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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the admin-
istration of the National Archives (including the Informa-
tion Security Oversight Office) and records and related ac-
tivities, as provided by law, and for expenses necessary for
the review and declassification of documents, and for the
hire of passenger motor vehicles, $206,479,000: Provided,
That the Archivist of the United States is authorized to use
any excess funds available from the amount borrowed for
construction of the National Archives facility, for expenses
necessary to provide adequate storage for holdings.
ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of ar-
chives facilities and presidential libraries, and to provide
adequate storage for holdings, $13,650,000, to remain avail-
able until expended, of which $4,000,000 is for repairs and
restoration of the Truman Library in Independence, Mis-
souri, and of which $3,000,000 is for internal repairs to
the Lyndon Baines Johnson Presidential Library located
at the University of Texas at Austin.
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NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, as amended, $5,000,000, to remain available
until expended.
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Government Ethics pursuant to the Ethics in Gov-
ernment Act of 1978, as amended by Public Law 100–598,
and the Ethics Reform Act of 1989, Public Law 101–194,
including services as authorized by 5 U.S.C. 3109, rental
of conference rooms in the District of Columbia and else-
where, hire of passenger motor vehicles, and not to exceed
$1,500 for official reception and representation expenses;
$8,265,000.
OFFICE OF PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the
Office of Personnel Management pursuant to Reorganiza-
tion Plan Numbered 2 of 1978 and the Civil Service Reform
Act of 1978, including services as authorized by 5 U.S.C.
3109; medical examinations performed for veterans by pri-
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vate physicians on a fee basis; rental of conference rooms
in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception
and representation expenses; advances for reimbursements
to applicable funds of the Office of Personnel Management
and the Federal Bureau of Investigation for expenses in-
curred under Executive Order 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post
of duty; $85,350,000; and in addition $91,236,000 for ad-
ministrative expenses, to be transferred from the appro-
priate trust funds of the Office of Personnel Management
without regard to other statutes, including direct procure-
ment of printed materials for the retirement and insurance
programs: Provided, That the provisions of this appropria-
tion shall not affect the authority to use applicable trust
funds as provided by section 8348(a)(1)(B) of title 5, Unit-
ed States Code: Provided further, That, except as may be
consistent with 5 U.S.C. 8902a(f)(1) and (i), no payment
may be made from the Employees Health Benefits Fund
to any physician, hospital, or other provider of health care
services or supplies who is, at the time such services or sup-
plies are provided to an individual covered under chapter
89 of title 5, United States Code, excluded, pursuant to sec-
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tion 1128 or 1128A of the Social Security Act (42 U.S.C.
1320a-7–1320a-7a), from participation in any program
under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.): Provided further, That no part of this appro-
priation shall be available for salaries and expenses of the
Legal Examining Unit of the Office of Personnel Manage-
ment established pursuant to Executive Order 9358 of July
1, 1943, or any successor unit of like purpose: Provided fur-
ther, That the President’s Commission on White House Fel-
lows, established by Executive Order 11183 of October 3,
1964, may, during the fiscal year ending September 30,
1998, accept donations of money, property, and personal
services in connection with the development of a publicity
brochure to provide information about the White House Fel-
lows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the sala-
ries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act, as amended, including services as authorized by 5
U.S.C. 3109, hire of passenger motor vehicles, $960,000;
and in addition, not to exceed $8,645,000 for administra-
tive expenses to audit the Office of Personnel Management’s
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retirement and insurance programs, to be transferred from
the appropriate trust funds of the Office of Personnel Man-
agement, as determined by the Inspector General: Provided,
That the Inspector General is authorized to rent conference
rooms in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
HEALTH BENEFITS
For payment of Government contributions with respect
to retired employees, as authorized by chapter 89 of title
5, United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849), as amended, such sums
as may be necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE
INSURANCE
For payment of Government contributions with respect
to employees retiring after December 31, 1989, as required
by chapter 87 of title 5, United States Code, such sums as
may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY
FUND
For financing the unfunded liability of new and in-
creased annuity benefits becoming effective on or after Octo-
ber 20, 1969, as authorized by 5 U.S.C. 8348, and annuities
under special Acts to be credited to the Civil Service Retire-
ment and Disability Fund, such sums as may be necessary:
Provided, That annuities authorized by the Act of May 29,
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1944, as amended, and the Act of August 19, 1950, as
amended (33 U.S.C. 771–75), may hereafter be paid out
of the Civil Service Retirement and Disability Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Special Counsel pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978
(Public Law 95–454), the Whistleblower Protection Act of
1989 (Public Law 101–12), Public Law 103–424, and the
Uniformed Services Employment and Reemployment Act of
1994 (Public Law 103–353), including services as author-
ized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Co-
lumbia and elsewhere, and hire of passenger motor vehicles;
$8,450,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109,
$34,293,000: Provided, That travel expenses of the judges
shall be paid upon the written certificate of the judge.
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TITLE V—GENERAL PROVISIONS
THIS ACT
SEC. 501. 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. 502. 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-
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. 503. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 504. None of the funds made available by this
Act shall be available in fiscal year 1998, for the purpose
of transferring control over the Federal Law Enforcement
Training Center located at Glynco, Georgia, and Artesia,
New Mexico, out of the Treasury Department.
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SEC. 505. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not heretofore authorized by the
Congress.
SEC. 506. No part of any appropriation contained in
this Act shall be available for the payment of the salary
of any officer or employee of the United States Postal Serv-
ice, who—
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any other officer or em-
ployee of the United States Postal Service from hav-
ing any direct oral or written communication or con-
tact with any Member, committee, or subcommittee of
the Congress in connection with any matter pertain-
ing to the employment of such other officer or em-
ployee or pertaining to the United States Postal Serv-
ice of such other officer or employee in any way, irre-
spective of whether such communication or contact is
at the initiative of such other officer or employee or
in response to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or discrimi-
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nates in regard to any employment right, entitlement,
or benefit, or any term or condition of employment of,
any other officer or employee of the United States
Postal Service, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication
or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress
as described in paragraph (1).
SEC. 507. The Office of Personnel Management may,
during the fiscal year ending September 30, 1998, and here-
after, accept donations of supplies, services, land, and
equipment for the Federal Executive Institute and Manage-
ment Development Centers to assist in enhancing the qual-
ity of Federal management.
SEC. 508. No part of any appropriation contained in
this Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces
of the United States and has satisfactorily completed his
period of active military or naval service and has within
90 days after his release from such service or from hos-
pitalization continuing after discharge for a period of not
more than 1 year made application for restoration to his
former position and has been certified by the Office of Per-
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sonnel Management as still qualified to perform the duties
of his former position and has not been restored thereto.
SEC. 509. No funds appropriated pursuant to this Act
may be expended by an entity unless the entity agrees that
in expending the assistance the entity will comply with sec-
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a–10c, popularly known as the ‘‘Buy American Act’’).
SEC. 510. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—In the case of any equipment or
products that may be authorized to be purchased with fi-
nancial assistance provided under this Act, it is the sense
of the Congress that entities receiving such assistance
should, in expending the assistance, purchase only Amer-
ican-made equipment and products.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro-
viding financial assistance under this Act, the Secretary of
the Treasury shall provide to each recipient of the assistance
a notice describing the statement made in subsection (a)
by the Congress.
SEC. 511. If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any
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contract or subcontract made with funds provided pursuant
to this Act, pursuant to the debarment, suspension, and in-
eligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
SEC. 512. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 1998 from ap-
propriations made available for salaries and expenses for
fiscal year 1998 in this Act, shall remain available through
September 30, 1999, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance
with the reprogramming guidelines contained in the House
and Senate reports accompanying this Act.
SEC. 513. None of the funds made available in this
Act may be used by the Executive Office of the President
to request from the Federal Bureau of Investigation any of-
ficial background investigation report on any individual,
except when it is made known to the Federal official having
authority to obligate or expend such funds that—
(1) such individual has given his or her express
written consent for such request not more than 6
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months prior to the date of such request and during
the same presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
SEC. 514. Section 1 under the subheading ‘‘General
Provision’’ under the heading ‘‘Office of Personnel Manage-
ment’’ under title IV of the Treasury, Postal Service and
General Government Appropriations Act, 1992 (Public Law
102–141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended
by section 532 of the Treasury, Postal Service and General
Government Appropriations Act, 1995 (Public Law 103–
329; 108 Stat. 2413), and by section 5 under the heading
‘‘General Provisions—Office of Personnel Management’’
under title IV of the Treasury, Postal Service, and General
Government Appropriations Act, 1996 (Public Law 104–
52; 109 Stat. 490), is further amended by striking ‘‘1998’’
both places it appears and inserting ‘‘2000’’.
SEC. 515. Notwithstanding any provision of chapter
89 of title 5, United States Code, the Office of Personnel
Management shall enter into a contract with the National
Association of Postmasters of the United States (hereafter
referred to as the ‘‘Association’’) under section 8902 of such
title, if—
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(1) the Association fulfills all terms and condi-
tions (not related to such withdrawal from participa-
tion) of a qualified carrier under such chapter;
(2) the plan offered by the Association fulfills all
terms and conditions (not related to such withdrawal
from participation) of an approved health benefits
plan;
(3) prior to May 31, 1998, the Association sub-
mits a plan to the Office of Personnel Management
for approval as an approved health benefits plan; and
(4) the Association enters into an agreement
with an underwriting subcontractor licensed to issue
group health insurance.
TITLE VI—GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 601. Funds appropriated in this or any other Act
may be used to pay travel to the United States for the im-
mediate family of employees serving abroad in cases of
death or life threatening illness of said employee.
SEC. 602. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1998 shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to admin-
ister in good faith, a written policy designed to ensure that
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all of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act) by the officers and employees of
such department, agency, or instrumentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any agen-
cy, department, or instrumentality of the United States
which provides or proposes to provide child care services
for Federal employees may reimburse any Federal employee
or any person employed to provide such services for travel,
transportation, and subsistence expenses incurred for train-
ing classes, conferences, or other meetings in connection
with the provision of such services: Provided, That any per
diem allowance made pursuant to this section shall not ex-
ceed the rate specified in regulations prescribed pursuant
to section 5707 of title 5, United States Code.
SEC. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor ve-
hicle (exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be
$9,100: Provided, That these limits may be exceeded by not
to exceed $3,700 for police-type vehicles, and by not to ex-
ceed $4,000 for special heavy-duty vehicles: Provided fur-
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ther, That the limits set forth in this section may not be
exceeded by more than 5 percent for electric or hybrid vehi-
cles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the lim-
its set forth in this section may be exceeded by the incremen-
tal cost of clean alternative fuels vehicles acquired pursuant
to Public Law 101–549 over the cost of comparable conven-
tionally fueled vehicles.
SEC. 605. Appropriations of the executive departments
and independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance
with 5 U.S.C. 5922–24.
SEC. 606. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this
or any other Act shall be used to pay the compensation of
any officer or employee of the Government of the United
States (including any agency the majority of the stock of
which is owned by the Government of the United States)
whose post of duty is in the continental United States un-
less such person (1) is a citizen of the United States, (2)
is a person in the service of the United States on the date
of enactment of this Act who, being eligible for citizenship,
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has filed a declaration of intention to become a citizen of
the United States prior to such date and is actually resid-
ing in the United States, (3) is a person who owes alle-
giance to the United States, (4) is an alien from Cuba, Po-
land, South Vietnam, the countries of the former Soviet
Union, or the Baltic countries lawfully admitted to the
United States for permanent residence, (5) is a South Viet-
namese, Cambodian, or Laotian refugee paroled in the
United States after January 1, 1975, or (6) is a national
of the People’s Republic of China who qualifies for adjust-
ment of status pursuant to the Chinese Student Protection
Act of 1992: Provided, That for the purpose of this section,
an affidavit signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status have been complied with:
Provided further, That any person making a false affidavit
shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than
1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for,
any other provisions of existing law: Provided further, That
any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action
by the Federal Government. This section shall not apply
to citizens of Ireland, Israel, or the Republic of the Phil-
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ippines, or to nationals of those countries allied with the
United States in a current defense effort, or to international
broadcasters employed by the United States Information
Agency, or to temporary employment of translators, or to
temporary employment in the field service (not to exceed
60 days) as a result of emergencies.
SEC. 607. Appropriations available to any department
or agency during the current fiscal year for necessary ex-
penses, including maintenance or operating expenses, shall
also be available for payment to the General Services Ad-
ministration for charges for space and services and those
expenses of renovation and alteration of buildings and fa-
cilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat.
749), the Public Buildings Amendments of 1972 (87 Stat.
216), or other applicable law.
SEC. 608. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the follow-
ing purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive
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Order 12873 (October 20, 1993), including any such
programs adopted prior to the effective date of the Ex-
ecutive Order.
(2) Other Federal agency environmental manage-
ment programs, including, but not limited to, the de-
velopment and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the Fed-
eral agency.
SEC. 609. Funds made available by this or any other
Act for administrative expenses in the current fiscal year
of the corporations and agencies subject to chapter 91 of
title 31, United States Code, shall be available, in addition
to objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance
with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in
the event any functions budgeted as administrative expenses
are subsequently transferred to or paid from other funds,
the limitations on administrative expenses shall be cor-
respondingly reduced.
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SEC. 610. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid
to any person for the filling of any position for which he
or she has been nominated after the Senate has voted not
to approve the nomination of said person.
SEC. 611. No part of any appropriation contained in
this or any other Act shall be available for interagency fi-
nancing of boards (except Federal Executive Boards), com-
missions, councils, committees, or similar groups (whether
or not they are interagency entities) which do not have a
prior and specific statutory approval to receive financial
support from more than one agency or instrumentality.
SEC. 612. Funds made available by this or any other
Act to the Postal Service Fund (39 U.S.C. 2003) shall be
available for employment of guards for all buildings and
areas owned or occupied by the Postal Service and under
the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the powers
of special policemen provided by the first section of the Act
of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318),
and, as to property owned or occupied by the Postal Service,
the Postmaster General may take the same actions as the
Administrator of General Services may take under the pro-
visions of sections 2 and 3 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318a, 318b), attaching
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thereto penal consequences under the authority and within
the limits provided in section 4 of the Act of June 1, 1948,
as amended (62 Stat. 281; 40 U.S.C. 318c).
SEC. 613. None of the funds made available pursuant
to the provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been dis-
approved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the United
States.
SEC. 614. (a) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for the fiscal year
ending on September 30, 1998, by this or any other Act,
may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code—
(1) during the period from the date of expiration
of the limitation imposed by section 616 of the Treas-
ury, Postal Service and General Government Appro-
priations Act, 1997, until the normal effective date of
the applicable wage survey adjustment that is to take
effect in fiscal year 1998, in an amount that exceeds
the rate payable for the applicable grade and step of
the applicable wage schedule in accordance with such
section 616; and
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(2) during the period consisting of the remainder
of fiscal year 1998, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under paragraph (1) by more than the sum of—
(A) the percentage adjustment taking effect
in fiscal year 1998 under section 5303 of title 5,
United States Code, in the rates of pay under the
General Schedule; and
(B) the difference between the overall aver-
age percentage of the locality-based comparabil-
ity payments taking effect in fiscal year 1998
under section 5304 of such title (whether by ad-
justment or otherwise), and the overall average
percentage of such payments which was effective
in fiscal year 1997 under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or
(C) of section 5342(a)(2) of title 5, United States Code, and
no employee covered by section 5348 of such title, may be
paid during the periods for which subsection (a) is in effect
at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such em-
ployee.
(c) For the purposes of this section, the rates payable
to an employee who is covered by this section and who is
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paid from a schedule not in existence on September 30,
1997, shall be determined under regulations prescribed by
the Office of Personnel Management.
(d) Notwithstanding any other provision of law, rates
of premium pay for employees subject to this section may
not be changed from the rates in effect on September 30,
1997, except to the extent determined by the Office of Per-
sonnel Management to be consistent with the purpose of this
section.
(e) This section shall apply with respect to pay for
service performed after September 30, 1997.
(f) For the purpose of administering any provision of
law (including section 8431 of title 5, United States Code,
and any rule or regulation that provides premium pay, re-
tirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary
or basic pay, the rate of salary or basic pay payable after
the application of this section shall be treated as the rate
of salary or basic pay.
(g) Nothing in this section shall be considered to per-
mit or require the payment to any employee covered by this
section at a rate in excess of the rate that would be payable
were this section not in effect.
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(h) The Office of Personnel Management may provide
for exceptions to the limitations imposed by this section if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
SEC. 615. During the period in which the head of any
department or agency, or any other officer or civilian em-
ployee of the Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or em-
ployee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing
or redecoration is expressly approved by the Committees on
Appropriations of the House and Senate. For the purposes
of this section, the word ‘‘office’’ shall include the entire
suite of offices assigned to the individual, as well as any
other space used primarily by the individual or the use of
which is directly controlled by the individual.
SEC. 616. Notwithstanding any other provision of law,
no executive branch agency shall purchase, construct, and/
or lease any additional facilities, except within or contig-
uous to existing locations, to be used for the purpose of con-
ducting Federal law enforcement training without the ad-
vance approval of the House and Senate Committees on Ap-
propriations.
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SEC. 617. Notwithstanding section 1346 of title 31,
United States Code, or section 611 of this Act, funds made
available for fiscal year 1998 by this or any other Act shall
be available for the interagency funding of national security
and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or en-
tities, as provided by Executive Order Numbered 12472
(April 3, 1984).
SEC. 618. (a) None of the funds appropriated by this
or any other Act may be obligated or expended by any Fed-
eral department, agency, or other instrumentality for the
salaries or expenses of any employee appointed to a position
of a confidential or policy-determining character excepted
from the competitive service pursuant to section 3302 of
title 5, United States Code, without a certification to the
Office of Personnel Management from the head of the Fed-
eral department, agency, or other instrumentality employ-
ing the Schedule C appointee that the Schedule C position
was not created solely or primarily in order to detail the
employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed
to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
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(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense
for the collection of specialized national foreign intel-
ligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of
the Department of State;
(6) any agency, office, or unit of the Army,
Navy, Air Force, and Marine Corps, the Federal Bu-
reau of Investigation and the Drug Enforcement Ad-
ministration of the Department of Justice, the De-
partment of Transportation, the Department of the
Treasury, and the Department of Energy performing
intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 619. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1998 shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to admin-
ister in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sex-
ual harassment and that all of its workplaces are not in
violation of title VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of
1967, and the Rehabilitation Act of 1973.
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SEC. 620. No part of any appropriation contained in
this Act may be used to pay for the expenses of travel of
employees, including employees of the Executive Office of
the President, not directly responsible for the discharge of
official governmental tasks and duties: Provided, That this
restriction shall not apply to the family of the President,
Members of Congress or their spouses, Heads of State of a
foreign country or their designees, persons providing assist-
ance to the President for official purposes, or other individ-
uals so designated by the President.
SEC. 621. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress, annu-
ally, that no person or persons with direct or indirect re-
sponsibility for administering the Executive Office of the
President’s Drug-Free Workplace Plan are themselves sub-
ject to a program of individual random drug testing.
SEC. 622. (a) None of the funds made available in this
Act or any other Act may be obligated or expended for any
employee training when it is made known to the Federal
official having authority to obligate or expend such funds
that such employee training—
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the perform-
ance of official duties;
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(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification
of the content and methods to be used in the training
and written end of course evaluation;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Employ-
ment Opportunity Commission Notice N–915.022,
dated September 2, 1988;
(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place; or
(6) 
includes 
content 
related 
to 
human
immunodeficiency virus/acquired immune deficiency
syndrome (HIV/AIDS) other than that necessary to
make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of HIV-
positive employees.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training
bearing directly upon the performance of official duties.
SEC. 623. No funds appropriated in this or any other
Act for fiscal year 1998 may be used to implement or en-
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force the agreements in Standard Forms 312 and 4355 of
the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not con-
tain the following provisions: ‘‘These restrictions are con-
sistent with and do not supersede, conflict with, or otherwise
alter the employee obligations, rights, or liabilities created
by Executive Order 12356; section 7211 of title 5, United
States Code (governing disclosures to Congress); section
1034 of title 10, United States Code, as amended by the
Military Whistleblower Protection Act (governing disclosure
to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistle-
blower Protection Act (governing disclosures of illegality,
waste, fraud, abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50 U.S.C.
421 et seq.) (governing disclosures that could expose con-
fidential Government agents); and the statutes which pro-
tect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subver-
sive Activities Act of 1950 (50 U.S.C. section 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive Order and listed stat-
utes are incorporated into this agreement and are control-
ling.’’: Provided, That notwithstanding the preceding para-
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graph, a nondisclosure policy form or agreement that is to
be executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity
for which such document is to be used. Such form or agree-
ment shall, at a minimum, require that the person will not
disclose any classified information received in the course
of such activity unless specifically authorized to do so by
the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures
to Congress or to an authorized official of an executive agen-
cy or the Department of Justice that are essential to report-
ing a substantial violation of law.
SEC. 624. No part of any funds appropriated in this
or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-leg-
islative relationships, for publicity or propaganda pur-
poses, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pend-
ing before the Congress, except in presentation to the Con-
gress itself.
SEC. 625. (a) IN GENERAL.—No later than September
30, 1998, the Director of the Office of Management and
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Budget shall submit to the Congress a report that pro-
vides—
(1) estimates of the total annual costs and bene-
fits of Federal regulatory programs, including quan-
titative and nonquantitative measures of regulatory
costs and benefits;
(2) estimates of the costs and benefits (including
quantitative and nonquantitative measures) of each
rule that is likely to have a gross annual effect on the
economy of $100,000,000 or more in increased costs;
(3) an assessment of the direct and indirect im-
pacts of Federal rules on the private sector, State and
local government, and the Federal Government; and
(4) recommendations from the Director and a de-
scription of significant public comments to reform or
eliminate any Federal regulatory program or pro-
gram element that is inefficient, ineffective, or is not
a sound use of the Nation’s resources.
(b) NOTICE.—The Director shall provide public notice
and an opportunity to comment on the report under sub-
section (a) before the report is issued in final form.
SEC. 626. None of the funds appropriated by this Act
or any other Act, may be used by an agency to provide
a Federal employee’s home address to any labor organiza-
tion except when it is made known to the Federal official
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having authority to obligate or expend such funds that the
employee has authorized such disclosure or that such disclo-
sure has been ordered by a court of competent jurisdiction.
SEC. 627. None of the funds made available in this
Act or any other Act may be used to provide any non-public
information such as mailing or telephone lists to any per-
son or any organization outside of the Federal Government
without the approval of the House and Senate Committees
on Appropriations.
SEC. 628. No part of any appropriation contained in
this or any other Act shall be used for publicity or propa-
ganda purposes within the United States not heretofore au-
thorized by the Congress.
SEC. 629. None of the funds appropriated in this or
any other Act shall be used to acquire information tech-
nologies which do not comply with part 39.106 (Year 2000
compliance) of the Federal Acquisition Regulation, unless
an agency’s Chief Information Officer determines that non-
compliance with part 39.106 is necessary to the function
and operation of the requesting agency or the acquisition
is required by a signed contract with the agency in effect
before the date of enactment of this Act. Any waiver granted
by the Chief Information Officer shall be reported to the
Office of Management and Budget, and copies shall be pro-
vided to Congress.
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SEC. 630. Section 5118(d)(2) of title 31, United States
Code, is amended by striking ‘‘This paragraph shall’’ and
all that follows through the end of the paragraph.
SEC. 631. The Director of the Office of Management
and Budget shall create and implement no later than Octo-
ber 1, 1997 a budget object classification which shall record
obligations for the expenses of employee relocation. All obli-
gations incident to an employee’s relocation authorized
under either chapter 57 of title 5, United States Code, or
section 901, title I, Public Law 96–465, as amended, shall
be classified to such object classification.
SEC. 632. Notwithstanding any other provision of law,
no part of any appropriation contained in this Act for any
fiscal year shall be available for paying Sunday premium
pay to any employee unless such employee actually per-
formed work during the time corresponding to such pre-
mium pay.
SEC. 633. (a) SPECIAL POSTAGE STAMPS.—In order
to afford the public a convenient way to contribute to fund-
ing for breast-cancer research, the United States Postal
Service shall establish a special rate of postage for first-
class mail under this section.
(b) HIGHER RATE.—The rate of postage established
under this section—
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(1) shall be 1 cent higher than the rate that
would otherwise apply;
(2) may be established without regard to any
procedures under chapter 36 of title 39, United States
Code, and notwithstanding any other provision of
law; and
(3) shall be offered as an alternative to the rate
that would otherwise apply.
The use of the rate of postage established under this section
shall be voluntary on the part of postal patrons.
(c) USE OF FUNDS.—
(1) IN GENERAL.—
(A) PAYMENTS.—The amounts attributable
to the 1-cent differential established under this
section shall be paid by the United States Postal
Service to the Department of Health and Human
Services.
(B) USE.—Amounts paid under subpara-
graph (A) shall be used for breast-cancer research
and related activities to carry out the purposes
of this section.
(C) FREQUENCY OF PAYMENTS.—Payments
under subparagraph (A) shall be paid to the De-
partment of Health and Human Services no less
than twice in each calendar year.
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(2) AMOUNTS
ATTRIBUTABLE
TO
THE
1-CENT
DIFFERENTIAL.—For purposes of this subsection, the
term ‘‘amounts attributable to the 1-cent differential
established under this section’’ means, as determined
by the United States Postal Service under regulations
that it shall prescribe—
(A) the total amount of revenues received by
the United States Postal Service that it would
not have received but for the enactment of this
section, reduced by
(B) an amount sufficient to cover reason-
able administrative and other costs of the United
States Postal Service attributable to carrying out
this section.
(d) SPECIAL POSTAGE STAMPS.—The United States
Postal Service may provide for the design and sale of spe-
cial postage stamps to carry out this section.
(e) SENSE OF CONGRESS.—It is the sense of the Con-
gress that—
(1) nothing in this section should directly or in-
directly cause a net decrease in total funds received
by the Department of Health and Human Services or
any other agency or instrumentality of the Govern-
ment (or any component or other aspect thereof)
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below the level that would otherwise have been antici-
pated absent this section; and
(2) nothing in this section should affect regular
first-class rates or any other regular rate of postage.
(f) ANNUAL REPORTS.—The Postmaster General shall
include in each annual report rendered under section 2402
of title 39, United States Code, information concerning the
operation of this section.
SEC. 634. JUDICIAL SALARIES. (a) JUDICIAL COST-OF-
LIVING ADJUSTMENTS.—Section 461(a) of title 28, United
States Code, is amended to read as follows:
‘‘(a) Effective on the same date that the rates of basic
pay under the General Schedule are adjusted pursuant to
section 5303 of title 5, each salary rate which is subject
to adjustment under this section shall be adjusted by the
same percentage amount as provided for under section 5303
of title 5, rounded to the nearest multiple of $100 (or if
midway between multiples of $100, to the next higher mul-
tiple of $100).’’.
(b) AUTOMATIC ADJUSTMENTS WITHOUT CONGRES-
SIONAL ACTION.—Section 140 of the resolution entitled ‘‘A
Joint Resolution making further continuing appropriations
for the fiscal year 1982, and for other purposes.’’, approved
December 15, 1981 (Public Law 97–92; 95 Stat. 1200; 28
U.S.C. 461 note) is repealed.
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SEC. 635. LIMITATION ON THE USE OF FUNDS TO
PROVIDE FOR FEDERAL AGENCIES TO FURNISH COMMER-
CIALLY AVAILABLE PROPERTY OR SERVICES TO OTHER
FEDERAL AGENCIES. (a) Except as provided in subsection
(b), none of the funds appropriated by this or any other
Act may be used by the Office of Management and Budget,
or any other agency, to publish, promulgate, or enforce any
policy, regulation, or circular, or any rule or authority in
any other form, that would permit any Federal agency to
provide a commercially available property or service to any
other department or agency of Government unless the pol-
icy, regulation, circular, or other rule or authority meets
the requirements prescribed under subsection (b).
(b)(1) Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Manage-
ment and Budget shall prescribe regulations applicable to
any policy regulation, circular, or other rule or authority
referred to in subsection (a).
(2) the requirements prescribed under paragraph (1)
shall include the following—
(A) a requirement for a comparison between the
cost of providing the property or service concerned
through the agency concerned and the cost of provid-
ing such property or service through the private sec-
tor;
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(B) a requirement for cost and performance
benchmarks relating to the property or service pro-
vided relative to comparable services provided by
other Government agencies and contractors in order
to permit effective oversight of the cost and provision
of such property or service by the agency concerned
or the Office of Management and Budget;
(C) the regulation would not apply to contin-
gency operations associated with national security or
a national emergency; and
(D) the regulation would not apply if the goods
are to be produced or services are to be performed by
a private sector source at a Government-owned facil-
ity that is operated by the private sector source.
SEC. 636. Section 302(g)(1) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432(g)(1)) is amended—
(1) by striking ‘‘and’’ after ‘‘Senator,’’; and
(2) by inserting after ‘‘candidate,’’ the following:
‘‘and by the Republican and Democratic Senatorial
Campaign Committees’’.
SEC. 637. Notwithstanding any other provision of law,
no adjustment shall be made under section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31) (relat-
ing to cost-of-living adjustments for Members of Congress)
during fiscal year 1998.
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SEC. 638. SENSE OF THE SENATE REGARDING IM-
PORTS OF FISH TAKEN OR RETAINED IN A MANNER INCON-
SISTENT WITH RECOMMENDATIONS OF THE INTERNATIONAL
COMMISSION FOR THE CONSERVATION OF ATLANTIC TUNAS.
(a) It is the sense of the Senate that the United States, as
a signatory to the International Convention for the Con-
servation of Atlantic Tunas, should implement as fully as
possible the recommendations of the International Commis-
sion for the Conservation of Atlantic Tunas (ICCAT).
(b) It is the sense of the Senate that fish taken and
retained in a manner and under circumstances that are
inconsistent with the recommendations of the ICCAT made
pursuant to article VIII of the Convention and adopted by
the Secretary of Commerce should be prohibited entry into
the United States.
SEC. 639. PROHIBITION OF COMPUTER GAME PRO-
GRAMS.—
(1) DEFINITIONS.—In this section, ‘‘agency’’
means agency as defined under section 105 of title 5,
United States Code.
(2) REMOVAL
OF
EXISTING
COMPUTER
GAME
PROGRAMS.—Not later 180 days after the date of en-
actment of this Act, the head of each agency shall take
such actions as necessary to remove any computer
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game program not required for the official business of
the agency from any agency computer equipment.
(3) PROHIBITION
OF
INSTALLATION
OF
COM-
PUTER GAME PROGRAMS.—The head of each agency
shall prohibit the installation of any computer game
program not required for the official business of the
agency into any agency computer equipment.
(4) PROHIBITION
OF
AGENCY
ACCEPTANCE
OF
COMPUTER EQUIPMENT WITH COMPUTER GAME PRO-
GRAMS.—
(A) Title III of the Federal Property and
Administrative Services Act of 1949 is amended
by adding at the end the following:
‘‘SEC. 317. RESTRICTIONS ON CERTAIN INFORMATION
TECHNOLOGY.
‘‘(a) DEFINITION.—In this section the term ‘informa-
tion technology’ has the meaning given such term under sec-
tion 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C.
1401).
‘‘(b) IN GENERAL.—The head of an executive agency
may not accept delivery of information technology that is
loaded with game programs not required for an official pur-
pose under the terms of the contract under which informa-
tion technology is delivered.
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‘‘(c) WAIVER.—The head of an executive agency may
waive the application of this section with respect to any
particular procurement of information technology, if the
head of the agency—
‘‘(1) conducts a cost-benefit analysis and deter-
mines that the costs of compliance with this section
outweighs the benefits of compliance; and
‘‘(2) submits a certification of such determina-
tion, with supporting documentation to the Con-
gress.’’.
(B) The table of contents in section 2(b) of
the Federal Property and Administrative Serv-
ices Act of 1949 is amended by inserting after
the item relating to section 316 the following:
‘‘Sec. 317. Restrictions on certain information technology.’’.
(C) The amendments made by this section
shall take effect 180 days after the date of enact-
ment of this Act.
SEC. 640. (a) The congressional ethics committees shall
provide for voluntary reporting by Members of Congress on
the financial disclosure reports filed under title I of the Eth-
ics in Government Act of 1978 (5 U.S.C. App.) on such
Members’ participation in—
(1) the Civil Service Retirement System under
chapter 83 of title 5, United States Code; and
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(2) the Federal Employees Retirement System
under chapter 84 of title 5, United States Code.
(b) In this section, the terms ‘‘congressional ethics com-
mittees’’ and ‘‘Members of Congress’’ have the meanings
given such terms under section 109 of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.).
(c) This section shall apply to fiscal year 1998 and
each fiscal year thereafter.
SEC. 641. (a) A Federal employee shall be separated
from service and barred from reemployment in the Federal
service, if—
(1) the employee is convicted of a violation or at-
tempted violation of section 201 of title 18, United
States Code; and
(2) such violation or attempted violation related
to conduct prohibited under section 1010(a) of the
Controlled Substances Import and Export Act (21
U.S.C. 960(a)).
(b) This section shall apply during fiscal year 1998
and each fiscal year thereafter.
SEC. 642. (a) COORDINATION OF COUNTERDRUG IN-
TELLIGENCE CENTERS
AND ACTIVITIES.—(1) Not later
than 120 days after the date of enactment of this Act, the
Director of the Office of National Drug Control Policy shall
submit to the appropriate congressional committees a plan
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SEC. 645. The provision of section 644 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
This Act may be cited as the ‘‘Treasury and General
Government Appropriations Act, 1998’’.
Passed the House of Representatives September 17,
1997.
Attest:
ROBIN H. CARLE,
Clerk.
Passed the Senate September 17, 1997.
Attest:
GARY SISCO,
Secretary.