provided further. That the sum herein appro-
priated from the general fund shall be reduced as such offsetting 
collections are received during fiscal year 1998, so as to result 
Ill STAT. 2476 
PUBLIC LAW 105-119—NOV. 26, 1997 
in a final fiscal year 1998 appropriation fi*om the general fund 
estimated at $0: Provided further, That during fiscal year 1998, 
should the total amount of offsetting fee collections be less than 
$664,000,000, the total amounts available to the Patent and Trade-
mark Office shall be reduced accordingly: Provided further. That 
any fees received in excess of $664,000,000 in fiscal year 1998 
shall remain available until expended, but shall not be available 
for obligation until October 1, 1998: Provided further. That the 
remaining $27,000,000 shall be derived from deposits in the Patent 
and Trademark Office Fee Surcharge Fund as authorized by law 
and shall remain available until expended. 
SCIENCE AND TECHNOLOGY 
TECHNOLOGY ADMINISTRATION 
UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY 
SALARIES AND EXPENSES 
For necessary expenses for the Under Secretary for Technology/ 
Office of Technology Policy, $8,500,000, of which not to exceed 
$1,600,000 shall remain available until September 30, 1999. 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 
For necessary expenses of the National Institute of Standards 
and Technology, $276,852,000, to remain available until expended, 
of which not to exceed $3,800,000 shall be used to fund a cooperative 
agreement with Texas Tech University for wind research; and of 
which not to exceed $5,000,000 of the amount above $268,000,000 
shall be used to fund a cooperative agreement with Montana State 
University for a research program on green buildings; and 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 Extension Part-
nership of the National Institute of Standards and Technology, 
$113,500,000, to remain available until expended, of which not 
to exceed $300,000 may be transferred to the "Working Capital 
15 use 178k 
Fund": Provided, 
That notwithstanding the time 
limitations 
note. 
imposed by 15 U.S.C. 278k(c)(l) and (5) on the duration of Federal 
financial 
assistance that may be awarded by the Secretary of 
Commerce to Regional Centers for the transfer of Manufacturing 
Technology ("Centers"), such Federal financial assistance for a Cen-
ter may continue beyond six years and may be renewed for addi-
tional periods, not to exceed one year, at a rate not to exceed 
one-third of the Center's total annual costs, subject before any 
such renewal to a positive evaluation of the Center and to a finding 
by the Secretary of Commerce that continuation of Federal funding 
to the Center is in the best interest of the Regional Centers for 
the transfer of Manufacturing Technology Program: Provided fur-
ther. That the Center's most recent performance evaluation is posi-
tive, £ind the Center has submitted a reapplication which has 
successfully passed merit review. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2477 
In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$192,500,000, to remain available until expended, of which not 
to exceed $82,000,000 shall be available for the award of new 
grants, and of which not to exceed $500,000 may be transferred 
to the "Working Capital Fund". 
CONSTRUCTION OF RESEARCH FACILITIES 
For construction of new research facilities, including architec-
tural and engineering design, and for renovation of existing facili-
ties, not otherwise provided for the National Institute of Standards 
and Technology, as authorized by 15 U.S.C. 278c-278e, $95,000,000, 
to remain available until expended: Provided, That of the amounts 
provided under this heading, $78,308,000 shall be available for 
obligation and expenditure only after submission of a plan for 
the expenditure of these funds, in accordance with section 605 
of this Act. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, 
including 
maintenance, operation, and hire of aircraft; not to exceed 283 33USC851. 
commissioned officers on the active list as of September 30, 1998; 
grants, contracts, or other pa3rments to nonprofit organizations for 
the purposes of conducting activities pursuant to cooperative agree-
ments; and relocation of facilities as authorized by 33 U.S.C. 883i; 
$1,512,050,000, to remain available until expended: Provided, That, 
notwithstanding 31 U.S.C. 3302 but consistent with other existing 
law, fees shall be assessed, collected, and credited to this appropria-
tion 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 gen-
eral fund shall be reduced as such additional fees are received 
during fiscal year 1998, so as to result in a final general fund 
appropriation estimated at not more than $1,509,050,000: Provided 
further. 
That any such additional fees received in excess of 
$3,000,000 in fiscal year 1998 shall not be available for obligation 
until October 1, 1998: Provided further. That fees and donations 
received by the National Ocean Service for the management of 
the national marine sanctuaries may be retained and used for 
the salaries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302: Provided further. 
That in addition, 
$62,381,000 shall be derived 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 exceed $2,000,000: Provided 
further. That unexpended balances in the accounts "Construction" 
and "Fleet Modernization, Shipbuilding and Conversion" shall be 
transferred to and merged with this account, to remain available 
until expended for the purposes for which the funds were originally 
appropriated. 
I l l STAT. 2478 
PUBLIC LAW 105-119—NOV. 26, 1997 
PROCUREMENT, ACQUISITION AND CONSTRUCTION 
(INCLUDING TRANSFERS OF FUNDS) 
For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $491,609,000, to remain available 
until expended: Provided, That not to exceed $116,910,000 is avail-
able for the advanced weather interactive processing system, and 
may be available for obligation and expenditure only pursuant 
to a certification by the Secretsiry of Commerce that the total 
cost to complete the acquisition and deployment of the advanced 
weather interactive processing system and NOAA Port system, 
including program management, operations and maintenance costs 
through deplojnnent will not exceed $188,700,000: Provided 
further, 
That unexpended balances of Eimounts previously made available 
in the "Operations, Research, and Facilities" account and the 
"Construction" account for activities funded under this heading 
may be transferred to and merged with this account, to remain 
available until expended for the purposes for which the funds were 
originally appropriated. 
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. 
FISHERMEN'S CONTINGENCY FUND 
For carrying out the provisions of title IV of Public Law 95-
372, not to exceed $953,000, 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 Atlsin-
tic Tunas Convention Act of 1975, as amended (Public Law 96-
339), the Magnuson-Stevens Fishery Conservation and Management 
Act of 1976, as amended (Public Law 100-627), and the American 
Fisheries Promotion Act (Public Law 96-561), to be derived from 
the fees imposed under the foreign fishery observer program author-
ized by these Acts, not to exceed $189,000, to remain available 
until expended. 
FISHERIES FINANCE PROGRAM ACCOUNT 
For the cost of direct loans, $338,000, 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 
further. That none of the funds made available under this heading 
may be used for direct loans for any new fishing vessel that will 
increase the harvesting capacity in any United States fishery. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2479 
GENERAL ADMINISTRATION 
SALARIES AND EXPENSES 
For expenses necessary for the general administration of the 
Department of Commerce provided for by law, including not to 
exceed $3,000 for official entertainment, $27,490,000. 
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 tJ.S.C. App. 1-11), as amended by Public Law 
100-504, $20,140,000. 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$20,500,000 are rescinded. 
UNITED STATES TRAVEL AND TOURISM ADMINISTRATION 
SALARIES AND EXPENSES 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$3,000,000 are rescinded. 
GENERAL PROVISIONS—^DEPARTMENT OF COMMERCE 
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce 
by this Act shall be available for the activities specified in the 
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in 
the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 
3324, may be used for advanced payments not otherwise authorized 
only upon the certification of officials designated by the Secretary 
of Commerce that such payments are in the public interest. 
SEC. 202. During the current fiscal year, appropriations 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 authorized 
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 reconnaissance aircraft and activi-
ties 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 
13 USC 23 note. 
Act, or hereinsifler made available to the Department of Commerce, 
shall be available to reimburse the Unemployment Trust Fund 
or any other fund or account of the Treasury to pay for any expenses 
paid before October 1, 1992, as authorized by section 8501 of title 
5, United States Code, for services performed after April 20, 1990, 
by individuals appointed to temporary positions within the Bureau 
I l l STAT. 2480 
PUBLIC LAW 105-119—NOV. 26, 1997 
of the Census for purposes relating to the 1990 decennial census 
of population. 
SEC. 205. Not to exceed 5 percent of any appropriation 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 dismantle or 
reorganize the Department of Commerce, or any portion thereof, 
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 provided in this Act to 
the appropriate successor organizations: Provided, That the plan 
shall include a proposal for trginsferring or rescinding funds appro-
priated 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. 
(b) The Secretary of Commerce or the appropriate head of 
any successor organization(s) may use any available funds to carry 
out legislation dismantling or reorganizing the Department of Com-
merce, or any portion thereof, to cover the costs of actions relating 
to the abolishment, reorganization, or transfer of functions and 
any related personnel action, including voluntary separation incen-
tives if authorized by such legislation: Provided, That the authority 
to transfer funds between appropriations accounts that may be 
necessary to carry out this section is provided in addition to authori-
ties included under section 205 of this Act: Provided further. That 
use of funds to carry out this section shall be treated as a re-
programming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in that 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 or from actions taken 
for the care and protection of loan collateral or grant property 
shall be absorbed within the total budgetary resources available 
to such department or agency: Provided, That the authority to 
transfer funds between appropriations accounts as may be necessary 
to carry out this section is provided in addition to authorities 
included elsewhere in this Act: Provided further. That use of funds 
to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the proce-
dures set forth in that section. 
SEC. 208. The Secretary of Commerce may award contracts 
for hydrographic, geodetic, and photogrammetric surveying and 
mapping services in accordance with title D
C of the Federal Property 
Eind Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). 
13 use 141 note. 
SEC. 209. (a) Congress finds that— 
(1) it is the constitutional duty of the Congress to ensure 
that the decennial enumeration of the population is conducted 
in a manner consistent with the Constitution and laws of 
the United States; 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2481 
(2) the sole constitutional purpose of the 
decennial 
enumeration of the population is the apportionment of 
Representatives in Congress among the several States; 
(3) section 2 of the 14th article of amendment to the 
Constitution clearly states that Representatives are to be 
"apportioned among the several States according to their respec-
tive numbers, counting the whole number of persons in each 
State"; 
(4) article I, section 2, clause 3 of the Constitution clearly 
requires an "actual Enumeration" of the population, and section 
195 of title 13, United States Code, clearly provides "Except 
for the determination of population for purposes of apportion-
ment of Representatives in Congress among the several States, 
the Secretary shall, if he considers it feasible, authorize the 
use of the statistical method known as 'sampling* in carrying 
out the provisions of this title."; 
(5) the decennial enumeration of the population is one 
of the most critical constitutional functions our Federal Govern-
ment performs; 
(6) it is essential that the decennial enumeration of the 
population be as accurate as possible, consistent with the 
Constitution and laws of the United States; 
(7) the use of statistical sampling or statistical adjustment 
in conjunction with an actual enumeration to carry out the 
census with respect to any segment of the population poses 
the risk of an inaccurate, invedid, and unconstitutional census; 
(8) the decennial enumeration of the population is a 
complex and vast undertaking, and if such enumeration is 
conducted in a manner that does not comply with the require-
ments of the Constitution or laws of the United States, it 
would be impracticable for the States to obtain, and the courts 
of the United States to provide, meaningful relief after such 
enumeration has been conducted; and 
(9) Congress is committed to providing the level of funding 
that is required to perform the entire range of constitutional 
census activities, with a particular emphasis on accurately 
enumerating all individuals who have historically been under-
counted, and toward this end, Congress expects— 
(A) aggressive and innovative promotion and outreach 
campaigns in hard-to-count communities; 
(B) the hiring of enumerators from within those 
communities; 
(C) continued cooperation with local government on 
address list development; and 
(D) maximized census emplo3mtient opportunities for 
individuals seeking to make the transition from welfare 
to work. 
(b) Any person aggrieved by the use of any statistical method 
in violation of the Constitution or any provision of law (other 
than this Act), in connection with the 2000 or any later decennial 
census, to determine the population for purposes of the apportion-
ment or redistricting of Members in Congress, may in a civil action 
obtain declaratory, injunctive, and any other appropriate relief 
against the use of such method. 
(c) For purposes of this section— 
(1) the use of any statistical method as part of a dress 
rehearsal or other simulation of a census in preparation for 
I l l STAT. 2482 
PUBLIC LAW 105-119—NOV. 26, 1997 
the use of such method, in a decennial census, to determine 
the population for purposes of the apportionment or redistrict-
ing of Members in Congress shall be considered the use of 
such method in connection with that census; and 
(2) the report ordered by title VIII of Public Law 105-
18 and the Census 2000 Operational Plan shall be deemed 
to constitute final agency action regarding the use of statistical 
methods in the 2000 decennial census, thus making the ques-
tion of their use in such census sufficiently concrete and final 
to now be reviewable in a judicial proceeding, 
(d) For purposes of this section, an aggrieved person (described 
in subsection (b)) includes— 
(1) any resident of a State whose congressional representa-
tion or district could be changed as a result of the use of 
a statistical method challenged in the civil action; 
(2) any Representative or Senator in Congress; and 
(3) either House of Congress. 
(e)(1) Any action brought under this section shall be heard 
and determined by a district court of three judges in accordance 
with section 2284 of title 28, United States Code. The chief judge 
of the United States court of appeals for each circuit shall, to 
the extent practicable and consistent with the avoidance of unneces-
sary delay, consolidate, for all purposes, in one district court within 
that circuit, all actions pending in that circuit under this section. 
Any party to an action under this section shall be precluded from 
seeking any consolidation of that action other thsin is provided 
in this paragraph. In selecting the district court in which to consoli-
date such actions, the chief judge shall consider the convenience 
of the parties and witnesses and efficient conduct of such actions. 
Any final order or injunction of a United States district court 
that is issued pursuant to an action brought under this section 
shall be reviewable by appeal directly to the Supreme Court of 
the United States. Any such appeal shall be taken by a notice 
of appeal filed within 10 days after such order is entered; and 
the jurisdictional statement shall be filed within 30 days after 
such order is entered. No stay of an order issued pursuant to 
an action brought under this section may be issued by a single 
Justice of the Supreme Court. 
(2) It shall be the duty of a United States district court hearing 
an action brought under this section and the Supreme Court of 
the United States to advance on the docket and to expedite to 
the greatest possible extent the disposition of any such matter. 
(f) Any agency or entity within the executive branch having 
authority with respect to the carrying out of a decennial census 
may in a civil action obtain a declaratory judgment respecting 
whether or not the use of a statistical method, in connection with 
such census, to determine the population for the purposes of the 
apportionment or redistricting of Members in Congress is forbidden 
by the Constitution and laws of the United States. 
(g) The Speaker of the House of Representatives or the Speak-
er's designee or designees may commence or join in a civil action, 
for and on behalf of the House of Representatives, under any 
applicable law, to prevent the use of any statistical method, in 
connection with the decennial census, to determine the population 
for purposes of the apportionment or redistricting of Members in 
Congress. It shall be the duty of the Office of the General Counsel 
of the House of Representatives to represent the House in such 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2483 
civil action, according to the directions of the Speaker. The Office 
of the General Counsel of the House of Representatives may employ 
the services of outside counsel and other experts for this purpose. 
(h) For purposes of this section and section 210— 
(1) the term "statistical method" means an activity related 
to the design, planning, testing, or implementation of the use 
of representative sampling, or any other statistical procedure, 
including statistical adjustment, to add or subtract counts to 
or from the enumeration of the population as a result of statis-
tical inference; and 
(2) the term "census" or "decennial census" means a decen-
nial enumeration of the population. 
(i) Nothing in this Act shall be construed to authorize the 
use of any statistical method, in connection with a decennial census, 
for the apportionment or redistricting of Members in Congress. 
(j) Sufficient funds appropriated under this Act or under any 
other Act for purposes of the 2000 decennial census shall be used 
by the Bureau of the Census to plan, test, and become prepared 
to implement a 2000 decennial census, without using statistical 
methods, which shall result in the percentage of the total population 
actually enumerated being as close to 100 percent as possible. 
In both the 2000 decennial census, and any dress rehearsal or 
other simulation made in preparation for the 2000 decennial census, 
the number of persons enumerated without using statistical meth-
ods must be publicly available for all levels of census geography 
which are being released by the Bureau of the Census for: (1) 
all data releases before January 1, 2001; (2) the data contained 
in the 2000 decennial census Public Law 94-171 data file released 
for use in redistricting; (3) the Summary Tabulation File One (STF-
1) for the 2000 decennial census; and (4) the official populations 
of the States transmitted from the Secretary of Commerce through 
the President to the Clerk of the House used to reapportion the 
districts of the House among the States as a result of the 2000 
decennial census. Simultaneously with any other release or report-
ing of any of the information described in the preceding sentence 
through other means, such information shall be made available 
to the public on the Internet. These files of the Bureau of the 
Census shall be available concurrently to the release of the original 
files to the same recipients, on identicsd media, and at a comparable 
price. They shall contain the number of persons enumerated without 
using statistical methods and any additions or subtractions thereto. 
These files shall be based on data gathered and generated by 
the Bureau of the Census in its official capacity. 
(k) This section shall apply in fiscal year 1998 and succeeding 
fiscsd years. 
SEC. 210. (a) There shall be established a board to be known 
as the Census Monitoring Board (hereafter in this section referred 
to as the "Board"). 
(b) The function of the Board shall be to observe and monitor 
all aspects of the preparation and implementation of the 2000 
decennial census (including all dress rehearsals and other simula-
tions of a census in preparation therefor). 
(c)(1) The Board shall be composed of 8 members as follows: 
(A) Two individuals appointed by the majority leader of 
the Senate. 
(B) Two individuals appointed by the Speaker of the House 
of Representatives. 
Public 
infonnation. 
Internet. 
Establishment. 
13 u s e 141 note. 
I l l STAT. 2484 
PUBLIC LAW 105-119—NOV. 26, 1997 
President. 
(C) Four individuals appointed by the President, of whom— 
(i) one shall be on the recommendation of the minority 
leader of the Senate; and 
(ii) one shall be on the recommendation of the minority 
leader of the House of Representatives. 
All members of the Board shall be appointed within 60 days after 
the date of enactment of this Act. A vacancy in the Board shall 
be filled in the manner in which the original appointment was 
made. 
(2) Members shall not be entitled to any pay by reason of 
their service on the Board, but shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code. 
(3) The Board shall have— 
(A) a co-chairman who shall be appointed jointly by the 
members under subsection (c)(1)(A) and (B), and 
(B) a co-chairman who shall be appointed jointly by the 
members under subsection (c)(1)(C). 
(4) The Board shall meet at the call of either co-chairman. 
(5) A quorum shall consist of five members of the Board. 
(6) The Board may promulgate any regulations necessary to 
carry out its duties. 
(d)(1) The Board shall have— 
(A) an executive director who shall be appointed jointly 
by the members under subsection (c)(1)(A) and (B), and 
(B) an executive director who shall be appointed jointly 
by the members under subsection (c)(1)(C), 
each of whom shall be paid at a rate not to exceed level IV of 
the Executive Schedule. 
(2) Subject to such rules as the Board may prescribe, each 
executive director— 
(A) may appoint and fix the pay of such additional person-
nel as that executive director considers appropriate; Eind 
(B) may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, but at rates 
for individuals not to exceed the daily equivalent of the maxi-
mum annual rate of pay payable for grade GS-15 of the General 
Schedule. 
Such rules shall include provisions to ensure an equitable division 
or sharing of resources, as appropriate, between the respective 
staff of the Board. 
(3) The staff of the Board shall be appointed without regard 
to the provisions of title 5, United States Code, governing appoint-
ments in the competitive service, and shall be paid without regard 
to the provisions of chapter 51 and subchapter III of chapter 53 
of such title (relating to classification and General Schedule pay 
rates). 
(4) The Administrator of the General Services Administration, 
in coordination with the Secretary of Commerce, shall locate suit-
able office space for the operation of the Board in the W. Edwards 
Deming Building in Suitland, Maryland. The facilities shall serve 
as the headquarters of the Board and shall include all necessary 
equipment and incidentals required for the proper functioning of 
the Board. 
(e)(1) For the purpose of carrying out its duties, the Board 
may hold such hearings (at the call of either co-chairman) and 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2485 
undertake such other activities as the Board determines to be 
necessary to carry out its duties. 
(2) The Board may authorize any member of the Board or 
of its staff to take any action which the Board is authorized to 
take by this subsection. 
(3)(A) Each co-chairman of the Board and any members of 
the staff who may be designated by the Board under this paragraph 
shall be granted access to any data, files, information, or other 
matters maintained by the Bureau of the Census (or received by 
it in the course of conducting a decennial census of population) 
which they may request, subject to such regulations as the Board 
may prescribe in consultation with the Secretary of Commerce. 
(B) The Board or the co-chairmen acting jointly may secure 
directly from any other Federal agency, including the White House, 
all information that the Board considers necessary to enable the 
Board to carry out its duties. Upon request of the Board or both 
co-chairmen, the head of that agency (or other person duly 
designated for purposes of this paragraph) shall furnish that 
information to the Board. 
(4) The Board shall prescribe regulations under which any Regulations, 
member of the Board or of its staff, and any person whose services 
are procured under subsection (d)(2)(B), who gains access to any 
information or other matter pursuant to this subsection shall, to 
the extent that any provisions of section 9 or 214 of title 13, 
United States Code, would apply with respect to such matter in 
the case of an employee of the Department of Commerce, be subject 
to such provisions. 
(5) Upon the request of the Board, the head of any Federal 
agency is authorized to detail, without reimbursement, any of the 
personnel of such agency to the Board to assist the Board in 
carrying out its duties. Any such detail shall not interrupt or 
otherwise affect the civil service status or privileges of the Federal 
employee. 
(6) Upon the request of the Board, the head of a Federal 
agency shall provide such technical assistance to the Board as 
the Board determines to be necessary to carry out its duties. 
(7) The Board may use the United States mails in the same 
manner and under the same conditions as Federal agencies and 
shall, for purposes of the frank, be considered a commission of 
Congress as described in section 3215 of title 39, United States 
Code. 
(8) Upon request of the Board, the Administrator of General 
Services shall provide to the Board on a reimbursable basis such 
administrative support services as the Board may request. 
(9) For purposes of costs relating to printing and binding, 
including the cost of personnel detailed from the Grovemment Print-
ing Office, the Board shall be deemed to be a committee of the 
Congress. 
(f)(1) The Board shall transmit to the Congress— 
Reports. 
(A) interim reports, with the first such report due by April 
1, 1998; 
(B) additional reports, the first of which shall be due by 
February 1, 1999, the second of which shall be due by April 
1, 1999, and subsequent reports at least semiannually there-
after; 
(C) a final report which shall be due by September 1, 
2001; and 
I l l STAT. 2486 
PUBLIC LAW 105-119—NOV. 26, 1997 
(D) any other reports which the Board considers appro-
priate. 
The final report shall contain a detailed statement of the findings 
and conclusions of the Board with respect to the matters described 
in subsection (b). 
(2) In addition to any matter otherwise required under this 
subsection, each such report shall address, with respect to the 
period covered by such report— 
(A) the degree to which efforts of the Bureau of the Census 
to prepare to conduct the 2000 census— 
(i) shall achieve maximum possible accuracy at every 
level of geography; 
(ii) shall be taken by means of an enumeration process 
designed to count every individual possible; and 
(iii) shall be free from political bias and arbitrary 
decisions; and 
(B) efforts by the Bureau of the Census intended to 
contribute to enumeration improvement, specifically, in connec-
tion with— 
(i) computer modernization and the appropriate use 
of automation; 
(ii) address list development; 
(iii) outreach £ind promotion efforts at all levels 
designed to maximize response rates, especially among 
groups that have historically been undercounted (including 
measures undertaken in conjunction with local government 
and community and other groups); 
(iv) establishment and operation of field offices; and 
(v) efforts relating to the recruitment, hiring, and train-
ing of enumerators. 
(3) Any data or other information obtained by the Board under 
this section shall be made available to any committee or subcommit-
tee of Congress of appropriate jurisdiction upon request of the 
chairman or ranking minority member of such committee or sub-
committee. No such committee or subcommittee, or member thereof, 
shall disclose any information obtained under this paragraph which 
is submitted to it on a confidential basis unless the full committee 
determines that the withholding of that information is contrary 
to the national interest. 
(4) The Board shall study and submit to Congress, as part 
of its first report under paragraph (1)(A), its findings and rec-
ommendations as to the feasibility and desirability of using postal 
personnel or private contractors to help carry out the decennial 
census. 
(g) There is authorized to be appropriated $4,000,000 for each 
of fiscal years 1998 through 2001 to carry out this section. 
(h) To the extent practicable, members of the Board shall 
work to promote the most accurate and complete census possible 
by using their positions to publicize the need for full and timely 
responses to census questionnaires. 
(i)(l) No individual described in paragraph (2) shall be eligible— 
(A) to be appointed or to continue serving as a member 
of the Board or as a member of the staff thereof; or 
(B) to enter into any contract with the Board. 
Applicability. 
(2) This subsection applies with respect to any individual who 
is serving or who has ever served— 
(A) as the Director of the Census; or 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2487 
(B) with any committee or subcommittee of either House 
of Congress, having jurisdiction over any aspect of the decennial 
census, as— 
(i) a Member of Congress; or 
(ii) a congressional employee, 
(j) The Board shall cease to exist on September 30, 2001. Tennination 
(k) Section 9(a) of title 13, United States Code, is amended date. 
in the matter before paragraph (1) thereof by striking "of this 
title—" and inserting "of this title or section 210 of the Departments 
of Commerce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1998—". 
SEC. 211. (a) Section 401 of title 22, United States Code, is 
amended— 
(1) in subsection (a), by adding after the first sentence 
the following: "The Secretary of Commerce may seize and detain 
any commodity (other than arms or munitions of war) or tech-
nology which is intended to be or is being exported in violation 
of laws governing such exports and may seize and detain any 
vessel, vehicle, or aircraft containing the same or which has 
been used or is being used in exporting or attempting to export 
such articles."; and 
(2) in subsection (b), by adding after "and not inconsistent 
with the provisions hereof." the following: "However, with 
respect to seizures and forfeitures of property under this section 
by the Secretary of Commerce, such duties as are imposed 
upon the customs officer or any other person with respect 
to the seizure and forfeiture of property under the customs 
law may be performed by such officers as are designated by 
the Secretary of Commerce or, upon the request of the Secretary 
of Commerce, by any other agency that has authority to manage 
and dispose of seized property.", 
(b) Section 524(c)(ll)(B) of title 28, United States Code, is 
amended by adding at the end thereof "or pursuant to the authority 
of the Secretary of Commerce". 
SEC. 212. Notwithstanding any other provision of law, the 
Economic Development Administration is directed to transfer funds 
obligated and awarded to the Butte-Silver Bow Consolidated Local 
Government as Project Number 05-01-02822 to the Butte Local 
Development Corporation Revolving Loan Fund to be administered 
by the Butte Local Development Corporation, such funds to remain 
available until expended. In accordance with section 1557 of title 
31, United States Code, funds obligated and awarded in fiscal 
year 1994 under the heading "Economic Development Administra-
tion-Economic Development Assistance Programs" for Metropolitan 
Dade County, Florida, and subsequently transferred to Miami-Dade 
Community College for Project No. 04-49-04021 shall be exempt 
from subchapter IV of chapter 15 of such title and shall remain 
available for expenditure without fiscal year limitation. 
This title may be cited as the "Department of Commerce and 
Related Agencies Appropriations Act, 1998". 
I l l STAT. 2488 
PUBLIC LAW 105-119—NOV. 26, 1997 
The Judiciary 
TITLE III—THE JUDICIARY 
Appropriations 
Act, 1998. 
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; $29,245,000. 
CARE OF THE BUILDING AND GROUNDS 
For such expenditures as may be necessary to enable 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), 
$3,400,000, of which $485,000 shall remain available 
until 
expended. 
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT 
SALARIES AND EXPENSES 
For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized 
by law, $15,575,000. 
UNITED STATES COURT OF INTERNATIONAL TRADE 
SALARIES AND EXPENSES 
For salaries of the chief judge and eight judges, salaries of 
the officers and employees of the court, services as authorized 
by 5 U.S.C. 3109, and necessary expenses of the court, as authorized 
by law, $11,449,000. 
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL 
SERVICES 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal 
Judiciary not otherwise specifically provided for, and necessary 
expenses of the courts, as authorized by law, $2,682,400,000 (includ-
ing the purchase of firearms and ammunition); of which not to 
exceed $13,454,000 shall remain available until expended for space 
alteration projects; of which $900,000 shall be transferred to the 
Commission on Structural Alternatives for the Federal Courts of 
Appeals, to remain available until expended; and of which not 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2489 
to exceed $10,000,000 shall remain available until expended for 
furniture and furnishings related to new space alteration and 
construction projects. 
In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986, not to exceed $2,450,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund. 
VIOLENT CRIME REDUCTION PROGRAMS 
For activities of the Federal Judiciary as authorized by law, 
$40,000,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund, as authorized 
by section 190001(a) of Public Law 103-322, and sections 818 
and 823 of Public Law 104-132. 
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 representation by counsel; the compensation and 
reimbursement 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 foreign 
countries with which the United States has a treaty for the execu-
tion of penal sentences; and the compensation of attorneys 
appointed to represent jurors in civil actions for the protection 
of their employment, as authorized by 28 U.S.C. 
1875(d); 
$329,529,000, 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 commissioners as authorized 
by 28 U.S.C. 1863; and compensation 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)); 
$64,438,000, to remain available until expended: Provided, That 
the compensation of land commissioners shall not exceed the daily 
equivalent of the highest rate payable under section 5332 of title 
5, United States Code. 
COURT SECURITY 
For necessary expenses, not otherwise provided for, incident 
to the procurement, installation, and maintenance of security 
equipment and protective services for the United States Courts 
in courtrooms and adjacent areas, including building ingress-egress 
control, inspection of packages, directed security patrols, and other 
similar activities as authorized by section 1010 of the Judicial 
Improvement and Access to Justice Act (Public Law 100^702); 
Ill STAT. 2490 
PUBLIC LAW 105-119—NOV. 26, 1997 
$167,214,000, of which not to exceed $10,000,000 shall remain 
available until expended for security systems, to be expended 
directly or transferred to the United States Marshals Service which 
shall be responsible for administering elements of the Judicial 
Security Program consistent with standards or guidelines agreed 
to by the Director of the Administrative Office of the United States 
Courts and the Attorney General. 
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Office of the 
United States Courts as authorized by law, including 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, $52,000,000, of which not to 
exceed $7,500 is authorized for official reception and representation 
expenses. 
FEDERAL JUDICIAL CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Judicial Center, as 
authorized by PubHc Law 90-219, $17,495,000; of which $1,800,000 
shall remain available through September 30, 1999, to provide 
education and training to Federal court personnel; and of which 
not to exceed $1,000 is authorized for official reception and represen-
tation 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), $25,000,000; to the Judicial Survi-
vors' Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,400,000; 
and to the United States Court of Federal Claims Judges' Retire-
ment Fund, as authorized by 28 U.S.C. 178(1), $1,800,000. 
UNITED STATES SENTENCING COMMISSION 
SALARIES A N D EXPENSES 
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $9,240,000, 
of which not to exceed $1,000 is authorized for official reception 
and representation expenses. 
GENERAL PROVISIONS—THE JUDICIARY 
SEC. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available 
for services as authorized by 5 U.S.C. 3109. 
SEC. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act 
may be transferred between such appropriations, but no such appro-
priation, except "Courts of Appeals, District Courts, and Other 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2491 
Judicial Services, Defender Services" and "Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors 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 expendi-
ture except in compliance with the procedures set forth in that 
section. 
SEC. 303. Notwithstanding any other provision of law, the 
salaries and expenses appropriation for district courts, courts of 
appeals, and other judicial services shall be available for official 
reception and representation expenses 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. 304. Section 612 of title 28, United States Code, shall 
be amended by striking out subsection (1). 
SEC. 305. (a) COMMISSION ON STRUCTURAL ALTERNATIVES FOR 
28 use 4i note. 
THE FEDERAL COURTS OF APPEALS.— 
(1) ESTABLISHMENT AND FUNCTIONS OF COMMISSION.— 
(A) ESTABLISHMENT.—There is established a Commis-
sion on Structural Alternatives for the Federal Courts of 
Appeals (hereinafter referred to as the "Commission"). 
(B) FUNCTIONS.—^The functions of the Commission 
shall be to— 
(i) study the present division of the United States 
into the several judicial circuits; 
(ii) study the structure and alignment of the 
Federal Court of Appeals system, with particular ref-
erence to the Ninth Circuit; and 
(iii) report to the President and the Congress its Reports. 
recommendations for such changes in circuit bound-
aries or structure as may be appropriate for the expedi-
tious and effective disposition of the caseload of the 
Federal Courts of Appeals, consistent with fundamen-
tal concepts of fairness and due process. 
(2) MEMBERSHIP.— 
(A) COMPOSITION.—^The Commission shall be composed 
of five members who shall be appointed by the Chief Justice 
of the United States. 
(B) APPOINTMENT.—^The members of the Commission 
shall be appointed within 30 days after the date of enact-
ment of this Act. 
(C) VACANCY.—^Any vacancy in the Commission shall 
be filled in the same manner as the original appointment. 
(D) CHAIR.—^The Commission shall elect a chair and 
vice chair from among its members. 
(E) QUORUM.—^Three members of the Commission shall 
constitute a quorum, but two may conduct hearings. • 
(3) COMPENSATION.— 
(A) IN GENERAL.—^Members of the Commission who 
are officers, or full-time employees, of the United States 
shall receive no additional compensation for their services, 
but shall be reimbursed for travel, subsistence, and other 
necessary expenses incurred in the performance of duties 
I l l STAT. 2492 
PUBLIC LAW 105-119—NOV. 26, 1997 
vested in the Commission, but not in excess of the maxi-
mum amounts authorized under section 456 of title 28, 
United States Code. 
(B) PRIVATE MEMBERS.—Members of the Commission 
from private life shall receive $200 for each day (including 
travel time) during which the member is engaged in the 
actual performance of duties, but not in excess of the maxi-
mum amounts authorized under section 456 of title 28, 
United States Code. 
(4) PERSONNEL.— 
(A) 
EXECUTIVE 
DIRECTOR.—The Commission 
may 
appoint an Executive Director who shall receive compensa-
tion at a rate not exceeding the rate prescribed for level 
V of the Executive Schedule under section 5316 of title 
5, United States Code. 
(B) STAFF.—^The Executive Director, with the approval 
of the Commission, may appoint and fix the compensation 
of such additional personnel as the Executive Director 
determines necessary, without regard to the provisions of 
title 5, United States Code, governing appointments in 
the competitive service or the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating 
to classification and General Schedule pay rates. Com-
pensation under this paragraph shall not exceed the annual 
maximum rate of basic pay for a position above GS-15 
of the General Schedule under section 5108 of title 5, 
United States Code. 
(C) 
EXPERTS 
AND 
CONSULTANTS.—^The 
Executive 
Director may procure personal services of experts and 
consultants as authorized by section 3109 of title 5, United 
States Code, at rates not to exceed the highest level payable 
under the General Schedule pay rates under section 5332 
of title 5, United States Code. 
(D) SERVICES.—^The Administrative Office of the United 
States Courts shall provide administrative services, includ-
ing financial and budgeting services, to the Commission 
on a reimbursable basis. The Federal Judicial Center shall 
provide necessary research services to the Commission on 
a reimbursable basis. 
(5) 
INFORMATION.—^The Commission 
is authorized 
to 
request 
from 
any 
department, 
agency, 
or 
independent 
instrumentality of the Government any information and assist-
ance the Commission determines necessary to carry out its 
functions under this section. Each such department, agency, 
and independent instrumentality is authorized to provide such 
information and assistance to the extent permitted by law 
when requested by the chair of the Commission. 
(6) REPORT.—^The Commission shall conduct the studies 
required in this section during the 10-month period beginning 
on the date on which a quorum of the Commission has been 
appointed. Not later than 2 months following the completion 
of such 10-month period, the Commission shall submit its report 
Termination 
to the President and the Congress. The Commission shall termi-
nate, 
nate 90 days after the date of the submission of its report, 
(b) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to the Commission such sums, not to exceed 
$900,000, as may be necessary to carry out the purposes of this 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2493 
section. Such sums as are appropriated shall remain available 
until expended. 
SEC. 306. Pursuant to section 140 of Public Law 97-92, justices 
28 USC 461 note, 
and judges of the United States are authorized during fiscal year 
1998, to receive a salary adjustment in accordance with 28 U.S.C. 
461: Provided, That $5,000,000 is appropriated for salary adjust-
ments pursuant to this section and such funds shall be transferred 
to and merged with appropriations in title III of this Act. 
SEC. 307. Section 44(c) of title 28, United States Code, is 
amended by adding at the end thereof the following sentence: 
"In each circuit (other than the Federal judicial circuit) there shall 
be at least one circuit judge in regular active service appointed 
from the residents of each state in that circuit.". 
SEC. 308. Section 3006A(d) of title 18, United States Code, 
is amended by striking paragraph (4) and inserting the following: 
"(4) DISCLOSURE OF FEES.— 
"(A) IN GENERAL.—Subject to subparagraphs 
(B) 
through (E), the amounts paid under this subsection for 
services in any case shall be made available to the public 
by the court upon the court's approval of the payment. 
"(B) PRE-TRIAL OR TRIAL IN PROGRESS.—If a trial is 
in pre-trial status or still in progress and after considering 
the defendant's interests as set forth in subparagraph (D), 
the court shall— 
"(i) redact any detailed information on the payment 
voucher provided by defense counsel to justify the 
expenses to the court; and 
"(ii) make public only the amounts approved for 
pa3rment to defense counsel by dividing those amounts 
into the following categories: 
"(I) Arraignment and or plea. 
"(II) Bail and detention hearings. 
"(Ill) Motions. 
"(IV) Hearings. 
"(V) Interviews and conferences. 
"(VI) Obtaining and reviewing records. 
"(VII) Legal research and brief writing. 
"(VIII) Travel time. 
"(IX) Investigative work. 
"(X) Experts. 
"(XI) Trial and appeals. 
"(XII) Other. 
"(C) TRIAL COMPLETED.— 
"(i) IN GENERAL.—If a request for payment is not 
submitted until after the completion of the trial and 
subject to consideration of the defendant's interests 
as set forth in subparagraph (D), the court shall make 
available to the public an unredacted copy of the 
expense voucher. 
"(ii) PROTECTION OF THE RIGHTS OF THE DEFEND-
ANT.—If 
the 
court 
determines 
that 
defendant's 
interests as set forth in subparagraph (D) require a 
limited disclosure, the court shall disclose amounts 
as provided in subparagraph (B). 
"(D) CONSIDERATIONS.—^The interests referred to in 
subparagraphs (B) and (C) are— 
Ill STAT. 2494 
PUBLIC LAW 105-119—NOV. 26, 1997 
"(i) to protect any person's 5th amendment right 
against self-incrimination; 
"(ii) to protect the defendant's 6th amendment 
rights to effective assistance of counsel; 
"(iii) the defendant's attorney-client privilege; 
"(iv) the work product privilege of the defendant's 
counsel; 
"(v) the safety of any person; and 
"(vi) any other interest that justice may require. 
"(E) NOTICE.—^The court shall provide reasonable notice 
of disclosure to the counsel of the defendant prior to the 
approval of the payments in order to allow the counsel 
to request redaction based on the considerations set forth 
in subparagraph (D). Upon completion of the trial, the 
court shall release unredacted copies of the vouchers pro-
vided by defense counsel to justify the expenses to the 
court. If there is an appeal, the court shall not release 
unredacted copies of the vouchers provided by defense coun-
sel to justify the expenses to the court until such time 
as the appeals process is completed, unless the court deter-
mines that none of the defendant's interests set forth in 
subparagraph (D) will be compromised. 
Applicability. 
"(F) EFFECTIVE DATE.—^The amendment made by para-
graph (4) shall become effective 60 days £ifter enactment 
of this Act, will apply only to cases filed on or after the 
effective date, and shall be in effect for no longer than 
24 months after the effective date.". 
This title may be cited as "The Judiciary Appropriations Act, 
1998". 
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; representation to certain international organizations 
in which the United States participates pursuant to treaties, ratified 
pursuant to the advice and consent of the Senate, or specific Acts 
of Congress; acquisition by exchange or purchase 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; 
$1,705,600,000: Provided, That of the amount made available under 
this heading, not to exceed $4,000,000 may be transferred to, and 
merged with, funds in the "Emergencies in the Diplomatic and 
Consular Service" appropriations account, to be available only for 
emergency evacuations and terrorism rewards: Provided 
further, 
8 use 1351 note. 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), fees may be 
collected during fiscal years 1998 and 1999 under the authority 
of section 140(a)(1) of that Act: Provided further. That all fees 
Department of 
State and 
Related Agencies 
Appropriations 
Act, 1998. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2495 
collected under the preceding proviso shall be deposited in fiscal 
years 1998 and 1999 as an offsetting collection to appropriations 
made under this heading to recover costs as set forth under section 
140(a)(2) of that Act and shall remain available until expended. 
In addition to funds otherwise available, 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 $17,312,000 shall be available only for the 
enhancement of the Diplomatic Telecommunications Service and 
shall remain available until expended. 
In addition, not to exceed $700,000 in registration fees collected 
pursuant to section 38 of the Arms Export Control Act, as amended, 
may be used in accordance with section 45 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2717); in addition not 
to exceed $1,252,000 shall be derived from fees collected from other 
executive agencies for lease or use of facilities located at the Inter-
national Center in accordance with section 4 of the International 
Center Act (Public Law 90-553), as amended, and in addition, 
as authorized by section 5 of such Act $490,000, 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 reimbursements, surcharges, 
and fees for use of Blair House facilities in accordance with section 
46 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2718(a)). 
Notwithstanding section 402 of this Act, not to exceed 20 per-
cent of the amounts made available in this Act in the appropriation 
accounts "Diplomatic and Consular Programs" and "Salaries and 
Expenses" under the heading "Administration of Foreign Affairs" 
may be transferred between such appropriation accounts: Provided, 
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. 
In addition, for counterterrorism requirements overseas, includ-
ing security guards and equipment, $23,700,000, to remain available 
until expended. 
SALARIES AND EXPENSES 
For expenses necessary for the general administration of the 
Department of State and the Foreign Service, 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 Authorities Act of 1956, as amended, $363,513,000. 
CAPITAL INVESTMENT FUND 
For necessary expenses of the Capital Investment Fund, 
$86,000,000, 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 available 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 
Ill STAT. 2496 
PUBLIC LAW 105-119—NOV. 26, 1997 
209(a)(1) of the Foreign Service Act of 1980, as amended (Public 
Law 96-465), as it relates to post inspections. 
REPRESENTATION ALLOWANCES 
For representation allowances as authorized by section 905 
of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085), 
$4,200,000. 
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS 
For expenses, not otherwise provided, to enable the Secretary 
of State to provide for extraordinary protective services in accord-
ance with the provisions of section 214 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, 
$7,900,000, to remain available until September 30, 1999. 
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS 
For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving, 
maintaining, repairing, and planning for, buildings that are owned 
or directly leased by the Department of State, and carrying out 
the Diplomatic Security Construction Program as authorized by 
title IV of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986 (22 U.S.C. 4851), $404,000,000, to remain available 
until expended as authorized by section 24(c) of the State Depart-
ment 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 furniture and furnishings and generators 
for other departments and agencies. 
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE 
For expenses necessary to enable the Secretary of State to 
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service pursuant to the requirement of 31 U.S.C. 3526(e), 
$5,500,000 to remain available until expended as authorized by 
section 24(c) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may 
be transferred to and merged with the Repatriation Loans Program 
Account, subject to the same terms and conditions. 
REPATRIATION LOANS PROGRAM ACCOUNT 
For the cost of direct loans, $593,000, as authorized by section 
4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2671): Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974. In addition, for administrative expenses nec-
essary to carry out the direct loan program, $607,000 which may 
be transferred to and merged with the Salaries and Expenses 
account under Administration of Foreign Affairs. 
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 
For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8, $14,000,000. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2497 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY 
FUND 
For pa)niient to the Foreign Service Retirement and Disability 
Fund, as authorized by law, $129,935,000. 
INTERNATIONAL ORGANIZATIONS AND CONFERENCES 
22 use 269a 
note. 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
For expenses, not otherwise provided for, necessary to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice 
and consent of the Senate, conventions or specific Acts of Congress, 
$955,515,000, of which not to exceed $54,000,000 shall remain 
available until expended for payment of arrearages: Provided, That 
none of the funds appropriated or otherwise made available by 
this Act for payment of arrearages may be obligated or expended 
unless such obligation or expenditure is expressly authorized by 
the enactment of an Act that makes payment of arrearages contin-
gent upon reforms that should include the following: (1) a reduction 
in the United States assessed share of the United Nations regular 
budget to 20 percent and of peacekeeping operations to 25 percent; 
(2) reimbursement for goods and services provided by the United 
States to the United Nations; (3) certification that the United 
Nations and its specialized or affiliated agencies have not taken 
any action to infringe on the sovereignty of the United States; 
(4) a ceiling on United States contributions to international 
organizations after fiscal year 1998 of $900,000,000; (5) estabUsh-
ment of a merit-based personnel system at the United Nations 
that includes a code of conduct and a personnel evaluation system; 
(6) United States membership on the Advisory Committee on 
Administrative and Budgetary Questions that oversees the United 
Nations budget; (7) access to United Nations financial data by 
the General Accounting Office; (8) achievement of a negative growth 
budget and the establishment of independent inspectors general 
for affiliated organizations; and (9) improved consultation proce-
dures with the Congress: Provided further. That any payment of 
arrearages shall be directed toward special activities that are mutu-
ally agreed upon by the United States and the respective inter-
national organization: Provided further. That 20 percent of the 
funds appropriated in this paragraph for the assessed contribution 
of the United States to the United Nations shall be withheld from 
obligation and expenditure until a certification is made under sec-
tion 401(b) of Public Law 103-236 and under such other require^^^ 
ments related to the Office of Internal Oversight Services of the 
United Nations as may be enacted into law for fiscal year 1998: 
Provided further. That certification under section 401(b) of Public 
Law 103—236 for fiscal year 1998 may only be made if the Commit-
tees on Appropriations and Foreign Relations of the Senate and 
the Committees on Appropriations and International Relations of 
the House of Representatives are notified of the steps taken, and 
anticipated, to meet the requirements of section 401(b) of Public 
Law 103-236 at least 15 days in advance of the proposed certifi-
cation: Provided further, That none of the funds appropriated in 
this paragraph shall be available for a United States contribution 
to an international organization for the United States share of 
interest costs made known to the United States Government by 
I l l STAT. 2498 
PUBLIC LAW 105-119—NOV. 26, 1997 
such organization for loans incurred on or after October 1, 1984, 
through external borrowings: Provided further, That of the funds 
appropriated in this paragraph, $100,000,000 may be made avail-
able only on a semiannual basis pursuant to a certification by 
the Secretary of State on a semiannual basis, that the United 
Nations has taken no action during the preceding six months to 
increase funding for any United Nations program without identify-
ing an offsetting decrease during that six-month period elsewhere 
in the United Nations budget and cause the United Nations to 
exceed the expected reform budget for the biennium 1998-1999 
of $2,533,000,000: Provided further. That not to exceed $12,000,000 
shall be transferred from funds made available under this heading 
to the "International Conferences and Contingencies" account for 
United States contributions to the Comprehensive Nuclear Test 
Ban Treaty Preparatory Commission, provided that such transferred 
funds are obligated or expended only for Commission ipeetings 
and 
sessions, 
provisional 
technical 
secretariat 
salaries 
and 
expenses, other Commission administrative and training activities, 
including purchase of training equipment, and upgrades to existing 
internationally based monitoring systems involved in cooperative 
data sharing agreements with the United States as of the date 
of enactment of this Act, until the United States Senate ratifies 
the Comprehensive Nuclear Test Ban Treaty. 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For necessary expenses to pay assessed and other expenses 
of international peacekeeping activities directed to the maintenance 
or restoration of international peace and security, $256,000,000, 
of which not to exceed $46,000,000 shall remain availalale until 
expended for payment of arrearages: Provided, That none of the 
funds appropriated or otherwise made available by this Act for 
payment of arrearages may be obligated or expended unless such 
obligation or expenditure is expressly authorized by the enactment 
of an Act described in the first proviso under the heading "Contribu-
tions to International Organizations" in this title: Provided 
further. 
That none of the funds made available under this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting 
for the new or expanded mission in the United Nations Security 
Council (or in an emergency, as far in advance as is practicable): 
Notification. 
(1) the Committees on Appropriations of the House of Representa-
tives and the Senate and other appropriate committees of the Con-
gress are notified of the estimated cost and length of the mission, 
the vital national interest that will be served, and the planned 
exit strategy; and (2) a reprogramming of funds pursuant to section 
605 of this Act is submitted, and the procedures therein followed, 
setting forth the source of funds that will be used to pay for 
the cost of the new or expanded mission: Provided further. That 
funds shall be available for peacekeeping expenses only upon a 
certification by the Secretary of State to the appropriate committees 
of the Congress that American manufacturers and suppliers are 
being given opportunities to provide equipment, services, and mate-
rial for United Nations peacekeeping activities equal to those being 
given to foreign manufacturers and suppliers. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2499 
INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for, to meet 22USC269a 
obligations of the United States arising under treaties, or specific note. 
Acts of Congress, as follows: 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES 
AND MEXICO 
For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and 
Mexico, and to comply with laws applicable to the United States 
Section, including not to exceed $6,000 for representation; as 
follows: 
SALARIES AND EXPENSES 
For salaries and expenses, not otherwise provided 
for, 
$17,490,000. 
CONSTRUCTION 
For detailed plan preparation and construction of authorized 
projects, $6,463,000, to remain available until expended, as author-
ized by section 24(c) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2696(c)). 
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties 
between the United States and Canada or Great Britain, and for 
the Border Environment Cooperation Commission as authorized 
by Pubhc Law 103-182, $5,490,000, of which not to exceed $9,000 
shall be available for representation expenses incurred by the Inter-
national Joint Commission. 
INTERNATIONAL FISHERIES COMMISSIONS 
For necessary expenses for international fisheries commissions, 
not otherwise provided for, as authorized by law, $14,549,000: 
Provided, That the United States' share of such expenses may 
be advanced to the respective commissions, pursuant to 31 U.S.C. 
3324. 
OTHER 
PAYMENT TO THE ASL\ FOUNDATION 
For a grant to the Asia Foundation, as authorized by section 
501 of Public Law 101-246, $8,000,000, to remain available until 
expended, as authorized by section 24(c) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2696(c)). 
I l l STAT. 2500 
PUBLIC LAW 105-119—NOV. 26, 1997 
RELATED AGENCIES 
ARMS CONTROL AND DISARMAMENT AGENCY 
ARMS CONTROL AND DISARMAMENT ACTIVITIES 
For necessary expenses not otherwise provided, for arms 
control, nonproliferation, and disarmament activities, $41,500,000, 
of which not to exceed $50,000 shall be for official reception and 
representation expenses as authorized by the Act of September 
26, 1961, as amended (22 U.S.C. 2551 et seq.). 
(RESCISSION) 
Of the unexpended balances previously appropriated under this 
heading, $700,000 are rescinded. 
UNITED STATES INFORMATION AGENCY 
INTERNATIONAL INFORMATION PROGRAMS 
For expenses, not otherwise provided for, necessary to enable 
the United States Information Agency, as authorized by the Mutual 
Educational and Cultural Exchange Act of 1961, as amended (22 
U.S.C. 2451 et seq.), the United States Information and Educational 
Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), and 
Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out 
international communication, educational and cultural activities; 
and to carry out related activities authorized by law, including 
employment, without regard to civil service and classification laws, 
of persons on a temporary basis (not to exceed $700,000 of this 
appropriation), as authorized by section 801 of such Act of 1948 
(22 U.S.C. 1471), and entertainment, including official receptions, 
within the United States, not to exceed $25,000 as authorized 
by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3)); 
$427,097,000: Provided, That not to exceed $1,400,000 may be used 
for representation abroad as authorized by section 302 of such 
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service 
Act of 1980 (22 U.S.C. 4085): Provided further. That not to exceed 
$6,000,000, to remain available until expended, may be credited 
to this appropriation from fees or other payments received from 
or in connection with English teaching, library, motion pictures, 
and publication programs as authorized by section 810 of such 
Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other 
law, fees from educational advising and counseling, and exchange 
visitor program services: Provided further. That not to exceed 
$920,000 to remain available until expended may be used to carry 
out projects involving security construction and related improve-
ments for agency facilities not physically located together with 
Department of State facilities abroad. 
TECHNOLOGY FUND 
For expenses necessary to enable the United States Information 
Agency to provide for the procurement of information technology 
improvements, as authorized by the United States Information and 
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 
et seq.), the Mutual Educational and Cultural Exchange Act of 
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2501 
Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available 
until expended. 
EDUCATIONAL 
AND 
CULTURAL 
EXCHANGE 
PROGRAMS 
For expenses of educational and cultural exchange programs, 
as authorized by the Mutual Educational and Cultural Exchange 
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganiza-
tion Plan No. 2 of 1977 (91 Stat. 1636), $197,731,000, to remain 
available until expended as authorized by section 105 of such Act 
of 1961 (22 U.S.C. 2455): Provided, That not to exceed $800,000, 
to remain available until expended, may be credited to this appro-
priation from fees or other payments received from or in connection 
with English teaching and publication programs as authorized by 
section 810 of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any 
other provision of law, fees from educational advising and counsel-
ing. 
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND 
For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest 
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 1998, to remain 
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof, 
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes 
which are not in accordance with 0MB Circulars A-110 (Uniform 
Administrative Requirements) and A-122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation 
for personal services. 
ISRAELI ARAB SCHOLARSHIP PROGRAM 
For necessary expenses of the Israeli Arab Scholarship Program 
as authorized by section 214 of the Foreign Relations Authorization 
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest 
and earnings accruing to the Israeli Arab Scholarship Fund on 
or before September 30, 1998, to remain available until expended. 
INTERNATIONAL BROADCASTING OPERATIONS 
For expenses necessary to enable the United States Information 
Agency, as authorized by the United States Information and Edu-
cational Exchange Act of 1948, as amended, the United States 
International Broadcasting Act of 1994, as amended, and Reorga-
nization Plan No. 2 of 1977, to carry out international communica-
tion activities, $364,415,000, of which $12,100,000 shall remain 
available until expended, not to exceed $16,000 may be used for 
official receptions within the United States as authorized by section 
804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000 
may be used for representation abroad as authorized by section 
302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the 
Foreign Service Act of 1980 (22 U.S.C. 4085), and not to exceed 
$39,000 may be used for offici£il reception and representation 
I l l STAT. 2502 
PUBLIC LAW 105-119—NOV. 26, 1997 
expenses of Radio Free Europe/Radio Liberty; and in addition, not-
withstanding any other provision of law, not to exceed $2,000,000 
in receipts from advertising and revenue from business ventures, 
not to exceed $500,000 in receipts from cooperating international 
organizations, and not to exceed $1,000,000 in receipts from 
privatization efforts of the Voice of America and the International 
Broadcasting Bureau, to remain avsdlable until expended for carry-
ing out authorized purposes, 
BROADCASTING TO CUBA 
For expenses necessary to enable the United States Information 
Agency to carry out the Radio Broadcasting to Cuba Act, as amend-
ed, the Television Broadcasting to Cuba Act, and the International 
Broadcasting Act of 1994, including the purchase, rent, construction, 
and improvement of facilities for radio and television transmission 
and reception, and purchase and inst£illation of necessary equipment 
for radio and television transmission and reception, $22,095,000, 
to remain available until expended. 
RADIO CONSTRUCTION 
For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase and 
installation of necessary equipment for radio and television trans-
mission and reception as authorized by section 801 of the United 
States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1471), $40,000,000, to remain available until expended, as 
authorized by section 704(a) of such Act of 1948 (22 U.S.C. 
1477b(a)). 
EAST-WEST CENTER 
To enable the Director of the United States Information Agency 
to provide for carr3dng out the provisions of the Center for Cultural 
and Technical Interchange Between East and West Act of 1960 
(22 U.S.C. 2054-2057), by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of 
Hawaii, $12,000,000: Provided, That none of the funds appropriated 
herein shall be used to pay any salary, or enter into any contract 
providing for the pa3rment thereof, in excess of the rate authorized 
by 5 U.S.C. 5376. 
NORTH/SOUTH CENTER 
To enable the Director of the United States Information Agency 
to provide for carrying out the provisions of the North/South Center 
Act of 1991 (22 U.S.C. 2075), by grant to an educational institution 
in Florida known as the North/South Center, $1,500,000, to remain 
available until expended. 
NATIONAL ENDOWMENT FOR DEMOCRACY 
For grants made by the United States Information Agency 
to the National Endowment for Democracy as authorized by the 
National Endowment for Democracy Act, $30,000,000, to remain 
available until expended. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2503 
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED 
AGENCIES 
SEC. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for 
services as authorized by 5 U.S.C. 3109; and hire of passenger 
transportation pursuant to 31 U.S.C. 1343(b). 
SEC. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State 
in this Act 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 not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the United States Informa-
tion Agency in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically 
provided, shall be increased by more than 10 percent by any such 
transfers: Provided further. That any transfer pursuant to this 
section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
SEC. 403. Funds appropriated by this Act for the United States 
Information Agency, the A*ms Control and Disarmament Agency, 
and the Department of State may be obligated and expended not-
withstanding section 701 of the United States Information and 
Educational Exchange Act of 1948 and section 313 of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995, section 
53 of the Arms Control and Disarmament Act, and section 15 
of the State Department Basic Authorities Act of 1956. 
SEC. 404. (a)(1) For purposes of implementing the International 
Cooperative Administrative Support Services program in fiscal year 
1998, the amounts referred to in paragraph (2) shall be transferred 
in accordance with the provisions of subsection (b). 
(2) Paragraph (1) applies to amounts made available by title 
IV of this Act under the heading "ADMINISTRATION OF FOREIGN 
AFFAIRS" as follows: 
(A) $108,932,000 of the amount made available under the 
paragraph "DIPLOMATIC AND CONSULAR PROGRAMS". 
(B) $3,530,000 of the amount made available under the 
paragraph "SECURITY AND MAINTENANCE OF UNITED STATES 
MISSIONS". 
(b) Funds transferred pursuant to subsection (a) shall be trans-
ferred to the specified appropriation, allocated to the specified 
account or accounts in the specified amount, be merged with funds 
in such account or accounts that are available for administrative 
support expenses of overseas activities, and be available for the 
same purposes, and subject to the same terms and conditions, 
as the funds with which merged, as follows: 
(1) Appropriations for the legislative branch— 
(A) for the Library of Congress, for salaries and 
expenses, $500,000; and 
(B) for the General Accounting Office, for salaries and 
expenses, $12,000. 
(2) Appropriations for the Office of the United States Trade 
Representative, for salaries and expenses, $302,000. 
I l l STAT. 2504 
PUBLIC LAW 105-119—NOV. 26, 1997 
(3) Appropriations for the Department of Commerce, for 
the International Trade Administration, for operations and 
administration, $7,055,000. 
(4) Appropriations for the Department of Justice— 
(A) for legal activities— 
(i) for general legal activities, for salaries and 
expenses, $194,000; and 
(ii) for the United States Marshals Service, for 
salaries and expenses, $2,000; 
(B) for the Federal Bureau of Investigation, for salaries 
and expenses, $2,477,000; 
(C) for the Drug Enforcement Administration, for 
salaries and expenses, $6,356,000; and 
(D) for the Immigration and Naturalization Service, 
for salaries and expenses, $1,313,000. 
(5) Appropriations for the United States 
Information 
Agency, for international information programs, $25,047,000. 
(6) Appropriations for the Arms Control and Disarmament 
Agency, 
for 
arms 
control 
and 
disarmament 
activities, 
$1,247,000. 
(7) Appropriations to the President— 
(A) for the Foreign Military Financing Program, for 
administrative costs, $6,660,000; 
(B) for the Economic Support Fund, $336,000; 
(C) for the Agency for International Development— 
(i) for operating expenses, $6,008,000; 
(ii) for the Urban and Environmental Credit 
Program, $54,000; 
(iii) 
for 
the 
Development 
Assistance 
Fund, 
$124,000; 
(iv) for the Development Fund for Africa, $526,000; 
(v) for assistance for the new independent states 
of the former Soviet Union, $818,000; 
(vi) for assistance for Eastern Europe and the 
Baltic States, $283,000; and 
(vii) for international disaster assistance, $306,000; 
(D) for the Peace Corps, $3,672,000; and 
(E) for the Department of State— 
(i) for international narcotics control, $1,117,000; 
and 
(ii) for migration and refugee assistance, $394,000. 
(8) Appropriations for the Department of Defense— 
(A) for operation and maintenance— 
(i) 
for 
operation 
and 
maintenance, 
Army, 
$4,394,000; 
(ii) 
for 
operation 
and 
maintenemce. 
Navy, 
$1,824,000; 
(iii) for operation and maintenance. Air Force, 
$1,603,000; and 
(iv) for operation and maintenance. Defense-Wide, 
$21,993,000; and 
(B) for procurement, for other procurement. Air Force, 
$4,211,000. 
(9) Appropriations for the American Battle Monuments 
Commission, for salaries and expenses, $210,000. 
(10) Appropriations for the Department of Agriculture— 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2505 
(A) for the Animal and Plant Health Inspection Service, 
for salaries and expenses, $932,000; 
(B) for the Foreign Agricultural Service and General 
Sales Manager, $4,521,000; and 
(C) for the Agricultural Research Service, $16,000. 
(11) Appropriations for the Department of the Treasury— 
(A) for the United States Customs Service, for salaries 
and expenses, $2,002,000; 
(B) for departmental offices, for salaries and expenses, 
$804,000; 
(C) for the Internal Revenue Service, for tax law 
enforcement, $662,000; 
(D) for the Bureau of Alcohol, Tobacco, and Firearms, 
for salaries and expenses, $17,000; 
(E) for the United States Secret Service, for salaries 
and expenses, $617,000; and 
(F) for the Comptroller of the Currency, for assessment 
funds, $29,000. 
(12) Appropriations for the Department of Transportation— 
(A) for the Federal Aviation Administration, 
for 
operations, $1,594,000; and 
(B) for the Coast Guard, for operating expenses, 
$65,000. 
(13) Appropriations for the Department of Labor, for 
departmental management, for salaries and expenses, $58,000. 
(14) Appropriations for the Department of Health and 
Human Services— 
(A) for the National Institutes of Health, for the 
National Cancer Institute, $42,000; 
(B) for the Office of the Secretary, for general depart-
mental management, $71,000; and 
(C) for the Centers for Disease Control and Prevention, 
for disease control, research, and training, $522,000. 
(15) Appropriations for the Social Security Administration, 
for administrative expenses, $370,000. 
(16) Appropriations for the Department of the Interior— 
(A) for the United States Fish and Wildlife Service, 
for resource management, $12,000; 
(B) for the United States Geological Survey, for 
surveys, investigations, and research, $80,000; and 
(C) for the Bureau of Reclamation, for water and 
related resources, $101,000. 
(17) Appropriations for the Department of Veterans Affairs, 
for 
departmental 
administration, 
for 
general 
operating 
expenses, $453,000. 
(18) Appropriations for the National Aeronautics and Space 
Administration, for mission support, $183,000. 
(19) Appropriations for the National Science Foundation, 
for research and related activities, $39,000. 
(20) Appropriations for the Federal Emergency Manage-
ment Agency, for salaries and expenses, $4,000. 
(21) Appropriations for the Department of Energy-^ 
(A) for departmental administration, $150,000; and 
(B) for atomic energy defense activities, for other 
defense activities, $54,000. 
(22) Appropriations for the Nuclear Regulatory Commis-
sion, for salaries and expenses, $26,000. 
39-194 O - 97 - 14 : QL 3 Part 3 
I l l STAT. 2506 
PUBLIC LAW 105-119—NOV. 26, 1997 
(c)(1) The amount in subsection (a)(2)(A) is reduced by 
$2,800,000. 
(2) Each amount in subsection (b) is reduced on a pro rata 
basis in the same proportion as $2,800,000 bears to $112,462,000, 
rounded to the nearest thousand. 
Border 
SEC. 405. (a) An employee who regularly commutes from his 
adjustment. 
or her place of residence in the continental United States to an 
official duty station in Canada or Mexico shall receive a border 
equalization adjustment equal to the amount of comparability pay-
ments under section 5304 of title 5, United States Code, that 
he or she would receive if assigned to an official duty station 
within the United States locality pay area closest to the employee's 
official duty station. 
(b) For purposes of this section, the term "employee" shall 
mean a person who— 
(1) is an "employee" as defined under section 2105 of title 
5, United States Code; and 
(2) is employed by the United States Department of State, 
the United States Information Agency, the United States 
Agency for International Development, or the International 
Joint Commission, except that the term shall not include mem-
bers of the Foreign Service as defined by section 103 of the 
Foreign Service Act of 1980 (Public Law 96-465), section 3903 
of title 22, United States Code. 
(c) An equalization adjustment payable under this section shall 
be considered basic pay for the same purposes as are comparability 
payments under section 5304 of title 5, United States Code, and 
its implementing regulations. 
Regulations. 
(d) The agencies referenced in subsection (c)(2) are authorized 
to promulgate regulations to carry out the purposes of this section. 
This title may be cited as the "Department of State and Related 
Agencies Appropriations Act, 1998". 
TITLE V—RELATED AGENCIES 
DEPARTMENT OF TRANSPORTATION 
MARITIME ADMINISTRATION 
OPERATING-DIFFERENTIAL SUBSIDIES 
(LIQUIDATION OF CONTRACT AUTHORITY) 
For the pajmient of obligations incurred for operating-differen-
tial subsidies, as authorized by the Merchant Marine Act, 1936, 
as amended, $51,030,000, to remain available until expended. 
MARITIME SECURITY PROGRAM 
For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $35,500,000, to remain available until expended. 
OPERATIONS AND TRAINING 
For necessary expenses of operations and training activities 
authorized by law, $67,600,000: Provided, That reimbursements 
may be made to this appropriation from receipts to the "Federal 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2507 
Ship Financing Fund" for administrative expenses in support of 
that program in addition to any amount heretofore appropriated. 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by the Merchant 
Marine Act, 1936, $32,000,000, to remain available until expended: 
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, as amended: Provided further, That these funds are 
available to subsidize total loan principal, any part of which is 
to be guaranteed, not to exceed $1,000,000,000. 
In addition, for administrative expenses to carry out the 
guaranteed loan program, not to exceed $3,725,000, which shall 
be transferred to and merged with the appropriation for Operations 
and Training. 
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION 
Notwithstanding any other provision of this Act, the Maritime 
Administration is authorized to furnish utilities and services and 
make necessary repairs in connection with any lease, contract, 
or occupancy involving Government property under control of the 
Maritime Administration, and payments received therefor shall be 
credited to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, contract, or 
occupancy for items other than such utilities, services, or repairs 
shall be covered into the Treasury as miscellaneous receipts. 
No obligations shall be incurred during the current fiscal year 
from the construction fund established by the Merchant Marine 
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior appropriation Act, and 
all receipts which otherwise would be deposited to the credit of 
said fund shall be covered into the Treasury as miscellaneous 
receipts. 
COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE 
ABROAD 
SALARIES AND EXPENSES 
For expenses for the Commission for the Preservation of 
America's Heritage Abroad, $250,000, as authorized by section 1303 
ofPublic Law 99-83. 
COMMISSION ON CIVIL RIGHTS 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Civil Rights, 
including hire of passenger motor vehicles, $8,740,000: Provided, 
That not to exceed $50,000 may be used to employ consultants: 
Provided further. That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals 
under Schedule C of the Excepted Service exclusive of one special 
assistant for each Commissioner: Provided further. That none of 
the funds appropriated in this paragraph shall be used to reimburse 
Commissioners for more than 75 billable days, with the exception 
of the chairperson who is permitted 125 billable days. 
I l l STAT. 2508 
PUBLIC LAW 105-119—NOV. 26, 1997 
COMMISSION ON IMMIGRATION REFORM 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Immigration 
Reform pursuant to section 141(f) of the Immigration Act of 1990, 
$459,000 to remain available until expended. 
COMMISSION ON SECURITY AND COOPERATION IN EUROPE 
SALARIES AND EXPENSES 
For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, 
$1,090,000, to remain available until expended as authorized by 
section 3 of Public Law 99-7. 
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act 
of 1964, as amended (29 U.S.C. 206(d) and 621-634), the Americans 
with Disabilities Act of 1990, and the Civil Rights Act of 1991, 
including services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary 
awards to private citizens; and not to exceed $27,500,000 for pay-
ments to State and local enforcement agencies for services to the 
Commission pursuant to title VII of the Civil Rights Act of 1964, 
as amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the 
Civil Rights Act of 1991; $242,000,000: Provided, That the Commis-
sion is authorized to make available for official reception and 
representation expenses not to exceed $2,500 from available funds. 
FEDERAL COMMUNICATIONS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal 
Communications 
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901-02; not to exceed 
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed 
$4,000 for official reception and representation expenses; purchase 
(not to exceed 16) and hire of motor vehicles; special counsel fees; 
and services as authorized by 5 U.S.C. 3109; $186,514,000, of which 
not to exceed $300,000 shall remain available until September 
30, 
1999, for 
research 
and 
policy studies: Provided, 
That 
$162,523,000 of offsetting collections shall be assessed and collected 
pursuant to section 9 of title I of the Communications Act of 
1934, as amended, smd shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further. That the sum herein appropriated shall 
be reduced as such offsetting collections are received during fiscal 
year 1998 so as to result in a final fiscal year 1998 appropriation 
estimated at $23,991,000: Provided further. That any offsetting 
collections received in excess of $162,523,000 in fiscal year 1998 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2509 
shall remain available until expended, but shall not be available 
for obligation until October 1, 1998. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime Commission 
as authorized by section 201(d) of the Merchant Marine Act, 1936, 
as amended (46 U.S.C. App. 1111), including services as authorized 
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized 
by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; $14,000,000: Provided, 
That 
not to exceed $2,000 shall be available for official reception and 
representation expenses. 
FEDERAL TRADE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Trade Commission, 
including uniforms or allowances therefor, as authorized by 5 U.S.C. 
5901-5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception 
and representation expenses; $88,500,000: Provided, That not to 
exceed $300,000 shall be available for use to contract with a person 
or persons for collection services in accordance with the terms 
of 31 U.S.C. 3718, as amended: Provided further, That notwithstand-
ing any other provision of law, not to exceed $70,000,000 of offset-
ting collections derived from fees collected for premerger notification 
filings under the Hart-Scott-Rodino Antitrust Improvements Act 
of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary 
expenses in this appropriation, and shall remain available until 
expended: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections 
are received during fiscal year 1998, so as to result in a final 
fiscal year 1998 appropriation from the general fund estimated 
at not more than $18,500,000, to remain available until expended: 
Provided further. That any fees received in excess of $70,000,000 
in fiscal year 1998 shall remain available until expended, but shall 
not be available for obligation until October 1, 1998: Provided 
further. That none of the funds made available to the Federal 
Trade Commission shall be available for obligation for expenses 
authorized by section 151 of the Federal Deposit Insurance Corpora-
tion Improvement Act of 1991 (Public Law 102-242; 105 Stat. 
2282-2285). 
GAMBLING IMPACT STUDY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Gambling Impact Study 
Commission, $1,000,000, to remain available until expended. 
I l l STAT. 2510 
PUBLIC LAW 105-119—NOV. 26, 1997 
LEGAL SERVICES CORPORATION 
PAYMENT TO THE LEGAL SERVICES CORPORATION 
For payment to the Legal Services Corporation to carry out 
the purposes of the Legal Services Corporation Act of 1974, as 
amended, $283,000,000, of which $274,400,000 is for basic field 
programs and required independent audits; $1,500,000 is for the 
Office of Inspector General, of which such amounts as may be 
necessary may be used to conduct additional audits of recipients; 
and $7,100,000 is for management and administration. 
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION 
S E C 
501. 
(a) 
CONTINUATION OF 
COMPETITIVE SELECTION 
PROCESS.—None of the funds appropriated in this Act to the Legal 
Services Corporation may be used to provide financial assistance 
to any person or entity except through a competitive selection 
process conducted in accordance with regulations promulgated by 
the Corporation in accordance with the criteria set forth in sub-
sections (c), (d), and (e) of section 503 of Public Law 104-134 
(110 Stat. 1321-52 et seq.). 
(b) 
INAPPLICABILITY 
OF 
CERTAIN 
PROCEDURES.—Sections 
1007(a)(9) and 1011 of the Legal Services Corporation Act (42 
U.S.C. 2996f[a)(9) and 2996j) shall not apply to the provision, denial, 
suspension, or termination of any financial assistance using funds 
appropriated in this Act. 
(c) ADDITIONAL PROCEDURES.—If, during any term of a grsint 
or contract awarded to a recipient by the Legal Services Corporation 
under the competitive selection process referred to in subsection 
(a) and applicable Corporation regulations, the Corporation finds, 
after notice and opportunity for the recipient to be heard, that 
the recipient has failed to comply with any requirement of the 
Legal Services Corporation Act (42 U.S.C. 2996 et seq.), this Act, 
or any other applicable law relating to funding for the Corporation, 
the Corporation may terminate the grant or contract and institute 
a new competitive selection process for the area served by the 
recipient, notwithstanding the terms of the recipient's grant or 
contract. 
SEC. 502. (a) CONTINUATION OF REQUIREMENTS AND RESTRIC-
TIONS.—^None of the funds appropriated in this Act to the Legal 
Services Corporation shall be expended for any purpose prohibited 
or limited by, or contrary to any of the provisions of— 
(1) sections 501, 502, 505, 506, and 507 of Public Law 
104-134 (110 Stat. 1321-51 et seq.), and all funds appropriated 
in this Act to the Legal Services Corporation shall be subject 
to the same terms and conditions as set forth in such sections, 
except that all references in such sections to 1995 and 1996 
shall be deemed to refer instead to 1997 and 1998, respectively; 
and 
(2) section 504 of Public Law 104-134 (110 Stat. 1321-
53 et seq.), and all funds appropriated in this Act to the 
Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such section, except that— 
(A) subsection (c) of such section 504 shall not apply; 
Applicability. 
(B) paragraph (3) of section 508(b) of Public Law 104-
134 (110 Stat. 1321-58) shall apply with respect to the 
requirements of subsection (a)(13) of such section 504, 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2511 
except that all references in such section 508(b) to the 
date of enactment shall be deemed to refer to April 26, 
1996; and 
(C) subsection (a)(ll) of such section 504 shall not 
be construed to prohibit a recipient from using funds 
derived from a source other than the Corporation to provide 
related legal assistance to— 
(i) an alien who has been battered or subjected 
to extreme cruelty in the United States by a spouse 
or a parent, or by a member of the spouse's or parent's 
family residing in the same household as the alien 
and the spouse or parent consented or acquiesced to 
such battery or cruelty; or 
(ii) an alien whose child has been battered or sub-
jected to extreme cruelty in the United States by a 
spouse or parent of the alien (without the active partici-
pation of the alien in the battery or extreme cruelty), 
or by a member of the spouse's or parent's family 
residing in the same household as the alien and the 
spouse or parent consented or acquiesced to such 
battery or cruelty, and the alien did not actively partici-
pate in such battery or cruelty, 
(b) DEFINITIONS.—For purposes of subsection (a)(2)(C): 
(1) The term "battered or subjected to extreme cruelty" 
has the meaning given such term under regulations issued 
pursuant to subtitle G of the Violence Against Women Act 
of 1994 (Public Law 103-322; 108 Stat. 1953). 
(2) The term "related legal assistance" means legal assist-
ance directly related to the prevention of, or obtaining of relief 
from, the battery or cruelty described in such subsection. 
SEC. 503. (a) CONTINUATION OF AUDIT REQUIREMENTS.—^The AppUcabmty. 
requirements of section 509 of Public Law 104-134 (110 Stat. 1321-
58 et seq.), other than subsection (1) of such section, shall apply 
during fiscal year 1998. 
(b) REQUIREMENT OF ANNUAL AUDIT.—^An annual audit of each 
person or entity receiving financial assistance from the Legal Serv-
ices Corporation under this Act shall be conducted during fiscal 
year 1998 in accordance with the requirements referred to in sub-
section (a). 
SEC. 504. (a) DEBARMENT.—^The Legal Services Corporation 
may debar a recipient, on a showing of good cause, from receiving 
an additional award of financial assistance from the Corporation. 
Any such action to debar a recipient shall be instituted after the 
Corporation provides notice and an opportunity for a hearing to 
the recipient. 
(b) 
REGULATIONS.—The Legal Services Corporation 
shall 
promulgate regulations to implement this section. 
(c) GOOD CAUSE.—In this section, the term "good cause", used 
with respect to debarment, includes— 
(1) prior termination of the financial assistance of the 
recipient, under part 1640 of title 45, Code of Federal Regula-
tions (or any similar corresponding regulation or ruling); 
(2) prior termination in whole, under part 1606 of title 
45, Code of Federal Regulations (or any similar corresponding 
regulation or ruling), of the most recent financial assistance 
received by the recipient, prior to date of the debarment deci-
sion; 
I l l STAT. 2512 
PUBLIC LAW 105-119—NOV. 26, 1997 
(3) substantial violation by the recipient of the statutory 
or regulatory restrictions that prohibit recipients from using 
financial assistance made available by the Legal Services Cor-
poration or other financial assistance for purposes prohibited 
under the Legal Services Corporation Act (42 U.S.C. 2996 et 
seq.) or for involvement in any activity prohibited by, or 
inconsistent with, section 504 of Public Law 104-134 (110 Stat. 
1321-53 et seq.), section 502(a)(2) of Public Law 104-208 (110 
Stat. 3009-59 et seq.), or section 502(a)(2) of this Act; 
(4) knowing entry by the recipient into a subgrant, sub-
contract, or other agreement with an entity that had been 
debarred by the Corporation; or 
(5) the filing of a lawsuit by the recipient, on behalf of 
the recipient, as part of any program receiving any Federal 
funds, naming the Corporation, or any agency or employee 
of a Federal, State, or local government, as a defendant. 
Applicability. 
SEC. 505. (a) Not later than January 1, 1998, the Legal Services 
Corporation shall implement a system of case information disclosure 
which shall apply to all basic field programs which receive funds 
from the Legal Services Corporation from funds appropriated in 
this Act. 
(b) Any basic field program which receives Federal funds from 
the Legal Services Corporation from funds appropriated in this 
Act must disclose to the public in written form, upon request, 
and to the Legal Services Corporation in semiannual reports, the 
following information about each case filed by its attorneys in 
any court: 
(1) The name and full address of each party to the legal 
action unless such information is protected by an order or 
rule of a court or by State or Federal law or revealing such 
information would put the client of the recipient of such Federal 
funds at risk of physical harm. 
(2) The cause of action in the case. 
(3) The name and address of the court in which the case 
was filed and the case number assigned to the legal action. 
(c) The case information disclosed in semiannual reports to 
the Legal Services Corporation shall be subject to disclosure under 
section 552 of title 5, United States Code. 
SEC. 506. In establishing the income or assets of an individual 
who is a victim of domestic violence, under section 1007(a)(2) of 
the Legal Services Corporation Act (42 U.S.C. 2996f:a)(2)), to deter-
mine if the individual is eligible for legal assistance, a recipient 
described in such section shall consider only the assets and income 
of the individual, and shall not include any jointly held assets. 
MARINE MAMMAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Marine Mammed Commission 
as authorized by title II of Public Law 92-522, as amended, 
$1,185,000. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2513 
SECURITIES AND EXCHANGE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses for the Securities and Exchange 
Commission, including services as authorized by 5 U.S.C, 3109, 
the rental of space (to include multiple year leases) in the District 
of Columbia and elsewhere, and not to exceed $3,000 for official 
reception and representation expenses, $283,000,000, of which not 
to exceed $10,000 may be used toward funding a permanent sec-
retariat for the International Organization of Securities Commis-
sions, Eind of which not to exceed $100,000 shall be available for 
expenses for consultations and meetings hosted by the Commission 
with foreign governmental and other regulatory officials, members 
of their delegations, appropriate representatives and staff to 
exchange views concerning developments relating to securities mat-
ters, development and implementation of cooperation agreements 
concerning securities matters and provision of technical assistance 
for the development of foreign securities markets, such expenses 
to include necessary logistic and administrative expenses and the 
expenses of Commission staff and foreign invitees in attendance 
at such consultations and meetings including: (1) such incidental 
expenses as meals taken in the course of such attendance; (2) 
any travel and transportation to or from such meetings; and (3) 
any other related lodging or subsistance: Provided, That fees and 
charges authorized by sections 6(b)(4) of the Securities Act of 1933 
(15 U.S.C. 77flb)(4)) and 31(d) of the Securities Exchange Act of 
1934 (15 U.S.C. 78ee(d)) shall be credited to this account as offset-
ting collections: Provided further. That not to exceed $249,523,000 
of such offsetting collections shall be available until expended for 
necessary expenses of this account: Provided further, That the total 
amount appropriated from the general fund for fiscal year 1998 
under this heading shall be reduced as all such offsetting fees 
are deposited to this appropriation so as to result in a final total 
fiscal year 1998 appropriation from the general fund estimated 
at not more than $33,477,000. 
SMALL BUSINESS ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 103-403, 
including hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception 
and representation expenses, $254,200,000, of which: $3,000,000 
shall be avEiilable for a grant to Lackawanna County, Pennsylvania 
for infrastructure development to assist in small business develop-
ment; $3,000,000 shall be available for a grant to the NTTC at 
Wheeling Jesuit University to continue the outreach program to 
assist small business development; $2,000,000 shall be for a grant 
to Western Carolina University to develop a facility to assist in 
small business and rural economic development; $1,500,000 shall 
be available for a grant to the State University of New York 
to develop a facility and operate the Institute of Entrepreneurship 
for small business and workforce development; $1,000,000 shall 
be for a grant for the Genesis Small Business Incubator Facility, 
Fayetteville, Arksoisas; and $500,000 shall be available for a 
I l l STAT. 2514 
PUBLIC LAW 105-119—NOV. 26, 1997 
continuation grant to the Center for Entrepreneurial Opportunity 
in Greensburg, Pennsylvania, to provide for small business consult-
ing and assistance: Provided, That the Administrator is authorized 
to charge fees to cover the cost of publications developed by the 
Small Business Administration, and certain loan servicing activities: 
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues 
received from all such activities shall be credited to this account, 
to be available for canying out these purposes without further 
appropriations: Provided further. That $75,800,000 shall be avail-
able to fund grants for performance in fiscal year 1998 or fiscal 
year 1999 as authorized by section 21 of the Small Business Act, 
as amended. 
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, $10,000,000. 
BUSINESS 
LOANS 
PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, $181,232,000, as authorized 
by 15 U.S.C. 631 note, of which $45,000,000 shall remain available 
until September 30, 1999: 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 
further, 
That during fiscal year 1998, commitments to guarantee loans 
under section 503 of the Small Business Investment Act of 1958, 
as amended, shall not exceed the amount of financings authorized 
under section 20(n)(2)(B) of the Small Business Act, as amended: 
Provided further. That during fiscal year 1998, commitments for 
general business loans authorized under section 7(a) of the Small 
Business Act, as amended, shall not exceed $10,000,000,000 without 
prior notification of the Committees on Appropriations of the House 
of Representatives and Senate in accordance with section 605 of 
this Act. 
In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $94,000,000, which may be trans-
ferred to and merged with the appropriations for Salaries and 
Expenses. 
DISASTER LOANS PROGRAM ACCOUNT 
For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, as amended, $23,200,000, to remain available 
until expended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974. 
In addition, for administrative expenses to carry out the direct 
loan program, $150,000,000, including not to exceed $500,000 for 
the Office of Inspector General of the Small Business Administra-
tion for audits and reviews of disaster loans and the disaster loan 
program, and said sums shall be transferred to and merged with 
appropriations for the Office of Inspector General. 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2515 
SURETY BOND GUARANTEES REVOLVING FUND 
For additional capitsd for the "Surety Bond 
Guarantees 
Revolving Fund", authorized by the Small Business Investment 
Act, as amended, $3,500,000, to remain available without fiscal 
year limitation as authorized by 15 U.S.C. 631 note. 
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION 
Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Small Business Administration 
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 paragraph 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. 
STATE JUSTICE INSTITUTE 
SALARIES A N D EXPENSES 
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Authorization Act of 1992 (Public 
Law 102-572 (106 Stat. 4515-4516)), $6,850,000, to remain avail-
able until expended: Provided, That not to exceed $2,500 shall 
be available for official reception and representation expenses. 
TITLE VI—GENERAL PROVISIONS 
SEC. 601. No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized 
by the Congress. 
SEC. 602. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 603. The expenditure of any appropriation under this Contracts. 
Act for any consulting service through procurement contract. Public 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts inft>™at»on-
where such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under exist-
ing law, or under existing Executive order issued pursuant to 
existing law. 
SEC. 604. If any provision of this Act or the application of 
such provision to any person or circumstances shall be held invalid, 
the remainder of the Act and the application of each provision 
to persons or circumstances other than those as to which it is 
held invalid shall not be affected thereby. 
SEC. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expenditure 
in fiscal year 1998, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees available 
to the agencies funded by this Act, shall be available for obligation 
or expenditure through a reprogramming of funds which: (1) creates 
new programs; (2) eliminates a program, project, or activity; (3) 
increases funds or personnel by any means for any project or 
I l l STAT. 2516 
PUBLIC LAW 105-119—NOV. 26, 1997 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions, or activities 
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified 15 days 
in advance of such reprogramming of funds. 
(b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this 
Act that remain available for obligation or expenditure in fiscal 
year 1998, or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure for activities, programs, or projects 
through 
a 
reprogramming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent 
as approved by Congress; or (3) results from any general savings 
from a reduction in personnel which would result in a change 
in existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress 
are notified 15 days in advance of such reprogramming of funds. 
SEC. 606. None of the funds made available in this Act may 
be used for the construction, repair (other than emergency repair), 
overhaul, conversion, or modernization of vessels for the National 
Oceanic and Atmospheric Administration in shipyards located out-
side of the United States. 
SEC. 
607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 
PRODUCTS.—It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with 
funds made available in this Act should be American-made. 
(b) NOTICE REQUIREMENT.—In providing financial assistance 
to, or entering into any contract with, any entity using funds 
made available in this Act, the head of each Federal agency, to 
the greatest extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the Congress. 
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally 
affixed a label bearing a "Made in America" inscription, or any 
inscription with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
person shall be ineligible to receive any contract or subcontract 
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations. 
SEC. 608. None of the funds made available in this Act may 
be used to implement, administer, or enforce any guidelines of 
the Equal Employment Opportunity Commission covering harass-
ment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that 
such guidelines do not differ in any respect from the proposed 
guidelines published by the Commission on October 1, 1993 (58 
Fed. Reg. 51266). 
SEC. 609. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay for 
any cost incurred for: (1) opening or operating any United States 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2517 
diplomatic or consular post in the Socialist Republic of Vietnam 
that was not operating on July 11, 1995; (2) expanding any United 
States diplomatic or consular post in the Socialist Republic of Viet-
nam that was operating on July 11, 1995; or (3) increasing the 
total number of personnel assigned to United States diplomatic 
or consular posts in the Socialist Republic of Vietnam above the 
levels existing on July 11, 1995, unless the President certifies 
within 60 days the following: 
(A) Based upon all information available to the United 
States CJovernment, the Government of the Socialist Republic 
of Vietnam is fully cooperating in good faith with the United 
States in the following: 
(i) Resolving discrepancy cases, live sightings, and field 
activities. 
(ii) Recovering and repatriating American remains. 
(iii) Accelerating efforts to provide documents that will 
help lead to fullest possible accounting of prisoners of war 
and missing in action. 
(iv) Providing further assistance in implementing tri-
lateral investigations with Laos. 
(B) The remains, artifacts, eyewitness accounts, archival 
material, and other evidence associated with prisoners of war 
and missing in action recovered from crash sites, military 
actions, and other locations in Southeast Asia are being thor-
oughly analyzed by the appropriate laboratories with the intent 
of providing surviving relatives with scientifically defensible, 
legal determinations of death or other accountability that are 
fully documented and available in unclassified and unredacted 
form to immediate family members. 
SEC. 610. None of the funds made available by this Act may 
be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or expend 
such funds: (1) that the United Nations undertaking is a peacekeep-
ing mission; (2) that such undertaking will involve United States 
Armed Forces under the command or operational control of a foreign 
national; and (3) that the President's military advisors have not 
submitted to the President a recommendation that such involvement 
is in the national security interests of the United States and the 
President has not submitted to the Congress such a recommenda-
tion. 
SEC. 611. None of the funds made available in this Act shall 
be used to provide the following amenities or personal comforts 
in the Federal prison system— 
(1) in-cell television viewing except for prisoners who are 
segregated from the general prison population for their own 
safety; 
(2) the viewing of R, X, and NC-17 rated movies, through 
whatever medium presented; 
(3) £my instruction (live or through broadcasts) or training 
equipment for boxing, wrestling, judo, karate, or other martial 
art, or any bodybuilding or weightlifting equipment of any 
sort; 
(4) possession of in-cell coffee pots, hot plates or heating 
elements; or 
(5) the use or possession of £iny electric or electronic musical 
instrument. 
Ill STAT. 2518 
PUBLIC LAW 105-119—NOV. 26, 1997 
SEC. 612. None of the funds made available in title II for 
the National Oceanic and Atmospheric Administration (NOAA) 
under the headings "Operations, Research, and Facilities" and 
"Procurement, Acquisition and Construction" may be used to imple-
ment sections 603, 604, and 605 of Public Law 102-567: Provided, 
That NOAA may develop a modernization plan for its fisheries 
research vessels that takes fully into account opportunities for 
contracting for fisheries surveys. 
SEC. 613. Any costs incurred by a Department or agency funded 
under this Act resulting from personnel actions taken in response 
to funding reductions included in this Act shall be absorbed within 
the total budgetary resources available to such Department or 
agency: Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere 
in this Act: Provided further, That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that 
section. 
Pornography. 
SEC. 614. None of the funds made available in this Act to 
the Federal Bureau of Prisons may be used to distribute or make 
available any commercially published information or material to 
a prisoner when it is made known to the Federal official having 
authority to obligate or expend such funds that such information 
or material is sexually explicit or features nudity. 
SEC. 615. Of the funds appropriated in this Act under the 
heading "OFFICE OF JUSTICE PROGRAMS—STATE AND LOCAL LAW 
ENFORCEMENT ASSISTANCE", not more than 90 percent of the amount 
to be awarded to an entity under the Local Law Enforcement 
Block Grant shall be made available to such an entity when it 
is made known to the Federal official having authority to obligate 
or expend such funds that the entity that employs a public safety 
officer (as such term is defined in section 1204 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968) does not 
provide such a public safety officer who retires or is separated 
from service due to injury suffered as the direct and proximate 
result of a personal injury sustained in the line of duty while 
responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level 
of health insurance benefits at the time of retirement or separation 
as they received while on duty. 
SEC. 616. (a) None of the funds made available in this Act 
may be used to issue or renew a fishing permit or authorization 
for any fishing vessel of the United States greater than 165 feet 
in registered length or of more than 750 gross registered tons, 
and that has an engine or engines capable of producing a total 
of more than 3,000 shaft horsepower— 
(1) as specified in the permit application required under 
part 648.4(a)(5) of title 50, Code of Federal Regulations, part 
648.12 of title 50, Code of Federal Regulations, and the 
authorization required under part 648.80(d)(2) of title 50, Code 
of Federal Regulations, to engage in fishing for Atlantic 
mackerel or herring (or both) under the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.); or 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2519 
(2) that would allow such a vessel to engage in the catching, 
taking, or harvesting of fish in any other fishery within the 
exclusive economic zone of the United States (except territories), 
unless a certificate of documentation had been issued for the 
vessel and endorsed with a fishery endorsement that was effec-
tive on September 25, 1997 and such fishery endorsement was 
not surrendered at any time thereafter. 
(b) Any fishing permit or authorization issued or renewed prior 
to the date of the enactment of this Act for a fishing vessel to 
which the prohibition in subsection (a)(1) applies that would allow 
such vessel to engage in fishing for Atlantic mackerel or herring 
(or both) during fiscal year 1998 shall be null and void, and none 
of the funds made available in this Act may be used to issue 
a fishing permit or authorization that would allow a vessel whose 
permit or authorization was made null and void pursuant to this 
subsection to engage in the catching, taking, or harvesting of fish 
in any other fishery within the exclusive economic zone of the 
United States. 
SEC. 617. During fiscal year 1998 and in any fiscal year there- 18USC3006A 
after, the court, in any criminal case (other than a case in which ^°^^-
the defendant is represented by assigned counsel paid for by the 
public) pending on or after the date of the enactment of this Act, 
may award to a prevailing party, other than the United States, 
a reasonable attorney's fee and other litigation expenses, where 
the court finds that the position of the United States was vexatious, 
frivolous, or in bad faith, unless the court finds that special cir-
cumstances make such an award unjust. Such awards shall be 
granted pursuant to the procedures and limitations (but not the 
burden of proof) provided for an award under section 2412 of title 
28, United States Code. To determine whether or not to award 
fees and costs under this section, the court, for good cause shown, 
may receive evidence ex parte and in camera (which shall include 
the submission of classified evidence or evidence that reveals or 
might reveal the identity of an informant or undercover agent 
or matters occurring before a grand jury) and evidence or testimony 
so received shall be kept under seal. Fees and other expenses 
awarded under this provision to a party shall be paid by the 
agency over which the party prevails from any funds made available 
to the agency by appropriation. No new appropriations shall be 
made as a result of this provision. 
SEC. 618. None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco prod-
ucts, or to seek the reduction or removal by any foreign country 
of restrictions on the marketing of tobacco or tobacco products, 
except for restrictions which are not applied equally to all tobacco 
or tobacco products of the same type. 
SEC. 619. None of the funds made available in this Act may 
be used to pay the expenses of an election officer appointed by 
a court to oversee an election of any officer or trustee for the 
International Brotherhood of Teamsters. 
SEC. 620. The second proviso of the second paragraph under 
the heading "OFFICE OF THE CHIEF SIGNAL OFFICER." in the Act 
entitled "An Act Making appropriations for the support of the 
Regular and Volunteer Araiy for the fiscal year ending June thirti-
eth, nineteen hundred and one", approved May 26, 1900 (31 Stat. 
206; ch. 586; 47 U.S.C. 17), is repealed. 
Ill STAT. 2520 
PUBLIC LAW 105-119—NOV. 26, 1997 
Name listing. 
Jean-Bertrand 
Aristide. 
Anthony Lake. 
Rene Preval. 
Jean-Joseph 
Exume. 
Records. 
SEC. 621. (a) None of the funds appropriated or otherwise 
made available in this Act shall be used to issue visas to any 
person who— 
(1) has been credibly alleged to have ordered, carried out, 
or materially assisted in the extrajudicial and political killings 
of Antoine Izmery, Guy Malary, Father Jean-Marie Vincent, 
Pastor Antoine Leroy, Jacques Fleurival, Mireille Durocher 
Bertin, 
Eugene 
Baillergeau, 
Michelange 
Hermann, 
Max 
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario 
Beaubrun, Leslie Grimar, Joseph Chilove, Michel G<)nzalez, 
and Jean-Hubert Feuille; 
(2) has been included in the list presented to former 
President Jean-Bertrand Aristide by former National Security 
Council Advisor Anthony Lake in December 1995, and acted 
upon by President Rene Preval; 
(3) was sought for an interview by the Federal Bureau 
of Investigation as part of its inquiry into the March 28, 1995, 
murder of Mireille Durocher Bertin and Eugene Baillergeau, 
Jr., and was credibly alleged to have ordered, carried out, 
or materially assisted in those murders, per a June 28, 1995, 
letter to the then Minister of Justice of the Government of 
Haiti, Jean-Joseph Exume; 
(4) was a member of the Haitian High Command during 
the period 1991 through 1994, and has been credibly alleged 
to have planned, ordered, or participated with members of 
the Haitian Armed Forces in— 
(A) the September 1991 coup against any person who 
was a duly elected government official of Haiti (or a mem-
ber of the family of such official), or 
(B) the murders of thousands of Haitians during the 
period 1991 through 1994; or 
(5) has been credibly alleged to have been a member of 
the paramilitary organization known as FRAPH who planned, 
ordered, or participated in acts of violence against the Haitian 
people. 
(b) EXEMPTION.—Subsection (a) shall not apply if the Secretary 
of State finds, on a case-by-case basis, that the entry into the 
United States of a person who would otherwise be excluded under 
this section is necessary for medical reasons or such person has 
cooperated fully with the investigation of these political murders. 
If the Secretary of State exempts any such person, the Secretary 
shall notify the appropriate congressional committees in writing. 
(c) REPORTING REQUIREMENT.—(1) The United States chief of 
mission in Haiti shall provide the Secretary of State a list of 
those who have been credibly alleged to have ordered or carried 
out the extrajudicial and political killings mentioned in paragraph 
(1) of subsection (a). 
(2) The Secretary of State shall submit the list provided under 
paragraph (1) to the appropriate congressional committees not later 
than 3 months after the date of enactment of this Act. 
(3) The Secretary of State shall submit to the appropriate 
congressional committees a list of aliens denied visas, and the 
Attorney General shall submit to the appropriate congressional 
committees a list of aliens refused entry to the United States 
as a result of this provision. 
(4) The Secretary of State shall submit a report under this 
subsection not later than 6 months after the date of enactment 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2521 
of this Act and not later than March 1 of each year thereafter 
as long as the Government of Haiti has not completed the investiga-
tion of the extrajudicial and political killings and has not prosecuted 
those implicated for the killings specified in paragraph (1) of sub-
section (a). 
(d) DEFINITION.—In this section, the term "appropriate congres-
sional committees" means the Committee on International Relations 
and the Committee on Appropriations of the House of Representa-
tives and the Committee on Foreign Relations and the Committee 
on Appropriations of the Senate. 
SEC. 622. Section 3006 of the Balanced Budget Act of 1997 
(Public Law 105-33; 111 Stat. 251, 269) is hereby repealed. This 
47 USC 254 note. 
section shall be deemed a section of the Balanced Budget Act 
of 1997 for the purposes of section 10213 of that Act (111 Stat. 
712), and shall be scored pursuant to paragraph (2) of such section. 
SEC. 
623. REPORT ON UNIVERSAL SERVICE UNDER THE TELE-
COMMUNICATIONS ACT OF 1996.—(a) The Federal Communications 
Commission shall undertake a review of the implementation by 
the Commission of the provisions of the Telecommunications Act 
of 1996 (Public Law 104-104) relating to universal service. Such 
review shall be completed and submitted to the Congress no later 
than April 10, 1998. 
(b) The report required under subsection (a) shall provide a 
detailed description of the extent to which the Commission 
interpretations reviewed under paragraphs (1) through (5) are 
consistent with the plain language of the Communications Act 
of 1934 (47 U.S.C. 151 et seq.), as amended by the Telecommuni-
cations Act of 1996, and shall include a review of— 
(1) the definitions of "information service", "local exchange 
carrier", "telecommunications", "telecommunications service", 
"telecommunications carrier", and "telephone exchange service" 
that were added to section 3 of the Communications Act of 
1934 (47 U.S.C. 153) by the Telecommunications Act of 1996 
and the impact of the Commission's interpretation of those 
definitions on the current and future provision of universal 
service to consumers in all areas of the Nation, including high 
cost and rural areas; 
(2) the application of those definitions to mixed or hybrid 
services and the impact of such application on universal service 
definitions and support, and the consistency of the Commis-
sion's application of those definitions, including with respect 
to Internet access under section 254(h) of the Communications 
Act of 1934 (47 U.S.C. 254(h)); 
(3) who is required to contribute to universal service under 
section 254(d) of the Communications Act of 1934 (47 U.S.C. 
254(d)) and related existing Federal universal service support 
mechanisms, and of any exemption of providers or exclusion 
of any service that includes telecommunications from such 
requirement or support mechanisms; 
(4) who is eligible under sections 254(e), 254(h)(1), and 
254(h)(2) of the Communications Act of 1934 (47 U.S.C. 254(e), 
254(h)(1), and 254(h)(2)) to receive specific Federal universal 
service support for the provision of universal service, and the 
consistency with which the Commission has interpreted each 
of those provisions of section 254; and 
I l l STAT. 2522 
PUBLIC LAW 105-119—NOV. 26, 1997 
(5) the Commission's decisions regarding the percentage 
of universal service support provided by Federal mechanisms 
and the revenue base from which such support is derived. 
SEC. 624. Section 6(d)(1) of the National Foundation on the 
Arts and the Humanities Act of 1965 (20 U.S.C. 955(d)(1)) is 
amended by striking the word "fourteen" and inserting in lieu 
thereof "eight". 
SEC. 625. (a) Section 814(g)(1) of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 2291 
note) is amended by striking "$325,000" and inserting "$370,000". 
(b) Section 814(i) of such section is amended by striking 
"September 30, 1997" and inserting "September 30, 1999". 
SEC. 626. (a) IN GENERAL.—^Notwithstanding any provision of 
the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 471 et seq.), the Administrator of General Services shall 
convey, to any person that acquires an interest in the Naval Petro-
leum Reserve Numbered 1 (Elk Hills) under subtitle B of title 
XXXTV of the National Defense Authorization Act for Fiscal Year 
1996 (110 Stat. 631), not to exceed 318 motor vehicles that are 
leased for use at that reserve on November 6, 1997. 
(b) PROCEDURES AND REQUIREMENTS.—^Any conveyance of motor 
vehicles under this section shall be made— 
(1) after payment to the United States of consideration 
equal to the fair market value of the motor vehicles; and 
(2) under procedures, terms, and conditions that shall be 
established by negotiation between the Administrator of Gen-
eral Services and the person to whom the motor vehicles are 
conveyed. 
(c) TREATMENT OF PROCEEDS.—^Amounts received by the United 
States as consideration for motor vehicles conveyed under this 
section shall be retained in the General Supply Fund and available 
in the same manner as are increments for estimated replacement 
cost of motor vehicles under section 211(d)(2) of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C. 491(d)(2)). 
SEC. 627. Section 19(a) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2718(a)) is amended to read as follows: 
"(a) Subject to section 18, there are authorized to be appro-
priated, for fiscal year 1998, and for each fiscal year thereafter, 
an amount equal to the amount of funds derived from the assess-
ments authorized by section 18(a).". 
Clarence P. 
SEC. 628. Notwithstanding the failure of Clarence P. Stewart 
Stewart. 
of Broadway, North Carolina, to file a timely appeal of his wrongful 
dismissal, during a reduction in force, from the Department of 
Agriculture as a State Executive Director for the former Agricultural 
Stabilization and Conservation Service of the Department, the Sec-
retary of Agriculture shall cause Clarence P. Stewart to be afforded 
relief that is fully commensurate with the relief afforded the simi-
larly dismissed appellants in the case before the Merit Systems 
Protection Board styled Blalock v. Department of Agriculture, 28 
M.S.P.R. 17 (1985). 
SEC. 629. Funds made available under Public Law 103-112 
for the purposes of section 2007 of the Social Security Act shall 
be considered "qualified nonprivate funds" for the purposes of sec-
tion 103(13)(B) of the Small Business Investment Act of 1958 (15 
U.S.C. 662(13)(B)); provided such funds were invested on or before 
July 1, 1995 in a licensee that was licensed prior to July 1, 1990 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2523 
New Mexico. 
42 use 2391 
note. 
under section 301 of the Small Business Investment Act of 1958 
(15 U.S.C. 681). 
SEC. 630, Section 332 of the Act making appropriations for 
the Department of the Interior and related agencies for the fiscal 
year ending September 30, 1998, and for other purposes, H.R. 
2107 (105th Congress, 1st Session), is amended as follows— 
Ante, p. 1600. 
(1) after "October 1, 1997" strike ", or" and insert in lieu 
thereof"; those national forests"; and 
(2) after "court-ordered to revise" strike "," and insert in 
lieu thereof "; and the White Mountain National Forest". 
SEC. 631. Section 512(b) of Public Law 105-61 is amended Ante, p. 1305. 
by adding before the period: "unless the President announced his 
intent to nominate the individual prior to November 30, 1997". 
SEC. 632. (a) IN GENERAL.—The Secretary of Energy shall— 
(1) convey, without consideration, to the Incorporated 
County of Los Alamos, New Mexico (in this section referred 
to as the "County), or to the designee of the County, fee 
title to the parcels of land that are allocated for conveyance 
to the County in the agreement under subsection (e); and 
(2) transfer to the Secretary of the Interior, in trust for 
the Pueblo of San Ildefonso (in this section referred to as 
the "Pueblo"), administrative jurisdiction over the parcels that 
are allocated for transfer to the Secretary of the Interior in 
such agreement. 
(b) 
PRELIMINARY IDENTIFICATION OF PARCELS OF LAND FOR Reports. 
CONVEYANCE OR TRANSFER.—(1) Not later than 90 days after the 
date of enactment of this Act, the Secretary of Energy shall submit 
to the congressional defense committees a report identifying the 
parcels of land under the jurisdiction or administrative control 
of the Secretary at or in the vicinity of Los Alamos National Labora-
tory that are suitable for conveyance or transfer under this section. 
(2) A parcel is suitable for conveyance or transfer for purposes 
of paragraph (1) if the parcel— 
(A) is not required to meet the national security mission 
of the Department of Energy or will not be required for that 
purpose before the end of the 10-year period beginning on 
the date of enactment of this Act; 
(B) is likely to be conveyable or transferable, as the case 
may be, under this section not later than the end of such 
period; and 
(C) is suitable for use for a purpose specified in sub-
section (h). 
(c) REVIEW OF TITLE.—(1) Not later than one year after the Reports, 
date of enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report setting forth the results 
of a title search on each parcel of land identified as suitable for 
conveyance or transfer under subsection (b), including an analysis 
of any claims against or other impairments to the fee title to 
each such parcel. 
(2) In the period beginning on the date of the completion 
of the title search with respect to a parcel under paragraph (1) 
and ending on the date of the submittal of the report under that 
paragraph, the Secretary shall take appropriate actions to resolve 
the claims against or other impairments, if any, to fee title that 
are identified with respect to the parcel in the title search. 
I l l STAT. 2524 
PUBLIC LAW 105-119—NOV. 26, 1997 
(d) ENVIRONMENTAL RESTORATION.—(1) Not later than 21 
months after the date of enactment of this Act, the Secretary 
shall— 
(A) identify the environmental restoration or remediation, 
if any, that is required with respect to each parcel of land 
identified under subsection (b) to which the United States has 
fee title; 
(B) carry out any review of the environmental impact of 
the conveyance or transfer of each such parcel that is required 
under the provisions of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); and 
Reports. 
(C) submit to Congress a report setting forth the results 
of the activities under subparagraphs (A) and (B). 
(2) If the Secretary determines under paragraph (1) that a 
parcel described in paragraph (1)(A) requires environmental restora-
tion or remediation, the Secretary shall, to the maximum extent 
practicable, complete the environmental restoration or remediation 
of the parcel not later than 10 years after the date of enactment 
of this Act. 
(e) AGREEMENT FOR ALLOCATION OF PARCELS.—^As soon as prac-
ticable after completing the review of titles to parcels of land 
under subsection (c), but not later than 90 days after the submittal 
of the report under subsection (d)(1)(C), the County and the Pueblo 
shall submit to the Secretary an agreement between the County 
and the Pueblo which allocates between the County and the Pueblo 
the parcels identified for conveyance or transfer under subsection 
(b). 
(f) PLAN FOR CONVEYANCE AND TRANSFER.—(1) Not later than 
90 days after the date of the submittal to the Secretary of Energy 
of the agreement under subsection (e), the Secretary shall submit 
to the congressional defense committees a plan for convejdng or 
transferring parcels of land under this section in accordance with 
the allocation specified in the agreement. 
(2) The plan under paragraph (1) shall provide for the comple-
tion of the conveyance or transfer of parcels under this section 
not later than 9 months after the date of the submittal of the 
plan under that paragraph. 
(g) CONVEYANCE OR TRANSFER.—(1) Subject to paragraphs (2) 
and (3), the Secretary shall convey or transfer parcels of land 
in accordance with the allocation specified in the agreement submit-
ted to the Secretary under subsection (e). 
(2) In the case of a parcel allocated under the agreement 
that is not available for conveyance or transfer in accordance with 
the requirement in subsection (f)(2) by reason of its requirement 
to meet the national security mission of the Department, the Sec-
retary shall convey or transfer the parcel, as the case may be, 
when the parcel is no longer required for that purpose. 
(3)(A) In the case of a parcel allocated under the agreement 
that is not available for conveyance or transfer in accordance with 
such requirement by reason of requirements for environmental res-
toration or remediation, the Secretary shall convey or transfer 
the parcel, as the case may be, upon the completion of the environ-
mental restoration or remediation that is required with respect 
to the parcel. 
(B) If the Secretary determines that environmental restoration 
or remediation cannot reasonably be expected to be completed with 
respect to a parcel by the end of the 10-year period beginning 
PUBLIC LAW 105-119—NOV. 26, 1997 
111 STAT. 2525 
on the date of enactment of this Act, the Secretary shall not convey 
or transfer the parcel under this section. 
(h) USE OF CONVEYED OR TRANSFERRED LAND.—The parcels 
of land conveyed or transferred under this section shall be used 
for historic, cultural, or environmental preservation purposes, 
economic diversification purposes, or community self-sufficiency pur-
poses. 
i) TREATMENT OF CONVEYANCES AND TRANSFERS.—(1) The pur-
pose of the conveyances and transfers under this section is to 
fulfill the obligations of the United States with respect to Los 
Alamos National Laboratory, New Mexico, under sections 91 and 
94 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391, 
2394). 
(2) Upon the completion of the conveyance or transfer of the 
parcels of land available for conveyance or transfer under this 
section, the Secretary shall make no further payments with respect 
to Los Alamos National Laboratory under section 91 or section 
94 of the Atomic Energy Community Act of 1955. 
(j) REPEAL OF SUPERSEDED PROVISION.—In the event of the 
enactment of the National Defense Authorization Act for Fiscal 
Year 1998 by reason of the approval of the President of the 
conference report to accompany the bill (H.R. 1119) of the 105th 
Congress, section 3165 of such Act is repealed. 
Ante, p. 2050. 
SEC. 633. Effective only for losses beginning March 1, 1997 EflFective date, 
through the date of enactment of this Act, the Secretary of Agri-
culture may use up to $6,000,000 from proceeds earned from the 
sale of grain in the disaster reserve established in the Agricultural 
Act of 1970 to implement a livestock indemnity program for losses 
from natural disasters pursuant to a Presidential or Secretarial 
declaration requested subsequent to enactment of Public Law 105-
18 and prior to December 1, 1997, in a manner similar to cata-
strophic loss coverage available for other commodities under 7 
U.S.C. 1508(b): Provided, 
That in administering a program 
described in the preceding sentence, the Secretary shall, to the 
extent practicable, utilize gross income and payment limitations 
conditions established for the Disaster Reserve Assistance Program 
for the 1996 crop year: Provided further. That the entire amount 
shall be available only to the extent an official budget request, 
that includes designation of the entire amount of the request as 
an emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is transmitted 
by the President to the Congress: Provided further. That the entire 
amount is designated by Congress as an emergency requirement 
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended. 
SEC. 634. During fiscal year 1998, from funds available to 
the Department of Defense, up to $800,000 is available to the 
Department of Defense to compensate persons who have suffered 
documented commercial loss of cranberry crops in 1997 in the 
Mashpee or Falmouth bogs, located on the Quashnet 
and 
Coonamessett Rivers, respectively, as a result of the presence of 
ethylene dibromide (EDB) in or on cranberries from either of the 
plumes of EDB-contaminated groundwater known as "FS-28" and 
"FS-1" adjacent to the Massachusetts Military Reservation, Cape 
Cod, Massachusetts. 
I l l STAT. 2526 
PUBLIC LAW 105-119—NOV. 26, 1997 
TITLE VII—RESCISSIONS 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
WORKING CAPITAL FUND 
(RESCISSION) 
Of the unobligated balances available under this heading on 
September 30,1997, $100,000,000 are rescinded. 
TITLE VIII—EMERGENCY SUPPLEMENTAL 
APPROPRIATIONS 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
OPERATIONS, RESEARCH, AND FACILITIES 
For an additional amount for "Operations, Research, and 
Facilities", for emergency expenses to provide disaster assistance 
pursuant to section 312(a) of the Magnuson-Stevens Fishery Con-
servation and Management Act for the Bristol Bay and Kuskokwim 
areas of Alaska, $7,000,000 to remain available until expended: 
Provided, That the entire amount is designated by Congress as 
an emergency requirement pursuant to section 251(b)(2XD)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, 
as amended: Provided further, That the entire amount shall be 
available only to the extent that the Secretary of Commerce trans-
mits a determination that there is a commercial fishery failure. 
This Act may be cited as the "Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropria-
tions Act, 1998". 
Approved November 26, 1997. 
LEGISLATIVE HISTORY—H.R. 2267 (S. 1022): 
HOUSE REPORTS: Nos. 105-207 (Coram, on Appropriations) and 105-405 (Comm. 
of Conference). 
SENATE REPORTS: No. 105-^8, accompanying S. 1022 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Sept. 24-26, 30, considered and passed House. 
Oct. 1, considered and passed Senate, amended, in lieu of S. 1022. 
Nov. 13, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Nov. 26, Presidential statement. 
Dec. 2, President's special message on line item veto. 
FEDERAL REGISTER, Vol. 62 (1997): 
Dec. 3, Cancellation of item pursuant to the Line Item Veto Act.