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(3) Since 1949, John H.R. Berg has been em-
ployed by the United States Embassy in Paris where
he is currently the Chief of the Visitor’s and Travel
Unit. And, this year has supported over 10,700 offi-
cial visitors, 500 conferences, and over 15,000 official
and unofficial reservations; and
(4) John H.R. Berg’s reputation for ‘‘accom-
plishing the impossible’’ through his dedication, effi-
ciency and knowledge has become legend in the For-
eign Service; and
(5) John H.R. Berg has just completed 50 years
of outstanding service to the United States Govern-
ment with the United States Department of State.
(b) SENSE OF SENATE.—Therefore it is the sense of
the Senate that John H.R. Berg deserves the highest praise
from the Congress for his steadfast devotion, caring leader-
ship, and lifetime of service to the United States Govern-
ment.
SEC. 409. Not to exceed $2,000,000 may be made avail-
able for the 1999 Women’s World Cup Organizing Commit-
tee cultural exchange and exchange related activities associ-
ated with the 1999 Women’s World Cup.
SEC. 410. Notwithstanding any other provision in this
Act the amount for the Department of State ‘‘CAPITAL IN-
VESTMENT FUND’’ shall be $105,000,000.
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This title may be cited as the ‘‘Department of State
and Related Agencies Appropriations Act, 1998’’.
TITLE V—RELATED AGENCIES
MARITIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-
differential subsidies, as authorized by the Merchant Marine
Act, 1936, as amended, $135,000,000, to remain available
until expended.
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a
U.S.-flag merchant fleet to serve the national security needs
of the United States, $35,000,000, to remain available until
expended: Provided, That these funds will be available only
upon enactment of an authorization for this program.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $69,000,000: Provided, That re-
imbursements may be made to this appropriation from re-
ceipts to the ‘‘Federal Ship Financing Fund’’ for adminis-
trative expenses in support of that program in addition to
any amount heretofore appropriated.
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MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $29,000,000, to remain avail-
able until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in sec-
tion 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available
to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out
the guaranteed loan program, not to exceed $4,000,000,
which shall be transferred to and merged with the appro-
priation for Operations and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration,
and payments received therefor shall be credited to the ap-
propriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occu-
pancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
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No obligations shall be incurred during the current fis-
cal year from the construction fund established by the Mer-
chant Marine Act, 1936, or otherwise, in excess of the ap-
propriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which other-
wise would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
COMMISSION FOR THE PRESERVATION OF AMERICA’S
HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation
of America’s Heritage Abroad, $206,000, as authorized by
Public Law 99–83, section 1303.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil
Rights, including hire of passenger motor vehicles,
$8,740,000: Provided, That not to exceed $50,000 may be
used to employ consultants: Provided further, That none of
the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Sched-
ule C of the Excepted Service exclusive of one special assist-
ant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to
reimburse Commissioners for more than 75 billable days,
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with the exception of the Chairperson who is permitted 125
billable days.
COMMISSION ON IMMIGRATION REFORM
SALARIES AND EXPENSES
For necessary expenses of the Commission on Immi-
gration Reform pursuant to section 141(f) of the Immigra-
tion Act of 1990, $459,000 to remain available until ex-
pended.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security
and Cooperation in Europe, as authorized by Public Law
94–304, $1,090,000, to remain available until expended as
authorized by section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Op-
portunity Commission as authorized by title VII of the
Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)
and 621–634), the Americans with Disabilities Act of 1990,
and the Civil Rights Act of 1991, including services as au-
thorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); non-monetary awards
to private citizens; not to exceed $27,500,000, for payments
to State and local enforcement agencies for services to the
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Commission pursuant to title VII of the Civil Rights Act
of 1964, as amended, sections 6 and 14 of the Age Discrimi-
nation in Employment Act, the Americans with Disabilities
Act of 1990, and the Civil Rights Act of 1991; $242,000,000:
Provided, That the Commission is authorized to make
available for official reception and representation expenses
not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901–02; not
to exceed $600,000 for land and structure; not to exceed
$500,000 for improvement and care of grounds and repair
to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed sixteen)
and hire of motor vehicles; special counsel fees; and services
as authorized by 5 U.S.C. 3109; $185,949,000, of which not
to exceed $300,000 shall remain available until September
30, 1998, for research and policy studies: Provided, That
$162,523,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the Communica-
tions Act of 1934, as amended, and shall be retained and
used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the
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sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 1998 so as to re-
sult in a final fiscal year 1998 appropriation estimated at
$23,426,000: Provided further, That any offsetting collec-
tions received in excess of $162,523,000 in fiscal year 1998
shall remain available until expended, but shall not be
available for obligation until October 1, 1998.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Com-
mission as authorized by section 201(d) of the Merchant
Marine Act of 1936, as amended (46 App. U.S.C. 1111),
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–02; $14,300,000: Provided, That not to
exceed $2,000 shall be available for official reception and
representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commis-
sion, including uniforms or allowances therefor, as author-
ized by 5 U.S.C. 5901–5902; services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; and not to
exceed $2,000 for official reception and representation ex-
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penses; $108,000,000: Provided, That not to exceed $300,000
shall be available for use to contract with a person or per-
sons for collection services in accordance with the terms of
31 U.S.C. 3718, as amended: Provided further, That not-
withstanding any other provision of law, not to exceed
$70,000,000 of offsetting collections derived from fees col-
lected 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 ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1997,
so as to result in a final fiscal year 1997 appropriation
from the General Fund estimated at not more than
$28,000,000, to remain available until expended: that not
more than $10,000,000 shall be available from prior year
unobligated fee collections: Provided further, That any fees
received in excess of $70,000,000 in fiscal year 1998 shall
remain available until expended, but shall not be available
for obligation until October 1, 1998: Provided further, That
none of the funds made available to the Federal Trade Com-
mission shall be available for obligation for expenses au-
thorized by section 151 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (Public Law 102–
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242, 105 Stat. 2282–2285): Provided further, That, for a
period of one year, none of the funds made available to the
Federal Trade Commission shall be spent on an adminis-
trative proceeding concerning the merger of two hospitals
where the Commission has already sought injunctive relief
under 15 U.S.C. 53(b), and prior to July 9, 1997, a Court
of Appeals has affirmed the denial of the injunctive relief
requested by the Commission unless further review over-
turns the decision by the court of appeals.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to
carry out the purposes of the Legal Services Corporation
Act of 1974, as amended, $300,000,000, of which
$273,070,000 is for basic field programs and required inde-
pendent audits; $2,019,000 is for the Office of Inspector
General, of which such amounts as may be necessary may
be used to conduct additional audits of recipients;
$7,911,000 is for management and administration; and
$17,000,000, to remain available until expended, is for pro
se legal education demonstration projects.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
CORPORATION
SEC. 501. (a) CONTINUATION OF COMPETITIVE SELEC-
TION PROCESS.—None of the funds appropriated in this Act
to the Legal Services Corporation may be used to provide
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financial assistance to any person or entity except through
a competitive selection process conducted in accordance
with regulations promulgated by the Corporation in accord-
ance with the criteria set forth in subsections (c), (d), and
(e) of section 503 of Public Law 104–134 (110 Stat. 1321–
52 et seq.).
(b) INAPPLICABILITY
OF NONCOMPETITIVE PROCE-
DURES.—For purposes of the funding provided in this Act,
rights under sections 1007(a)(9) and 1011 of the Legal
Services Corporation Act (42 U.S.C. 2996f(a)(9) and 42
U.S.C. 2996j) shall not apply.
(c) ADDITIONAL PROCEDURES.—If, during any term
of a grant or contract awarded to a recipient by the Legal
Services Corporation under the competitive selection process
referred to in subsection (a) and applicable Legal Services
Corporation regulations, the Legal Services Corporation
finds, after notice and an opportunity for a hearing to the
recipient, that the recipient has failed to comply with any
requirement of the Legal Services Corporation Act (42
U.S.C. 2996 et seq.), this Act, or any other applicable law
relating to funding for the Legal Services Corporation, the
Legal Services Corporation may terminate the grant or con-
tract and institute a new competitive selection process for
the area served by the recipient, notwithstanding the terms
of the grant or contract of the recipient.
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SEC. 502. (a) CONTINUATION OF REQUIREMENTS AND
RESTRICTIONS.—None of the funds appropriated in this
Act to the Legal Services Corporation shall be expended for
any purpose prohibited or limited by, or contrary to any
of the provisions of—
(1) sections 501, 502, 505, 506, and 507 of Pub-
lic Law 104–134 (110 Stat. 1321–51 et seq.), and all
funds appropriated in this Act to the Legal Services
Corporation shall be subject to the same terms and
conditions as set forth in such sections, except that all
references in such sections to 1995 and 1996 shall be
deemed to refer instead to 1997 and 1998, respec-
tively; and
(2) section 504 of Public Law 104–134 (110
Stat. 1321–53 et seq.), and all funds appropriated in
this Act to the Legal Services Corporation shall be
subject to the same terms and conditions set forth in
such section, except that—
(A) subsection (c) of such section 504 shall
not apply;
(B) paragraph (3) of section 508(b) of Pub-
lic Law 104–134 (110 Stat. 1321–58) shall
apply with respect to the requirements of sub-
section (a)(13) of such section 504, except that
all references in such section 508(b) to the date
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of enactment shall be deemed to refer to April 26,
1996; and
(C) subsection (a)(11) of such section 504
shall not be construed to prohibit a recipient
from using funds derived from a source other
than the Corporation to provide related legal as-
sistance to—
(i) an alien who has been battered or
subjected to extreme cruelty in the United
States by a spouse or a parent, or by a
member of the spouse’s or parent’s family
residing in the same household as the alien
and the spouse or parent consented or ac-
quiesced to such battery or cruelty; or
(ii) an alien whose child has been bat-
tered or subjected to extreme cruelty in the
United States by a spouse or parent of the
alien (without the active participation of
the alien in the battery or extreme cruelty),
or by a member of the spouse’s or parent’s
family residing in the same household as
the alien and the spouse or parent consented
or acquiesced to such battery or cruelty, and
the alien did not actively participate in
such battery or cruelty.
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(b) 
DEFINITIONS.—For 
purposes 
of 
subsection
(a)(2)(C):
(1) The term ‘‘battered or subjected to extreme
cruelty’’ has the meaning given such term under regu-
lations issued pursuant to subtitle G of the Violence
Against Women Act of 1994 (Public Law 103–322;
108 Stat. 1953).
(2) The term ‘‘related legal assistance’’ means
legal assistance directly related to the prevention of,
or obtaining of relief from, the battery or cruelty de-
scribed in such subsection.
SEC. 503. (a) CONTINUATION OF AUDIT REQUIRE-
MENTS.—The requirements of section 509 of Public Law
104–134 (110 Stat. 1321–58 et seq.), other than subsection
(l) of such section, shall apply during fiscal year 1998.
(b) REQUIREMENT OF ANNUAL AUDIT.—An annual
audit of each person or entity receiving financial assistance
from the Legal Services Corporation under this Act shall
be conducted during fiscal year 1998 in accordance with
the requirements referred to in subsection (a).
SEC. 504. (a) DEBARMENT.—The Legal Services Cor-
poration may debar a recipient, on a showing of good cause,
from receiving an additional award of financial assistance
from the Legal Services Corporation. Any such action to
debar a recipient shall be instituted after the Legal Services
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Corporation provides notice and an opportunity for a hear-
ing to the recipient. The decision regarding the debarment
shall not be subject to Section 1011 of the Legal Services
Corporation Act (42 U.S.C. 2996j).
(b) The Legal Services Corporation shall promulgate
regulations to implement this section.
(c) In this section, the term ‘‘good cause’’, used with
respect to debarment, includes—
(1) prior termination of the financial assistance
of the recipient, under part 1640 of title 45, Code of
Federal Regulations (or any similar corresponding
regulation or ruling);
(2) prior termination in whole, under part 1606
of title 45, Code of Federal Regulations (or any simi-
lar corresponding regulation or ruling), of the most
recent financial assistance received by the recipient,
prior to the date of the debarment decision;
(3) substantial violation by the recipient of the
statutory or regulatory restrictions that prohibit re-
cipients from using financial assistance made avail-
able by the Legal Services Corporation or other finan-
cial assistance for purposes prohibited under the
Legal Services Corporation Act (42 U. S.C. 2996
et seq.) or for involvement in any activity prohibited
by, or inconsistent with, section 504 of the Depart-
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ments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1996, sec-
tion 502(a)(2) of the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1997, or section 502(a)(2) of this
title;
(4) knowing entry by the recipient into a
subgrant, subcontract, or other agreement with an en-
tity that had been debarred by the Corporation; or
(5) the filing of a lawsuit by the recipient, on be-
half of the recipient, as part of any program receiving
any federal funds, naming the Legal Services Cor-
poration, or any agency or employee of a federal,
state, or local government, as a defendant.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $1,240,000.
GAMBLING IMPACT STUDY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Gambling Im-
pact Study Commission, $1,000,000, to remain available
until expended: Provided, That funds made available for
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this purpose shall be taken from funds made available on
page 22, line 16.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$285,412,000, of which not to exceed $10,000 may be used
toward funding a permanent secretariat for the Inter-
national Organization of Securities Commissions, and of
which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission
with foreign governmental and other regulatory officials,
members of their delegations, appropriate representatives
and staff to exchange views concerning developments relat-
ing to securities matters, development and implementation
of cooperation agreements concerning securities matters and
provision of technical assistance for the development of for-
eign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (1) such incidental
expenses as meals taken in the course of such attendance,
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(2) any travel and transportation to or from such meetings,
and (3) any other related lodging or subsistance: Provided,
That fees and charges authorized by section 6(b)(4) of the
Securities Act of 1933 (15 U.S.C. 77f(b)(4)) and 31(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78ee(d))
shall be credited to this account as offsetting collections:
Provided further, That not to exceed $249,523,000 of such
offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That
the total amount appropriated from the General Fund for
fiscal year 1998 under this heading shall be reduced as all
such offsetting collections are deposited to this appropria-
tion so as to result in a final total fiscal year 1998 appro-
priation from the General Fund estimated at no more than
$35,889,000.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of
the Small Business Administration as authorized by Public
Law 103–403, including hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344, and not to ex-
ceed $3,500 for official reception and representation ex-
penses, $246,100,000, of which $16,500,000 shall be avail-
able to fund technical assistance grants in fiscal year 1998
as authorized by section 7(m) of the Small Business Act,
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as amended: Provided, That the Administrator is author-
ized to charge fees to cover the cost of publications developed
by the Small Business Administration, and certain loan
servicing activities: Provided further, That notwithstanding
31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for carrying
out these purposes without further appropriations: Provided
further, That $75,800,000 shall be available to fund grants
for performance in fiscal year 1997 or fiscal year 1998 as
authorized by section 21 of the Small Business Act, as
amended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App. 1–11, as amended
by Public Law 100–504), $10,600,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $181,232,000, as au-
thorized by 15 U.S.C. 631 note: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That during fiscal year 1998, com-
mitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958, as amended, shall not ex-
ceed the amount of financings authorized under section
20(n)(2)(B) of the Small Business Act, as amended.
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In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $94,000,000,
which may be transferred to and merged with the appro-
priations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For administrative expenses to carry out the direct
loan program, as authorized by section 7(b) of the Small
Business Act, as amended, $173,200,000, including not to
exceed $500,000 for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program, and said
sums may be transferred to and merged with appropria-
tions for Salaries and Expenses and Office of Inspector
General.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business In-
vestment Act, as amended, $3,500,000, to remain available
without fiscal year limitation as authorized by 15 U.S.C.
631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
SEC. 505. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred be-
tween such appropriations, but no such appropriation shall
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be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by the State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),
$13,550,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
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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