14f4c3c6f3a919e0bd20b3df1d3369620ca5ca4a3153f02b0e319d39a9e60b43

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.

cfc8ca0b196e5ab4db4c4c94749965057fd12a39866ef062c1aefda7357baa8b

TITLE I

-DEPARTMENT OF JUSTICE

Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132,
93 Stat. 1040 (1979)), as amended, shall remain in effect until the
termination date of this Act or until the effective date of a
Department of Justice Appropriation Authorization Act, whichever is
earlier.

d8c3c881a5bd9cbf5e55bebdaf2750707875ed1fd27368d2c7b8eea06cb8e69b

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.

28e5b1d1092edc2c3d02a52cacc811ce07fc2fe1d8479e7331a1da58fd12efa3

used to require any person to perform, or facilitate in any way the
performance of, any abortion.

00045717d6cdf160b25ec6dcd927e3dae8e1d83bf8f4d0371d21774002f6b7c7

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.

2be204616b0c4f78cefabbe61f1242cde3225364523d41b89343be990ad5c958

$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.

e915f272b606529fe106d764f5d0b25514ae80dadd1624ccf67973c067cbdc84

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.

fb0419029fc6a78a373ff7818a90cadac54103b32d21b34f8ceb01dbed4e0aa4

amended by striking the year in the date therein contained and
replacing the same with ``1997 and thereafter''.

fc0b477230fcb7b99ae2c316ab75f7eb93c3726a547a136095adaa6757ae4f29

authorized to carry out a 2-year demonstration project showing the
viability for the defensive arming of select non-agent personnel:
Provided, That the Director, Federal Bureau of Investigation, may
authorize to carry firearms not more than 50 non-agent investigative
specialists assigned to special surveillance groups supporting
investigations, counterintelligence and counterterrorism activities:
Provided further, That personnel designated under this authority shall
meet selection criteria established by the Director, Federal Bureau of
Investigation, and successfully complete training for firearms
proficiency, defensive tactics, and deadly force policy: Provided
further, That personnel designated under this authority shall not be
deemed law enforcement officers under Title 5, United States Code, for
pay, retirement, position classification, or other purposes: Provided
further, That the Director, Federal Bureau of Investigation, shall
submit to the Committees on the Judiciary of both the House and the
Senate, by March 31, 1999, a report on the viability of the defensive
arming demonstration project along with recommendations for permanent
authority for non-agent personnel or discontinuance of the demonstraton
project.

3b4b3b03b91c0e7e13b0296d0677dcef159f4e0b24ec1cf77c63d3fac383dde6

is further amended--
(a) by striking entirely section 286(s);
(b) in section 286(r) by--
(1) adding ``, and amount described in section
245(i)(3)(b)'' after ``recovered by the Department of
Justice'' in subsection (2);
(2) replacing ``Immigration and Naturalization
Service'' with ``Attorney General'' in subsection (3);
and
(3) striking subsection (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
(c) in section 245(i)(3)(B), by replacing ``Immigration
Detention Account established under section 286(s)'' with
``Breached Bond/Detention Fund established under section
286(r)''.

a582574dcb6841d0f91ab1c5a0f63ce17ecdfa3538d5493299be0bbcee8e1f15

and State, the Judiciary, and Related Agencies Appropriations Act, 1995
(8 U.S.C. 1182 note, 1255 note) is amended by deleting everything after
``1994''.

870f640cc2e65f2344bbf35ca2009809dc92b8e599bd8f90ecabf3d9ee84773d

``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, in the event the Department
of the Army has no record of military service of such
applicant, the General Headquarters of the Armed Forces
of the Philippines; 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.
``(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 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.

88f7739d311a6e23d02eaba1e93f887d779e1ff9920a9a9336e51e1631df4d67

Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read as
follows:
``(J) an immigrant--
``(i) who is present in the United States
without having been admitted or paroled, or who
has been paroled into the United States by the
Attorney General specifically for the purpose
of obtaining special immigrant status pursuant
to this subparagraph;
``(ii)(I) who has been declared dependent
on a juvenile court located in the United
States if the dependency order is issued
pursuant to a request made on behalf of the
alien, the court notifies the Attorney General
of the request for the order, and the Attorney
General expressly consents to the court hearing
the request; or
``(II) whom the juvenile 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, except that while the alien
is in the actual or constructive custody of the
Attorney General, the court shall have
jurisdiction to determine the custody status of
the alien only if the Attorney General
expressly consents to that jurisdiction; and
``(iii) 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; except that 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.''.
(b) Adjustment of Status.--Section 245(h) of the Immigration and
Nationality Act (8 U.S.C. 1255(h)) is amended by striking the period at
the end and inserting the following: ``, unless the alien was paroled
into the United States by the Attorney General specifically in order to
apply for such special immigrant status. Nothing in this subsection or
section 101(a)(27)(J) shall be construed to require the Attorney
General to parole into the United States any alien specifically for
this purpose.''.

0fe7c76b6c4c058c747ed1ea54d8e6a7244d80b2f3b0da57fcf40f892bd09c09

U.S.C. 10601), is amended in subsection (d) by--
(1) replacing ``judicial branch administrative costs; grant
program percentages'' in the heading with ``grant programs'';
(2) striking paragraph (1);
(3) replacing ``the next'' in paragraph (2) with ``The
first''; and
(4) redesignating paragraphs (2) through (4) as paragraphs
(1) through (3), respectively.
(b) Any unobligated sums hitherto available to the judicial branch
pursuant to the paragraph repealed by section (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.

cd8cb8fd86ed9fa998751634df2898ef07b6a155584b0aa1067666bea522039d

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)).

7c7cfa396df05e8ff80aed19588fc2cf0719fa2529877887962250bf4a9aa5cd

Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``with a
designated State law enforcement agency''; and
(B) in subparagraph (B), by striking ``with a
designated State law enforcement agency''; and
(2) by striking paragraph (2), and inserting the following:
``(2) Determination by state boards.--
``(A) In general.--A determination that a person is
a sexually violent predator or a determination that a
person is no longer a sexually violent predator for
purposes of this section shall be made by the
sentencing court, after considering--
``(i) the recommendations of the
appropriate State board or boards under
subparagraph (B)(iii); or
``(ii) with respect to a State described in
subparagraph (C), the recommendations of the
State, which shall be made in accordance with
the procedures described in that subparagraph.
``(B) State boards.--
``(i) In general.--Except as provided in
subparagraph (C), not later than 2 years after
the date of enactment of the Jacob Wetterling
Crimes Against Children and Sexually Violent
Offenders Registration Improvements Act of
1997, each State shall establish 1 or more
State boards in accordance with this
subparagraph.
``(ii) Membership.--Each State board
established under this subparagraph shall be
composed of--
``(I) experts in the behavior and
treatment of sex offenders;
``(II) victims' rights advocates;
and
``(III) representatives of law
enforcement agencies.
``(iii) Recommendations.--Upon the request
of a sentencing court, a State board
established under this subparagraph shall make
a recommendation to the sentencing court
regarding whether a person is a sexually
violent predator or whether a person is no
longer a sexually violent predator for purposes
of this section.
``(C) Waiver.--The Attorney General of the United
States may waive the requirement that a State establish
1 or more boards in accordance with subparagraph (B),
if the State demonstrates to the satisfaction of the
Attorney General that the State--
``(i) has established alternative
procedures for making recommendations to a
sentencing court for purposes of subparagraph
(A); and
``(ii) will make a recommendation described
in clause (i) with respect to any person, upon
the request of the sentencing court.''.
(b) 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--
(1) in paragraph (1)--
(A) by striking the paragraph designation and
heading and inserting the following:
``(1) Duties of responsible officials.--'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``or in the case of probation, the
court'' and inserting ``a designated State
agency, the court, or other responsible
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
(C) in subparagraph (B), by striking ``or the
court'' and inserting ``, the designated State agency,
the court, or other responsible official'';
(2) by striking paragraph (2) and inserting the following:
``(2) Transfer of information to federal bureau of
investigation and to state.--
``(A) In general.--A designated State agency, the
court, or other responsible official, shall forward the
registration information to the agency responsible for
registration under State law, in accordance with State
procedures that meet the requirements of subparagraph
(B).
``(B) State procedures.--State procedures shall
ensure that, as promptly as practicable--
``(i) the registration information is
provided and made available to a law
enforcement agency having jurisdiction where
the person expects to reside;
``(ii) the registration information is
entered into the appropriate State records or
data system; and
``(iii) conviction data and fingerprints
for registered persons are transmitted to the
Federal Bureau of Investigation.'';
(3) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by
inserting after ``(a)(1)'' the following: ``with
respect to any person required to register under
subsection (a)(1)(A), State procedures shall provide
for verification of address not less than annually.
Such verification may be effected by providing that,'';
(B) in clause (i), by striking ``The designated
State law enforcement'' and inserting ``A designated'';
(C) in clause (ii), by striking ``State law
enforcement'';
(D) in clause (iii), by striking ``to the
designated State law enforcement agency''; and
(E) in clause (iv), by striking ``State law
enforcement'';
(4) in paragraph (4), by striking ``section reported'' and
all that follows before the period at the end and inserting
``section shall be reported by the person in the manner
provided by State law. State procedures shall ensure that the
updated address information is provided promptly to a law
enforcement agency having jurisdiction over the location at
which the person will reside and that the information is
entered into the appropriate State records or data system'';
(5) 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
(6) by adding at the end the following:
``(7) Offenders crossing state borders.--
``(A) In general.--
``(i) Registration under laws of certain
states.--Any person who is required to register
in that person's State of residence under this
section shall also register in accordance with
the law that governs the registration,
verification, and notification of sex offenders
of each State in which that person is--
``(I) employed or carries on a
vocation; or
``(II) enrolled as a student.
``(ii) Definitions.--In this subparagraph--
``(I) the term `employed or 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; and
``(II) the term `student' includes
any person who is enrolled on a full-or
part-time basis, in any public or
private educational institution,
including any secondary school, trade
or professional institution, or
institution of higher education.
``(B) Notification requirements.--The State
authority responsible for the registration of sex
offenders in each State shall ensure that each person
who is required to register under this paragraph is
notified of the requirements of this paragraph and the
potential consequences of a failure to comply with
those requirements.
``(8) Relocating state probationers and parolees.--
``(A) In general.--Notwithstanding any conflicting
terms of a probation, parole, or transfer agreement,
any person who is serving a sentence of probation,
parole, or other supervised release for conviction of
an offense that requires registration under this
section, and who is residing in any State other than
the State in which that person was sentenced for that
offense, shall register in accordance with the law of
the State of residence of the offender that governs the
registration and notification of sex offenders,
regardless of any registration or notification
obligation under the law of the State in which that
person was sentenced for the offense.
``(B) Effect of failure to comply.--A person
required to register under subparagraph (A) who
knowingly fails to comply with this paragraph, not
later than 10 days after the date on which the person
establishes residence in a State other than the State
in which the person was sentenced as described in
subparagraph (A)--
``(i) shall be subject to punishment by a
State with respect to which the person is
registered under subparagraph (A); and
``(ii) shall be guilty of an extraditable
offense, for which a Federal warrant for
unlawful flight to avoid prosecution is
available.
``(C) Notification requirements.--Each State
authority responsible for the registration of sex
offenders who reside in that State--
``(i) shall ensure, during the course of
verification of registration information, that
each person who is required to register under
this paragraph is notified of the requirements
of this paragraph and the potential
consequences of a failure to comply with those
requirements; and
``(ii) whether the relocation of a sex
offender described in this paragraph occurs
under courtesy supervision or otherwise,
shall--
``(I) notify the authority
responsible for sex offender
registration and notification in the
State of relocation of the pending
arrival of the offender in that State
of relocation; and
``(II) provide the authority
responsible for sex offender
registration and notification in the
State of relocation with information
relating to the sex offender,
including--
``(aa) the social security
number, physical description,
criminal record, terms of
supervision, and any alias of
the sex offender; and
``(bb) the address,
telephone number, and any place
of employment of the sex
offender in the State of
relocation.
``(9) Reporting requirement.--Not later than July 1, 1999,
a State shall submit a report to the Attorney General that sets
forth existing or proposed laws, including penalty provisions,
regarding stalking crimes against individuals 16 years of age
or younger.''.
(c) Release of Information.--Section 170101(d)(3) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(d)(3))
is amended--
(1) by striking ``the designated'' and all that follows
through ``State agency'' and inserting ``the State or any
agency authorized by the State'';
(2) by inserting ``to be disclosed only for criminal
justice purposes'' after ``private data''; and
(3) by adding at the end the following: ``The sale or
exchange of such information for profit or remuneration is
prohibited and shall be subject to prosecution under State
law.''.
(d) Immunity for Good Faith Conduct.--Section 170101(e) of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14071(e)) is amended by striking ``and State officials'' and inserting
``independent contractors acting at the direction of those agencies,
and State officials''.
(e) Federal Offenders and Military Personnel.--Section 170102(g)(3)
of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14072(g)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii) and indenting each clause 2 ems to the right;
(2) by striking ``A person'' and inserting the following:
``(A) In general.--A person''; and
(3) by adding at the end the following:
``(B) Federal offenders.--
``(i) In general.--A person who is released
from prison, or placed on parole, supervised
release, or probation--
``(I) who is convicted under
Federal law of--
``(aa) a criminal offense
against a victim who is a
minor; or
``(bb) a sexually violent
offense; or
``(II) who has been determined to
be a sexually violent predator,
shall, in addition to complying with the
registration requirement in paragraph (2),
register in accordance with the law of the
State of residence of that person.
``(ii) Notification requirements.--The
Director of the Bureau of Prisons shall ensure
that each person who is required to register
under this subparagraph is notified of the
requirements of this subparagraph and the
potential consequences of a failure to comply
with those requirements.
``(C) Military personnel.--
``(i) In general.--
``(I) Registration under laws of
state of residence.--A member of the
Armed Forces of the United States who
has--
``(aa) been convicted of a
criminal offense against a
victim who is a minor;
``(bb) been convicted of a
sexually violent offense; or
``(cc) been determined to
be a sexually violent predator,
by a court of the United States, a
court of a State, or a court-martial
under the Uniform Code of Military
Justice, shall register with the
entities referred to in subclause (II).
``(II) Entities.--The entities
referred to in this subclause are--
``(aa) the FBI; and
``(bb) the State of
residence of the member, and if
different from the State of
residence, the State in which
the member is permanently
assigned.
``(III) Determination of state of
residence.--For purposes of subclause
(II)(bb), the State of residence of a
member of the Armed Forces of the
United States is--
``(aa) in the case of a
member whose permanent duty
station is in a State
(including such a member who
resides on a military
installation or is serving
aboard a vessel at sea), the
State where the member resides
whenever the member is present
at that permanent duty station;
and
``(bb) in the case of a
member whose permanent duty
station is outside the United
States, the State of the
member's home of record (as
determined under regulations
prescribed by the Secretary of
the military department
concerned).
``(ii) Effect of failure to comply.--A
person who is required to register under this
subparagraph and who knowingly fails to comply
with this section may be punished--
``(I) under section 170102(i)(1);
``(II) under the Uniform Code of
Military Justice; or
``(III) in accordance with the
applicable laws of the State with
respect to which that person is
registered.
``(iii) Notification requirements.--The
Secretary of Defense shall ensure that each
member of the Armed Forces of the United States
who is required to register under this
paragraph is notified of the requirements of
this paragraph and the potential consequences
of a failure to comply with those
requirements.''.
(f) Sense of Senate.--It is the sense of the Senate that each State
should have in effect 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.

86811b1a0d263f4ac33b23d057d4f3550788575bdcec740fbed545cd9197561a

Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153; Public Law 102-395) is
amended--
(1) by striking ``300'' and inserting ``3,000''; and
(2) by striking ``five years'' and inserting ``seven
years''.
(b) Effective Date.--The amendment made by subsection (a)(2) shall
be deemed to have become effective on October 6, 1992.

bb25ee8a9189df80230af8c60f93e2dc4dfe302cbba4119f20825b55af264842

provide a magnetometer and not less than one qualified guard at each
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.

a5f49240215aede494a202a2ef855a25ec6fe231f44705140b09c5b63e03350b

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 authority provided under this subparagraph shall
terminate on December 31, 1999.''.

f83f61ff0f16895daa10ddc98386333182e275b45c9e667bdac933c5b932f79c

heading ``OFFICE OF JUSTICE PROGRAMS'' under the subheading ``state and
local law enforcement assistance'', not more than 90 percent of the
amount otherwise to be awarded to an entity under the Local Law
Enforcement Block Grant Program shall be made available to that entity,
if it is made known to the Federal official having authority to
obligate or expend such amounts that the entity employs a public safety
officer (as that term is defined in section 1204 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968) does not provide an
employee who is public safety officer and 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
that are otherwise paid by the entity to a public safety officer at the
time of retirement or separation.

23498e24fc083c26a639857c95bde20ae1df604553b265e5c43bcc3cc7b3a3e2

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.--lf 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--
``(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.''.

d708df02dff236be9595a364ca0dca3d12dc3e990e20a214264adcead467d707

of 1938, as amended (22 U.S.C. 611(d)) is amended by inserting after
``The term `agent of a foreign principal''' the following: ``(1)
includes an entity described in section 170(b)(1)(A)(vi) of the
Internal Revenue Code of 1986 that receives, directly or indirectly,
from a government of a foreign country (or more than one such
government) in any 12-month period contributions in a total amount in
excess of $10,000, and that conducts public policy research, education,
or information dissemination and that is not included in any other
subsection of 170(b) (1)(A), and (2)''.
(b) Section 3(d) of such Act (22 U.S.C. 613(d)) is amended by
inserting ``, other than an entity referred to in section 1(d)(1),''
after ``Any person''.

77ac85480e4807ead11cf6d58af0ea10f9e992f188009632fcd7aaea5c8b4a8e

consultation with the Judicial Conference, shall conduct a study of the
average costs incurred in defending and presiding over Federal capital
cases from the initial appearance of the defendant through the final
appeal, and shall submit a written report to the Chairman and Ranking
Members of the Senate and House Committees on Appropriations and the
Judiciary on or before July 1, 1998, containing recommendations on
measures to contain costs in such cases, with constitutional
requirements.

4388eafbada264abe9781b5ac1a5a7728778cf4c26749035592a14a56c606b4e

States Attorneys' Offices and relevant investigating agencies in
investigating and prosecuting Federal capital cases, including before
the initial appearance of the defendant through final appeal, and shall
submit a written report to the Chairman and Ranking Members of the
Senate and House Committees on Appropriations and the Judiciary on or
before July 1, 1998, containing recommendations on measures to contain
costs in such cases, consistent with constitutional requirements, and
outlining a protocol for the effective, fiscally responsible
prosecution of Federal capital cases.

e8055cc124d30a2b8bb220ceff34b7826a1073509d709c414b037cfadaddefd6

and Community Policing Grants, authorized under title I of the 1994
Act, to support innovative programs to improve the safety of elementary
and secondary school children and reduce crime on or near elementary or
secondary school grounds.

8daaa963bb89a25ebd4d6e442af1219dca40627bff11d087d44bbfd78664c465

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.''.

991f8b5869a8b28a27d363a63a307457cc7043cd3cdf93fdab156c9248e87704

General.--Section 212 of the Immigration and Nationality Act (8 U.S.C.
1182) is amended by adding at the end the following:
``(p) The Attorney General should exercise the waiver authority
provided for in subsection (g)(2)(B) for any alien orphan applying for
an IR3 or IR4 category visa.''.
(b) Report.--The Attorney General, in conjunction with the
Secretaries of Health and Human Services and State, shall report to
Congress within 6 months of the date of enactment of this Act on how to
establish an enforcement program to ensure that immigrants who receive
waivers from the immunization requirement pursuant to section 212 of
the Immigration and Nationality Act comply with the requirement of that
section after the immigrants enter the United States, except when such
immunizations would not be medically appropriate in the United States
or would be contrary to the alien's religious or moral convictions.

fc156e9e69365943d6308d2556a982eee79c072792a8345a05d2cd15f0d6f587

Penalty Act of 1996 (110 Stat. 1245) is amended by striking ``1 year
after the date of enactment of this Act'' and inserting ``October 1,
1999''.

845f99d34f4967ec07a13d595771c3cdbff907bd5507147f4fb4df70b2abda45

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;
(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.

5f91998041e34d62701944a67cf1417b28764efded2b71896c95416119b9b093

Section 310001(b) of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14211(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following--
``(7) for fiscal year 2001, $4,355,000,000; and
``(8) for fiscal year 2002, $4,455,000,000.
(b) Beginning on the date of enactment of this legislation, the
discretionary spending limits contained in section 201 of H. Con. Res.
84 (One Hundred Fifth Congress) are reduced as follows--
(1) for fiscal year 2001, $4,355,000,000 in new budget
authority and $5,936,000,000 in outlays;
(2) for fiscal year 2002, $4,455,000,000 in new budget
authority and $4,485,000,000 in outlays.

4b2e8cf8ff7988558c9b9ad01f39bdf8a9f1a8f88bf78430f8bb22bbc7b158c2

5d2ab695927343a965a3fea27a289a43c87012604589c891eab527a6d6e27a67

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 that such payments are in the
public interest.

bdb8d0e00f3968cccaef9fce7ab73cb06e2ea98e29fd0b07aa5b0b915a7917df

TITLE II

-DEPARTMENT OF COMMERCE AND RELATED AGENCIES

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).

881435f79c4311a61dd51c6db3083b2762b2093c24a13fb915fa6a1a7088264f

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.

bfbe6bf507a264e635f3491f0e9bf71ecf916cfe1a6da4ece397bcfd192cdb08

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 of the Census for purposes
relating to the 1990 decennial census of population.

eef7e6323a9c39bfdc1df140ae377093fd03bf8d9eace24bda0a4f29952c90dc

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.

b5fa9f3824f96140b7180063565f00f98afcf2719287f86d2fdd552807b07976

this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
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 procedure set forth in that section.

0e0c24960a791837da2c4ead97d43faa98922b61dcd33b4a466f24b062ca3a37

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.).

ac8713238196ab30568d0d979e31a7211effb7871f73543142a059e75e279416

Working Capital Fund, which shall be available without fiscal year
limitation, for expenses and equipment necessary for the maintenance
and operation of such services and projects as the Director of the
Census Bureau determines may be performed more advantageously when
centralized: Provided, That such central services shall, to the fullest
extent practicable, be used to make unnecessary the maintenance of
separate like services in the divisions and offices of the Bureau:
Provided further, That a separate schedule of expenditures and
reimbursements, and a statement of the current assets and liabilities
of the Working Capital Fund as of the close of the last completed
fiscal year, shall be prepared each year: Provided further, That
notwithstanding 31 U.S.C. 3302, the Working Capital Fund may be
credited with advances and reimbursements from applicable
appropriations of the Bureau and from funds of other agencies or
entities for services furnished pursuant to law: Provided further, That
any inventories, equipment, and other assets pertaining to the services
to be provided by such funds, either on hand or on order, less the
related liabilities or unpaid obligations, and any appropriations made
hereafter for the purpose of providing capital, shall be used to
capitalize the Working Capital Fund: Provided further, That the Working
Capital Fund shall provide for centralized services at rates which will
return in full all expenses of operation, including depreciation of
fund plant and equipment, amortization of automated data processing
software and hardware systems, and an amount necessary to maintain a
reasonable operating reserve as determined by the Director.

60291a3afcf6d1485db803a38e22495f6b0af1af304df5766aeebf70d6600e65

year 1998 may be used by the Department of Commerce to make
irreversible plans or preparation for the use of sampling or any other
statistical method (including any statistical adjustment) in taking the
2000 decennial census of population for purposes of the
appropriationment of Representatives in Congress among the States.

df7dda3b78f04748c9aa273f36ae6bf1d1cb80257db00604a1e4a79dc1d06c2f

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 the following after ``and
not inconsistent with the provisions hereof.''--
``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''.

6e59bd13f3422d28a3355cc0c1183b0942e382bc903187b38061c6e043f24c75

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.

025369d2170a767068ef2797958796a0271c14c886e0a5f30ea91bce3e732ce3

Jonesboro-Paragould, Arkansas Metropolitan Statistical Area in lieu of
the Jonesboro, Arkansas Metropolitan Statistical Area. The Jonesboro-
Paragould, Arkansas Metropolitan Statistical Area shall include both
Craighead County, Arkansas and Greene County, Arkansas, in their
entirety.

32ee42041db80d42cd0009a623f06e6747550cb85e8d7c846aafdd4da2edbbdb

the National Telecommunications and Information Administration
Information Infrastructure Grants program, $10,490,000 is available
until expended: Provided, That this amount shall be offset by
proportionate reductions in appropriations provided for the Department
of Commerce in title II of this Act: Provided further, That no
reductions shall be made from any appropriations made available in this
Act for the National Oceanic and Atmospheric Administration, the
National Institute of Standards and Technology and the National
Telecommunications and Information Administration Public Broadcasting
Facilities, Planning and Construction program.

a1766e42a4bfd15118049f40943c5aa5f8635504106c38493f45f2521107e884

Statement of Purpose.--The purposes of this statement of the sense of
the Senate are to--
(1) protect consumers from the fraudulent transfer of their
phone service provider;
(2) allow the efficient prosecution of phone service
providers who defraud consumers; and
(3) encourage an environment in which consumers can readily
select the telephone service provider which best serves them.
(b) Findings.--The Congress finds the following:
(1) As the telecommunications industry has moved toward
competition in the long distance market, consumers have
increasingly elected to change the company which provides their
long-distance phone service. As many as fifty million consumers
now change their long distance provider annually.
(2) The fluid nature of the long distance market has also
allowed an increasing number of fraudulent transfers to occur.
Such transfers have been termed ``slamming'', which constitutes
any practice that changes a consumer's long distance carrier
without the consumer's knowledge or consent.
(3) Slamming is now the largest single consumer complaint
received by the Common Carrier Bureau of the Federal
Communications Commission. As many as one million consumers are
fraudulently transferred annually to a provider which they have
not chosen.
(4) The increased costs which consumers face as a result of
these fraudulent switches threaten to rob consumers of the
financial benefits created by a competitive marketplace.
(5) The Telecommunications Act of 1996 sought to combat
this problem by directing that any revenues generated by a
fraudulent transfer be payable to the company which the
consumer has expressly chosen, not the fraudulent transferor.
Recently the Federal Communications Commision has exercised its
proper authority to implement this rule. Eliminating the
financial incentive to slam will reduce this problem.
(6) While the Federal Communications Commission has
proposed and promulgated regulations on this subject, the
Commission has not been able to effectively deter the practice
of slamming due to a lack of prosecutorial resources as well as
the difficulty of proving that a provider failed to obtain the
consent of a consumer prior to acquiring that consumer as a new
customer. Commission action to date has not adequately
protected consumers.
(7) The majority of consumers who have been fraudulently
denied the services of their chosen phone service vendor do not
turn to the Federal Communications Commission for assistance.
Indeed, section 258 of the Communications Act of 1934 directs
that State commissions shall be able to enforce regulations
mandating that the consent of a consumer be obtained prior to a
switch of service.
(8) It is essential that Congress provide the Federal
Communications Commission, law enforcement, consumers, and
consumer agencies with the ability to efficiently and
effectively prosecute those companies which slam consumers,
thus providing a deterrent to all other firms which provide
phone services.
(c) Sense of the Senate.--It is the sense of the Senate that--
(1) the Federal Communications Commission should, within 12
months of the date of enactment of this Act, promulgate
regulations, consistent with the Communications Act of 1934
which provide law enforcement officials dispositive evidence
for use in the prosecution of fraudulent transfers of
presubscribed customers of long distance and local service; and
(2) the Senate should examine the issue of slamming and
take appropriate legislative action in the One Hundred Fifth
Congress to better protect consumers from unscrupulous
practices including, but not limited to, mandating the
recording and maintenance of evidence concerning the consent of
the consumer to switch phone vendors, including a requirement
for third-party verification, establishing higher civil fines
for violations, approving the Federal Communications
Commission's exercise of its authority to provide by rule for
slammed consumers to be exempt from any payment requirement,
and establishing a civil right of action against fraudulent
providers, as well as criminal sanctions for repeated and
willful instances of slamming.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1998''.
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve; $28,903,000.
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), $6,170,000, of which
$3,620,000 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, $15,796,000.
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,
$11,478,000.
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
retire 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, $2,789,777,000 (including the purchase of
firearms and ammunition); of which not to exceed $16,530,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
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.
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); $308,000,000, to remain
available until expended as authorized by 18 U.S.C. 3006A(i): Provided,
That the annual incremental cost of each capital representation shall
not exceed $63,000: Provided further, That if the annual incremental
cost of any capital representation exceeds $63,000, the costs in excess
of $63,000 shall be paid equally out of funds appropriated or otherwise
made available to the administrative units supporting the prosecutor
and presiding judge.
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)); $68,252,000, 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); $167,883,000, of which not to exceed
$26,962,000 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, $53,843,000, 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, $9,480,000, of which not
to exceed $1,000 is authorized for official reception and
representation expenses.
General Provisions--The Judiciary

a13c5a29e2db52713c428b759745eeeed5f986192a0b38bcbf0ff61886681f5f

which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.

b572b7db6e3b7df11f7f99915c5f5a4768e08727e580901e9ddff2317869fb60

TITLE III

-THE JUDICIARY

available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and other Judicial Services, Fees of 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.

30a8849de9857598046ccb61f2a10c89b7a9d13483f17e2b1799c06c6788ab0e

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.

0459f22b760a1ded90586e01a34d1572a3e365e29a9edf90a40db597301428d4

eaec3551f16e15ce79e7a6d47b5c4fb6b1597433fbe5a65da7fe289630ad5d8b

``Ninth Circuit Court of Appeals Reorganization Act of 1997''.
(b) Number and Composition of Circuits.--Section 41 of title 28,
United States Code, is amended--
(1) in the matter before the table, by striking
``thirteen'' and inserting ``fourteen'';
(2) in the table, by striking the item relating to the
ninth circuit and inserting the following new item:
``Ninth........................
California, Nevada.'';
and
(3) between the last 2 items of the table, by inserting the
following new item:
``Twelfth......................
Alaska, Arizona, Guam, Hawaii,
Idaho, Montana,
Northern Mariana
Islands, Oregon,
Washington.''.
(c) Number of Circuit Judges.--The table in section 44(a) of title
28, United States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
``Ninth........................................................   15'';
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth......................................................   13''.
(d) Places of Circuit Court.--The table in section 48 of title 28,
United States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following new item:
``Ninth........................
San Francisco, Los Angeles.'';
and
(2) by inserting between the last 2 items at the end
thereof the following new item:
``Twelfth......................
Portland, Seattle, Phoenix.''.
(e) Assignment of Circuit Judges and Clerks of the Court.--Each
circuit judge in regular active service of the former ninth circuit
whose official station on the day before the effective date of this
section--
(1) is in California or Nevada is assigned as a circuit
judge on the new ninth circuit;
(2) is in Alaska, Arizona, Guam, Hawaii, Idaho, Montana,
Northern Mariana Islands, Oregon or Washington is assigned as a
circuit judge on the twelfth circuit; and
(3) two co-equal clerks of the court for the twelfth
circuit shall be located in two co-equal circuit seats which
shall be located in Phoenix, Arizona, and Seattle, Washington,
respectively.
(f) Election of Assignment by Senior Judges.--Each judge who is a
senior judge of the former ninth circuit on the day before the
effective date of this section may elect to be assigned to the new
ninth circuit or to the twelfth circuit and shall notify the Director
of the Administrative Office of the United States Courts of such
election.
(g) Seniority of Judges.--The seniority of each judge--
(1) who is assigned under subsection (e); or
(2) who elects to be assigned under subsection (f); shall
run from the date of commission of such judge as a judge of the
former ninth circuit.
(h) Application to Cases.--The provisions of the following
paragraphs of this subsection apply to any case in which, on the day
before the effective date of this section, an appeal or other
proceeding has been filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this section had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which it
would have gone had this section been in full force and effect
at the time such appeal was taken or other proceeding
commenced, and further proceedings in respect of the case shall
be had in the same manner and with the same effect as if the
appeal or other proceeding had been filed in such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this
section, or submitted before the effective date of this section
and decided on or after the effective date as provided in
paragraph (1) of this subsection, shall be treated in the same
manner and with the same effect as though this section had not
been enacted. If a petition for rehearing en banc is granted,
the matter shall be reheard by a court comprised as though this
section had not been enacted.
(i) Definitions.--For the purposes of this section, the term--
(1) ``former ninth circuit'' means the ninth judicial
circuit of the United States as in existence on the day before
the effective date of this section;
(2) ``new ninth circuit'' means the ninth judicial circuit
of the United States established by the amendment made by
subsection (b)(2);
(3) ``twelfth circuit'' means the twelfth judicial circuit
of the United States established by the amendment made by
subsection (b)(3).
(j) Administration.--The court of appeals for the ninth circuit as
constituted on the day before the effective date of this section may
take such administrative action as may be required to carry out this
section. Such court shall cease to exist for administrative purposes on
July 1, 1999.
(k) Effective Date.--This section and the amendments made by this
section shall become effective on October 1, 1997.

eee00f967ec93d777c828448a8bb111994af4b540c39736876a36f1f194a85a3

judges of the United States are authorized during fiscal year 1998, to
receive a salary adjustment in accordance with 28 U.S.C. 461.

1e0abc8dc8f5299e302e7d1c4387512ef5cfeef4323cb40e01335685e9f36f27

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.''.
This title may be cited as ``The Judiciary Appropriations Act,
1998''.
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; $1,727,868,000: 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 of the amount made available under this
heading, not to exceed $125,000 shall be available only for the Maui
Pacific Center: Provided further, That notwithstanding section
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), fees may be collected during fiscal year 1998 and each fiscal
year thereafter under the authority of section 140(a)(1) of that Act:
Provided further, That all fees collected under the preceding proviso
shall be deposited as an offsetting collection to appropriations made
under this heading to recover the costs of providing consular services
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); and 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.
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,
$105,000,000, 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 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), $4,100,000.
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), and 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), $420,281,000, 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 (93 Stat. 14), $14,490,000.
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 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, $957,009,000, of
which not to exceed $54,000,000 shall remain available until expended
for payment of arreages owed the United Nations: Provided, 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 none of the funds
appropriated or otherwise made available by this Act for
``Contributions to International Organizations'', including payment of
arrearages owed to the United Nations, may be obligated or expended
unless such obligation or expenditure is expressly authorized by the
enactment of the Foreign Affairs Reform and Restructuring Act of 1997:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $10,000,000 may be transferred from the funds made available
under this heading to the ``International Conferences and
Contingencies'' account for assessed contributions to new or
provisional international organizations or for travel expenses of
official delegates to international conferences: Provided further, 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.
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 $200,320,000, 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 ``Contributions for
International Peacekeeping Activities'', including payment of
arrearages, may be obligated or expended unless such obligation or
expenditure is expressly authorized by the enactment of the Foreign
Affairs Reform and Restructuring Act of 1997.
International Commissions
For necessary 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 $10,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $18,200,000.
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;
$5,010,000, of which not to exceed $9,900 shall be available for
representation expenses incurred by the International Joint Commission:
Provided, That of the amount made available under this heading, not to
exceed $40,000 shall be available only for the Bering Straits
Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, $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, $5,000,000, 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)).
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, $32,613,000 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.).
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
student advising and counseling: 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 Plan No. 2 of 1977 (91
Stat. 1636), $10,000,000, 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), $200,000,000, 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 $500,000, 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. 1475a).
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;
$339,655,000, of which not to exceed $10,000,000 shall be available
only on a dollar-for-dollar basis when matched with the proceeds of
sales of advertising air time, of which 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 expenses of Radio Free
Europe/Radio Liberty; and in addition, not to exceed $250,000 from fees
as authorized by section 810 of such Act of 1948 (22 U.S.C. 1475e), to
remain available until expended for carrying out authorized purposes;
and in addition, notwithstanding any other provision of law, not to
exceed $1,000,000 in monies received (including receipts from
advertising, if any) by or for the use of the United States Information
Agency from or in connection with broadcasting resources owned by or on
behalf of the Agency, to be 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), $32,710,000, 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, $22,000,000:
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, $3,000,000, to remain
available until expended.
General Provisions--Department of State and Related Agencies

1a7bcb2ec63cd29a1305f2e5a5d34e29c0e1ff03537febbeb6c6c7e829f5914f

except as otherwise provided for allowances and differentials as
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by
5 U.S.C. 3109; and hire of passenger transportation pursuant to 31
U.S.C. 1343(b).

4edb9a5980dd01e9049d607c4edc8814d3bb490b72c52b3352e9fecab8725b83

TITLE IV

-DEPARTMENT OF STATE AND RELATED AGENCIES

available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriations, 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.

d1f9df9761c9538f5027b0e2cd10cd7bf7647a64d5c24e02d0fa3908a5bfc36b

under this Act or any other Act may be expended for compensation of the
United States Commissioner of the International Boundary Commission,
United States and Canada, only for actual hours worked by such
Commissioner.

a6ad5ce14083944935e9f86828a1d99f193ff1031f3243ace77133670a17840e

this title resulting from personnel actions taken in response to
funding reductions included in this title shall be absorbed within the
total budgetary resources available to such Department or agency:
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.

dd52fac089b25bc18729468e042b6e99b85eb39b031bdad677c8a54284c2772a

available by this Act or any other Act for fiscal year 1998 or any
fiscal year thereafter may be obligated or expended to pay for any cost
incurred in--
(1) opening or operating any United States 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 as of
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 in excess of the total number of personnel
assigned to the posts as of July 11, 1995, unless the President
certifies within 60 days of the beginning of each fiscal year
the following:
(A) Based upon a formal assessment of all
information available to the United States Government,
the Government of the Socialist Republic of Vietnam is
fully cooperating 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.

41865fd7a876016fad7905e0a37bd5aacc6058ae1d5ac9eb368c9f0e6f5d9706

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.
(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--
(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 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.

9b8eca7253ab0f9cf0eff19e68572ca9f9307e8c4473ae86a4a962faf4c23a53

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. The language on page
115, line 20 to wit, ``$105,000,000'' is deemed to be ``$75,000,000''.
This shall become effective one day after enactment of this Act.

b2dd126211009d6b3b5812adc85f48f55d6bc3f697ae3d1d58f863c698c53a9a

John H.R. Berg to the United States. (a) Findings.--
(1) John H.R. Berg began his service to the United States
Government working for the United States Army at the age of
fifteen after fleeing Nazi persecution in Germany where his
father died in the Auschwitz concentration camp; and
(2) John H.R. Berg's dedication to the United States
Government was further exhibited by his desire to become a
United States citizen, a goal that was achieved in 1981, 35
years after he began his commendable service to the United
States; and
(3) Since 1949, John H.R. Berg has been employed by the
United States Embassy in Paris where he is currently the Chief
of the Visitor's and Travel Unit. And, this year has supported
over 10,700 official visitors, 500 conferences, and over 15,000
official and unofficial reservations; and
(4) John H.R. Berg's reputation for ``accomplishing the
impossible'' through his dedication, efficiency and knowledge
has become legend in the Foreign Service; and
(5) John H.R. Berg has just completed 50 years of
outstanding service to the United States Government with the
United States Department of State.
(b) Sense of Senate.--Therefore it is the sense of the Senate that
John H.R. Berg deserves the highest praise from the Congress for his
steadfast devotion, caring leadership, and lifetime of service to the
United States Government.

2996552dc4b36bd3fc63574b28e8606e09afe278a6a8605f3e6b29c6cedd45f8

1999 Women's World Cup Organizing Committee cultural exchange and
exchange related activities associated with the 1999 Women's World Cup.

da9e0089c9f474de456bc590936a7673dabbac656def7b4db67e76b9f4e1764b

amount for the Department of State ``capital investment fund'' shall be
$105,000,000.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1998''.
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,
$135,000,000, 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, $35,000,000, to remain available until expended: Provided, That
these funds will be available only upon enactment of an authorization
for this program.
operations and training
For necessary expenses of operations and training activities
authorized by law, $69,000,000: Provided, That reimbursements may be
made to this appropriation from receipts to the ``Federal 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, $29,000,000, 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 $4,000,000, 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, $206,000, as authorized by Public Law 99-83, section
1303.
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.
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; 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 sixteen) and hire
of motor vehicles; special counsel fees; and services as authorized by
5 U.S.C. 3109; $185,949,000, of which not to exceed $300,000 shall
remain available until September 30, 1998, 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 $23,426,000: Provided further, That any
offsetting collections received in excess of $162,523,000 in fiscal
year 1998 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 of 1936, as
amended (46 App. U.S.C. 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. 5901-02; $14,300,000: 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; $108,000,000: 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 1997, so as to result in a final fiscal year 1997 appropriation
from the General Fund estimated at not more than $28,000,000, to remain
available until expended: that not more than $10,000,000 shall be
available from prior year unobligated fee collections: 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): Provided further, That, for a period
of one year, none of the funds made available to the Federal Trade
Commission shall be spent on an administrative proceeding concerning
the merger of two hospitals where the Commission has already sought
injunctive relief under 15 U.S.C. 53(b), and prior to July 9, 1997, a
Court of Appeals has affirmed the denial of the injunctive relief
requested by the Commission unless further review overturns the
decision by the court of appeals.
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,
$300,000,000, of which $273,070,000 is for basic field programs and
required independent audits; $2,019,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; $7,911,000 is for management
and administration; and $17,000,000, to remain available until
expended, is for pro se legal education demonstration projects.
administrative provisions--legal services corporation

ab57805265d08fe162c0f6099527e106cc0eddec789c26f312adb28b6e372dd5

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 Noncompetitive Procedures.--For purposes of
the funding provided in this Act, rights under sections 1007(a)(9) and
1011 of the Legal Services Corporation Act (42 U.S.C. 2996f(a)(9) and
42 U.S.C. 2996j) shall not apply.
(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 Legal Services Corporation regulations, the Legal Services
Corporation finds, after notice and an opportunity for a hearing to the
recipient, 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 Legal
Services Corporation, the Legal Services 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
grant or contract of the recipient.

c10160fa964f779a5da063ed2ef9a3e95558c6db5e0c804f9a8f62f187d1de64

TITLE V

-RELATED AGENCIES

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 (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, 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.

3df0b53dba4e6991ca875ca013bd2872baf52b441c6c56400019a0848d9e2f20

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).

52ff2a13a74b555e19b173bcd9d617e6a7e56c69e11b2580d89460f3ec9b1865

a recipient, on a showing of good cause, from receiving an additional
award of financial assistance from the Legal Services Corporation. Any
such action to debar a recipient shall be instituted after the Legal
Services Corporation provides notice and an opportunity for a hearing
to the recipient. The decision regarding the debarment shall not be
subject to Section 1011 of the Legal Services Corporation Act (42
U.S.C. 2996j).
(b) The Legal Services Corporation shall promulgate regulations to
implement this section.
(c) 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 the date of the debarment
decision;
(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 the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996, section 502(a)(2) of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1997, or section 502(a)(2)
of this title;
(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 Legal Services Corporation, or any agency or
employee of a federal, state, or local government, as a
defendant.
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, $1,240,000.
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: Provided,
That funds made available for this purpose shall be taken from funds
made available on page 22, line 16.
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, $285,412,000, 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 section 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 collections are deposited to this
appropriation so as to result in a final total fiscal year 1998
appropriation from the General Fund estimated at no more than
$35,889,000.
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, $246,100,000, of which $16,500,000 shall be
available to fund technical assistance grants in fiscal year 1998 as
authorized by section 7(m) of the Small Business Act, as amended:
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 1997 or fiscal year 1998 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),
$10,600,000.
business loans program account
For the cost of guaranteed loans, $181,232,000, as authorized by 15
U.S.C. 631 note: 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.
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 administrative expenses to carry out the direct loan program,
as authorized by section 7(b) of the Small Business Act, as amended,
$173,200,000, 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
may be transferred to and merged with appropriations for Salaries and
Expenses and Office of Inspector General.
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

657b8c956bffdb322e9114cbdb9c0137be6c2eb58c26fa04672b5dfca0aa6390

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 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.
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)), $13,550,000, to remain
available until expended: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.

adf40e9a2024064e89e683d6561e04aecd3f8e50b7658f18946ae080a07324aa

be used for publicity or propaganda purposes not authorized by the
Congress.

31f9b22b03d0bdca74dcd887a4559147afb91d59b030a9fed7240f0989edcabb

TITLE VI

-GENERAL PROVISIONS

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

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.

54bb20f7c779c6a63f826c7eb96d1c857c57b618f3b7db77c9de1abdb665cda0

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.

2f1434e3f8b117f3ac05e99153663ad3873def5625e73c36b734ff96a31f811b

provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 1997, 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 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 fifteen 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 1997, 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 fifteen days in advance of such reprogramming of funds.

efa114752f22361e7b84815850b8505db529796b540c377587a78d0a2cefcf46

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.

5769219e019f7f8a0561c69463b5f5bbbb8bdd204d29e6e552d68e749fcc4414

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.

6ea89cb4bce4629e20ea8fe8c12cc88e4769ae68a5a08f9a22a92ae01b9a7bca

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).

ec97f60fe1b28e5479dd43305f39ba0f6f5a80c8aaf1b5a0e7aea3a01807e91b

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.

5df3c81ac4be4999de20529566328deef91fc460c80eae9b8561772e72b4e0b7

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.

6fb2336312d335857353d1704c803cf6fa99e84454fa8da0abbe87f6bd7209af

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.

bf360753efbb22de8e083db7deb68106472fb175b65dacc7770452e85e4ef46d

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; chapter 586; 47
U.S.C. 17), is repealed.

059cc93304351b44dc779b7573b22d0185b52dc1375451dba5759b373e8232d4

Involved in Extrajudicial and Political Killings in Haiti. (a) Grounds
for Exclusion.--None of the funds appropriated or otherwise made
available in this Act shall be used to issue visas to any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-Hubert
Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon
by President Rene Preval;
(3) was a member of the Haitian presidential security unit
who has been credibly alleged to have ordered, carried out, or
materially assisted in the extrajudicial and political killings
of Pastor Antoine Leroy and Jacques Fleurival, or who was
suspended by President Preval for his involvement in or
knowledge of the Leroy and Fleurival killings on August 20,
1996;
(4) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr.,
and was credibly alleged to have ordered, carried out, or
materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(5) 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
(6) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned, ordered,
or participated in acts of violence against the Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the Secretary of
State finds, on a case-by-case basis, that the entry into the United
States of a person who would otherwise be excluded under this section
is necessary for medical reasons or such person has cooperated fully
with the investigation of these political murders. If the Secretary of
State exempts any such person, the Secretary shall notify the
appropriate congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of mission
in Haiti shall provide the Secretary of State a list of those who have
been credibly alleged to have ordered or carried out the extrajudicial
and political killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later
than 3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the
Attorney General shall submit to the appropriate congressional
committees a list of aliens refused entry to the United States as a
result of this provision.
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment 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 of the House of Representatives and the Committee on Foreign
Relations of the Senate.

7d835fe1ec0e755e4729869567c928d4316a8ad4b5020974dc5263585551af46

Not Manipulate Universal Service Support Payments to Balance the
Federal Budget. (a) Findings.--The Congress finds that--
(1) it reaffirmed the importance of universal service
support for telecommunications services by passing the
Telecommunications Act of 1996;
(2) the Telecommunications Act of 1996 required the Federal
Communications Commission to preserve and advance universal
service based on the following principles:
(A) Quality services should be available at just,
reasonable, and affordable rates.
(B) Access to advanced telecommunications and
information services should be provided in all regions
of the Nation.
(C) Consumers in all regions of the Nation,
including low-income consumers and those in rural,
insular, and high cost areas, should have access to
telecommunications and information services, including
interexchange services and advanced telecommunications
and information services, that are reasonably
comparable to those services provided in urban areas
and that are available at rates that are reasonably
comparable to rates charged for similar services.
(D) All providers of telecommunications services
should make an equitable and nondiscriminatory
contribution to the preservation and advancement of
universal service.
(E) There should be specific, predictable, and
sufficient Federal and State mechanisms to preserve and
advance universal service.
(F) Elementary and secondary schools and
classrooms, health care providers, and libraries should
have access to advanced telecommunications services.
(3) Federal and State universal contributions are
administered by an independent, non-Federal entity and are not
deposited into the Federal Treasury and therefore not available
for Federal appropriations.
(4) The Conference Committee on the Balanced Budget
Reconciliation Act of 1997, is considering proposals that would
withhold Federal universal service funds in the year 2002.
(5) The withholding of billions of dollars of universal
service support payments may result in temporary rate increases
in rural and high cost areas and may delay qualifying schools,
libraries, and rural health facilities discounts directed under
the Telecommunications Act of 1996.
(b) Sense of the Senate.--Therefore, it is 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 to achieve Federal budget savings.

b3f9cc18e363a0b08f5fa1e90e57ef2711f4242aadf71948c7c5e74fcd57c17a

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.

be7ce15271f3f1528b0748c388d4d587b08b26d178a45ae03e0674d26d8db472

(1) conduct a study to determine the estimated number of
individuals who were unable to obtain assistance from its
grantees as a result of the enactment of section 504(a)(16) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996 (Public Law 104-
134; 110 Stat. 1321-55), during the six month period commencing
with the enactment of this Act; and
(2) not later than 30 days thereafter, submit to Congress a
report describing the results of the study conducted under
paragraph (1).
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading on
September 30, 1997, $30,310,000 are rescinded.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
1998''.
Attest:
Secretary.
105th CONGRESS
1st Session
H. R. 2267
_______________________________________________________________________
AMENDMENT
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HR 2267 EAS----5
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HR 2267 EAS----8
HR 2267 EAS----9
HR 2267 EAS----10
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HR 2267 EAS----12
HR 2267 EAS----13
HR 2267 EAS----14
HR 2267 EAS----15

a3bc40695f3ef0737e2bf20e426f446523fd55afb0bbd88e69fa83fbe85f4bce

Commerce Department FY98 Appropriations bill

Other Sections