Text: H.R.2267 — 105th Congress (1997-1998)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 105-119 (11/26/1997)

 
[105th Congress Public Law 119]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ119.105]


[[Page 2439]]

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 1998

[[Page 111 STAT. 2440]]

Public Law 105-119
105th Congress

                                 An Act


 
  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 purposes. <<NOTE: Nov. 26, 
                         1997 -  [H.R. 2267]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1998. Department of Justice Appropriations Act, 1998.>>  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 Department 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 augmentation 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 payment of rewards in connection with these 
activities; and (3) the costs of conducting a terrorism threat 
assessment of Federal <<NOTE: Notification.>>  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

[[Page 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 Attorney 
General, $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 and 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 Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate

[[Page 111 STAT. 2442]]

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 available 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 ``Salaries 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 Compensation 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 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 $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 Attorneys, 
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 collection; (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 appropriated, not to exceed $8,000 
shall be available for official 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,

[[Page 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 available 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 available until 
expended and to be derived from the United States Trustee System Fund: 
Provided, That, notwithstanding any other provision of law, deposits to 
the Fund shall be available in such amounts as may be necessary to pay 
refunds due depositors: Provided 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 necessary 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

[[Page 111 STAT. 2444]]

for police-type 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 available until 
expended: Provided, That, <<NOTE: 31 USC 6505 note.>>  for fiscal year 
1998 and 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 
transported 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 appropriations 
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 supervision 
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 protected 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, installation and maintenance of a secure, automated 
information network to store and retrieve the identities and locations 
of protected 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 Attorney General to 
this account: Provided, That notwithstanding any

[[Page 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)(1)(A)(ii), (B), (F), 
and (G), as amended, $23,000,000, to be derived from the Department 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 trafficking 
not otherwise provided for, to include intergovernmental agreements with 
State and local law enforcement agencies engaged in the investigation 
and prosecution of individuals involved in organized 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 reprogramming 
procedures described in section 605 of this Act.

                     Federal Bureau of Investigation

                          salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 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

[[Page 111 STAT. 2446]]

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 official reception and representation expenses: Provided 
further, That no funds in this Act may be used to provide ballistics 
imaging equipment 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 available 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 authorized 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.

[[Page 111 STAT. 2447]]

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen 
emergencies of a confidential character, to be expended under the 
direction of, and to be accounted for solely under the certificate of, 
the Attorney General; 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-type 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 official 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-type 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

[[Page 111 STAT. 2448]]

passenger motor vehicles; acquisition, lease, maintenance and operation 
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 Marshals 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 associated 
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: Provided 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 equivalent 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 either a temporary or long-term <<NOTE: 8 USC 1103 note.>>  
basis: Provided further, That beginning 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 
Nationality 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 consulates 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 services to prepare FD-258 fingerprint cards 
for applicants residing abroad applying for immigration <<NOTE: 8 USC 
1446 note.>>  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

[[Page 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 Reduction Trust Fund.

                              construction

    For planning, construction, renovation, equipping, and maintenance 
of buildings and facilities necessary for the administration and 
enforcement of the laws relating to immigration, naturalization, and 
alien registration, not otherwise provided for, $75,959,000, to remain 
available until expended.

                          Federal Prison System

                          salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
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 corrections related 
issues to foreign governments; $2,821,642,000: Provided, That 
the <<NOTE: 42 USC 250a.>>  Attorney General may transfer to the Health 
Resources and Services Administration such amounts as may be necessary 
for direct expenditures by that Administration for medical relief for 
inmates of 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 services to 
individuals committed to the custody of the FPS: Provided further, That 
uniforms may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That not to 
exceed $6,000 shall be available for official reception and 
representation expenses: Provided further,

[[Page 111 STAT. 2450]]

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 agreements, and other 
expenses authorized by section 501(c) of the Refugee Education 
Assistance Act of 1980, as amended, for the care and security in the 
United States of Cuban and Haitian entrants: Provided further, That 
notwithstanding section 4(d) of the Service Contract Act of 1965 (41 
U.S.C. 353(d)), FPS may enter into 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 Enforcement Act of 
1994 (Public 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 
facilities; 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 
constructing, remodeling, and equipping necessary buildings and 
facilities 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 prisoners may be used 
for work performed under this appropriation: Provided further, That not 
to exceed 10 percent of the funds appropriated to ``Buildings and 
Facilities'' in this Act or any other Act may be transferred to 
``Salaries and Expenses'', Federal Prison System, upon notification by 
the Attorney General to the Committees 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 authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase of (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

[[Page 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 prescribed 
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 corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, and the Missing Children's Assistance 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 appropriated 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 assistance 
authorized by part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, for State and Local Narcotics Control 
and Justice Assistance Improvements, notwithstanding 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 Association's participation in legal education training at the 
National Advocacy Center.

[[Page 111 STAT. 2452]]

   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 transferred to and 
merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of 
Child Abuse Act of 1990, as amended (``the 1990 Act''); $2,382,400,000, 
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 
programs 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 Byrne Memorial State and Local Law Enforcement Assistance 
Programs; of which $420,000,000 shall be for the State Criminal Alien 
Assistance Program, as authorized by section 242( j) of the Immigration 
and Nationality Act, as amended; of which $720,500,000 shall be for 
Violent Offender Incarceration and Truth in Sentencing Incentive Grants 
pursuant to subtitle A of title II of the 1994 Act, of which 
$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

[[Page 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 
authorized 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 authorized by 
section 1001(a)(22) of the 1968 Act; of which $900,000 shall be for the 
Missing Alzheimer's Disease Patient Alert Program, as authorized by 
section 240001(c) of the 1994 Act; of which $750,000 shall be for Motor 
Vehicle Theft Prevention Programs, as 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 notwithstanding 
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

[[Page 111 STAT. 2454]]

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 program, 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 religious 
affiliated, fraternal, non-profit, or social service organizations 
involved in crime <<NOTE: Records.>>  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 
equivalent 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 and 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 contracts, with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of violent crimes and drug offenses in ``Weed and Seed'' 
designated communities, and for either reimbursements or transfers to 
appropriation accounts of the Department of Justice and other Federal 
agencies which shall be specified by the Attorney General to execute the 
``Weed and Seed'' program strategy: Provided, That funds designated by 
Congress through language for other Department of Justice appropriation 
accounts for ``Weed and Seed'' program activities shall be managed

[[Page 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 personnel 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 management 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 assistance 
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 available 
until expended, as authorized by section 299 of part I of title II and 
section 506 of title V of the Act, as amended by Public Law 102-586, of 
which: (1) notwithstanding any other provision of law, $5,922,000 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

[[Page 111 STAT. 2456]]

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 prevention 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 
amended, 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 discretionary 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, prevention and reduction of 
consumption of alcoholic beverages by 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 necessary, 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 total of not 
to exceed $45,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses in accordance with distributions, 
procedures, and regulations established by the Attorney General.
    Sec. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93 
Stat. 1040 (1979)), as amended, shall remain in effect

[[Page 111 STAT. 2457]]

until the termination date of this Act or until the effective date of a 
Department of Justice Appropriation Authorization Act, whichever is 
earlier.
    Sec. 103. <<NOTE: Abortion.>>  None of the funds appropriated by 
this title shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were carried to 
term, or in the case of rape: Provided, That should this prohibition be 
declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void.

    Sec. 104. None <<NOTE: Abortion.>>  of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
     <<NOTE: 18 USC 3059 note.>> 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 Reduction Trust 
Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 108. Section 524(c)(8)(E) of title 28, United States Code, is 
amended by striking ``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 <<NOTE: 42 USC 10601 note.>>  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 <<NOTE: 8 USC 1356.>>  striking entirely section 
        286(s);
            (2) in section 286(r) by--

[[Page 111 STAT. 2458]]

                    (A) adding ``, and amount described in section 
                245(i)(3)(b)'' after ``recovered by the Department of 
                Justice'' in paragraph (2);
                    (B) replacing ``Immigration and Naturalization 
                Service'' with ``Attorney General'' in paragraph (3); 
                and
                    (C) striking paragraph (4), and replacing it with, 
                ``The amounts required to be refunded from the Fund for 
                fiscal year 1998 and thereafter shall be refunded in 
                accordance with estimates made in the budget request of 
                the President for those fiscal years. Any proposed 
                changes in the amounts designated in such budget 
                requests shall only be made after Congressional 
                reprogramming notification in accordance with the 
                reprogramming guidelines for the applicable fiscal 
                year.''; and
            (3) in section <<NOTE: 8 USC 1255.>>  245(i)(3)(B), by 
        replacing ``Immigration Detention Account established under 
        section 286(s)'' with ``Breached Bond/Detention Fund established 
        under section 286(r)''.

    Sec. 111. (a) Limitation on Eligibility Under Section 245(i).--
Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)(1)) is amended by striking ``(i)(1)'' through ``The Attorney 
General'' and inserting the following:
    ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) 
of this section, an alien physically present in the United States--
            ``(A) who--
                    ``(i) entered the United States without inspection; 
                or
                    ``(ii) is within one of the classes enumerated in 
                subsection (c) of this section; and
            ``(B) who is the beneficiary (including a spouse or child of 
        the principal alien, if eligible to receive a visa under section 
        203(d)) of--
                    ``(i) a petition for classification under section 
                204 that was filed with the Attorney General on or 
                before January 14, 1998; or
                    ``(ii) an application for a labor certification 
                under section 212(a)(5)(A) that was filed pursuant to 
                the regulations of the Secretary of Labor on or before 
                such date;

may apply to the Attorney General for the adjustment of his or her 
status to that of an alien lawfully admitted for permanent residence. 
The Attorney General''.
    (b) Repeal of Sunset for Section 245(i).--Section 506(c) of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1995 (Public Law 103-317; <<NOTE: 8 USC 
1182 note.>>  108 Stat. 1766) is amended to read as follows:

    ``(c) The <<NOTE: Effective dates. Termination date.>>  amendment 
made by subsection (a) shall take effect on October 1, 1994, and shall 
cease to have effect on October 1, 1997. The amendment made by 
subsection (b) shall take effect on October 1, 1994.''.

    (c) Inapplicability of Certain Provisions of Section 245(c) for 
Certain Employment-Based Immigrants.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended--
            (1) in subsection (c)(2), by inserting ``subject to 
        subsection (k),'' after ``(2)''; and
            (2) by adding at the end the following:

    ``(k) An alien who is eligible to receive an immigrant visa under 
paragraph (1), (2), or (3) of section 203(b) (or, in the case of an 
alien who is an immigrant described in section 101(a)(27)(C),

[[Page 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 filing an application for 
        adjustment 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 <<NOTE: Philippine Army, Scouts, and Guerilla 
Veterans of World War II Naturalization Act of 1997. 8 USC 1101 note.>>  
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 Nationality 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 
                department (or successor thereto) that exercised 
                supervision over such component.

[[Page 111 STAT. 2460]]

            ``(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 provision 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 
naturalization, 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 Appropriations Act, 1993 
(8 U.S.C. 1440 note), is repealed.
    (d) Effective <<NOTE: 8 USC 1440 note.>>  Date; Termination Date.--
            (1) Application to pending applications.--The amendments 
        made by subsection (b) shall apply to applications filed before 
        February 3, 1995.
            (2) Termination date.--The authority provided by the 
        amendments made by subsection (b) shall expire February 3, 2001.

    Sec. 113. Section 101(a)(27)(J) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as follows:
                    ``(J) an immigrant who is present in the United 
                States--
                          ``(i) who has been declared dependent on a 
                      juvenile court located in the United States or 
                      whom such a court has legally committed to, or 
                      placed under the custody of, an agency or 
                      department of a State and who has been deemed 
                      eligible by that court for long-term foster care 
                      due to abuse, neglect, or abandonment;
                          ``(ii) for whom it has been determined in 
                      administrative 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 precondition to the grant of special 
                      immigrant juvenile status; except that--
                                    ``(I) no juvenile court has 
                                jurisdiction to determine the custody 
                                status or placement of an alien in the 
                                actual or constructive custody of the 
                                Attorney General unless the Attorney 
                                General specifically consents to such 
                                jurisdiction; and

[[Page 111 STAT. 2461]]

                                    ``(II) no natural parent or prior 
                                adoptive parent of any alien provided 
                                special immigrant status under this 
                                subparagraph shall thereafter, by virtue 
                                of such parentage, be accorded any 
                                right, privilege, or status under this 
                                Act; or''.

    Sec. 114. Not to exceed $200,000 of funds appropriated under section 
1304 of title 31, United States Code, shall be available for payment 
pursuant to the Hearing Officer's Report in United States Court of 
Federal Claims No. 93-645X (June 3, 1996) (see 35 Fed. Cl. 99 (March 7, 
1996)).
    Sec. 115. (a) Standards for Sex Offender Registration Programs.--
            (1) In general.--Section 170101(a) of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is 
        amended--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``with a 
                      designated State law enforcement agency''; and
                          (ii) in subparagraph (B), by striking ``with a 

                      designated State law enforcement agency'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Determination of sexually violent predator 
        status; waiver; alternative measures.--
                    ``(A) In general.--A determination of whether a 
                person is a sexually violent predator for purposes of 
                this section shall be made by a court after considering 
                the recommendation 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 
                procedures or legal standards for designating a person 
                as a sexually violent predator.
                    ``(C) Alternative measures.--The Attorney General 
                may also approve alternative measures of comparable or 
                greater effectiveness in protecting the public from 
                unusually dangerous or recidivistic sexual offenders in 
                lieu of the specific measures set forth in this section 
                regarding sexually violent predators.'';
                    (C) in paragraph (3)--
                          (i) in subparagraph (A), by striking ``that 
                      consists of--'' and inserting ``in a range of 
                      offenses specified by State law which is 
                      comparable to or which exceeds the following range 
                      of offenses:'';
                          (ii) in subparagraph (B), by striking ``that 
                      consists of '' and inserting ``in a range of 
                      offenses specified by State law which is 
                      comparable to or which exceeds the range of 
                      offenses encompassed by''; and
                    (D) by adding at the end the following:
                    ``(F) The term `employed, carries on a vocation' 
                includes employment that is full-time or part-time for a 
                period of time exceeding 14 days or for an aggregate 
                period of time exceeding 30 days during any calendar 
                year, whether financially compensated, volunteered, or 
                for the purpose of government or educational benefit.

[[Page 111 STAT. 2462]]

                    ``(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 residence, and inform the 
                                person that the person must also 
                                register in a State where the person is 
                                employed, carries on a vocation, or is a 
                                student''; and
                          (iii) in subparagraph (B), by striking ``or 
                      the court'' and inserting ``, the court, or 
                      another responsible officer or official'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Transfer <<NOTE: Regulations.>>  of information to 
        state and fbi; participation in national sex offender 
        registry.--
                    ``(A) State reporting.--State procedures shall 
                ensure that the registration information is promptly 
                made available to a law enforcement agency having 
                jurisdiction where the person expects to reside and 
                entered into the appropriate State records or data 
                system. State procedures shall also ensure that 
                conviction data and fingerprints for persons 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

[[Page 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 inserting 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 having 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 requirement 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 registration 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 guidelines 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 Enforcement Act of 
        1994 (42 U.S.C. 14071) is amended by redesignating subsections 
        (c) through (f ) as (d) through (g), respectively, and inserting 
        after subsection (b) the following:

    ``(c) Registration of Offender Crossing State Border.--Any person 
who is required under this section to register in the State in which 
such person resides shall also register in any State in which the person 
is employed, carries on a vocation, or is a student.''.
            (4) Release of information.--Section 170101(e)(2) of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        14071(e)(2)), as redesignated by subsection (c) of this section, 
        is amended by striking ``The designated'' and all that follows 
        through ``State agency'' and inserting ``The State or any agency 
        authorized by the State''.
            (5) Immunity for good faith conduct.--Section 170101(f ) of 
        the Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14071(f )), as redesignated by subsection (c) of this 
        section, is amended by striking ``, and State officials'' and 
        inserting ``and independent contractors acting at the direction 
        of such agencies, and State officials''.
            (6) FBI registration.--(A) Section 170102(a)(2) of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        14072(a)(2)) is amended by striking ``and `predatory' ''

[[Page 111 STAT. 2464]]

        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 identification 
        act of 1996.--Section 10 of the Pam Lychner Sexual Offender 
        Tracking and Identification <<NOTE: 42 USC 14071 note.>>  Act of 
        1996 is amended by inserting at the end the following:

    ``(d) Effective Date.--States shall be allowed the time specified 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

[[Page 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 paragraph (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 supervision 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 supervision 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:

[[Page 111 STAT. 2466]]

            ``(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 <<NOTE: Courts.>>  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 
        individuals, is amended by inserting after the first sentence 
        the following: ``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 <<NOTE: 10 USC 951 note.>>  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 
        subparagraph.
            (ii) In relation to persons sentenced by a court martial for 
        conduct in the categories specified under clause (i), the 
        Secretary shall prescribe procedures and implement a system to--
                    (I) provide notice concerning the release from 
                confinement or sentencing of such persons;
                    (II) inform such persons concerning registration 
                obligations; and
                    (III) track and ensure compliance with registration 
                requirements by such persons during any period of 
                parole, probation, or other conditional release or 
                supervision related to the offense.
            (iii) The procedures and requirements established by the 
        Secretary under this subparagraph shall, to the maximum extent 
        practicable, be consistent with those specified for Federal 
        offenders under the amendments made by subparagraphs (A) and 
        (B).

[[Page 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 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
            ``(H) protect <<NOTE: Confidentiality.>>  the 
        confidentiality of the identity and location of persons subject 
        to registration requirements as convicted offenders under 
        Federal or State law, including prescribing alternative 
        procedures to those otherwise provided by Federal or State law 
        for registration and tracking of such persons; and''.

    (b) Sense of Congress and Report Relating to Stalking Laws.--
            (1) Sense of congress.--It is the sense of Congress that 
        each State should have in effect a law that makes it a crime to 
        stalk any individual, especially children, without requiring 
        that such individual be physically harmed or abducted before a 
        stalker is restrained or punished.
            (2) Report.--The <<NOTE: 42 USC 14039 note.>>  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 <<NOTE: 42 USC 14071 note.>>  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 <<NOTE: 8 USC 1153 note.>>  amended--
            (1) by striking ``300'' and inserting ``3,000''; and
            (2) by striking ``five years'' and inserting ``seven 
        years''.

    (b) Effective <<NOTE: 8 USC 1153 note.>>  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

[[Page 111 STAT. 2468]]

this building, after which the General Services Administration shall 
provide the same level of security equipment and personnel at this 
location until the date on which the new Albuquerque Federal building is 
occupied.
    Sec. 118. Section 203(p)(1) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)) is 
amended--
            (1) by inserting ``(A)'' after ``(1)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B)(i) The Administrator may exercise the authority under 
        subparagraph (A) with respect to such surplus real and related 
        property needed by the transferee or grantee for--
                    ``(I) law enforcement purposes, as determined by the 
                Attorney General; or
                    ``(II) emergency management response purposes, 
                including fire and rescue services, as determined by the 
                Director of the Federal Emergency Management Agency.
            ``(ii) The <<NOTE: Termination date.>>  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) <<NOTE: 42 USC 10602 note.>> 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 
        predator'' have the meanings given those terms in section 
        170101(a) of the Violent Crime Control and Law Enforcement Act 
        of 1994 (42 U.S.C. 14071(a));
            (2) the term ``DNA'' means deoxyribonucleic acid; and
            (3) the term ``sex offender'' means an individual who--
                    (A) has been convicted in Federal court of--
                          (i) a criminal offense against a victim who is 
                      a minor; or
                          (ii) a sexually violent offense; or
                    (B) is a sexually violent predator.

    (b) Report.--From amounts made available to the Department of 
Justice under this title, not later than 180 days after the date of 
enactment of this Act, the Attorney General shall submit to Congress a 
report, which shall include a plan for the implementation of a 
requirement that, prior to the release (including probation, parole, or 
any other supervised release) of any sex offender from Federal custody 
following a conviction for a criminal offense against a victim who is a 
minor or a sexually violent offense, the sex offender shall provide a 
DNA sample to the appropriate law enforcement 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;

[[Page 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 
                information 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. <<NOTE: 5 USC 3104 note.>>  (a) Notwithstanding any other 
provision of law relating to position classification or employee pay or 
performance, during the 3-year period beginning on the date of enactment 
of this Act, the Director of the Federal Bureau of Investigation may, 
with the approval of the Attorney General, establish a personnel 
management 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 compensated 
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 provisions 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 section, 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

[[Page 111 STAT. 2470]]

                contracting for any services provided through those 
                departments and agencies; and
            (2) if appropriate, a recommendation for legislation to 
        extend the authority under this section.

    (g) Notwithstanding any other provision of law, the Secretary of the 
Treasury shall have the same authority provided to the Office of 
Personnel Management under section 4703 of title 5, United States Code, 
to establish, in the discretion of the Secretary, demonstration projects 
for a period of 3 years, for not to exceed a combined total of 950 
employees, to fill critical scientific, technical, engineering, 
intelligence analyst, language translator, and medical positions in the 
Bureau of Alcohol, Tobacco and Firearms, the United States Customs 
Service, and the United States Secret 
Service.
    (h) The authority <<NOTE: Termination date.>>  under this section 
shall terminate 3 years after the date of enactment of this Act.

    Sec. 123. (a) In General.--Section 3626 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)(i), by striking ``permits'' 
                and inserting ``requires''; and
                    (B) in paragraph (3)--
                          (i) in subparagraph (A), by striking ``no 
                      prisoner release order shall be entered unless'' 
                      and inserting ``no court shall enter a prisoner 
                      release order unless''; and
                          (ii) in subparagraph (F)--
                                    (I) by inserting ``including a 
                                legislator'' after ``local official''; 
                                and
                                    (II) by striking ``program'' and 
                                inserting ``prison'';
            (2) in subsection (b)(3), by striking ``current or ongoing 
        '' and inserting ``current and ongoing '';
            (3) in subsection (e)--
                    (A) in paragraph (1), by adding at the end the 
                following: ``Mandamus shall lie to remedy any failure to 
                issue a prompt ruling on such a motion.'';
                    (B) in paragraph (2), by striking ``Any prospective 
                relief subject to a pending motion shall be 
                automatically stayed'' and inserting ``Any motion to 
                modify or terminate prospective relief made under 
                subsection (b) shall operate as a stay''; and
                    (C) by adding at the end the following:
            ``(3) Postponement of automatic stay.--The court may 
        postpone the effective date of an automatic stay specified in 
        subsection (e)(2)(A) for not more than 60 days for good cause. 
        No postponement shall 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.''.

[[Page 111 STAT. 2471]]

    (b) Effective Date.--The <<NOTE: 18 USC 3626 note.>>  amendments 
made by this Act shall take effect upon the date of the enactment of 
this Act and shall apply to pending cases.

    Sec. 124. Section 524(c)(8)(B) of title 28, United States Code, is 
amended by deleting ``1996, and 1997,'' and inserting ``and 1996,'' in 
place thereof.
    Sec. 125. Section 217(f ) of the Immigration and Nationality Act (8 
U.S.C. 1187(f )) is amended to read as follows:
    ``(f ) Definition of Pilot Program Period.--For purposes of this 
section, the term `pilot program period' means the period beginning 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), <<NOTE: 8 USC 1182 
note.>>  is amended in subsection (g) by striking ``December 31, 1997'' 
and inserting ``May 1, 1998''.

    This title may be cited as the ``Department of Justice 
Appropriations Act, 1998''.

TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies 
Appropriations Act, 1998.>>  OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                          salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$23,450,000, of which $2,500,000 shall remain available until expended: 
Provided, That not to exceed $98,000 shall be available for official 
reception and representation expenses: Provided further, That the total 
number of political appointees on board as of May 1, 1998, shall not 
exceed 25 positions.

                     International Trade Commission

                          salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $41,200,000 to remain available until expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and

[[Page 111 STAT. 2472]]

3703; full medical coverage for dependent members of immediate families 
of employees stationed overseas and employees temporarily posted 
overseas; travel and transportation of employees of the United States 
and Foreign Commercial Service between two points abroad, without regard 
to 49 U.S.C. 1517; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding ten years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries; 
not to exceed $327,000 for official representation expenses abroad; 
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 balances 
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 Administration, $171,070,000 shall 
be for the United States and Foreign Commercial Service, and $11,700,000 
shall be for Executive Direction and Administration: Provided further, 
That <<NOTE: Applicability.>>  the provisions of the first sentence of 
section 105(f ) and all of section 108(c) of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f ) and 2458(c)) shall 
apply in carrying out these activities without regard to section 5412 of 
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and 
that for the purpose of this Act, contributions under the provisions of 
the Mutual Educational and Cultural Exchange Act shall include payment 
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 medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
rental of space abroad for periods not exceeding ten years, and expenses 
of alteration, repair, or improvement; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when such 
claims arise in foreign countries; not to exceed $15,000 for official 
representation expenses abroad; awards of compensation to informers 
under the Export Administration Act of 1979, and as authorized by 22 
U.S.C. 401(b); purchase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law; $43,900,000 to remain available until expended, of 
which $1,900,000 shall be for inspections and other activities related 
to national security: Provided, That <<NOTE: Applicability.>>  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.

[[Page 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 Department 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 appropriated or otherwise made 
available under this heading may be used directly or indirectly for 
attorneys' or consultants' fees in connection with securing grants and 
contracts made by the 
Economic Development Administration: Provided further, That, 
notwithstanding any other provision of law, the Secretary of Commerce 
may provide financial assistance for projects to be located on military 
installations closed or scheduled for closure or 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 
regarding the title to land on military installations closed or 
scheduled for closure or realignment.

                          salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $21,028,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title I 
of the Public Works Employment Act of 1976, as amended, title II of the 
Trade Act of 1974, as amended, and the Community 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.

[[Page 111 STAT. 2474]]

                 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

    The Secretary of Commerce <<NOTE: 15 USC 1527a note.>>  is 
authorized to disseminate 
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 Competitiveness Act of 1988 (15 
U.S.C. 4912), charge fees necessary to recover the full costs incurred 
in their production. Notwithstanding 31 U.S.C. 3302, 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 further, That hereafter, <<NOTE: 47 USC 903 
note.>>  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

[[Page 111 STAT. 2475]]

withholding payment of such cost shall not use spectrum: Provided 
further, That the Secretary of Commerce is authorized to retain and use 
as offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for all costs incurred in 
telecommunications research, 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 Government 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 
Telecommunications Facilities, Planning 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 program administration and 
other support activities as authorized by section 391: Provided further, 
That of the funds appropriated herein, not to exceed 5 percent may be 
available for telecommunications research activities for projects 
related directly to the development of a national information 
infrastructure: Provided further, That, notwithstanding the requirements 
of section 392(a) and 392(c) of the Act, these funds may be used for the 
planning and construction of telecommunications networks for the 
provision of educational, cultural, health care, public information, 
public safety, or other social services.

                       Patent and Trademark Office

                          salaries and expenses

    For necessary expenses of the Patent and Trademark Office provided 
for by law, including defense of suits 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 appropriated from the general fund shall be 
reduced as such offsetting collections are received during fiscal year 
1998, so as to result

[[Page 111 STAT. 2476]]

in a final fiscal year 1998 appropriation from 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 Trademark 
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 Partnership 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 Fund'': Provided, That <<NOTE: 15 
USC 178k note.>>  notwithstanding the time limitations imposed by 15 
U.S.C. 278k(c)(1) and (5) on the duration of Federal financial 
assistance that may be awarded by the Secretary of 
Commerce to Regional Centers for the transfer of Manufacturing 
Technology (``Centers''), such Federal financial assistance for a Center 
may continue beyond six years and may be renewed for additional periods, 
not to exceed one year, at a rate not to exceed one-third of the 
Center's total annual costs, subject before any such 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 further, That the Center's most recent 
performance evaluation is positive, and the Center has submitted a 
reapplication which has successfully passed merit review.

[[Page 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 architectural 
and engineering design, and for renovation of existing facilities, 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 <<NOTE: 33 USC 851.>>  hire of aircraft; not to exceed 
283 commissioned officers on the active list as of September 30, 1998; 
grants, contracts, or other payments to nonprofit organizations for the 
purposes of conducting activities pursuant to cooperative agreements; 
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 appropriation as 
offsetting collections to be available until expended, to recover the 
costs of administering aeronautical charting programs: Provided further, 
That the sum herein appropriated from the general fund shall be reduced 
as such additional fees are received during fiscal year 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, notwithstanding 
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.

[[Page 111 STAT. 2478]]

                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 available for the 
advanced weather interactive processing system, and may be available for 
obligation and expenditure only pursuant to a certification by the 
Secretary 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 deployment will not exceed $188,700,000: 
Provided further, That unexpended balances of amounts 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 Atlantic 
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 authorized 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.

[[Page 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 U.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 appropriations 
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 activities that are 
under the control of the United States Air Force or the United States 
Air Force Reserve.
    Sec. 204. <<NOTE: 13 USC 23 note.>>  None of the funds provided in 
this or any previous Act, or hereinafter made available to the 
Department of Commerce, shall be available to reimburse the Unemployment 
Trust Fund or any other fund or 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

[[Page 111 STAT. 2480]]

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 
transferring or rescinding funds appropriated herein for agencies or 
programs terminated under such legislation: Provided further, That such 
plan shall be transmitted in accordance with section 605 of this Act.
    (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 Commerce, 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 incentives 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 authorities included under 
section 205 of 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 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 
procedures 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 IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
    Sec. 209. <<NOTE: 13 USC 141 note.>>  (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;

[[Page 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 
        respective 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 apportionment 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 
        Government 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, invalid, 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 requirements 
        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 
        undercounted, 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 employment 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 apportionment 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

[[Page 111 STAT. 2482]]

        the use of such method, in a decennial census, to determine the 
        population for purposes of the apportionment or redistricting 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 question 
        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 
        representation 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 unnecessary 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 than is provided in this 
paragraph. In selecting the district court in which to consolidate 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 Speaker'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

[[Page 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 statistical inference; and
            (2) the term ``census'' or ``decennial census'' means a 
        decennial 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 methods 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. <<NOTE: Public information. Internet.>>  Simultaneously with any 
other release or reporting 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 identical 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 
fiscal years.
    Sec. 210. <<NOTE: Establishment. 13 USC 141 note.>>  (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 simulations 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.

[[Page 111 STAT. 2484]]

             <<NOTE: 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, including 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 personnel 
        as that executive director considers appropriate; and
            (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 maximum 
        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 appointments 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 suitable 
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

[[Page 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 <<NOTE: Regulations.>>  shall prescribe regulations 
under which any 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 Government Printing 
Office, the Board shall be deemed to be a committee of the Congress.
    (f )(1) The <<NOTE: Reports.>>  Board shall transmit to the 
Congress--
            (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 thereafter;
            (C) a final report which shall be due by September 1, 2001; 
        and

[[Page 111 STAT. 2486]]

            (D) any other reports which the Board considers appropriate.

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 
        connection with--
                    (i) computer modernization and the appropriate use 
                of automation;
                    (ii) address list development;
                    (iii) outreach and 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 
                training of enumerators.

    (3) Any data or other information obtained by the Board under this 
section shall be made available to any committee or subcommittee of 
Congress of appropriate jurisdiction upon request of the chairman or 
ranking minority member of such committee or subcommittee. 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 recommendations 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)(1) 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.

    (2) This <<NOTE: Applicability.>>  subsection applies with respect 
to any individual who is serving or who has ever served--
            (A) as the Director of the Census; or

[[Page 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 <<NOTE: Termination date.>>  Board shall cease to exist on 
September 30, 2001.

    (k) Section 9(a) of title 13, United States Code, is amended 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 Agencies 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 
        technology 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)(11)(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 
Administration-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''.

[[Page 111 STAT. 2488]]

   TITLE III <<NOTE: The Judiciary Appropriations Act, 1998.>> --THE 
JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve; $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, magistrate 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 (including 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

[[Page 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 Childhood 
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 execution 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);

[[Page 111 STAT. 2490]]

$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 Public 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 representation 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 Survivors' Annuities 
Fund, as authorized by 28 U.S.C. 376(c), $7,400,000; and to the United 
States Court of Federal Claims Judges' Retirement Fund, as authorized by 
28 U.S.C. 178(l), $1,800,000.

                   United States Sentencing Commission

                          salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $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 appropriation, 
except ``Courts of Appeals, District Courts, and Other

[[Page 111 STAT. 2491]]

Judicial Services, Defender Services'' and ``Courts of Appeals, District 
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 expenditure 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 (l).
    Sec. 305. <<NOTE: 28 USC 41 note.>>  (a) Commission on Structural 
Alternatives for the Federal Courts of Appeals.--
            (1) Establishment and functions of commission.--
                    (A) Establishment.--There is established a 
                Commission 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 
                      reference to the Ninth Circuit; and
                          (iii) report <<NOTE: Reports.>>  to the 
                      President and the Congress its recommendations for 
                      such changes in circuit boundaries or structure as 
                      may be appropriate for the expeditious and 
                      effective disposition of the caseload of the 
                      Federal Courts of Appeals, consistent with 
                      fundamental 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 
                enactment 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

[[Page 111 STAT. 2492]]

                vested in the Commission, but not in excess of the 
                maximum 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 
                maximum 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 compensation 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. Compensation 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, including 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 assistance 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 to the 
        President and the Congress. <<NOTE: Termination date.>>  The 
        Commission shall terminate 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

[[Page 111 STAT. 2493]]

section. Such sums as are appropriated shall remain available until 
expended.
    Sec. 306. Pursuant <<NOTE: 28 USC 461 note.>>  to section 140 of 
Public Law 97-92, justices 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 adjustments 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 payment to defense counsel by dividing those 
                      amounts into the following categories:
                                    ``(I) Arraignment and or plea.
                                    ``(II) Bail and detention hearings.
                                    ``(III) 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 
                      defendant.--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--

[[Page 111 STAT. 2494]]

                          ``(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 provided 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 counsel to 
                justify the expenses to the court until such time as the 
                appeals process is completed, unless the court 
                determines that none of the defendant's interests set 
                forth in subparagraph (D) will be compromised.
                    ``(F) Effective <<NOTE: Applicability.>>  date.--The 
                amendment made by paragraph (4) shall become effective 
                60 days after 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 <<NOTE: Department of State and Related Agencies Appropriations 
Act, 1998.>>  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, That notwithstanding section 
140(a)(5), <<NOTE: 8 USC 1351 note.>>  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

[[Page 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 International 
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 percent 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, including 
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

[[Page 111 STAT. 2496]]

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 accordance 
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 Department 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 Consular 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 necessary 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.

[[Page 111 STAT. 2497]]

      payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $129,935,000.

International <<NOTE: 22 USC 269a note.>>  Organizations and Conferences

              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 
contingent 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) establishment 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 
procedures with the Congress: Provided further, That any payment of 
arrearages shall be directed toward special activities that are mutually 
agreed upon by the United States and the respective international 
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 section 401(b) of 
Public Law 103-236 and under such other requirements 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 Committees on Appropriations and Foreign 
Relations of the Senate and the Committees on Appropriations and 
International Relations of the House of Representatives are notified of 
the steps taken, and anticipated, to meet the requirements of section 
401(b) of Public Law 103-236 at least 15 days in advance of the proposed 
certification: 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

[[Page 111 STAT. 2498]]

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 available 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 identifying 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 meetings 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 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 described in the first proviso 
under the heading ``Contributions 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): (1) 
the <<NOTE: Notification.>>  Committees on Appropriations of the House 
of Representatives and the Senate and other appropriate committees of 
the Congress 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 material for United Nations 
peacekeeping activities equal to those being given to foreign 
manufacturers and suppliers.

[[Page 111 STAT. 2499]]

                        International Commissions

    For necessary <<NOTE: 22 USC 269a note.>>  expenses, not otherwise 
provided for, to meet obligations of the United States arising under 
treaties, or specific Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For necessary expenses for the United States 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 authorized 
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 Public Law 103-182, 
$5,490,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                   international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $14,549,000: 
Provided, That the United States' share of such expenses may be advanced 
to the respective commissions, pursuant to 31 U.S.C. 3324.

                                  Other

                     payment to the asia foundation

    For a grant to the Asia Foundation, as authorized by section 501 of 
Public Law 101-246, $8,000,000, to 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)).

[[Page 111 STAT. 2500]]

                            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 improvements 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

[[Page 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 Reorganization 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 appropriation 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 counseling.

            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 Program Trust 
Fund on or before September 30, 1998, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
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 OMB 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 Educational 
Exchange Act of 1948, as amended, the United States International 
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 
1977, to carry out international communication 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 official reception and representation

[[Page 111 STAT. 2502]]

expenses of Radio Free Europe/Radio Liberty; and in addition, 
notwithstanding 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 available until expended for carrying 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 amended, 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 installation 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 
transmission 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 carrying 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 payment 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.

[[Page 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 Information Agency 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 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. Funds appropriated by this Act for the United States 
Information Agency, the Arms Control and Disarmament Agency, and the 
Department of State may be obligated and expended notwithstanding 
section 701 of the United States Information and Educational Exchange 
Act of 1948 and section 313 of the Foreign Relations 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 
transferred 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.

[[Page 111 STAT. 2504]]

            (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 maintenance, 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--

[[Page 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 
                departmental 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 Management 
        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 Commission, 
        for salaries and expenses, $26,000.

[[Page 111 STAT. 2506]]

    (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.
    Sec. 405. (a) <<NOTE: Border adjustment.>>  An employee who 
regularly commutes from his 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 payments 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 members 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.
    (d) The <<NOTE: Regulations.>>  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 payment of obligations incurred for operating-differential 
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

[[Page 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: Provided, 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 limitations contained in 
this Act or in any prior appropriation Act, and all receipts which 
otherwise would be deposited to the credit of said fund shall be covered 
into the Treasury as miscellaneous receipts.

      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 of 
Public 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 paragraph shall be used to employ 
in excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this 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.

[[Page 111 STAT. 2508]]

                    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 payments 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 Employment Act, the Americans with 
Disabilities Act of 1990, and the Civil Rights Act of 1991; 
$242,000,000: Provided, That the Commission 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 allowances therefor, as 
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception and 
representation expenses; purchase (not to exceed 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, and 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

[[Page 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 passenger 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 notwithstanding any other provision 
of law, not to exceed $70,000,000 of offsetting collections derived from 
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be 
retained and used for 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 Corporation 
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.

[[Page 111 STAT. 2510]]

                       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

    Sec. 501. (a) Continuation of Competitive Selection 
Process.--None of the funds appropriated in this Act to the Legal 
Services Corporation may be used to provide financial assistance to any 
person or entity except through a competitive selection process 
conducted in accordance with regulations promulgated by the Corporation 
in accordance with the criteria set forth in subsections (c), (d), and 
(e) of section 503 of Public Law 104-134 (110 Stat. 1321-52 et seq.).
    (b) Inapplicability of 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 grant 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 Restrictions.--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;
                    (B) paragraph <<NOTE: Applicability.>>  (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,

[[Page 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)(11) of such section 504 shall not 
                be construed to prohibit a recipient from using funds 
                derived from a source other than the Corporation to 
                provide related legal assistance to--
                          (i) an alien who has been battered or 
                      subjected to extreme cruelty in the United States 
                      by a spouse or a parent, or by a member of the 
                      spouse's or parent's family residing in the same 
                      household as the alien and the spouse or parent 
                      consented or acquiesced to such battery or 
                      cruelty; or
                          (ii) an alien whose child has been battered or 
                      subjected to extreme cruelty in the United States 
                      by a spouse or parent of the alien (without the 
                      active participation 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 
                      participate 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 
        assistance directly related to the prevention of, or obtaining 
        of relief from, the battery or cruelty described in such 
        subsection.

    Sec. 503. <<NOTE: Applicability.>>  (a) Continuation of Audit 
Requirements.--The requirements of section 509 of Public Law 104-134 
(110 Stat. 1321-58 et seq.), other than subsection (l) 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 Services 
Corporation under this Act shall be conducted during fiscal year 1998 in 
accordance with the requirements referred to in subsection (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 
        Regulations (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 
        decision;

[[Page 111 STAT. 2512]]

            (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 
        Corporation 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, 
        subcontract, 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.

    Sec. 505. <<NOTE: Applicability.>>  (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 determine 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 Mammal Commission as authorized 
by title II of Public Law 92-522, as amended, $1,185,000.

[[Page 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 secretariat for the International 
Organization of Securities Commissions, and 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 
matters, 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. 77f(b)(4)) and 
31(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d)) shall 
be credited to this account as offsetting 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 available for a 
grant to Lackawanna County, Pennsylvania for infrastructure development 
to assist in small business development; $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, 
Arkansas; and $500,000 shall be available for a

[[Page 111 STAT. 2514]]

continuation grant to the Center for Entrepreneurial Opportunity in 
Greensburg, Pennsylvania, to provide for small business consulting 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 
carrying out these purposes without further appropriations: Provided 
further, That $75,800,000 shall be available 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 transferred 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 Administration 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.

[[Page 111 STAT. 2515]]

                  surety bond guarantees revolving fund

    For additional capital 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 and expenses

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Authorization Act of 1992 (Public Law 
102-572 (106 Stat. 4515-4516)), $6,850,000, to remain available 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. <<NOTE: Contracts. Public information.>>  The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing 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

[[Page 111 STAT. 2516]]

activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or 
activities; or (6) contracts out or privatizes any functions, or 
activities presently performed by Federal employees; unless the 
Appropriations 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, whichever is 
less, that: (1) augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, 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 outside 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 Labeling Products 
as Made in America.--If it has been finally determined 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 debarment, 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 harassment 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

[[Page 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 Vietnam 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 Government, 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 
                trilateral 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 
        thoroughly 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 peacekeeping 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 
recommendation.
    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) any 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 any electric or electronic 
        musical instrument.

[[Page 111 STAT. 2518]]

    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 implement 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 expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 614. <<NOTE: Pornography.>>  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

[[Page 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 effective 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. <<NOTE: 18 USC 3006A note.>>  During fiscal year 1998 and 
in any fiscal year thereafter, 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 
circumstances 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 products, 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 
Army for the fiscal year ending June thirtieth, nineteen hundred and 
one'', approved May 26, 1900 (31 Stat. 206; ch. 586; 47 U.S.C. 17), is 
repealed.

[[Page 111 STAT. 2520]]

    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 <<NOTE: Name listing.>>  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 
        Gonzalez, and Jean-Hubert Feuille;
            (2) has <<NOTE: Jean-Bertrand Aristide. Anthony Lake. Rene 
        Preval.>>  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 <<NOTE: Jean-Joseph Exume.>>  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 
                member 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 <<NOTE: Records.>>  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

[[Page 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 investigation of the 
extrajudicial and political killings and has not prosecuted those 
implicated for the killings specified in paragraph (1) of subsection 
(a).
    (d) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives 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) <<NOTE: 47 USC 254 note.>>  is hereby 
repealed. This 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 Telecommunications 
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 Telecommunications 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 Commission'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

[[Page 111 STAT. 2522]]

            (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 Petroleum Reserve Numbered 
1 (Elk Hills) under subtitle B of title XXXIV 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 General 
        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 Property 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 
appropriated, for fiscal year 1998, and for each fiscal year thereafter, 
an amount equal to the amount of funds derived from the assessments 
authorized by section 18(a).''.
    Sec. 628. <<NOTE: Clarence P. Stewart.>>  Notwithstanding the 
failure of Clarence P. 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 Secretary of Agriculture shall cause Clarence P. Stewart 
to be afforded relief that is fully commensurate with the relief 
afforded the similarly 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 section 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

[[Page 111 STAT. 2523]]

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), <<NOTE: Ante, p. 1600.>>  is amended as 
follows--
            (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 <<NOTE: Ante, p. 1305.>>  512(b) of Public Law 
105-61 is amended by adding before the period: ``unless the President 
announced his intent to nominate the individual prior to November 30, 
1997''.

    Sec. 632. <<NOTE: New Mexico. 42 USC 2391 note.>>  (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 <<NOTE: Reports.>>  Identification of Parcels of 
Land for 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 Laboratory 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 <<NOTE: Reports.>>  of Title.--(1) Not later than one 
year after the 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.

[[Page 111 STAT. 2524]]

    (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
            (C) submit <<NOTE: Reports.>>  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 restoration 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 practicable 
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 conveying 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 completion 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 submitted 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 Secretary 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 restoration or 
remediation, the Secretary shall convey or transfer the parcel, as the 
case may be, upon the completion of the environmental 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

[[Page 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 
purposes.
    (i) Treatment of Conveyances and Transfers.--(1) The purpose 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 <<NOTE: Ante, p. 2050.>>  is 
repealed.

    Sec. 633. <<NOTE: Effective date.>>  Effective only for losses 
beginning March 1, 1997 through the date of enactment of this Act, the 
Secretary of Agriculture 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 catastrophic 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.

[[Page 111 STAT. 2526]]

                         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 Conservation 
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)(2)(D)(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 transmits 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 Appropriations Act, 1998''.

    Approved November 26, 1997.

LEGISLATIVE HISTORY--H.R. 2267 (S. 1022):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-207 (Comm. on Appropriations) and 105-405 (Comm. 
of Conference).
SENATE REPORTS: No. 105-48, 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.

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