Justice Department FY98 Appropriations bill

(On June 25, 1998, the Supreme Court ruled that the Line Item Veto Act (Public Law 104-130) is unconstitutional, thus restoring provisions that had been cancelled as summarized below.)

(On December 2, 1997, the President exercised his line item veto authority to cancel $5 million in discretionary budget authority for one item included in this Act: a cooperative agreement with Montana State University for a research program on green buildings out of funds provided for the National Institute of Standards and Technology. The following revised digest summarizes the enacted version of H.R. 2267 as modified by line item veto.) (Note: The high degree of specificity of the item cancelled precluded its inclusion in the original law's summary. As a result, the original law's summary and the summary of the law after the item veto are identical. For more information on the specific item vetoed, see the text of the conference report for H.R. 2267, H. Rept. 105-405, and Presidential Cancellation Number 97-82.))

TABLE OF CONTENTS:

Title I: Department of Justice

Title II: Department of Commerce and Related Agencies

Title III: The Judiciary

Title IV: Department of State and Related Agencies

Title V: Related Agencies

Title VI: General Provisions

Title VII: Rescissions

Title VIII: Emergency Supplemental Appropriations

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

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

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

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

(Sec. 109) Amends the Victims of Crime Act of 1984 to eliminate provisions that make the Crime Victims Fund available for judicial branch administrative costs. Authorizes the use of unobligated sums for such costs by the Director of the Office for Victims of Crime to improve services for the benefit of crime victims.

(Sec. 110) Amends the Immigration and Nationality Act of 1952 (INA) to eliminate provisions establishing the Immigration Detention Account.

(Sec. 111) Establishes additional eligibility requirements for aliens seeking adjustment to permanent resident status to require them to be beneficiaries of petitions for classification of immigrant status or applications for labor certifications filed before January 14, 1998.

Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 to repeal the sunset on the INA provision (Section 245 (i)) authorizing adjustment of the status of certain aliens to permanent resident.

Extends eligibility for adjustment to permanent resident status to certain aliens eligible to receive immigrant visas who: (1) are present in the United States pursuant to a lawful admission on the application filing date; and (2) have not, for an aggregate period exceeding 180 days, failed to maintain a continuous lawful status, engaged in unauthorized employment, or otherwise violated the terms and conditions of admission.

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

(Sec. 113) Amends the INA to modify the definition of "special immigrant," with respect to aliens dependent on the juvenile courts, to authorize such status only with the express consent of the Attorney General to the dependency order serving as a precondition to the granting of special immigrant juvenile status. Provides that no juvenile court has jurisdiction to determine the custody status or placement of such aliens in the custody of the Attorney General unless the Attorney General consents to such jurisdiction.

(Sec. 115) Amends the Violent Crime Control and Law Enforcement Act of 1994 to repeal a requirement that a person required to register as a sex offender do so with a designated State law enforcement agency.

Requires that a determination of whether a person is a sexually violent predator be made by a court after considering the recommendation of a board composed of experts in the behavior and treatment of sex offenders, victims' rights advocates, and representatives of law enforcement agencies.

Authorizes the Attorney General to: (1) waive such requirement upon determining that the State has established alternative procedures or legal standards for designating a person as a sexually violent predator; and (2) approve alternative measures of comparable or greater effectiveness in protecting the public from unusually dangerous or recidivistic sexual offenders.

Modifies requirements regarding release, parole, supervised release, and probation of such persons to require specified actions by the court or another responsible officer or official, including reporting address changes as provided by State law. Directs the court or such officer or official to inform the person that: (1) if the person changes residence to another State, the person must report the change of address as provided by State law and comply with any registration requirement in the new State of residence; and (2) the person must also register in a State where the person is employed, carries on a vocation, or is a student.

Revises registration procedures to require that State procedures ensure that: (1) the registration information is promptly made available to a law enforcement agency having jurisdiction where the person expects to reside and is promptly entered into the appropriate State records or data system; (2) conviction data and fingerprints for persons required to register are promptly transmitted to the FBI; (3) the address for persons required to register be verified at least annually; (4) updated address information is promptly made available to a law enforcement agency having jurisdiction where the person will reside and is promptly entered into the appropriate State records or data system; and (5) procedures are in place to accept registration information from persons who were convicted in another State, convicted of a Federal offense, or sentenced by a court martial, and from nonresident offenders who have crossed into another State to work or attend school.

Directs States to participate in the national sex offender registry database in accordance with guidelines issued by the Attorney General.

Includes independent contractors acting at the direction of law enforcement agencies within the scope of provisions granting immunity for good faith conduct.

Amends the Pam Lychner Sexual Offender Tracking and Identification Act of 1996 to: (1) direct that States be allowed a specified time frame to establish minimally sufficient sexual offender registration programs; and (2) make related Violent Crime Control and Law Enforcement Act of 1994 provisions effective at the conclusion of such time frame.

Extends registration requirements to sex offenders convicted in Federal or military courts. Requires such offenders to register in accordance with the laws of the States in which they reside. Requires Federal and military authorities to ensure that such offenders are notified of the registration obligation.

Authorizes the Attorney General to protect the confidentiality of the identity and location of persons subject to registration requirements as convicted offenders under Federal or State law, including prescribing alternative procedures to those otherwise provided by Federal or State law for registration and tracking of such persons.

Expresses the sense of the Congress that each State should have in effect a law that makes it a crime to stalk any individual, especially children, without requiring that such individual be physically harmed or abducted before a stalker is restrained or punished.

Grants States three years from the date of enactment to implement amendments made by this Act which impose new requirements, with two-year extensions authorized for States making good faith efforts to implement such amendments.

(Sec. 116) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to increase the number of visas set aside under a specified pilot program for immigrants seeking to enter the United States for purposes of engaging in a new commercial enterprise. Extends such program.

(Sec. 117) Requires the Attorney General to provide a magnetometer and guards at specified real property leased to the Federal Government in Albuquerque, New Mexico.

(Sec. 118) Amends the Federal Property and Administrative Services Act of 1949 to authorize the transfer of surplus Government property required for correctional facility use as needed by States, localities, and territories for law enforcement or emergency management response purposes.

(Sec. 121) Directs the Attorney General to submit to the Congress a plan to require sex offenders, prior to release from Federal custody following a conviction for a criminal offense against a minor or a sexually violent offense, to provide DNA samples to the appropriate law enforcement agency for inclusion in a national law enforcement DNA database.

(Sec. 122) Authorizes the FBI Director, for a three-year period and with the approval of the Attorney General, to establish a personnel management system providing for the compensation and performance management of up to 3,000 non-special agent employees to fill specified critical positions. Sets forth reporting and evaluation requirements with respect to such system.

Grants the Secretary of the Treasury the same authority provided to the Office of Personnel Management to establish three-year demonstration projects to fill specified critical positions.

(Sec. 123) Authorizes the court to postpone the effective date of an automatic stay of prospective relief subject to a pending motion to modify or terminate relief in civil actions regarding prison conditions for up to 60 days for good cause.

(Sec. 125) Amends the INA to extend the visa waiver pilot program for certain visitors through April 30, 1998.

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

Rescinds specified amounts of funds for NOAA operations, research, and facilities and for salaries and expenses of the U.S. Travel and Tourism Administration.

Sets forth authorized uses of, and limitations on, funds appropriated under this title.

(Sec. 209) Permits persons aggrieved by the use of any statistical method (including sampling) in violation of the Constitution or any provision of law (other than this Act) in connection with the 2000 or a subsequent decennial census to obtain relief in a civil action against the use of such method.

Declares that it shall be the duty of a district court hearing an action under this section and the Supreme Court to advance on the docket and expedite the disposition of any such matter.

Permits executive branch agencies authorized to carry out a census to obtain a declaratory judgment respecting whether or not the use of a statistical method to determine the population for purposes of apportionment or redistricting of Members in Congress is forbidden by the Constitution and U.S. law.

Authorizes the Speaker of the House of Representatives to commence or join in a civil action to prevent the use of any statistical method in connection with the decennial census.

Requires funds appropriated for the 2000 census to be used by the Census Bureau to plan, test, and become prepared to implement a census without using statistical methods. Sets forth provisions regarding public availability of information relating to the number of persons enumerated.

(Sec. 210) Establishes the Census Monitoring Board to monitor the preparation and implementation of the 2000 decennial census. Requires the Board to make reports to the Congress and to make recommendations as to the feasibility of using postal personnel or private contractors to help carry out the census.

Authorizes appropriations.

Prohibits specified individuals from serving on, or entering into contracts with, the Board.

Title III: The Judiciary - Judiciary Appropriations Act, 1998 - Makes appropriations for: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) violent crime reduction programs; (6) defender services; (7) fees of jurors and commissioners; (8) court security; (9) the Administrative Office of the U.S. Courts; (10) the Federal Judicial Center; (11) judicial retirement funds; and (12) the U.S. Sentencing Commission.

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

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

(Sec. 305) Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal Court of Appeals system, with particular reference to the ninth circuit; and (3) report to the President and the Congress recommendations for changes in circuit boundaries or structure for the expeditious disposition of the caseload of such courts.

Authorizes appropriations.

(Sec. 306) Authorizes U.S. judges and justices to receive a salary adjustment during FY 1998. Makes appropriations for such purposes.

(Sec. 308) Amends the Federal criminal code to require public disclosure of amounts paid to court-appointed attorneys upon the court's approval of such payment. Allows limited disclosure of such fees in appropriate cases in order to protect a defendant.

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

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

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

Rescinds a specified amount of funds for the Arms Control and Disarmament Agency.

Appropriates funds for the U.S. Information Agency for: (1) international information programs; (2) information technology improvements; (3) educational and cultural exchanges; (4) the Eisenhower Exchange Fellowships, Incorporated; (5) the Israeli Arab Scholarship Program; (6) international broadcasting, including broadcasting to Cuba; (7) radio construction; (8) the Center for Cultural and Technical Interchange Between East and West; (9) the North-South Center; and (10) the National Endowment for Democracy.

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

(Sec. 404) Transfers specified funds for purposes of implementing the International Cooperative Administrative Support Services program.

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

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

(Sec. 505) Requires the Legal Services Corporation to implement a system of case information disclosure which shall apply to all basic field programs which receive funds from the Corporation from funds appropriated in this Act.

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

(Sec. 607) Sets forth Buy American provisions.

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

(Sec. 609) Bars funds made available by this Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding recovery and analysis of American remains, accounting for prisoners-of-war and individuals missing in action, and investigations in Laos.

(Sec. 610) Prohibits the use of funds made available by this Act for any United Nations undertaking when: (1) such undertaking is a peacekeeping mission; (2) such undertaking will involve U.S. armed forces under the control of a foreign national; and (3) the President's military advisors have not submitted to the President a recommendation that such involvement is in the national security interests and the President has not submitted such recommendation to the Congress.

(Sec. 617) Authorizes the court, in any criminal case (other than one in which the defendant is represented by assigned counsel paid for by the public) pending on or after this Act's enactment date, to award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the U.S. position was vexatious, frivolous, or in bad faith, unless special circumstances make such award unjust.

(Sec. 618) Makes funds provided by this Act unavailable to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on the marketing of such products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 619) Prohibits the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee the election of any officer or trustee for the International Brotherhood of Teamsters.

(Sec. 621) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings.

(Sec. 622) Repeals provisions of the Balanced Budget Act of 1997 which appropriate funds for Federal universal service support programs.

(Sec. 623) Requires the FCC to review and report on the implementation of universal service provisions of the Telecommunications Act of 1996.

(Sec. 628) Directs the Secretary of Agriculture to afford a named individual relief for wrongful dismissal from the Department of Agriculture during a reduction in force, notwithstanding such individual's failure to file a timely appeal.

(Sec. 632) Requires the Secretary of Energy to convey certain Federal land to Los Alamos County, New Mexico, and to the Secretary of the Interior in trust for the Pueblo of San Ildefonso for purposes of preservation, community self-sufficiency, or economic diversification. Declares that the purpose of such conveyance is to fulfill U.S. obligations with respect to the Los Alamos National Laboratory under the Atomic Energy Community Act of 1955.

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

Title VIII: Emergency Supplemental Appropriations - Makes additional funds available for NOAA operations, research, and facilities for disaster assistance for the Bristol Bay and Kuskokwim areas of Alaska. Makes such amount available only to the extent that the Secretary of Commerce transmits a determination that there is a commercial fishery failure.