AMENDING COMMUNICATIONS ACT OF 1934
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AMENDING COMMUNICATIONS ACT OF 1934
(House of Representatives - November 13, 1997)
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AMENDING COMMUNICATIONS ACT OF 1934
Mr. BLILEY. Madam Speaker, I move to suspend the rules and pass the
Senate bill (
S. 1354) to amend the Communications Act of 1934 to
provide for the designation of common carriers not subject to the
jurisdiction of a State commission as eligible telecommunications
carriers.
The Clerk read as follows:
S. 1354
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF COMMUNICATIONS ACT OF 1934.
Section 214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)) is amended--
(1) by striking ``(2) or (3)'' in paragraph (1) and
inserting ``(2), (3), or (6)'';
(2) by striking ``interstate services,'' in paragraph (3)
and inserting ``interstate services or an area served by a
common carrier to which paragraph (6) applies,'';
(3) by inserting ``(or the Commission in the case of a
common carrier designated under paragraph (6))'' in paragraph
(4) after ``State commission'' each place such term appears;
(4) by inserting ``(or the Commission under paragraph
(6))'' in paragraph (5) after ``State commission''; and
(5) by inserting after paragraph (5) the following:
``(6) Common carriers not subject to state commission
jurisdiction.--In the case of a common carrier providing
telephone exchange service and exchange access that is not
subject to the jurisdiction of a State commission, the
Commission shall upon request designate such a common carrier
that meets the requirements of paragraph (1) as an eligible
telecommunications carrier for a service area designated by
the Commission consistent with applicable federal and State
law. Upon request and consistent with the public interest,
convenience and necessity, the Commission may, with respect
to an area served by a rural telephone company, and shall, in
the case of all other areas, designate more than one common
carrier as an eligible telecommunications carrier for a
service area designated under this paragraph, so long as each
additional requesting carrier meets the requirements of
paragraph (1). Before designating an additional eligible
telecommunications carrier for an area served by a rural
telephone company, the Commission shall find that the
designation is in the public interest.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia [Mr. Bliley] and the gentleman from Massachusetts [Mr. Markey]
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia [Mr. Bliley].
General Leave
Mr. BLILEY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on
S. 1354.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of
S. 1354.
S. 1354 was brought to
the Committee on Commerce's attention by the gentleman from Arizona
[Mr. Hayworth]. He informed the committee that a technical amendment to
the Communications Act was necessary to avoid local telephone rate
increases in certain parts of the Nation. The committee has reviewed
the bill and agrees that action by the House is necessary at this time.
Under the current universal service provisions of the Communications
Act, only common carriers designated by the States are eligible to
receive Federal universal service support. Unfortunately, this policy
ignores the fact that some common carriers providing service today are
not subject to the jurisdiction of a State commission; most
[[Page
H10808]]
notably, some carriers owned or controlled by native Americans. Thus,
many of these common carriers may lose Federal support on January 1,
1998, unless Congress takes action.
S. 1354 corrects this problem by permitting a common carrier that is
not subject to State authority to be designated by the Federal
Communications Commission as eligible to receive Federal universal
service support.
S. 1354 will apply to only a limited number of
carriers, but to these carriers' customers, its impacts will be
significant.
It should be noted that nothing in this bill is intended to restrict
or expand the existing jurisdiction of State commissions over any
common carrier. Such determinations are outside the scope of this
legislation.
I thank the gentleman from Arizona [Mr. Hayworth] for his thoughtful
action on this matter and for working with the gentleman from South
Dakota [Mr. Thune]. I also thank the Members of the other body for
taking action on this important matter. I ask that all Members support
passage of
S. 1354.
Madam Speaker, I yield such time as he may consume to the gentleman
from Arizona [Mr. Hayworth].
Mr. HAYWORTH. Madam Speaker, I would like to thank my colleague from
Virginia, the distinguished chairman of the Committee on Commerce [Mr.
Bliley] for his consideration and cooperation in this regard.
Madam Speaker, I rise in strong support of
S. 1354, and I would be
remiss if I did not also take this time to thank the ranking minority
member of the Committee on Commerce, the gentleman from Michigan [Mr.
Dingell], for his help as well.
Madam Speaker, it is safe to say this is a good bipartisan bill. This
legislation was sponsored in the other body by my colleague from
Arizona Senator McCain, and I would like to publicly thank our senior
Senator for his hard work on this issue.
Madam Speaker, as the chairman mentioned, this bill corrects a
technical glitch in section 214(e) of the Communications Act of 1934
that has created a serious problem for certain telecom carriers,
particularly some Indian tribes. The current language in section 214(e)
does not account for the fact that State commissions in some States
have no jurisdiction over certain carriers. Some, not all, but some
States have no jurisdiction over tribal-owned carriers, which may or
may not be regulated by a tribal authority that is not a State
commission per se. This is especially true in my home State of Arizona
and also in South Dakota.
The failure to account for these situations means that such carriers
may have no way of being designated as a carrier eligible to receive
Federal universal service support which provides intercarrier support
for the provision of telecommunications services in rural and high-cost
areas throughout the United States.
Section 214 as currently written does not consider whether a tribal-
owned carrier is a traditional incumbent local exchange carrier that
provides the core universal services, whether they have previously
received Federal universal support or whether they will be deemed a
carrier of last resort to serve every customer in their service area.
In my home State of Arizona, there are four tribal authority
telephone cooperatives that are not subject to State jurisdiction.
Passing this bill would ensure that these entities can continue to
serve their customers as eligible carriers.
Without this bill, Madam Speaker, customers of these carriers could
face enormous rate increases. For instance, if Gila River in my
district in Arizona lost its Federal universal service support, its
customers could be hit with a $32 monthly charge per subscriber
starting this January, so it is critical that we pass this bill now to
protect these consumers.
Again, I would like to thank my esteemed colleague, the gentleman
from Virginia [Mr. Bliley] for agreeing to bring this bill forward, and
I would urge a ``yes'' vote from all of our colleagues.
Mr. BLILEY. Madam Speaker, I reserve the balance of my time.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this legislation represents a finetuning of provisions
of the Telecommunications Act of 1996 that addresses the universal
service system. The bill before us today allows a common carrier that
is not subject to the jurisdiction of a State commission, including
those telephone companies owned by certain federally-recognized Indian
tribes, to be designated by the Federal Communications Commission as an
eligible telecommunications carrier for universal service funding
purposes.
The Telecommunications Act of 1996 stipulated that State commissions
are authorized to designate which telephone companies are so-called
eligible telecommunications carriers for purposes of universal service
funding. The provisions of the Telecommunications Act, however, did not
account for the fact that in a few instances, States have no
jurisdiction over telephone companies owned by certain federally-
recognized Indian tribes. Because States have no jurisdiction in this
area, such companies would have no way of becoming designated as
eligible telecommunications carriers and receive universal service
support.
{time} 1330
This bill is a technical correction to the statute that is entirely
consistent with the Telecommunications Act of 1996. The bill ensures
that telephone companies currently receiving support for universal
service can continue to do so whether the designation of eligible
telecommunications carrier is made by the State commission or, in the
case of a company not subject to State jurisdiction, by the Federal
Communications Commission.
I want to congratulate the gentleman from Virginia [Mr. Bliley], for
his work on this issue; the gentleman from South Dakota [Mr. Thune] for
his work on this issue; and the gentleman from Arizona [Mr. Hayworth]
for his work in ensuring that we do have an equitable and universal
application of a plan constructed in the 1930's which has served our
Nation well.
The universal service system of telecommunications was originated as
good economic policy: Let us bring the whole country together, not just
the 35 or 40 percent that had telephones in the middle of the 1930's,
but let us have every home in America with access to it.
It turned out to be not just good economic policy, but it turned out
to be good social policy as well because it helped to knit our country
together, that families could call each other wherever they were in the
country, business could be conducted anywhere in the country. This
amendment seeks to clarify an omission so that these particular Indian
tribes are not excluded, and I want to congratulate the Members that
have brought the issue to our attention.
Madam Speaker, I reserve the balance of my time.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Mr. THUNE. Madam Speaker, will the gentleman yield?
Mr. BLILEY. I yield to the gentleman from South Dakota.
Mr. THUNE. Madam Speaker, I want to credit the distinguished chairman
for his hard work on this bill.
It is my understanding that the bill before us is specifically
intended to provide a clear mechanism to designate eligible
telecommunications carriers, pursuant to section 214(e) of the
Communications Act of 1934, for common carriers not subject to the
jurisdiction of State commissions, for purposes of the universal
service fund. In essence, the bill would ensure such common carriers
have access to universal service funds under section 214(e) of the
Communications Act of 1934. Am I correct in that understanding?
Mr. BLILEY. Madam Speaker, the gentleman is correct. The
Telecommunications Act of 1996 introduced a new requirement that State
commissions determine which common carriers would be designated
eligible for universal service funds. The act, however, did not
contemplate that certain carriers may fall outside the jurisdiction of
a State commission.
Mr. THUNE. Madam Speaker, I thank the gentleman. If the gentleman
would yield further, I would like to ask one other question, if I
might.
There are some that have expressed concerns that this bill may have
implications beyond the question of determining eligibility for the
universal
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H10809]]
service fund to questions of jurisdiction between States and tribal
entities. Am I correct in understanding that nothing in this bill is
intended to expand or restrict the existing jurisdiction of State
commissions over any common carrier or provider in any particular
situation?
Mr. BLILEY. Madam Speaker, the gentleman is correct, that nothing in
this bill is intended to impact litigation regarding jurisdiction
between State and federally recognized tribal entities. Such
determinations are outside the scope of this legislation. The intent of
this bill is to cover such situations where a State commission lacks
jurisdiction over a carrier, in which case the FCC determines who is
eligible to receive Federal universal service support.
Mr. THUNE. Madam Speaker, I thank the gentleman from Virginia [Mr.
Bliley], the chairman of the committee, and I thank the gentleman from
Massachusetts [Mr. Markey] and the gentleman from Arizona [Mr.
Hayworth] for working with me to clarify this issue.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume
to again congratulate all of the Members who worked on this
legislation, and to add in the name of the gentleman from Arizona [Mr.
Pastor], who is also quite concerned about this issue, and the
gentleman from Michigan [Mr. Kildee], who has expressed great interest
in ensuring that there is an equitable distribution of this benefit.
With that, I would hope that the Members of the House would accept
this bill.
Mr. TAUZIN. Mr. Speaker, I rise in support of
S. 1354. This bill
would clarify a provision of the Communications Act regarding universal
service. A change in the existing law is necessary to ensure that local
telephone rates for Native Americans, and possibly other consumers, do
not rise.
Universal Service is based on the premise that all Americans should
have access to telephone service at affordable rates. This long-
standing principle is beneficial to all Americans: the more people that
are connected to the telephone network, the more valuable the network
is to each of us.
Failure to enact
S. 1354, may force rates to increase for local
telephone service in many Native American communities as a result of
certain carriers being excluded from the definition of an ``eligible
telecommunications carrier'' under the Communications Act.
S. 1354
makes a technical correction to the Act that will make it possible for
telephone companies serving areas not subject to the jurisdiction of a
State Commission, to be eligible to receive federal Universal Service
support. The support will be necessary to keep local telephone rates
affordable in these areas.
Supporting
S. 1354 at this time is critical because federal support
for many of these carriers that serve Native Americans may run out as
early as January 1, 1998.
Let me take a moment to extend my appreciation to Mr. Hayworth of
Arizona and Mr. Thune of South Dakota for working together on this
important matter. These gentleman have been champions of this issue in
the House and it is with their help that we are here today.
The other body has properly passed this bill and has sent it to the
House for our consideration. I am hopeful that we can pass this bill
and it can be signed into law relatively shortly.
I ask that all Members support
S. 1354 and I reserve the balance of
my time.
Mr. MARKEY. Madam Speaker, I yield back the balance of my time.
Mr. BLILEY. Madam Speaker, I thank the gentleman from Massachusetts
for his kind words, and I urge the passage of the bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). All time has expired.
The question is on the motion offered by the gentleman from Virginia
[Mr. Bliley] that the House suspend the rules and pass the Senate bill,
S. 1354.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
_______________________________________________________________________
N O T I C E
Incomplete record of House proceedings. Except for the matter which
follows,
today's House proceedings will be continued in the next issue of the
Record.
_______________________________________________________________________
CONFERENCE REPORT ON
H.R. 2267, DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
Mr. ROGERS submitted the following conference report and statement on
the bill (
H.R. 2267) making appropriations for the Department of
Commerce, Justice, and State, the judiciary, and related agencies for
the fiscal year ending September 30, 1998, and for other purposes:
Conference Report (
H. Rept. 105-405)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2267) ``making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1998, and
for other purposes'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $76,199,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,860,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1997: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $20,000,000 to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of any domestic or international terrorist
incident, (2) the costs of providing support to counter,
investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with
these activities, and (3) the costs of conducting a
terrorism threat assessment of Federal agencies and their
facilities: Provided, That funds provided under this
paragraph shall be available only after the Attorney
General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 605 of this Act.
In addition, for necessary expenses, as determined by the
Attorney General, $32,700,000, to remain available until
expended, to reimburse departments and agencies of the
Federal Government for any costs incurred in connection
with--
(1) counterterrorism technology research and development;
(2) providing training and related equipment for chemical,
biological, nuclear, and cyber attack prevention and response
capabilities to State and local law enforcement agencies; and
(3) providing bomb training and response capabilities to
State and local law enforcement agencies.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$70,007,000.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $59,251,000, to remain available until
expended,
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H10810]]
which shall be derived from the Violent Crime Reduction Trust
Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $33,211,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year:
Provided, That up to one-tenth of one percent of the
Department of Justice's allocation from the Violent Crime
Reduction Trust Fund grant programs may be transferred at the
discretion of the Attorney General to this account for the
audit or other review of such grant programs, as authorized
by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
Legal Activities
Salaries and Expenses, General Legal Activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia; $444,200,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain
available until expended for office automation systems for
the legal divisions covered by this appropriation, and for
the United States Attorneys, the Antitrust Division, and
offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official
reception and representation expenses.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $7,969,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $75,495,000: Provided, That notwithstanding any
other provision of law, not to exceed $70,000,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the General Fund
estimated at not more than $5,495,000: Provided further, That
any fees received in excess of $70,000,000 in fiscal year
1998, shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative
agreements, $972,460,000; of which not to exceed $2,500,000
shall be available until September 30, 1999, for (1) training
personnel in debt collection, (2) locating debtors and their
property, (3) paying the net costs of selling property, and
(4) tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended:
Provided further, That not to exceed $1,200,000 for the
design, development, and implementation of an information
systems strategy for D.C. Superior Court shall remain
available until expended: Provided further, That not to
exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided
further, That not to exceed $2,000,000 shall remain
available until expended for the expansion of existing
Violent Crime Task Forces in United States Attorneys
Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force
agreements, however denominated, and contracts with State
and local prosecutorial and law enforcement agencies
engaged in the investigation and prosecution of violent
crimes, including bank robbery and carjacking, and drug
trafficking: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to
the Office of the United States Attorneys, not to exceed
8,948 positions and 9,113 full-time equivalent workyears
shall be supported from the funds appropriated in this Act
for the United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $62,828,000,
to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $114,248,000 of
offsetting collections derived from fees collected pursuant
to 28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the Fund estimated
at $0: Provided further, That any such fees collected in
excess of $114,248,000 in fiscal year 1998 shall remain
available until expended but shall not be available for
obligation until October 1, 1998.
Salaries and Expenses, Foreign Claims Settlement Commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,226,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $467,833,000, as authorized by 28 U.S.C. 561(i);
of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated
prisoner information system, and not to exceed $2,200,000 to
support the Justice Prisoner and Alien Transportation System,
shall remain available until expended: Provided, That, for
fiscal year 1998 and thereafter, the service of maintaining
and transporting State, local, or territorial prisoners shall
be considered a specialized or technical service for purposes
of 31 U.S.C. 6505, and any prisoners so transported shall be
considered persons (transported for other than commercial
purposes) whose presence is associated with the performance
of a governmental function for purposes of 49 U.S.C. 40102.
violent crime reduction Programs, United States Marshals Service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,553,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
Federal Prisoner Detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i), to
remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $75,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase
and maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $4,000,000
may be made available for the purchase, installation and
maintenance of a secure, automated information network to
store and retrieve the identities and locations of
protected witnesses.
Salaries and Expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000 and, in addition, up to $2,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account:
Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
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Assets Forfeiture Fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $4,381,000.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be
used under authorities available to the organizations
reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of
the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in
succeeding fiscal years, subject to the reprogramming
procedures described in section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor
vehicles, of which 2,270 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,750,921,000; of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 1999; of which not less
than $221,050,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not to
exceed $98,400,000 shall remain available until expended; of
which not to exceed $10,000,000 is authorized to be made
available for making advances for expenses arising out of
contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall
be available to maintain an independent program office
dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of
fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in
this Act may be used to provide ballistics imaging equipment
to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''),
$179,121,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $102,127,000 shall be for activities authorized by
section 190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $57,994,000 shall be for activities
authorized by section 190001(b) of the 1994 Act; $4,000,000
shall be for training and investigative assistance authorized
by section 210501 of the 1994 Act; $9,500,000 shall be for
grants to States, as authorized by section 811(b) of the
Antiterrorism Act; and $5,500,000 shall be for establishing
DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange
of DNA identification information, and related activities
authorized by section 210501 of the 1994 Act.
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $44,506,000, to remain
available until expended.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,602 passenger motor vehicles, of which 1,410 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $723,841,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement retrofit and parts, shall remain
available until September 30, 1999; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses.
Violent Crime Reduction Programs
For activities authorized by sections 180104 and 190001(b)
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended, and section 814 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), $403,537,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $8,000,000, to remain
available until expended.
Immigration and Naturalization Service
Salaries and Expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration,
including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police
type use (not to exceed 2,904, of which 1,711 are for
replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and
operation of aircraft; research related to immigration
enforcement; and for the care and housing of Federal
detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo
Detention Facility; $1,657,886,000 of which not to exceed
$400,000 for research shall remain available until expended;
of which not to exceed $10,000,000 shall be available for
costs associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising
out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative
activities related to immigration; and of which not to exceed
$5,000,000 is to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none
of the funds available to the Immigration and Naturalization
Service shall be available to pay any employee overtime pay
in an amount in excess of $30,000 during the calendar year
beginning January 1, 1998: Provided further, That uniforms
may be purchased without regard to the general purchase
price limitation for the current fiscal year: Provided
further, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided
further, That none of the funds provided in this or any
other Act shall be used for the continued operation of the
San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a
continuous 24-hour basis: Provided further, That not to
exceed 43 permanent positions and 43 full-time equivalent
workyears and $4,167,000 shall be expended for the Office
of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall
not be augmented by personnel details, temporary transfers
of personnel on either a reimbursable or non-reimbursable
basis or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary
or long-term basis: Provided further, That beginning seven
calendar days after the enactment of this Act and for each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service may be used by the Immigration and
Naturalization Service to accept, for the purpose of
conducting criminal background checks on applications for
any benefit under the Immigration and Nationality Act, any
FD-258 fingerprint card which has been prepared by or
received from any individual or entity other than an
office of the Immigration and Naturalization Service with
the following exceptions--(1) State and local law
enforcement agencies and (2) United States consular
offices at United States embassies and consulates abroad
under the jurisdiction of the Department of State or
United States military offices under the jurisdiction of
the Department of Defense authorized to perform
fingerprinting services to prepare FD-258 fingerprint
cards for applicants residing abroad applying for
immigration benefits: Provided further, That agencies may
collect and retain a fee for fingerprinting services:
Provided further, That, during fiscal year 1998 and each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service shall be used to complete
adjudication of an application for naturalization unless
the Immigration and Naturalization Service has received
confirmation from the Federal Bureau of Investigation that
a
[[Page
H10812]]
full criminal background check has been completed, except
for those exempted by regulation as of January 1, 1997:
Provided further, That the number of positions filled
through non-career appointment at the Immigration and
Naturalization Service, for which funding is provided in
this Act or is otherwise made available to the Immigration
and Naturalization Service, shall not exceed four
permanent positions and four full-time equivalent
workyears after July 1, 1998: Provided further, That
notwithstanding any other provision of law, during fiscal
year 1998, the Attorney General is authorized and directed
to impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, for
any employee of the Immigration and Naturalization Service
who violates policies and procedures set forth by the
Department of Justice relative to the granting of
citizenship or who willfully deceives the Congress or
Department Leadership on any matter.
Violent Crime Reduction Programs
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 813 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $608,206,000,
to remain available until expended, which will be derived
from the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $75,959,000, to remain available
until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 834, of which
599 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments; $2,821,642,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the FPS, furnish health services to individuals committed to
the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new
facilities shall remain available until September 30, 1999:
Provided further, That of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $26,135,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund.
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$255,133,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation: Provided further, That not to exceed 10
percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred
to ``Salaries and Expenses'', Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of
this Act: Provided further, That, of the total amount
appropriated, not to exceed $2,300,000 shall be available for
the renovation and construction of United States Marshals
Service prisoner-holding facilities.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
Justice Assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of
Crime Act of 1984, as amended, and sections 819 and 821 of
the Antiterrorism and Effective Death Penalty Act of 1996,
$173,600,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act, as amended by Public Law 102-
534 (106 Stat. 3524); of which $25,000,000 is for the
National Sexual Offender Registry: Provided, That, of funds
appropriated under this heading, such funds are available as
may be necessary to carry out the orderly termination of the
Ounce of Prevention Council.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, for
State and Local Narcotics Control and Justice Assistance
Improvements, notwithstanding the provisions of section 511
of said Act, $509,000,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $46,500,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I
of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Programs, including $2,097,000 which shall be available to
the Executive Office of United States Attorneys to support
the National District Attorneys Association's
participation in legal education training at the National
Advocacy Center.
Violent Crime Reduction Programs, State and Local Law Enforcement
Assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); $2,382,400,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund; of which $523,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to
H.R. 728 as passed by
the House of Representatives on February 14, 1995, except
that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as
well as a ``State'', for the purposes set forth in paragraphs
(A), (B), (D), (F), and (I) of section 101(a)(2) of
H.R. 728
and for establishing crime prevention programs involving
cooperation between community residents and law enforcement
personnel in order to control, detect, or investigate crime
or the prosecution of criminals: Provided, That no funds
provided under this heading may be used as matching funds for
any other Federal grant program: Provided further, That
$20,000,000 of this amount shall be for Boys and Girls Clubs
in public housing facilities and other areas in cooperation
with State and local law enforcement: Provided further, That
funds may also be used to defray the costs of indemnification
insurance for law enforcement officers: Provided further,
That for the purpose of eligibility for the Local Law
Enforcement Block Grant Program in the State of Louisiana,
parish sheriffs are to be considered the unit of local
government under section 108 of
H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records,
as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the
National Child Protection Act of 1993; of which $42,500,000
shall be available as authorized by section 1001 of title I
of the 1968 Act, to carry out the provisions of subpart 1,
part E of title I of the 1968 Act notwithstanding section 511
of said Act, for the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs; of which $420,000,000
shall be for the State Criminal Alien Assistance Program, as
authorized by section 242(j) of the Immigration and
Nationality Act, as amended; of which $720,500,000 shall be
for Violent Offender Incarceration and Truth in Sentencing
Incentive
[[Page
H10813]]
Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States
for incarceration of criminal aliens, of which $25,000,000
shall be available for the Cooperative Agreement Program, and
of which $5,000,000 shall be reserved by the Attorney General
for fiscal year 1998 under section 20109(a) of subtitle A of
title II of the 1994 Act; of which $7,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized
by section 218 of the 1990 Act; of which $2,000,000 shall be
for Child Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act;
of which $172,000,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section
1001(a)(18) of the 1968 Act, including $12,000,000 which
shall be used exclusively for the purpose of strengthening
civil legal assistance programs for victims of domestic
violence: Provided further, That, of these funds,
$7,000,000 shall be provided to the National Institute of
Justice for research and evaluation of violence against
women and $853,000 shall be provided to the Office of the
Major Actions:
All articles in House section
AMENDING COMMUNICATIONS ACT OF 1934
(House of Representatives - November 13, 1997)
Text of this article available as:
TXT
PDF
[Pages
H10807-H10864]
AMENDING COMMUNICATIONS ACT OF 1934
Mr. BLILEY. Madam Speaker, I move to suspend the rules and pass the
Senate bill (
S. 1354) to amend the Communications Act of 1934 to
provide for the designation of common carriers not subject to the
jurisdiction of a State commission as eligible telecommunications
carriers.
The Clerk read as follows:
S. 1354
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF COMMUNICATIONS ACT OF 1934.
Section 214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)) is amended--
(1) by striking ``(2) or (3)'' in paragraph (1) and
inserting ``(2), (3), or (6)'';
(2) by striking ``interstate services,'' in paragraph (3)
and inserting ``interstate services or an area served by a
common carrier to which paragraph (6) applies,'';
(3) by inserting ``(or the Commission in the case of a
common carrier designated under paragraph (6))'' in paragraph
(4) after ``State commission'' each place such term appears;
(4) by inserting ``(or the Commission under paragraph
(6))'' in paragraph (5) after ``State commission''; and
(5) by inserting after paragraph (5) the following:
``(6) Common carriers not subject to state commission
jurisdiction.--In the case of a common carrier providing
telephone exchange service and exchange access that is not
subject to the jurisdiction of a State commission, the
Commission shall upon request designate such a common carrier
that meets the requirements of paragraph (1) as an eligible
telecommunications carrier for a service area designated by
the Commission consistent with applicable federal and State
law. Upon request and consistent with the public interest,
convenience and necessity, the Commission may, with respect
to an area served by a rural telephone company, and shall, in
the case of all other areas, designate more than one common
carrier as an eligible telecommunications carrier for a
service area designated under this paragraph, so long as each
additional requesting carrier meets the requirements of
paragraph (1). Before designating an additional eligible
telecommunications carrier for an area served by a rural
telephone company, the Commission shall find that the
designation is in the public interest.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia [Mr. Bliley] and the gentleman from Massachusetts [Mr. Markey]
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia [Mr. Bliley].
General Leave
Mr. BLILEY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on
S. 1354.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of
S. 1354.
S. 1354 was brought to
the Committee on Commerce's attention by the gentleman from Arizona
[Mr. Hayworth]. He informed the committee that a technical amendment to
the Communications Act was necessary to avoid local telephone rate
increases in certain parts of the Nation. The committee has reviewed
the bill and agrees that action by the House is necessary at this time.
Under the current universal service provisions of the Communications
Act, only common carriers designated by the States are eligible to
receive Federal universal service support. Unfortunately, this policy
ignores the fact that some common carriers providing service today are
not subject to the jurisdiction of a State commission; most
[[Page
H10808]]
notably, some carriers owned or controlled by native Americans. Thus,
many of these common carriers may lose Federal support on January 1,
1998, unless Congress takes action.
S. 1354 corrects this problem by permitting a common carrier that is
not subject to State authority to be designated by the Federal
Communications Commission as eligible to receive Federal universal
service support.
S. 1354 will apply to only a limited number of
carriers, but to these carriers' customers, its impacts will be
significant.
It should be noted that nothing in this bill is intended to restrict
or expand the existing jurisdiction of State commissions over any
common carrier. Such determinations are outside the scope of this
legislation.
I thank the gentleman from Arizona [Mr. Hayworth] for his thoughtful
action on this matter and for working with the gentleman from South
Dakota [Mr. Thune]. I also thank the Members of the other body for
taking action on this important matter. I ask that all Members support
passage of
S. 1354.
Madam Speaker, I yield such time as he may consume to the gentleman
from Arizona [Mr. Hayworth].
Mr. HAYWORTH. Madam Speaker, I would like to thank my colleague from
Virginia, the distinguished chairman of the Committee on Commerce [Mr.
Bliley] for his consideration and cooperation in this regard.
Madam Speaker, I rise in strong support of
S. 1354, and I would be
remiss if I did not also take this time to thank the ranking minority
member of the Committee on Commerce, the gentleman from Michigan [Mr.
Dingell], for his help as well.
Madam Speaker, it is safe to say this is a good bipartisan bill. This
legislation was sponsored in the other body by my colleague from
Arizona Senator McCain, and I would like to publicly thank our senior
Senator for his hard work on this issue.
Madam Speaker, as the chairman mentioned, this bill corrects a
technical glitch in section 214(e) of the Communications Act of 1934
that has created a serious problem for certain telecom carriers,
particularly some Indian tribes. The current language in section 214(e)
does not account for the fact that State commissions in some States
have no jurisdiction over certain carriers. Some, not all, but some
States have no jurisdiction over tribal-owned carriers, which may or
may not be regulated by a tribal authority that is not a State
commission per se. This is especially true in my home State of Arizona
and also in South Dakota.
The failure to account for these situations means that such carriers
may have no way of being designated as a carrier eligible to receive
Federal universal service support which provides intercarrier support
for the provision of telecommunications services in rural and high-cost
areas throughout the United States.
Section 214 as currently written does not consider whether a tribal-
owned carrier is a traditional incumbent local exchange carrier that
provides the core universal services, whether they have previously
received Federal universal support or whether they will be deemed a
carrier of last resort to serve every customer in their service area.
In my home State of Arizona, there are four tribal authority
telephone cooperatives that are not subject to State jurisdiction.
Passing this bill would ensure that these entities can continue to
serve their customers as eligible carriers.
Without this bill, Madam Speaker, customers of these carriers could
face enormous rate increases. For instance, if Gila River in my
district in Arizona lost its Federal universal service support, its
customers could be hit with a $32 monthly charge per subscriber
starting this January, so it is critical that we pass this bill now to
protect these consumers.
Again, I would like to thank my esteemed colleague, the gentleman
from Virginia [Mr. Bliley] for agreeing to bring this bill forward, and
I would urge a ``yes'' vote from all of our colleagues.
Mr. BLILEY. Madam Speaker, I reserve the balance of my time.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this legislation represents a finetuning of provisions
of the Telecommunications Act of 1996 that addresses the universal
service system. The bill before us today allows a common carrier that
is not subject to the jurisdiction of a State commission, including
those telephone companies owned by certain federally-recognized Indian
tribes, to be designated by the Federal Communications Commission as an
eligible telecommunications carrier for universal service funding
purposes.
The Telecommunications Act of 1996 stipulated that State commissions
are authorized to designate which telephone companies are so-called
eligible telecommunications carriers for purposes of universal service
funding. The provisions of the Telecommunications Act, however, did not
account for the fact that in a few instances, States have no
jurisdiction over telephone companies owned by certain federally-
recognized Indian tribes. Because States have no jurisdiction in this
area, such companies would have no way of becoming designated as
eligible telecommunications carriers and receive universal service
support.
{time} 1330
This bill is a technical correction to the statute that is entirely
consistent with the Telecommunications Act of 1996. The bill ensures
that telephone companies currently receiving support for universal
service can continue to do so whether the designation of eligible
telecommunications carrier is made by the State commission or, in the
case of a company not subject to State jurisdiction, by the Federal
Communications Commission.
I want to congratulate the gentleman from Virginia [Mr. Bliley], for
his work on this issue; the gentleman from South Dakota [Mr. Thune] for
his work on this issue; and the gentleman from Arizona [Mr. Hayworth]
for his work in ensuring that we do have an equitable and universal
application of a plan constructed in the 1930's which has served our
Nation well.
The universal service system of telecommunications was originated as
good economic policy: Let us bring the whole country together, not just
the 35 or 40 percent that had telephones in the middle of the 1930's,
but let us have every home in America with access to it.
It turned out to be not just good economic policy, but it turned out
to be good social policy as well because it helped to knit our country
together, that families could call each other wherever they were in the
country, business could be conducted anywhere in the country. This
amendment seeks to clarify an omission so that these particular Indian
tribes are not excluded, and I want to congratulate the Members that
have brought the issue to our attention.
Madam Speaker, I reserve the balance of my time.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Mr. THUNE. Madam Speaker, will the gentleman yield?
Mr. BLILEY. I yield to the gentleman from South Dakota.
Mr. THUNE. Madam Speaker, I want to credit the distinguished chairman
for his hard work on this bill.
It is my understanding that the bill before us is specifically
intended to provide a clear mechanism to designate eligible
telecommunications carriers, pursuant to section 214(e) of the
Communications Act of 1934, for common carriers not subject to the
jurisdiction of State commissions, for purposes of the universal
service fund. In essence, the bill would ensure such common carriers
have access to universal service funds under section 214(e) of the
Communications Act of 1934. Am I correct in that understanding?
Mr. BLILEY. Madam Speaker, the gentleman is correct. The
Telecommunications Act of 1996 introduced a new requirement that State
commissions determine which common carriers would be designated
eligible for universal service funds. The act, however, did not
contemplate that certain carriers may fall outside the jurisdiction of
a State commission.
Mr. THUNE. Madam Speaker, I thank the gentleman. If the gentleman
would yield further, I would like to ask one other question, if I
might.
There are some that have expressed concerns that this bill may have
implications beyond the question of determining eligibility for the
universal
[[Page
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service fund to questions of jurisdiction between States and tribal
entities. Am I correct in understanding that nothing in this bill is
intended to expand or restrict the existing jurisdiction of State
commissions over any common carrier or provider in any particular
situation?
Mr. BLILEY. Madam Speaker, the gentleman is correct, that nothing in
this bill is intended to impact litigation regarding jurisdiction
between State and federally recognized tribal entities. Such
determinations are outside the scope of this legislation. The intent of
this bill is to cover such situations where a State commission lacks
jurisdiction over a carrier, in which case the FCC determines who is
eligible to receive Federal universal service support.
Mr. THUNE. Madam Speaker, I thank the gentleman from Virginia [Mr.
Bliley], the chairman of the committee, and I thank the gentleman from
Massachusetts [Mr. Markey] and the gentleman from Arizona [Mr.
Hayworth] for working with me to clarify this issue.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume
to again congratulate all of the Members who worked on this
legislation, and to add in the name of the gentleman from Arizona [Mr.
Pastor], who is also quite concerned about this issue, and the
gentleman from Michigan [Mr. Kildee], who has expressed great interest
in ensuring that there is an equitable distribution of this benefit.
With that, I would hope that the Members of the House would accept
this bill.
Mr. TAUZIN. Mr. Speaker, I rise in support of
S. 1354. This bill
would clarify a provision of the Communications Act regarding universal
service. A change in the existing law is necessary to ensure that local
telephone rates for Native Americans, and possibly other consumers, do
not rise.
Universal Service is based on the premise that all Americans should
have access to telephone service at affordable rates. This long-
standing principle is beneficial to all Americans: the more people that
are connected to the telephone network, the more valuable the network
is to each of us.
Failure to enact
S. 1354, may force rates to increase for local
telephone service in many Native American communities as a result of
certain carriers being excluded from the definition of an ``eligible
telecommunications carrier'' under the Communications Act.
S. 1354
makes a technical correction to the Act that will make it possible for
telephone companies serving areas not subject to the jurisdiction of a
State Commission, to be eligible to receive federal Universal Service
support. The support will be necessary to keep local telephone rates
affordable in these areas.
Supporting
S. 1354 at this time is critical because federal support
for many of these carriers that serve Native Americans may run out as
early as January 1, 1998.
Let me take a moment to extend my appreciation to Mr. Hayworth of
Arizona and Mr. Thune of South Dakota for working together on this
important matter. These gentleman have been champions of this issue in
the House and it is with their help that we are here today.
The other body has properly passed this bill and has sent it to the
House for our consideration. I am hopeful that we can pass this bill
and it can be signed into law relatively shortly.
I ask that all Members support
S. 1354 and I reserve the balance of
my time.
Mr. MARKEY. Madam Speaker, I yield back the balance of my time.
Mr. BLILEY. Madam Speaker, I thank the gentleman from Massachusetts
for his kind words, and I urge the passage of the bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). All time has expired.
The question is on the motion offered by the gentleman from Virginia
[Mr. Bliley] that the House suspend the rules and pass the Senate bill,
S. 1354.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
_______________________________________________________________________
N O T I C E
Incomplete record of House proceedings. Except for the matter which
follows,
today's House proceedings will be continued in the next issue of the
Record.
_______________________________________________________________________
CONFERENCE REPORT ON
H.R. 2267, DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
Mr. ROGERS submitted the following conference report and statement on
the bill (
H.R. 2267) making appropriations for the Department of
Commerce, Justice, and State, the judiciary, and related agencies for
the fiscal year ending September 30, 1998, and for other purposes:
Conference Report (
H. Rept. 105-405)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2267) ``making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1998, and
for other purposes'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $76,199,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,860,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1997: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $20,000,000 to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of any domestic or international terrorist
incident, (2) the costs of providing support to counter,
investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with
these activities, and (3) the costs of conducting a
terrorism threat assessment of Federal agencies and their
facilities: Provided, That funds provided under this
paragraph shall be available only after the Attorney
General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 605 of this Act.
In addition, for necessary expenses, as determined by the
Attorney General, $32,700,000, to remain available until
expended, to reimburse departments and agencies of the
Federal Government for any costs incurred in connection
with--
(1) counterterrorism technology research and development;
(2) providing training and related equipment for chemical,
biological, nuclear, and cyber attack prevention and response
capabilities to State and local law enforcement agencies; and
(3) providing bomb training and response capabilities to
State and local law enforcement agencies.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$70,007,000.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $59,251,000, to remain available until
expended,
[[Page
H10810]]
which shall be derived from the Violent Crime Reduction Trust
Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $33,211,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year:
Provided, That up to one-tenth of one percent of the
Department of Justice's allocation from the Violent Crime
Reduction Trust Fund grant programs may be transferred at the
discretion of the Attorney General to this account for the
audit or other review of such grant programs, as authorized
by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
Legal Activities
Salaries and Expenses, General Legal Activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia; $444,200,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain
available until expended for office automation systems for
the legal divisions covered by this appropriation, and for
the United States Attorneys, the Antitrust Division, and
offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official
reception and representation expenses.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $7,969,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $75,495,000: Provided, That notwithstanding any
other provision of law, not to exceed $70,000,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the General Fund
estimated at not more than $5,495,000: Provided further, That
any fees received in excess of $70,000,000 in fiscal year
1998, shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative
agreements, $972,460,000; of which not to exceed $2,500,000
shall be available until September 30, 1999, for (1) training
personnel in debt collection, (2) locating debtors and their
property, (3) paying the net costs of selling property, and
(4) tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended:
Provided further, That not to exceed $1,200,000 for the
design, development, and implementation of an information
systems strategy for D.C. Superior Court shall remain
available until expended: Provided further, That not to
exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided
further, That not to exceed $2,000,000 shall remain
available until expended for the expansion of existing
Violent Crime Task Forces in United States Attorneys
Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force
agreements, however denominated, and contracts with State
and local prosecutorial and law enforcement agencies
engaged in the investigation and prosecution of violent
crimes, including bank robbery and carjacking, and drug
trafficking: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to
the Office of the United States Attorneys, not to exceed
8,948 positions and 9,113 full-time equivalent workyears
shall be supported from the funds appropriated in this Act
for the United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $62,828,000,
to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $114,248,000 of
offsetting collections derived from fees collected pursuant
to 28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the Fund estimated
at $0: Provided further, That any such fees collected in
excess of $114,248,000 in fiscal year 1998 shall remain
available until expended but shall not be available for
obligation until October 1, 1998.
Salaries and Expenses, Foreign Claims Settlement Commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,226,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $467,833,000, as authorized by 28 U.S.C. 561(i);
of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated
prisoner information system, and not to exceed $2,200,000 to
support the Justice Prisoner and Alien Transportation System,
shall remain available until expended: Provided, That, for
fiscal year 1998 and thereafter, the service of maintaining
and transporting State, local, or territorial prisoners shall
be considered a specialized or technical service for purposes
of 31 U.S.C. 6505, and any prisoners so transported shall be
considered persons (transported for other than commercial
purposes) whose presence is associated with the performance
of a governmental function for purposes of 49 U.S.C. 40102.
violent crime reduction Programs, United States Marshals Service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,553,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
Federal Prisoner Detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i), to
remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $75,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase
and maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $4,000,000
may be made available for the purchase, installation and
maintenance of a secure, automated information network to
store and retrieve the identities and locations of
protected witnesses.
Salaries and Expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000 and, in addition, up to $2,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account:
Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[[Page
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Assets Forfeiture Fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $4,381,000.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be
used under authorities available to the organizations
reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of
the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in
succeeding fiscal years, subject to the reprogramming
procedures described in section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor
vehicles, of which 2,270 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,750,921,000; of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 1999; of which not less
than $221,050,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not to
exceed $98,400,000 shall remain available until expended; of
which not to exceed $10,000,000 is authorized to be made
available for making advances for expenses arising out of
contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall
be available to maintain an independent program office
dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of
fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in
this Act may be used to provide ballistics imaging equipment
to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''),
$179,121,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $102,127,000 shall be for activities authorized by
section 190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $57,994,000 shall be for activities
authorized by section 190001(b) of the 1994 Act; $4,000,000
shall be for training and investigative assistance authorized
by section 210501 of the 1994 Act; $9,500,000 shall be for
grants to States, as authorized by section 811(b) of the
Antiterrorism Act; and $5,500,000 shall be for establishing
DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange
of DNA identification information, and related activities
authorized by section 210501 of the 1994 Act.
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $44,506,000, to remain
available until expended.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,602 passenger motor vehicles, of which 1,410 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $723,841,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement retrofit and parts, shall remain
available until September 30, 1999; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses.
Violent Crime Reduction Programs
For activities authorized by sections 180104 and 190001(b)
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended, and section 814 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), $403,537,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $8,000,000, to remain
available until expended.
Immigration and Naturalization Service
Salaries and Expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration,
including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police
type use (not to exceed 2,904, of which 1,711 are for
replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and
operation of aircraft; research related to immigration
enforcement; and for the care and housing of Federal
detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo
Detention Facility; $1,657,886,000 of which not to exceed
$400,000 for research shall remain available until expended;
of which not to exceed $10,000,000 shall be available for
costs associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising
out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative
activities related to immigration; and of which not to exceed
$5,000,000 is to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none
of the funds available to the Immigration and Naturalization
Service shall be available to pay any employee overtime pay
in an amount in excess of $30,000 during the calendar year
beginning January 1, 1998: Provided further, That uniforms
may be purchased without regard to the general purchase
price limitation for the current fiscal year: Provided
further, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided
further, That none of the funds provided in this or any
other Act shall be used for the continued operation of the
San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a
continuous 24-hour basis: Provided further, That not to
exceed 43 permanent positions and 43 full-time equivalent
workyears and $4,167,000 shall be expended for the Office
of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall
not be augmented by personnel details, temporary transfers
of personnel on either a reimbursable or non-reimbursable
basis or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary
or long-term basis: Provided further, That beginning seven
calendar days after the enactment of this Act and for each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service may be used by the Immigration and
Naturalization Service to accept, for the purpose of
conducting criminal background checks on applications for
any benefit under the Immigration and Nationality Act, any
FD-258 fingerprint card which has been prepared by or
received from any individual or entity other than an
office of the Immigration and Naturalization Service with
the following exceptions--(1) State and local law
enforcement agencies and (2) United States consular
offices at United States embassies and consulates abroad
under the jurisdiction of the Department of State or
United States military offices under the jurisdiction of
the Department of Defense authorized to perform
fingerprinting services to prepare FD-258 fingerprint
cards for applicants residing abroad applying for
immigration benefits: Provided further, That agencies may
collect and retain a fee for fingerprinting services:
Provided further, That, during fiscal year 1998 and each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service shall be used to complete
adjudication of an application for naturalization unless
the Immigration and Naturalization Service has received
confirmation from the Federal Bureau of Investigation that
a
[[Page
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full criminal background check has been completed, except
for those exempted by regulation as of January 1, 1997:
Provided further, That the number of positions filled
through non-career appointment at the Immigration and
Naturalization Service, for which funding is provided in
this Act or is otherwise made available to the Immigration
and Naturalization Service, shall not exceed four
permanent positions and four full-time equivalent
workyears after July 1, 1998: Provided further, That
notwithstanding any other provision of law, during fiscal
year 1998, the Attorney General is authorized and directed
to impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, for
any employee of the Immigration and Naturalization Service
who violates policies and procedures set forth by the
Department of Justice relative to the granting of
citizenship or who willfully deceives the Congress or
Department Leadership on any matter.
Violent Crime Reduction Programs
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 813 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $608,206,000,
to remain available until expended, which will be derived
from the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $75,959,000, to remain available
until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 834, of which
599 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments; $2,821,642,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the FPS, furnish health services to individuals committed to
the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new
facilities shall remain available until September 30, 1999:
Provided further, That of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $26,135,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund.
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$255,133,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation: Provided further, That not to exceed 10
percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred
to ``Salaries and Expenses'', Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of
this Act: Provided further, That, of the total amount
appropriated, not to exceed $2,300,000 shall be available for
the renovation and construction of United States Marshals
Service prisoner-holding facilities.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
Justice Assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of
Crime Act of 1984, as amended, and sections 819 and 821 of
the Antiterrorism and Effective Death Penalty Act of 1996,
$173,600,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act, as amended by Public Law 102-
534 (106 Stat. 3524); of which $25,000,000 is for the
National Sexual Offender Registry: Provided, That, of funds
appropriated under this heading, such funds are available as
may be necessary to carry out the orderly termination of the
Ounce of Prevention Council.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, for
State and Local Narcotics Control and Justice Assistance
Improvements, notwithstanding the provisions of section 511
of said Act, $509,000,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $46,500,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I
of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Programs, including $2,097,000 which shall be available to
the Executive Office of United States Attorneys to support
the National District Attorneys Association's
participation in legal education training at the National
Advocacy Center.
Violent Crime Reduction Programs, State and Local Law Enforcement
Assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); $2,382,400,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund; of which $523,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to
H.R. 728 as passed by
the House of Representatives on February 14, 1995, except
that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as
well as a ``State'', for the purposes set forth in paragraphs
(A), (B), (D), (F), and (I) of section 101(a)(2) of
H.R. 728
and for establishing crime prevention programs involving
cooperation between community residents and law enforcement
personnel in order to control, detect, or investigate crime
or the prosecution of criminals: Provided, That no funds
provided under this heading may be used as matching funds for
any other Federal grant program: Provided further, That
$20,000,000 of this amount shall be for Boys and Girls Clubs
in public housing facilities and other areas in cooperation
with State and local law enforcement: Provided further, That
funds may also be used to defray the costs of indemnification
insurance for law enforcement officers: Provided further,
That for the purpose of eligibility for the Local Law
Enforcement Block Grant Program in the State of Louisiana,
parish sheriffs are to be considered the unit of local
government under section 108 of
H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records,
as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the
National Child Protection Act of 1993; of which $42,500,000
shall be available as authorized by section 1001 of title I
of the 1968 Act, to carry out the provisions of subpart 1,
part E of title I of the 1968 Act notwithstanding section 511
of said Act, for the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs; of which $420,000,000
shall be for the State Criminal Alien Assistance Program, as
authorized by section 242(j) of the Immigration and
Nationality Act, as amended; of which $720,500,000 shall be
for Violent Offender Incarceration and Truth in Sentencing
Incentive
[[Page
H10813]]
Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States
for incarceration of criminal aliens, of which $25,000,000
shall be available for the Cooperative Agreement Program, and
of which $5,000,000 shall be reserved by the Attorney General
for fiscal year 1998 under section 20109(a) of subtitle A of
title II of the 1994 Act; of which $7,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized
by section 218 of the 1990 Act; of which $2,000,000 shall be
for Child Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act;
of which $172,000,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section
1001(a)(18) of the 1968 Act, including $12,000,000 which
shall be used exclusively for the purpose of strengthening
civil legal assistance programs for victims of domestic
violence: Provided further, That, of these funds,
$7,000,000 shall be provided to the National Institute of
Justice for research and evaluation of violence against
women and $853,000 shall be provided to the Office
Amendments:
Cosponsors:
AMENDING COMMUNICATIONS ACT OF 1934
Sponsor:
Summary:
All articles in House section
AMENDING COMMUNICATIONS ACT OF 1934
(House of Representatives - November 13, 1997)
Text of this article available as:
TXT
PDF
[Pages
H10807-H10864]
AMENDING COMMUNICATIONS ACT OF 1934
Mr. BLILEY. Madam Speaker, I move to suspend the rules and pass the
Senate bill (
S. 1354) to amend the Communications Act of 1934 to
provide for the designation of common carriers not subject to the
jurisdiction of a State commission as eligible telecommunications
carriers.
The Clerk read as follows:
S. 1354
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF COMMUNICATIONS ACT OF 1934.
Section 214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)) is amended--
(1) by striking ``(2) or (3)'' in paragraph (1) and
inserting ``(2), (3), or (6)'';
(2) by striking ``interstate services,'' in paragraph (3)
and inserting ``interstate services or an area served by a
common carrier to which paragraph (6) applies,'';
(3) by inserting ``(or the Commission in the case of a
common carrier designated under paragraph (6))'' in paragraph
(4) after ``State commission'' each place such term appears;
(4) by inserting ``(or the Commission under paragraph
(6))'' in paragraph (5) after ``State commission''; and
(5) by inserting after paragraph (5) the following:
``(6) Common carriers not subject to state commission
jurisdiction.--In the case of a common carrier providing
telephone exchange service and exchange access that is not
subject to the jurisdiction of a State commission, the
Commission shall upon request designate such a common carrier
that meets the requirements of paragraph (1) as an eligible
telecommunications carrier for a service area designated by
the Commission consistent with applicable federal and State
law. Upon request and consistent with the public interest,
convenience and necessity, the Commission may, with respect
to an area served by a rural telephone company, and shall, in
the case of all other areas, designate more than one common
carrier as an eligible telecommunications carrier for a
service area designated under this paragraph, so long as each
additional requesting carrier meets the requirements of
paragraph (1). Before designating an additional eligible
telecommunications carrier for an area served by a rural
telephone company, the Commission shall find that the
designation is in the public interest.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia [Mr. Bliley] and the gentleman from Massachusetts [Mr. Markey]
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia [Mr. Bliley].
General Leave
Mr. BLILEY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on
S. 1354.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of
S. 1354.
S. 1354 was brought to
the Committee on Commerce's attention by the gentleman from Arizona
[Mr. Hayworth]. He informed the committee that a technical amendment to
the Communications Act was necessary to avoid local telephone rate
increases in certain parts of the Nation. The committee has reviewed
the bill and agrees that action by the House is necessary at this time.
Under the current universal service provisions of the Communications
Act, only common carriers designated by the States are eligible to
receive Federal universal service support. Unfortunately, this policy
ignores the fact that some common carriers providing service today are
not subject to the jurisdiction of a State commission; most
[[Page
H10808]]
notably, some carriers owned or controlled by native Americans. Thus,
many of these common carriers may lose Federal support on January 1,
1998, unless Congress takes action.
S. 1354 corrects this problem by permitting a common carrier that is
not subject to State authority to be designated by the Federal
Communications Commission as eligible to receive Federal universal
service support.
S. 1354 will apply to only a limited number of
carriers, but to these carriers' customers, its impacts will be
significant.
It should be noted that nothing in this bill is intended to restrict
or expand the existing jurisdiction of State commissions over any
common carrier. Such determinations are outside the scope of this
legislation.
I thank the gentleman from Arizona [Mr. Hayworth] for his thoughtful
action on this matter and for working with the gentleman from South
Dakota [Mr. Thune]. I also thank the Members of the other body for
taking action on this important matter. I ask that all Members support
passage of
S. 1354.
Madam Speaker, I yield such time as he may consume to the gentleman
from Arizona [Mr. Hayworth].
Mr. HAYWORTH. Madam Speaker, I would like to thank my colleague from
Virginia, the distinguished chairman of the Committee on Commerce [Mr.
Bliley] for his consideration and cooperation in this regard.
Madam Speaker, I rise in strong support of
S. 1354, and I would be
remiss if I did not also take this time to thank the ranking minority
member of the Committee on Commerce, the gentleman from Michigan [Mr.
Dingell], for his help as well.
Madam Speaker, it is safe to say this is a good bipartisan bill. This
legislation was sponsored in the other body by my colleague from
Arizona Senator McCain, and I would like to publicly thank our senior
Senator for his hard work on this issue.
Madam Speaker, as the chairman mentioned, this bill corrects a
technical glitch in section 214(e) of the Communications Act of 1934
that has created a serious problem for certain telecom carriers,
particularly some Indian tribes. The current language in section 214(e)
does not account for the fact that State commissions in some States
have no jurisdiction over certain carriers. Some, not all, but some
States have no jurisdiction over tribal-owned carriers, which may or
may not be regulated by a tribal authority that is not a State
commission per se. This is especially true in my home State of Arizona
and also in South Dakota.
The failure to account for these situations means that such carriers
may have no way of being designated as a carrier eligible to receive
Federal universal service support which provides intercarrier support
for the provision of telecommunications services in rural and high-cost
areas throughout the United States.
Section 214 as currently written does not consider whether a tribal-
owned carrier is a traditional incumbent local exchange carrier that
provides the core universal services, whether they have previously
received Federal universal support or whether they will be deemed a
carrier of last resort to serve every customer in their service area.
In my home State of Arizona, there are four tribal authority
telephone cooperatives that are not subject to State jurisdiction.
Passing this bill would ensure that these entities can continue to
serve their customers as eligible carriers.
Without this bill, Madam Speaker, customers of these carriers could
face enormous rate increases. For instance, if Gila River in my
district in Arizona lost its Federal universal service support, its
customers could be hit with a $32 monthly charge per subscriber
starting this January, so it is critical that we pass this bill now to
protect these consumers.
Again, I would like to thank my esteemed colleague, the gentleman
from Virginia [Mr. Bliley] for agreeing to bring this bill forward, and
I would urge a ``yes'' vote from all of our colleagues.
Mr. BLILEY. Madam Speaker, I reserve the balance of my time.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this legislation represents a finetuning of provisions
of the Telecommunications Act of 1996 that addresses the universal
service system. The bill before us today allows a common carrier that
is not subject to the jurisdiction of a State commission, including
those telephone companies owned by certain federally-recognized Indian
tribes, to be designated by the Federal Communications Commission as an
eligible telecommunications carrier for universal service funding
purposes.
The Telecommunications Act of 1996 stipulated that State commissions
are authorized to designate which telephone companies are so-called
eligible telecommunications carriers for purposes of universal service
funding. The provisions of the Telecommunications Act, however, did not
account for the fact that in a few instances, States have no
jurisdiction over telephone companies owned by certain federally-
recognized Indian tribes. Because States have no jurisdiction in this
area, such companies would have no way of becoming designated as
eligible telecommunications carriers and receive universal service
support.
{time} 1330
This bill is a technical correction to the statute that is entirely
consistent with the Telecommunications Act of 1996. The bill ensures
that telephone companies currently receiving support for universal
service can continue to do so whether the designation of eligible
telecommunications carrier is made by the State commission or, in the
case of a company not subject to State jurisdiction, by the Federal
Communications Commission.
I want to congratulate the gentleman from Virginia [Mr. Bliley], for
his work on this issue; the gentleman from South Dakota [Mr. Thune] for
his work on this issue; and the gentleman from Arizona [Mr. Hayworth]
for his work in ensuring that we do have an equitable and universal
application of a plan constructed in the 1930's which has served our
Nation well.
The universal service system of telecommunications was originated as
good economic policy: Let us bring the whole country together, not just
the 35 or 40 percent that had telephones in the middle of the 1930's,
but let us have every home in America with access to it.
It turned out to be not just good economic policy, but it turned out
to be good social policy as well because it helped to knit our country
together, that families could call each other wherever they were in the
country, business could be conducted anywhere in the country. This
amendment seeks to clarify an omission so that these particular Indian
tribes are not excluded, and I want to congratulate the Members that
have brought the issue to our attention.
Madam Speaker, I reserve the balance of my time.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Mr. THUNE. Madam Speaker, will the gentleman yield?
Mr. BLILEY. I yield to the gentleman from South Dakota.
Mr. THUNE. Madam Speaker, I want to credit the distinguished chairman
for his hard work on this bill.
It is my understanding that the bill before us is specifically
intended to provide a clear mechanism to designate eligible
telecommunications carriers, pursuant to section 214(e) of the
Communications Act of 1934, for common carriers not subject to the
jurisdiction of State commissions, for purposes of the universal
service fund. In essence, the bill would ensure such common carriers
have access to universal service funds under section 214(e) of the
Communications Act of 1934. Am I correct in that understanding?
Mr. BLILEY. Madam Speaker, the gentleman is correct. The
Telecommunications Act of 1996 introduced a new requirement that State
commissions determine which common carriers would be designated
eligible for universal service funds. The act, however, did not
contemplate that certain carriers may fall outside the jurisdiction of
a State commission.
Mr. THUNE. Madam Speaker, I thank the gentleman. If the gentleman
would yield further, I would like to ask one other question, if I
might.
There are some that have expressed concerns that this bill may have
implications beyond the question of determining eligibility for the
universal
[[Page
H10809]]
service fund to questions of jurisdiction between States and tribal
entities. Am I correct in understanding that nothing in this bill is
intended to expand or restrict the existing jurisdiction of State
commissions over any common carrier or provider in any particular
situation?
Mr. BLILEY. Madam Speaker, the gentleman is correct, that nothing in
this bill is intended to impact litigation regarding jurisdiction
between State and federally recognized tribal entities. Such
determinations are outside the scope of this legislation. The intent of
this bill is to cover such situations where a State commission lacks
jurisdiction over a carrier, in which case the FCC determines who is
eligible to receive Federal universal service support.
Mr. THUNE. Madam Speaker, I thank the gentleman from Virginia [Mr.
Bliley], the chairman of the committee, and I thank the gentleman from
Massachusetts [Mr. Markey] and the gentleman from Arizona [Mr.
Hayworth] for working with me to clarify this issue.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume
to again congratulate all of the Members who worked on this
legislation, and to add in the name of the gentleman from Arizona [Mr.
Pastor], who is also quite concerned about this issue, and the
gentleman from Michigan [Mr. Kildee], who has expressed great interest
in ensuring that there is an equitable distribution of this benefit.
With that, I would hope that the Members of the House would accept
this bill.
Mr. TAUZIN. Mr. Speaker, I rise in support of
S. 1354. This bill
would clarify a provision of the Communications Act regarding universal
service. A change in the existing law is necessary to ensure that local
telephone rates for Native Americans, and possibly other consumers, do
not rise.
Universal Service is based on the premise that all Americans should
have access to telephone service at affordable rates. This long-
standing principle is beneficial to all Americans: the more people that
are connected to the telephone network, the more valuable the network
is to each of us.
Failure to enact
S. 1354, may force rates to increase for local
telephone service in many Native American communities as a result of
certain carriers being excluded from the definition of an ``eligible
telecommunications carrier'' under the Communications Act.
S. 1354
makes a technical correction to the Act that will make it possible for
telephone companies serving areas not subject to the jurisdiction of a
State Commission, to be eligible to receive federal Universal Service
support. The support will be necessary to keep local telephone rates
affordable in these areas.
Supporting
S. 1354 at this time is critical because federal support
for many of these carriers that serve Native Americans may run out as
early as January 1, 1998.
Let me take a moment to extend my appreciation to Mr. Hayworth of
Arizona and Mr. Thune of South Dakota for working together on this
important matter. These gentleman have been champions of this issue in
the House and it is with their help that we are here today.
The other body has properly passed this bill and has sent it to the
House for our consideration. I am hopeful that we can pass this bill
and it can be signed into law relatively shortly.
I ask that all Members support
S. 1354 and I reserve the balance of
my time.
Mr. MARKEY. Madam Speaker, I yield back the balance of my time.
Mr. BLILEY. Madam Speaker, I thank the gentleman from Massachusetts
for his kind words, and I urge the passage of the bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). All time has expired.
The question is on the motion offered by the gentleman from Virginia
[Mr. Bliley] that the House suspend the rules and pass the Senate bill,
S. 1354.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
_______________________________________________________________________
N O T I C E
Incomplete record of House proceedings. Except for the matter which
follows,
today's House proceedings will be continued in the next issue of the
Record.
_______________________________________________________________________
CONFERENCE REPORT ON
H.R. 2267, DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
Mr. ROGERS submitted the following conference report and statement on
the bill (
H.R. 2267) making appropriations for the Department of
Commerce, Justice, and State, the judiciary, and related agencies for
the fiscal year ending September 30, 1998, and for other purposes:
Conference Report (
H. Rept. 105-405)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2267) ``making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1998, and
for other purposes'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $76,199,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,860,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1997: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $20,000,000 to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of any domestic or international terrorist
incident, (2) the costs of providing support to counter,
investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with
these activities, and (3) the costs of conducting a
terrorism threat assessment of Federal agencies and their
facilities: Provided, That funds provided under this
paragraph shall be available only after the Attorney
General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 605 of this Act.
In addition, for necessary expenses, as determined by the
Attorney General, $32,700,000, to remain available until
expended, to reimburse departments and agencies of the
Federal Government for any costs incurred in connection
with--
(1) counterterrorism technology research and development;
(2) providing training and related equipment for chemical,
biological, nuclear, and cyber attack prevention and response
capabilities to State and local law enforcement agencies; and
(3) providing bomb training and response capabilities to
State and local law enforcement agencies.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$70,007,000.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $59,251,000, to remain available until
expended,
[[Page
H10810]]
which shall be derived from the Violent Crime Reduction Trust
Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $33,211,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year:
Provided, That up to one-tenth of one percent of the
Department of Justice's allocation from the Violent Crime
Reduction Trust Fund grant programs may be transferred at the
discretion of the Attorney General to this account for the
audit or other review of such grant programs, as authorized
by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
Legal Activities
Salaries and Expenses, General Legal Activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia; $444,200,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain
available until expended for office automation systems for
the legal divisions covered by this appropriation, and for
the United States Attorneys, the Antitrust Division, and
offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official
reception and representation expenses.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $7,969,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $75,495,000: Provided, That notwithstanding any
other provision of law, not to exceed $70,000,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the General Fund
estimated at not more than $5,495,000: Provided further, That
any fees received in excess of $70,000,000 in fiscal year
1998, shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative
agreements, $972,460,000; of which not to exceed $2,500,000
shall be available until September 30, 1999, for (1) training
personnel in debt collection, (2) locating debtors and their
property, (3) paying the net costs of selling property, and
(4) tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended:
Provided further, That not to exceed $1,200,000 for the
design, development, and implementation of an information
systems strategy for D.C. Superior Court shall remain
available until expended: Provided further, That not to
exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided
further, That not to exceed $2,000,000 shall remain
available until expended for the expansion of existing
Violent Crime Task Forces in United States Attorneys
Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force
agreements, however denominated, and contracts with State
and local prosecutorial and law enforcement agencies
engaged in the investigation and prosecution of violent
crimes, including bank robbery and carjacking, and drug
trafficking: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to
the Office of the United States Attorneys, not to exceed
8,948 positions and 9,113 full-time equivalent workyears
shall be supported from the funds appropriated in this Act
for the United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $62,828,000,
to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $114,248,000 of
offsetting collections derived from fees collected pursuant
to 28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the Fund estimated
at $0: Provided further, That any such fees collected in
excess of $114,248,000 in fiscal year 1998 shall remain
available until expended but shall not be available for
obligation until October 1, 1998.
Salaries and Expenses, Foreign Claims Settlement Commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,226,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $467,833,000, as authorized by 28 U.S.C. 561(i);
of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated
prisoner information system, and not to exceed $2,200,000 to
support the Justice Prisoner and Alien Transportation System,
shall remain available until expended: Provided, That, for
fiscal year 1998 and thereafter, the service of maintaining
and transporting State, local, or territorial prisoners shall
be considered a specialized or technical service for purposes
of 31 U.S.C. 6505, and any prisoners so transported shall be
considered persons (transported for other than commercial
purposes) whose presence is associated with the performance
of a governmental function for purposes of 49 U.S.C. 40102.
violent crime reduction Programs, United States Marshals Service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,553,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
Federal Prisoner Detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i), to
remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $75,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase
and maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $4,000,000
may be made available for the purchase, installation and
maintenance of a secure, automated information network to
store and retrieve the identities and locations of
protected witnesses.
Salaries and Expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000 and, in addition, up to $2,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account:
Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[[Page
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Assets Forfeiture Fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $4,381,000.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be
used under authorities available to the organizations
reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of
the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in
succeeding fiscal years, subject to the reprogramming
procedures described in section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor
vehicles, of which 2,270 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,750,921,000; of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 1999; of which not less
than $221,050,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not to
exceed $98,400,000 shall remain available until expended; of
which not to exceed $10,000,000 is authorized to be made
available for making advances for expenses arising out of
contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall
be available to maintain an independent program office
dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of
fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in
this Act may be used to provide ballistics imaging equipment
to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''),
$179,121,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $102,127,000 shall be for activities authorized by
section 190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $57,994,000 shall be for activities
authorized by section 190001(b) of the 1994 Act; $4,000,000
shall be for training and investigative assistance authorized
by section 210501 of the 1994 Act; $9,500,000 shall be for
grants to States, as authorized by section 811(b) of the
Antiterrorism Act; and $5,500,000 shall be for establishing
DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange
of DNA identification information, and related activities
authorized by section 210501 of the 1994 Act.
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $44,506,000, to remain
available until expended.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,602 passenger motor vehicles, of which 1,410 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $723,841,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement retrofit and parts, shall remain
available until September 30, 1999; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses.
Violent Crime Reduction Programs
For activities authorized by sections 180104 and 190001(b)
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended, and section 814 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), $403,537,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $8,000,000, to remain
available until expended.
Immigration and Naturalization Service
Salaries and Expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration,
including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police
type use (not to exceed 2,904, of which 1,711 are for
replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and
operation of aircraft; research related to immigration
enforcement; and for the care and housing of Federal
detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo
Detention Facility; $1,657,886,000 of which not to exceed
$400,000 for research shall remain available until expended;
of which not to exceed $10,000,000 shall be available for
costs associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising
out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative
activities related to immigration; and of which not to exceed
$5,000,000 is to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none
of the funds available to the Immigration and Naturalization
Service shall be available to pay any employee overtime pay
in an amount in excess of $30,000 during the calendar year
beginning January 1, 1998: Provided further, That uniforms
may be purchased without regard to the general purchase
price limitation for the current fiscal year: Provided
further, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided
further, That none of the funds provided in this or any
other Act shall be used for the continued operation of the
San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a
continuous 24-hour basis: Provided further, That not to
exceed 43 permanent positions and 43 full-time equivalent
workyears and $4,167,000 shall be expended for the Office
of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall
not be augmented by personnel details, temporary transfers
of personnel on either a reimbursable or non-reimbursable
basis or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary
or long-term basis: Provided further, That beginning seven
calendar days after the enactment of this Act and for each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service may be used by the Immigration and
Naturalization Service to accept, for the purpose of
conducting criminal background checks on applications for
any benefit under the Immigration and Nationality Act, any
FD-258 fingerprint card which has been prepared by or
received from any individual or entity other than an
office of the Immigration and Naturalization Service with
the following exceptions--(1) State and local law
enforcement agencies and (2) United States consular
offices at United States embassies and consulates abroad
under the jurisdiction of the Department of State or
United States military offices under the jurisdiction of
the Department of Defense authorized to perform
fingerprinting services to prepare FD-258 fingerprint
cards for applicants residing abroad applying for
immigration benefits: Provided further, That agencies may
collect and retain a fee for fingerprinting services:
Provided further, That, during fiscal year 1998 and each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service shall be used to complete
adjudication of an application for naturalization unless
the Immigration and Naturalization Service has received
confirmation from the Federal Bureau of Investigation that
a
[[Page
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full criminal background check has been completed, except
for those exempted by regulation as of January 1, 1997:
Provided further, That the number of positions filled
through non-career appointment at the Immigration and
Naturalization Service, for which funding is provided in
this Act or is otherwise made available to the Immigration
and Naturalization Service, shall not exceed four
permanent positions and four full-time equivalent
workyears after July 1, 1998: Provided further, That
notwithstanding any other provision of law, during fiscal
year 1998, the Attorney General is authorized and directed
to impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, for
any employee of the Immigration and Naturalization Service
who violates policies and procedures set forth by the
Department of Justice relative to the granting of
citizenship or who willfully deceives the Congress or
Department Leadership on any matter.
Violent Crime Reduction Programs
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 813 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $608,206,000,
to remain available until expended, which will be derived
from the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $75,959,000, to remain available
until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 834, of which
599 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments; $2,821,642,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the FPS, furnish health services to individuals committed to
the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new
facilities shall remain available until September 30, 1999:
Provided further, That of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $26,135,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund.
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$255,133,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation: Provided further, That not to exceed 10
percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred
to ``Salaries and Expenses'', Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of
this Act: Provided further, That, of the total amount
appropriated, not to exceed $2,300,000 shall be available for
the renovation and construction of United States Marshals
Service prisoner-holding facilities.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
Justice Assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of
Crime Act of 1984, as amended, and sections 819 and 821 of
the Antiterrorism and Effective Death Penalty Act of 1996,
$173,600,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act, as amended by Public Law 102-
534 (106 Stat. 3524); of which $25,000,000 is for the
National Sexual Offender Registry: Provided, That, of funds
appropriated under this heading, such funds are available as
may be necessary to carry out the orderly termination of the
Ounce of Prevention Council.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, for
State and Local Narcotics Control and Justice Assistance
Improvements, notwithstanding the provisions of section 511
of said Act, $509,000,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $46,500,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I
of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Programs, including $2,097,000 which shall be available to
the Executive Office of United States Attorneys to support
the National District Attorneys Association's
participation in legal education training at the National
Advocacy Center.
Violent Crime Reduction Programs, State and Local Law Enforcement
Assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); $2,382,400,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund; of which $523,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to
H.R. 728 as passed by
the House of Representatives on February 14, 1995, except
that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as
well as a ``State'', for the purposes set forth in paragraphs
(A), (B), (D), (F), and (I) of section 101(a)(2) of
H.R. 728
and for establishing crime prevention programs involving
cooperation between community residents and law enforcement
personnel in order to control, detect, or investigate crime
or the prosecution of criminals: Provided, That no funds
provided under this heading may be used as matching funds for
any other Federal grant program: Provided further, That
$20,000,000 of this amount shall be for Boys and Girls Clubs
in public housing facilities and other areas in cooperation
with State and local law enforcement: Provided further, That
funds may also be used to defray the costs of indemnification
insurance for law enforcement officers: Provided further,
That for the purpose of eligibility for the Local Law
Enforcement Block Grant Program in the State of Louisiana,
parish sheriffs are to be considered the unit of local
government under section 108 of
H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records,
as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the
National Child Protection Act of 1993; of which $42,500,000
shall be available as authorized by section 1001 of title I
of the 1968 Act, to carry out the provisions of subpart 1,
part E of title I of the 1968 Act notwithstanding section 511
of said Act, for the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs; of which $420,000,000
shall be for the State Criminal Alien Assistance Program, as
authorized by section 242(j) of the Immigration and
Nationality Act, as amended; of which $720,500,000 shall be
for Violent Offender Incarceration and Truth in Sentencing
Incentive
[[Page
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Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States
for incarceration of criminal aliens, of which $25,000,000
shall be available for the Cooperative Agreement Program, and
of which $5,000,000 shall be reserved by the Attorney General
for fiscal year 1998 under section 20109(a) of subtitle A of
title II of the 1994 Act; of which $7,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized
by section 218 of the 1990 Act; of which $2,000,000 shall be
for Child Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act;
of which $172,000,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section
1001(a)(18) of the 1968 Act, including $12,000,000 which
shall be used exclusively for the purpose of strengthening
civil legal assistance programs for victims of domestic
violence: Provided further, That, of these funds,
$7,000,000 shall be provided to the National Institute of
Justice for research and evaluation of violence against
women and $853,000 shall be provided to the Office of the
Major Actions:
All articles in House section
AMENDING COMMUNICATIONS ACT OF 1934
(House of Representatives - November 13, 1997)
Text of this article available as:
TXT
PDF
[Pages
H10807-H10864]
AMENDING COMMUNICATIONS ACT OF 1934
Mr. BLILEY. Madam Speaker, I move to suspend the rules and pass the
Senate bill (
S. 1354) to amend the Communications Act of 1934 to
provide for the designation of common carriers not subject to the
jurisdiction of a State commission as eligible telecommunications
carriers.
The Clerk read as follows:
S. 1354
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF COMMUNICATIONS ACT OF 1934.
Section 214(e) of the Communications Act of 1934 (47 U.S.C.
214(e)) is amended--
(1) by striking ``(2) or (3)'' in paragraph (1) and
inserting ``(2), (3), or (6)'';
(2) by striking ``interstate services,'' in paragraph (3)
and inserting ``interstate services or an area served by a
common carrier to which paragraph (6) applies,'';
(3) by inserting ``(or the Commission in the case of a
common carrier designated under paragraph (6))'' in paragraph
(4) after ``State commission'' each place such term appears;
(4) by inserting ``(or the Commission under paragraph
(6))'' in paragraph (5) after ``State commission''; and
(5) by inserting after paragraph (5) the following:
``(6) Common carriers not subject to state commission
jurisdiction.--In the case of a common carrier providing
telephone exchange service and exchange access that is not
subject to the jurisdiction of a State commission, the
Commission shall upon request designate such a common carrier
that meets the requirements of paragraph (1) as an eligible
telecommunications carrier for a service area designated by
the Commission consistent with applicable federal and State
law. Upon request and consistent with the public interest,
convenience and necessity, the Commission may, with respect
to an area served by a rural telephone company, and shall, in
the case of all other areas, designate more than one common
carrier as an eligible telecommunications carrier for a
service area designated under this paragraph, so long as each
additional requesting carrier meets the requirements of
paragraph (1). Before designating an additional eligible
telecommunications carrier for an area served by a rural
telephone company, the Commission shall find that the
designation is in the public interest.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia [Mr. Bliley] and the gentleman from Massachusetts [Mr. Markey]
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia [Mr. Bliley].
General Leave
Mr. BLILEY. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on
S. 1354.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of
S. 1354.
S. 1354 was brought to
the Committee on Commerce's attention by the gentleman from Arizona
[Mr. Hayworth]. He informed the committee that a technical amendment to
the Communications Act was necessary to avoid local telephone rate
increases in certain parts of the Nation. The committee has reviewed
the bill and agrees that action by the House is necessary at this time.
Under the current universal service provisions of the Communications
Act, only common carriers designated by the States are eligible to
receive Federal universal service support. Unfortunately, this policy
ignores the fact that some common carriers providing service today are
not subject to the jurisdiction of a State commission; most
[[Page
H10808]]
notably, some carriers owned or controlled by native Americans. Thus,
many of these common carriers may lose Federal support on January 1,
1998, unless Congress takes action.
S. 1354 corrects this problem by permitting a common carrier that is
not subject to State authority to be designated by the Federal
Communications Commission as eligible to receive Federal universal
service support.
S. 1354 will apply to only a limited number of
carriers, but to these carriers' customers, its impacts will be
significant.
It should be noted that nothing in this bill is intended to restrict
or expand the existing jurisdiction of State commissions over any
common carrier. Such determinations are outside the scope of this
legislation.
I thank the gentleman from Arizona [Mr. Hayworth] for his thoughtful
action on this matter and for working with the gentleman from South
Dakota [Mr. Thune]. I also thank the Members of the other body for
taking action on this important matter. I ask that all Members support
passage of
S. 1354.
Madam Speaker, I yield such time as he may consume to the gentleman
from Arizona [Mr. Hayworth].
Mr. HAYWORTH. Madam Speaker, I would like to thank my colleague from
Virginia, the distinguished chairman of the Committee on Commerce [Mr.
Bliley] for his consideration and cooperation in this regard.
Madam Speaker, I rise in strong support of
S. 1354, and I would be
remiss if I did not also take this time to thank the ranking minority
member of the Committee on Commerce, the gentleman from Michigan [Mr.
Dingell], for his help as well.
Madam Speaker, it is safe to say this is a good bipartisan bill. This
legislation was sponsored in the other body by my colleague from
Arizona Senator McCain, and I would like to publicly thank our senior
Senator for his hard work on this issue.
Madam Speaker, as the chairman mentioned, this bill corrects a
technical glitch in section 214(e) of the Communications Act of 1934
that has created a serious problem for certain telecom carriers,
particularly some Indian tribes. The current language in section 214(e)
does not account for the fact that State commissions in some States
have no jurisdiction over certain carriers. Some, not all, but some
States have no jurisdiction over tribal-owned carriers, which may or
may not be regulated by a tribal authority that is not a State
commission per se. This is especially true in my home State of Arizona
and also in South Dakota.
The failure to account for these situations means that such carriers
may have no way of being designated as a carrier eligible to receive
Federal universal service support which provides intercarrier support
for the provision of telecommunications services in rural and high-cost
areas throughout the United States.
Section 214 as currently written does not consider whether a tribal-
owned carrier is a traditional incumbent local exchange carrier that
provides the core universal services, whether they have previously
received Federal universal support or whether they will be deemed a
carrier of last resort to serve every customer in their service area.
In my home State of Arizona, there are four tribal authority
telephone cooperatives that are not subject to State jurisdiction.
Passing this bill would ensure that these entities can continue to
serve their customers as eligible carriers.
Without this bill, Madam Speaker, customers of these carriers could
face enormous rate increases. For instance, if Gila River in my
district in Arizona lost its Federal universal service support, its
customers could be hit with a $32 monthly charge per subscriber
starting this January, so it is critical that we pass this bill now to
protect these consumers.
Again, I would like to thank my esteemed colleague, the gentleman
from Virginia [Mr. Bliley] for agreeing to bring this bill forward, and
I would urge a ``yes'' vote from all of our colleagues.
Mr. BLILEY. Madam Speaker, I reserve the balance of my time.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, this legislation represents a finetuning of provisions
of the Telecommunications Act of 1996 that addresses the universal
service system. The bill before us today allows a common carrier that
is not subject to the jurisdiction of a State commission, including
those telephone companies owned by certain federally-recognized Indian
tribes, to be designated by the Federal Communications Commission as an
eligible telecommunications carrier for universal service funding
purposes.
The Telecommunications Act of 1996 stipulated that State commissions
are authorized to designate which telephone companies are so-called
eligible telecommunications carriers for purposes of universal service
funding. The provisions of the Telecommunications Act, however, did not
account for the fact that in a few instances, States have no
jurisdiction over telephone companies owned by certain federally-
recognized Indian tribes. Because States have no jurisdiction in this
area, such companies would have no way of becoming designated as
eligible telecommunications carriers and receive universal service
support.
{time} 1330
This bill is a technical correction to the statute that is entirely
consistent with the Telecommunications Act of 1996. The bill ensures
that telephone companies currently receiving support for universal
service can continue to do so whether the designation of eligible
telecommunications carrier is made by the State commission or, in the
case of a company not subject to State jurisdiction, by the Federal
Communications Commission.
I want to congratulate the gentleman from Virginia [Mr. Bliley], for
his work on this issue; the gentleman from South Dakota [Mr. Thune] for
his work on this issue; and the gentleman from Arizona [Mr. Hayworth]
for his work in ensuring that we do have an equitable and universal
application of a plan constructed in the 1930's which has served our
Nation well.
The universal service system of telecommunications was originated as
good economic policy: Let us bring the whole country together, not just
the 35 or 40 percent that had telephones in the middle of the 1930's,
but let us have every home in America with access to it.
It turned out to be not just good economic policy, but it turned out
to be good social policy as well because it helped to knit our country
together, that families could call each other wherever they were in the
country, business could be conducted anywhere in the country. This
amendment seeks to clarify an omission so that these particular Indian
tribes are not excluded, and I want to congratulate the Members that
have brought the issue to our attention.
Madam Speaker, I reserve the balance of my time.
Mr. BLILEY. Madam Speaker, I yield myself such time as I may consume.
Mr. THUNE. Madam Speaker, will the gentleman yield?
Mr. BLILEY. I yield to the gentleman from South Dakota.
Mr. THUNE. Madam Speaker, I want to credit the distinguished chairman
for his hard work on this bill.
It is my understanding that the bill before us is specifically
intended to provide a clear mechanism to designate eligible
telecommunications carriers, pursuant to section 214(e) of the
Communications Act of 1934, for common carriers not subject to the
jurisdiction of State commissions, for purposes of the universal
service fund. In essence, the bill would ensure such common carriers
have access to universal service funds under section 214(e) of the
Communications Act of 1934. Am I correct in that understanding?
Mr. BLILEY. Madam Speaker, the gentleman is correct. The
Telecommunications Act of 1996 introduced a new requirement that State
commissions determine which common carriers would be designated
eligible for universal service funds. The act, however, did not
contemplate that certain carriers may fall outside the jurisdiction of
a State commission.
Mr. THUNE. Madam Speaker, I thank the gentleman. If the gentleman
would yield further, I would like to ask one other question, if I
might.
There are some that have expressed concerns that this bill may have
implications beyond the question of determining eligibility for the
universal
[[Page
H10809]]
service fund to questions of jurisdiction between States and tribal
entities. Am I correct in understanding that nothing in this bill is
intended to expand or restrict the existing jurisdiction of State
commissions over any common carrier or provider in any particular
situation?
Mr. BLILEY. Madam Speaker, the gentleman is correct, that nothing in
this bill is intended to impact litigation regarding jurisdiction
between State and federally recognized tribal entities. Such
determinations are outside the scope of this legislation. The intent of
this bill is to cover such situations where a State commission lacks
jurisdiction over a carrier, in which case the FCC determines who is
eligible to receive Federal universal service support.
Mr. THUNE. Madam Speaker, I thank the gentleman from Virginia [Mr.
Bliley], the chairman of the committee, and I thank the gentleman from
Massachusetts [Mr. Markey] and the gentleman from Arizona [Mr.
Hayworth] for working with me to clarify this issue.
Mr. MARKEY. Madam Speaker, I yield myself such time as I may consume
to again congratulate all of the Members who worked on this
legislation, and to add in the name of the gentleman from Arizona [Mr.
Pastor], who is also quite concerned about this issue, and the
gentleman from Michigan [Mr. Kildee], who has expressed great interest
in ensuring that there is an equitable distribution of this benefit.
With that, I would hope that the Members of the House would accept
this bill.
Mr. TAUZIN. Mr. Speaker, I rise in support of
S. 1354. This bill
would clarify a provision of the Communications Act regarding universal
service. A change in the existing law is necessary to ensure that local
telephone rates for Native Americans, and possibly other consumers, do
not rise.
Universal Service is based on the premise that all Americans should
have access to telephone service at affordable rates. This long-
standing principle is beneficial to all Americans: the more people that
are connected to the telephone network, the more valuable the network
is to each of us.
Failure to enact
S. 1354, may force rates to increase for local
telephone service in many Native American communities as a result of
certain carriers being excluded from the definition of an ``eligible
telecommunications carrier'' under the Communications Act.
S. 1354
makes a technical correction to the Act that will make it possible for
telephone companies serving areas not subject to the jurisdiction of a
State Commission, to be eligible to receive federal Universal Service
support. The support will be necessary to keep local telephone rates
affordable in these areas.
Supporting
S. 1354 at this time is critical because federal support
for many of these carriers that serve Native Americans may run out as
early as January 1, 1998.
Let me take a moment to extend my appreciation to Mr. Hayworth of
Arizona and Mr. Thune of South Dakota for working together on this
important matter. These gentleman have been champions of this issue in
the House and it is with their help that we are here today.
The other body has properly passed this bill and has sent it to the
House for our consideration. I am hopeful that we can pass this bill
and it can be signed into law relatively shortly.
I ask that all Members support
S. 1354 and I reserve the balance of
my time.
Mr. MARKEY. Madam Speaker, I yield back the balance of my time.
Mr. BLILEY. Madam Speaker, I thank the gentleman from Massachusetts
for his kind words, and I urge the passage of the bill.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). All time has expired.
The question is on the motion offered by the gentleman from Virginia
[Mr. Bliley] that the House suspend the rules and pass the Senate bill,
S. 1354.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
_______________________________________________________________________
N O T I C E
Incomplete record of House proceedings. Except for the matter which
follows,
today's House proceedings will be continued in the next issue of the
Record.
_______________________________________________________________________
CONFERENCE REPORT ON
H.R. 2267, DEPARTMENTS OF COMMERCE, JUSTICE, AND
STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
Mr. ROGERS submitted the following conference report and statement on
the bill (
H.R. 2267) making appropriations for the Department of
Commerce, Justice, and State, the judiciary, and related agencies for
the fiscal year ending September 30, 1998, and for other purposes:
Conference Report (
H. Rept. 105-405)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2267) ``making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 1998, and
for other purposes'', having met, after full and free
conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1998, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $76,199,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$7,860,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 1997: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,660,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be
augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable basis
or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary or
long-term basis.
counterterrorism fund
For necessary expenses, as determined by the Attorney
General, $20,000,000 to remain available until expended, to
reimburse any Department of Justice organization for (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of any domestic or international terrorist
incident, (2) the costs of providing support to counter,
investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with
these activities, and (3) the costs of conducting a
terrorism threat assessment of Federal agencies and their
facilities: Provided, That funds provided under this
paragraph shall be available only after the Attorney
General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with
section 605 of this Act.
In addition, for necessary expenses, as determined by the
Attorney General, $32,700,000, to remain available until
expended, to reimburse departments and agencies of the
Federal Government for any costs incurred in connection
with--
(1) counterterrorism technology research and development;
(2) providing training and related equipment for chemical,
biological, nuclear, and cyber attack prevention and response
capabilities to State and local law enforcement agencies; and
(3) providing bomb training and response capabilities to
State and local law enforcement agencies.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration related activities,
$70,007,000.
violent crime reduction programs, administrative review and appeals
For activities authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $59,251,000, to remain available until
expended,
[[Page
H10810]]
which shall be derived from the Violent Crime Reduction Trust
Fund.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $33,211,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year:
Provided, That up to one-tenth of one percent of the
Department of Justice's allocation from the Violent Crime
Reduction Trust Fund grant programs may be transferred at the
discretion of the Attorney General to this account for the
audit or other review of such grant programs, as authorized
by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
Legal Activities
Salaries and Expenses, General Legal Activities
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia; $444,200,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, not to exceed $17,525,000 shall remain
available until expended for office automation systems for
the legal divisions covered by this appropriation, and for
the United States Attorneys, the Antitrust Division, and
offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the total amount
appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official
reception and representation expenses.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs, general legal activities
For the expeditious deportation of denied asylum
applicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), as amended, $7,969,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $75,495,000: Provided, That notwithstanding any
other provision of law, not to exceed $70,000,000 of
offsetting collections derived from fees collected for
premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
General Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the General Fund
estimated at not more than $5,495,000: Provided further, That
any fees received in excess of $70,000,000 in fiscal year
1998, shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
salaries and expenses, united states attorneys
For necessary expenses of the Office of the United States
Attorneys, including intergovernmental and cooperative
agreements, $972,460,000; of which not to exceed $2,500,000
shall be available until September 30, 1999, for (1) training
personnel in debt collection, (2) locating debtors and their
property, (3) paying the net costs of selling property, and
(4) tracking debts owed to the United States Government:
Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended:
Provided further, That not to exceed $1,200,000 for the
design, development, and implementation of an information
systems strategy for D.C. Superior Court shall remain
available until expended: Provided further, That not to
exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided
further, That not to exceed $2,000,000 shall remain
available until expended for the expansion of existing
Violent Crime Task Forces in United States Attorneys
Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force
agreements, however denominated, and contracts with State
and local prosecutorial and law enforcement agencies
engaged in the investigation and prosecution of violent
crimes, including bank robbery and carjacking, and drug
trafficking: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to
the Office of the United States Attorneys, not to exceed
8,948 positions and 9,113 full-time equivalent workyears
shall be supported from the funds appropriated in this Act
for the United States Attorneys.
violent crime reduction programs, united states attorneys
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 815 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $62,828,000,
to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $114,248,000 of
offsetting collections derived from fees collected pursuant
to 28 U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a
final fiscal year 1998 appropriation from the Fund estimated
at $0: Provided further, That any such fees collected in
excess of $114,248,000 in fiscal year 1998 shall remain
available until expended but shall not be available for
obligation until October 1, 1998.
Salaries and Expenses, Foreign Claims Settlement Commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,226,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of
passenger motor vehicles for police-type use, without regard
to the general purchase price limitation for the current
fiscal year, $467,833,000, as authorized by 28 U.S.C. 561(i);
of which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation,
maintenance and support, and training for an automated
prisoner information system, and not to exceed $2,200,000 to
support the Justice Prisoner and Alien Transportation System,
shall remain available until expended: Provided, That, for
fiscal year 1998 and thereafter, the service of maintaining
and transporting State, local, or territorial prisoners shall
be considered a specialized or technical service for purposes
of 31 U.S.C. 6505, and any prisoners so transported shall be
considered persons (transported for other than commercial
purposes) whose presence is associated with the performance
of a governmental function for purposes of 49 U.S.C. 40102.
violent crime reduction Programs, United States Marshals Service
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), as amended, $25,553,000, to remain available
until expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
Federal Prisoner Detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i), to
remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $75,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase
and maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $4,000,000
may be made available for the purchase, installation and
maintenance of a secure, automated information network to
store and retrieve the identities and locations of
protected witnesses.
Salaries and Expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964,
$5,319,000 and, in addition, up to $2,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account:
Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
[[Page
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Assets Forfeiture Fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust
Fund, $4,381,000.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
intergovernmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $294,967,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be
used under authorities available to the organizations
reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of
the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in
succeeding fiscal years, subject to the reprogramming
procedures described in section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor
vehicles, of which 2,270 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,750,921,000; of
which not to exceed $50,000,000 for automated data processing
and telecommunications and technical investigative equipment
and not to exceed $1,000,000 for undercover operations shall
remain available until September 30, 1999; of which not less
than $221,050,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not to
exceed $98,400,000 shall remain available until expended; of
which not to exceed $10,000,000 is authorized to be made
available for making advances for expenses arising out of
contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations; and of which $1,500,000 shall
be available to maintain an independent program office
dedicated solely to the relocation of the Criminal Justice
Information Services Division and the automation of
fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in
this Act may be used to provide ballistics imaging equipment
to any State or local authority which has obtained similar
equipment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.
violent crime reduction programs
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''), and the Antiterrorism and Effective Death
Penalty Act of 1996 (``the Antiterrorism Act''),
$179,121,000, to remain available until expended, which shall
be derived from the Violent Crime Reduction Trust Fund; of
which $102,127,000 shall be for activities authorized by
section 190001(c) of the 1994 Act and section 811 of the
Antiterrorism Act; $57,994,000 shall be for activities
authorized by section 190001(b) of the 1994 Act; $4,000,000
shall be for training and investigative assistance authorized
by section 210501 of the 1994 Act; $9,500,000 shall be for
grants to States, as authorized by section 811(b) of the
Antiterrorism Act; and $5,500,000 shall be for establishing
DNA quality-assurance and proficiency-testing standards,
establishing an index to facilitate law enforcement exchange
of DNA identification information, and related activities
authorized by section 210501 of the 1994 Act.
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $44,506,000, to remain
available until expended.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,602 passenger motor vehicles, of which 1,410 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft; $723,841,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for
aircraft replacement retrofit and parts, shall remain
available until September 30, 1999; and of which not to
exceed $50,000 shall be available for official reception and
representation expenses.
Violent Crime Reduction Programs
For activities authorized by sections 180104 and 190001(b)
of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended, and section 814 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132), $403,537,000, to remain available until
expended, which shall be derived from the Violent Crime
Reduction Trust Fund.
construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $8,000,000, to remain
available until expended.
Immigration and Naturalization Service
Salaries and Expenses
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration,
including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police
type use (not to exceed 2,904, of which 1,711 are for
replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and
operation of aircraft; research related to immigration
enforcement; and for the care and housing of Federal
detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo
Detention Facility; $1,657,886,000 of which not to exceed
$400,000 for research shall remain available until expended;
of which not to exceed $10,000,000 shall be available for
costs associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising
out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative
activities related to immigration; and of which not to exceed
$5,000,000 is to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens: Provided, That none
of the funds available to the Immigration and Naturalization
Service shall be available to pay any employee overtime pay
in an amount in excess of $30,000 during the calendar year
beginning January 1, 1998: Provided further, That uniforms
may be purchased without regard to the general purchase
price limitation for the current fiscal year: Provided
further, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided
further, That none of the funds provided in this or any
other Act shall be used for the continued operation of the
San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a
continuous 24-hour basis: Provided further, That not to
exceed 43 permanent positions and 43 full-time equivalent
workyears and $4,167,000 shall be expended for the Office
of Legislative Affairs and Public Affairs: Provided
further, That the latter two aforementioned offices shall
not be augmented by personnel details, temporary transfers
of personnel on either a reimbursable or non-reimbursable
basis or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary
or long-term basis: Provided further, That beginning seven
calendar days after the enactment of this Act and for each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service may be used by the Immigration and
Naturalization Service to accept, for the purpose of
conducting criminal background checks on applications for
any benefit under the Immigration and Nationality Act, any
FD-258 fingerprint card which has been prepared by or
received from any individual or entity other than an
office of the Immigration and Naturalization Service with
the following exceptions--(1) State and local law
enforcement agencies and (2) United States consular
offices at United States embassies and consulates abroad
under the jurisdiction of the Department of State or
United States military offices under the jurisdiction of
the Department of Defense authorized to perform
fingerprinting services to prepare FD-258 fingerprint
cards for applicants residing abroad applying for
immigration benefits: Provided further, That agencies may
collect and retain a fee for fingerprinting services:
Provided further, That, during fiscal year 1998 and each
fiscal year thereafter, none of the funds appropriated or
otherwise made available to the Immigration and
Naturalization Service shall be used to complete
adjudication of an application for naturalization unless
the Immigration and Naturalization Service has received
confirmation from the Federal Bureau of Investigation that
a
[[Page
H10812]]
full criminal background check has been completed, except
for those exempted by regulation as of January 1, 1997:
Provided further, That the number of positions filled
through non-career appointment at the Immigration and
Naturalization Service, for which funding is provided in
this Act or is otherwise made available to the Immigration
and Naturalization Service, shall not exceed four
permanent positions and four full-time equivalent
workyears after July 1, 1998: Provided further, That
notwithstanding any other provision of law, during fiscal
year 1998, the Attorney General is authorized and directed
to impose disciplinary action, including termination of
employment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, for
any employee of the Immigration and Naturalization Service
who violates policies and procedures set forth by the
Department of Justice relative to the granting of
citizenship or who willfully deceives the Congress or
Department Leadership on any matter.
Violent Crime Reduction Programs
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, and section 813 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132), $608,206,000,
to remain available until expended, which will be derived
from the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $75,959,000, to remain available
until expended.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 834, of which
599 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments; $2,821,642,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the FPS, furnish health services to individuals committed to
the custody of the FPS: Provided further, That uniforms may
be purchased without regard to the general purchase price
limitation for the current fiscal year: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $90,000,000 for the activation of new
facilities shall remain available until September 30, 1999:
Provided further, That of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980, as amended, for the care and security
in the United States of Cuban and Haitian entrants: Provided
further, That notwithstanding section 4(d) of the Service
Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into
contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners.
violent crime reduction programs
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322), as
amended, $26,135,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund.
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility;
purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use,
including all necessary expenses incident thereto, by
contract or force account; and constructing, remodeling, and
equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$255,133,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation: Provided further, That not to exceed 10
percent of the funds appropriated to ``Buildings and
Facilities'' in this Act or any other Act may be transferred
to ``Salaries and Expenses'', Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate
in compliance with provisions set forth in section 605 of
this Act: Provided further, That, of the total amount
appropriated, not to exceed $2,300,000 shall be available for
the renovation and construction of United States Marshals
Service prisoner-holding facilities.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
of (not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
Justice Assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended, and the Missing
Children's Assistance Act, as amended, including salaries and
expenses in connection therewith, and with the Victims of
Crime Act of 1984, as amended, and sections 819 and 821 of
the Antiterrorism and Effective Death Penalty Act of 1996,
$173,600,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act, as amended by Public Law 102-
534 (106 Stat. 3524); of which $25,000,000 is for the
National Sexual Offender Registry: Provided, That, of funds
appropriated under this heading, such funds are available as
may be necessary to carry out the orderly termination of the
Ounce of Prevention Council.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, for
State and Local Narcotics Control and Justice Assistance
Improvements, notwithstanding the provisions of section 511
of said Act, $509,000,000, to remain available until
expended, as authorized by section 1001 of title I of said
Act, as amended by Public Law 102-534 (106 Stat. 3524), of
which $46,500,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I
of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Programs, including $2,097,000 which shall be available to
the Executive Office of United States Attorneys to support
the National District Attorneys Association's
participation in legal education training at the National
Advocacy Center.
Violent Crime Reduction Programs, State and Local Law Enforcement
Assistance
For assistance (including amounts for administrative costs
for management and administration, which amounts shall be
transferred to and merged with the ``Justice Assistance''
account) authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); $2,382,400,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction Trust
Fund; of which $523,000,000 shall be for Local Law
Enforcement Block Grants, pursuant to
H.R. 728 as passed by
the House of Representatives on February 14, 1995, except
that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as
well as a ``State'', for the purposes set forth in paragraphs
(A), (B), (D), (F), and (I) of section 101(a)(2) of
H.R. 728
and for establishing crime prevention programs involving
cooperation between community residents and law enforcement
personnel in order to control, detect, or investigate crime
or the prosecution of criminals: Provided, That no funds
provided under this heading may be used as matching funds for
any other Federal grant program: Provided further, That
$20,000,000 of this amount shall be for Boys and Girls Clubs
in public housing facilities and other areas in cooperation
with State and local law enforcement: Provided further, That
funds may also be used to defray the costs of indemnification
insurance for law enforcement officers: Provided further,
That for the purpose of eligibility for the Local Law
Enforcement Block Grant Program in the State of Louisiana,
parish sheriffs are to be considered the unit of local
government under section 108 of
H.R. 728; of which
$45,000,000 shall be for grants to upgrade criminal records,
as authorized by section 106(b) of the Brady Handgun Violence
Prevention Act of 1993, as amended, and section 4(b) of the
National Child Protection Act of 1993; of which $42,500,000
shall be available as authorized by section 1001 of title I
of the 1968 Act, to carry out the provisions of subpart 1,
part E of title I of the 1968 Act notwithstanding section 511
of said Act, for the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs; of which $420,000,000
shall be for the State Criminal Alien Assistance Program, as
authorized by section 242(j) of the Immigration and
Nationality Act, as amended; of which $720,500,000 shall be
for Violent Offender Incarceration and Truth in Sentencing
Incentive
[[Page
H10813]]
Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States
for incarceration of criminal aliens, of which $25,000,000
shall be available for the Cooperative Agreement Program, and
of which $5,000,000 shall be reserved by the Attorney General
for fiscal year 1998 under section 20109(a) of subtitle A of
title II of the 1994 Act; of which $7,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized
by section 218 of the 1990 Act; of which $2,000,000 shall be
for Child Abuse Training Programs for Judicial Personnel and
Practitioners, as authorized by section 224 of the 1990 Act;
of which $172,000,000 shall be for Grants to Combat Violence
Against Women, to States, units of local government,
and Indian tribal governments, as authorized by section
1001(a)(18) of the 1968 Act, including $12,000,000 which
shall be used exclusively for the purpose of strengthening
civil legal assistance programs for victims of domestic
violence: Provided further, That, of these funds,
$7,000,000 shall be provided to the National Institute of
Justice for research and evaluation of violence against
women and $853,000 shall be provided to the Office
Amendments:
Cosponsors:
