Bill summaries are authored by CRS.

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Passed Senate amended (07/29/1997)

TABLE OF CONTENTS:

Title I: Department of Justice

Title II: Department of Commerce and Related Agencies

Title III: The Judiciary

Title IV: Department of State and Related Agencies

Title V: Related Agencies

Title VI: General Provisions

Title VII: Rescissions - Department of Justice

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 - Makes appropriations for FY 1998 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies.

Title I: Department of Justice - Department of Justice Appropriations Act, 1998 - Makes appropriations for the Department of Justice for: (1) general administration; (2) counterterrorism activities; (3) administration of pardon and clemency petitions and immigration-related activities; (4) specified violent crime reduction programs; (5) the Office of Inspector General; (6) the U.S. Parole Commission; (7) legal activities; (8) deportation of certain denied asylum applicants; (9) antitrust activities; (10) the Office of U.S. Attorneys; (11) the U.S. Trustee Program; (12) the Foreign Claims Settlement Commission; (13) the U.S. Marshals Service; (14) fees and expenses of witnesses; (15) the Community Relations Service; (16) certain uses of the Assets Forfeiture Fund; (17) administrative expenses related to the Radiation Exposure Compensation Act; (18) the Radiation Exposure Compensation Trust Fund; (19) interagency law enforcement with respect to organized crime drug trafficking; (20) the Federal Bureau of Investigation (FBI); (21) construction for specified agencies; (22) the Drug Enforcement Administration; (23) the Immigration and Naturalization Service; (24) the Federal prison system, including amounts for substance abuse treatment in Federal prisons and for buildings and facilities; (25) Office of Justice programs; (26) State and local law enforcement assistance; (27) the Executive Office for Weed and Seed; (28) juvenile justice programs and block grants; and (29) public safety officers' benefits.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 103) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.

(Sec. 109) Authorizes the FBI Director to carry out a two-year demonstration project showing the viability for the defensive arming of select non-agent personnel.

(Sec. 110) Amends the Immigration and Nationality Act to eliminate provisions establishing the Immigration Detention Account.

(Sec. 111) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 to make permanent certain provisions that authorize: (1) the adjustment of status of certain aliens to permanent resident; and (2) the issuance of immigrant visas to certain aliens within 90 days of departure from the United States under specified conditions.

(Sec. 112) Philippine Army, Scouts, and Guerilla Veterans of World War II Naturalization Act of 1997 - Amends the Immigration and Nationality Act of 1990 with respect to the naturalization of certain Philippine World War II veterans.

(Sec. 113) Amends the Immigration and Nationality Act to expand the definition of "special immigrant" to apply such definition to immigrants who are present in the United States without having been admitted or paroled, or who have been paroled by the Attorney General specifically for purposes of obtaining such status, and who meet other specified criteria.

(Sec. 114) Amends the Victims of Crime Act of 1984 to eliminate provisions that make the Crime Victims Fund available for judicial branch administrative costs. Authorizes the use of unobligated sums for such costs by the Director of the Office for Victims of Crime to improve services for the benefit of crime victims.

(Sec. 116) Amends the Violent Crime Control and Law Enforcement Act of 1994 to require States to establish boards composed of experts in the behavior and treatment of sex offenders, victims' rights advocates, and law enforcement representatives for purposes of making recommendations to sentencing courts on whether a person is a sexually violent predator. Authorizes the Attorney General to waive such requirement for States that have established satisfactory alternative procedures for making such recommendations.

Expands the list of agencies and officials who may be responsible for notifying paroled sex offenders of their duty to register current addresses (currently, the court has this responsibility).

Establishes registration requirements for certain sex offenders who are: (1) employed or enrolled as students in States other than their State of residence; (2) probationers or parolees residing in States other than the one in which sentenced; (3) Federal offenders; or (4) military personnel.

Requires States to report to the Attorney General on existing or proposed laws regarding stalking crimes against individuals 16 years of age or younger.

Expresses the sense of the Senate that each State should have a law that makes it a crime to stalk an individual under the age of 16 without requiring that such individual be physically harmed before a stalker is restrained or punished.

(Sec. 117) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to increase the number of visas set aside under a specified pilot program for immigrants seeking to enter the United States for purposes of engaging in a new commercial enterprise. Extends such program.

(Sec. 118) Requires the Director of the U.S. Marshals Service to provide a magnetometer and guards at specified real property leased to the Federal Government in Albuquerque, New Mexico.

(Sec. 119) Amends the Federal Property and Administrative Services Act of 1949 to authorize the transfer of surplus Government property required for correctional facility use as needed by States, localities, and territories for law enforcement or emergency management response purposes.

(Sec. 121) Amends the Federal criminal code to require public disclosure of amounts paid to court-appointed attorneys upon the court's approval of such payment. Outlines disclosure requirements with respect to: (1) proceedings in pre-trial status or a trial-in-progress; and (2) a payment request which is not made by counsel until after completion of the trial. Allows limited disclosure of such fees in appropriate cases in order to protect a defendant.

Requires the court to provide reasonable notice of such disclosure to counsel prior to payment approval to allow the counsel to request reaction of such disclosure in the interests of the defendant.

Requires the court to withhold disclosure of such payments until completion of any appeal, unless the defendant's interests will not be compromised.

(Sec. 122) Amends the Foreign Agents Registration Act of 1938 to include within the definition of "agent of a foreign principal," for purposes of requiring registration, certain nonprofit organizations that conduct public policy research, education, or information dissemination and that receive over $10,000 in contributions in a 12-month period from a foreign government.

(Sec. 123) Requires the Administrative Office of the U.S. Courts and the Attorney General to study costs related to defending, presiding over, investigating, and prosecuting Federal capital cases and to report recommendations on containing costs in such cases to specified congressional officials and committees.

(Sec. 129) Directs the Attorney General to submit to the Congress a plan to require sex offenders, prior to release from Federal custody following a conviction for a criminal offense against a minor or a sexually violent offense, to provide DNA samples to the appropriate law enforcement agency for inclusion in a national law enforcement DNA database.

(Sec. 130) Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend the Violent Crime Reduction Trust Fund through FY 2002. Sets discretionary spending limits contained in H. Con. Res. 84 (105th Congress) for such years at the same amounts authorized to be transferred to the Fund.

Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1998 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) export administration and national security activities; (4) the Economic Development Administration; (5) minority business development; (6) economic and statistical analysis programs; (7) the Census Bureau; (8) the National Telecommunications and Information Administration; (9) public broadcasting facilities, planning, and construction grants; (10) information infrastructure grants; (11) the Patent and Trademark Office; (12) the Under Secretary for Technology-Office of Technology Policy; (13) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership and for renovation of facilities; (14) the National Oceanic and Atmospheric Administration, including amounts for construction and fleet maintenance and planning; (15) the Coastal Zone Management Fund; (16) the Fishing Vessel and Gear Damage Compensation Fund; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) fishing vessel obligations guarantees; (20) general administration; and (21) the Office of Inspector General.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 208) Establishes the Bureau of the Census Working Capital Fund.

(Sec. 209) Prohibits the use of FY 1998 funds by the Department of Commerce to make irreversible plans for the use of sampling or other statistical methods in taking the 2000 decennial census for purposes of the apportionment of Representatives in the Congress.

(Sec. 214) Expresses the sense of the Senate with regard to protecting consumers from fraudulent transfers of selected telephone service ("slamming").

Title III: The Judiciary - Judiciary Appropriations Act, 1998 - Makes appropriations for: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) defender services; (6) fees of jurors and commissioners; (7) court security; (8) the Administrative Office of the U.S. Courts; (9) the Federal Judicial Center; (10) judicial retirement funds; and (11) the U.S. Sentencing Commission.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 304) Makes permanent authorities of the Judiciary Information Technology Fund (currently, such authorities terminate at the end of FY 1998).

(Sec. 305) Ninth Circuit Court of Appeals Reorganization Act of 1997 - Divides the current U.S. Court of Appeals for the ninth circuit into the following two circuits: (1) the ninth circuit composed of California and Nevada to consist of 15 judges and to hold regular sessions in San Francisco and Los Angeles; and (2) the twelfth circuit, composed of Alaska, Arizona, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands, Oregon, and Washington, to consist of 13 judges and to hold regular sessions in Portland, Seattle, and Phoenix.

Assigns circuit judges of the former ninth circuit to either of the two new circuits based upon their official station, with senior judges permitted election of assignment. Provides for two co-equal clerks of the court for the twelfth circuit to be located in Phoenix and Seattle.

(Sec. 306) Authorizes U.S. judges and justices to receive a salary adjustment during FY 1998.

Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1998 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; (13) the Asia Foundation; and (14) the Arms Control and Disarmament Agency.

Appropriates funds for the U.S. Information Agency for: (1) international information programs; (2) information technology improvements; (3) educational and cultural exchanges; (4) the Eisenhower Exchange Fellowships, Incorporated; (5) the Israeli Arab Scholarship Program; (6) international broadcasting, including broadcasting to Cuba; (7) radio construction; (8) the Center for Cultural and Technical Interchange Between East and West; and (9) the North-South Center.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 405) Prohibits funds appropriated by this or any other Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding recovery and analysis of American remains, accounting for prisoners-of-war and individuals missing in action, and investigations in Laos.

(Sec. 406) Transfers specified funds for purposes of implementing the International Cooperative Administrative Support Services program.

(Sec. 408) Expresses the sense of the Senate regarding the service of John H.R. Berg to the United States.

(Sec. 409) Makes funds available for exchange activities associated with the 1999 Women's World Cup.

Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for operating-differential subsidies, maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Immigration Reform; (5) Commission on Security and Cooperation in Europe; (6) Equal Employment Opportunity Commission (EEOC); (7) Federal Communications Commission; (8) Federal Maritime Commission; (9) Federal Trade Commission; (10) Legal Services Corporation; (11) Marine Mammal Commission; (12) National Gambling Impact Study Commission; (13) Securities and Exchange Commission; (14) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and capital for the Surety Bond Guarantees Revolving Fund; and (15) State Justice Institute.

Sets forth authorized uses of, and limitations on, such funds.

Title VI: General Provisions - Sets forth limitations on the use of funds under this Act.

(Sec. 607) Sets forth Buy American provisions.

(Sec. 608) Prohibits the use of funds made available by this Act to: (1) enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993; or (2) provide specified personal comforts in the Federal prison system.

(Sec. 613) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings.

(Sec. 614) Expresses the sense of the Senate that the Balanced Budget Reconciliation Act of 1997 should not manipulate, modify, or impair universal service support as a means to achieve a balanced Federal budget or budget savings.

(Sec. 616) Requires the Legal Services Corporation to study and report to the Congress on the number of individuals unable to obtain legal assistance as a result of a provision of law that prohibits such assistance to persons engaging in litigation, lobbying, or rulemaking in efforts to reform Federal or State welfare systems.

Title VII: Rescissions - Department of Justice - Rescinds a specified amount of funds made available for the Department of Justice Working Capital Fund.