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lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be affected
thereby.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1997, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed
by Federal employees; unless the Appropriations Commit-
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tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1997, or provided from any ac-
counts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $500,000 or 10 percent, whichever is less,
that (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result
in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Admin-
istration in shipyards located outside of the United States.
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SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
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guidelines of the Equal Employment Opportunity Commis-
sion covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds
are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Com-
mission on October 1, 1993 (58 Fed. Reg. 51266).
SEC. 609. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 610. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
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this Act shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
SEC. 611. None of the funds made available in this
Act to the Federal Bureau of Prisons may be used to distrib-
ute or make available any commercially published informa-
tion or material to a prisoner when it is made known to
the Federal official having authority to obligate or expend
such funds that such information or material is sexually
explicit or features nudity.
SEC. 612. The second proviso of the second paragraph
under the heading ‘‘OFFICE OF THE CHIEF SIGNAL OFFI-
CER.’’ in the Act entitled ‘‘An Act Making appropriations
for the support of the Regular and Volunteer Army for the
fiscal year ending June thirtieth, nineteen hundred and
one’’, approved May 26, 1900 (31 Stat. 206; chapter 586;
47 U.S.C. 17), is repealed.
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SEC. 613. EXCLUSION FROM THE UNITED STATES OF
ALIENS WHO HAVE BEEN INVOLVED IN EXTRAJUDICIAL
AND POLITICAL KILLINGS IN HAITI. (a) GROUNDS FOR EX-
CLUSION.—None of the funds appropriated or otherwise
made available in this Act shall be used to issue visas to
any person who—
(1) has been credibly alleged to have ordered,
carried out, or materially assisted in the extrajudicial
and political killings of Antoine Izmery, Guy Malary,
Father Jean-Marie Vincent, Pastor Antoine Leroy,
Jacques Fleurival, Mireille Durocher Bertin, Eugene
Baillergeau, Michelange Hermann, Max Mayard,
Romulus Dumarsais, Claude Yves Marie, Mario
Beaubrun, Leslie Grimar, Joseph Chilove, Michel
Gonzalez, and Jean-Hubert Feuille;
(2) has been included in the list presented to
former President Jean-Bertrand Aristide by former
National Security Council Advisor Anthony Lake in
December 1995, and acted upon by President Rene
Preval;
(3) was a member of the Haitian presidential se-
curity unit who has been credibly alleged to have or-
dered, carried out, or materially assisted in the
extrajudicial and political killings of Pastor Antoine
Leroy and Jacques Fleurival, or who was suspended
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by President Preval for his involvement in or knowl-
edge of the Leroy and Fleurival killings on August 20,
1996;
(4) was sought for an interview by the Federal
Bureau of Investigation as part of its inquiry into
the March 28, 1995, murder of Mireille Durocher
Bertin and Eugene Baillergeau, Jr., and was credibly
alleged to have ordered, carried out, or materially as-
sisted in those murders, per a June 28, 1995, letter
to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(5) was a member of the Haitian High Com-
mand during the period 1991 through 1994, and has
been credibly alleged to have planned, ordered, or par-
ticipated with members of the Haitian Armed Forces
in—
(A) the September 1991 coup against any
person who was a duly elected government offi-
cial of Haiti (or a member of the family of such
official), or
(B) the murders of thousands of Haitians
during the period 1991 through 1994; or
(6) has been credibly alleged to have been a
member of the paramilitary organization known as
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FRAPH who planned, ordered, or participated in
acts of violence against the Haitian people.
(b) EXEMPTION.—Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would other-
wise be excluded under this section is necessary for medical
reasons or such person has cooperated fully with the inves-
tigation of these political murders. If the Secretary of State
exempts any such person, the Secretary shall notify the ap-
propriate congressional committees in writing.
(c) REPORTING
REQUIREMENT.—(1) The United
States chief of mission in Haiti shall provide the Secretary
of State a list of those who have been credibly alleged to
have ordered or carried out the extrajudicial and political
killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list pro-
vided under paragraph (1) to the appropriate congressional
committees not later than 3 months after the date of enact-
ment of this Act.
(3) The Secretary of State shall submit to the appro-
priate congressional committees a list of aliens denied visas,
and the Attorney General shall submit to the appropriate
congressional committees a list of aliens refused entry to
the United States as a result of this provision.
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(4) The Secretary of State shall submit a report under
this subsection not later than 6 months after the date of
enactment of this Act and not later than March 1 of each
year thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and politi-
cal killings and has not prosecuted those implicated for the
killings specified in paragraph (1) of subsection (a).
(d) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate.
SEC. 614. SENSE OF THE SENATE THAT THE FED-
ERAL GOVERNMENT SHOULD NOT MANIPULATE UNIVERSAL
SERVICE SUPPORT PAYMENTS TO BALANCE THE FEDERAL
BUDGET. (a) FINDINGS.—The Congress finds that—
(1) it reaffirmed the importance of universal
service support for telecommunications services by
passing the Telecommunications Act of 1996;
(2) the Telecommunications Act of 1996 required
the Federal Communications Commission to preserve
and advance universal service based on the following
principles:
(A) Quality services should be available at
just, reasonable, and affordable rates.
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(B) Access to advanced telecommunications
and information services should be provided in
all regions of the Nation.
(C) Consumers in all regions of the Nation,
including low-income consumers and those in
rural, insular, and high cost areas, should have
access to telecommunications and information
services, including interexchange services and ad-
vanced telecommunications and information
services, that are reasonably comparable to those
services provided in urban areas and that are
available at rates that are reasonably com-
parable to rates charged for similar services.
(D) All providers of telecommunications
services should make an equitable and non-
discriminatory contribution to the preservation
and advancement of universal service.
(E) There should be specific, predictable,
and sufficient Federal and State mechanisms to
preserve and advance universal service.
(F) Elementary and secondary schools and
classrooms, health care providers, and libraries
should have access to advanced telecommuni-
cations services.
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(3) Federal and State universal contributions
are administered by an independent, non-Federal en-
tity and are not deposited into the Federal Treasury
and therefore not available for Federal appropria-
tions.
(4) The Conference Committee on the Balanced
Budget Reconciliation Act of 1997, is considering
proposals that would withhold Federal universal serv-
ice funds in the year 2002.
(5) The withholding of billions of dollars of uni-
versal service support payments may result in tem-
porary rate increases in rural and high cost areas
and may delay qualifying schools, libraries, and
rural health facilities discounts directed under the
Telecommunications Act of 1996.
(b) SENSE OF THE SENATE.—Therefore, it is the sense
of the Senate that the Balanced Budget Reconciliation Act
of 1997 should not manipulate, modify, or impair universal
service support as a means to achieve a balanced Federal
budget or to achieve Federal budget savings.
SEC. 615. For fiscal year 1998 and subsequent fiscal
years, in establishing the income or assets of an individual
who is a victim of domestic violence, under section
1007(a)(2) of the Legal Services Corporation Act (42 U.S.C.
2996f(a)(2)), to determine if the individual is eligible for