(16) Appropriations for the Department of the
Interior—
(A) for the United States Fish and Wild-
life Service, for resource management, $12,000;
(B) for the United States Geological Sur-
vey, for surveys, investigations, and research,
$80,000; and
(C) for the Bureau of Reclamation, for
water and related resources, $101,000.
(17) Appropriations for the Department of Vet-
erans Affairs, for departmental administration, for
general operating expenses, $453,000.
(18) Appropriations for the National Aero-
nautics and Space Administration, for mission sup-
port, $183,000.
(19) Appropriations for the National Science
Foundation, for research and related activities,
$39,000.
(20) Appropriations for the Federal Emergency
Management Agency, for salaries and expenses,
$4,000.
(21) Appropriations for the Department of En-
ergy—
(A) 
for 
departmental 
administration,
$150,000; and
(B) for atomic energy defense activities,
for other defense activities, $54,000.
(22) Appropriations for the Nuclear Regulatory
Commission, for salaries and expenses, $26,000.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operat-
ing-differential subsidies, as authorized by the Merchant
Marine Act, 1936, as amended, $51,030,000, 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, $35,500,000, to remain avail-
able until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $65,000,000: 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.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by
the Merchant Marine Act, 1936, $35,000,000, to remain
available until expended: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 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 $3,450,000,
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 Govern-
ment property under control of the Maritime Administra-
tion, and payments received therefor shall be credited to
the appropriation charged with the cost thereof: Provided,
That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or
repairs shall be covered into the Treasury as miscellaneous
receipts.
No obligations shall be incurred during the current
fiscal year from the construction fund established by the
Merchant Marine Act, 1936, or otherwise, in excess of the
appropriations 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, $250,000, 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
Schedule C of the Excepted Service exclusive of one special
assistant 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, 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 Immi-
gration Act of 1990, $496,000, to remain available until
expended.
COMMISSION ON SECURITY AND COOPERATION IN
EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Secu-
rity and Cooperation in Europe, as authorized by Public
Law 94–304, $1,090,000, to remain available until ex-
pended as authorized by section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment
Opportunity 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 authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-mone-
tary awards to private citizens; and not to exceed
$27,500,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title
VII of the Civil Rights Act of 1964, as amended, sections
6 and 14 of the Age Discrimination in Employment Act,
the Americans with Disabilities Act of 1990, and the Civil
Rights Act of 1991; $239,740,000: Provided, That the
Commission is authorized to make available for official re-
ception and representation expenses not to exceed $2,500
from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communica-
tions Commission, as authorized by law, including uni-
forms and allowances therefor, as authorized by 5 U.S.C.
5901 and 5902; 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 16) and hire of motor vehicles;
special counsel fees; and services as authorized by 5
U.S.C. 3109; $187,079,000 (reduced by $10,000,000), of
which not to exceed $300,000 shall remain available until
September 30, 1999, for research and policy studies: Pro-
101
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 Commission shall be avail-
able for obligation for expenses authorized by section 151
of the Federal Deposit Insurance Corporation Improve-
ment Act of 1991 (Public Law 102–242, 105 Stat. 2282–
2285).
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, $141,000,000 (increased by
$109,000,000), of which $134,575,000 (increased by
$109,000,000) is for basic field programs and required
independent audits; $1,125,000 is for the Office of Inspec-
tor General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; and
$5,300,000 is for management and administration.
ADMINISTRATIVE PROVISION—LEGAL SERVICES
CORPORATION
SEC. 501. (a) CONTINUATION OF COMPETITIVE SE-
LECTION PROCESS.—None of the funds appropriated in
this Act to the Legal Services Corporation may be used
to provide financial assistance to any person or entity ex-
cept through a competitive selection process conducted in
102
accordance with regulations promulgated by the Corpora-
tion in accordance 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 CERTAIN PROCEDURES.—
Sections 1007(a)(9) and 1011 of the Legal Services Cor-
poration Act (42 U.S.C. 2996f(a)(9) and 2996j) shall not
apply to the provision, denial, suspension, or termination
of any financial assistance using funds appropriated in
this Act.
(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 proc-
ess referred to in subsection (a) and applicable Corpora-
tion regulations, the Corporation finds, after notice and
opportunity for the recipient to be heard, that the recipi-
ent 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 Corporation, the Corporation may terminate the grant
or contract and institute a new competitive selection proc-
ess for the area served by the recipient, notwithstanding
the terms of the recipient’s grant or contract.
SEC. 502. (a) CONTINUATION OF REQUIREMENTS
AND RESTRICTIONS.—None of the funds appropriated in
103
this Act to the Legal Services Corporation shall be ex-
pended for any purpose prohibited or limited by, or con-
trary to any of the provisions of—
(1) sections 501, 502, 505, 506, and 507 of
Public 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, respectively; 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
Public 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
of enactment shall be deemed to refer to April
26, 1996; and
104
(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
assistance 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 cru-
elty), or by a member of the spouse’s or
parent’s family residing in the same house-
hold as the alien and the spouse or parent
consented or acquiesced to such battery or
cruelty, and the alien did no actively par-
ticipate in such battery or cruelty.
(b) DEFINITIONS.—For purposes of subsection
(a)(2)(C):
105
(1) The term ‘‘battered or subjected to extreme
cruelty’’ has the meaning given such term under reg-
ulations issued pursuant to subtitle G of the Vio-
lence Against Women Act of 1994 (Pub. L. 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 sub-
section (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 assist-
ance 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
Corporation may debar a recipient, on a showing of good
cause, from receiving an additional award of financial as-
sistance from the Corporation. Any such action to debar
a recipient shall be instituted after the Corporation pro-
107
502(a)(2) of Public Law 104–208 (110 Stat. 3009–
59 et seq.), or section 502(a)(2) of this Act;
(4) knowing entry by the recipient into a
subgrant, subcontract, or other agreement with an
entity that had been debarred by the Corporation; or
(5) the filing of a lawsuit by the recipient, on
behalf of the recipient, as part of any program re-
ceiving any Federal funds, naming the Corporation,
or any agency or employee of a Federal, State, or
local government, as a defendant.
SEC. 505. (a) Not later than January 1, 1998, the
Legal Services Corporation shall implement a system of
case information disclosure which shall apply to all basic
field programs which receive funds from the Legal Serv-
ices Corporation from funds appropriated in this Act.
(b) Any basic field program which receives Federal
funds from the Legal Services Corporation from funds ap-
propriated in this Act must disclose to the public in writ-
ten form, upon request, and to the Legal Services Cor-
poration in semiannual reports, the following information
about each case filed by its attorneys in any court:
(1) The name and full address of each party to
the legal action unless such information is protected
by an order or rule of a court or by State or Federal
law or revealing such information would put the cli-
108
ent of the recipient of such Federal funds at risk of
physical harm.
(2) The cause of action in the case.
(3) The name and address of the court in which
the case was filed and the case number assigned to
the legal action.
(c) The case information disclosed in semi-annual re-
ports to the Legal Services Corporation shall be subject
to disclosure under section 552 of title 5, United States
Code.
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, $1,000,000.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Ex-
change 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 representa-
tion expenses, $283,000,000, of which not to exceed
$10,000 may be used toward funding a permanent sec-
retariat for the International Organization of Securities
109
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 relating to securities matters, de-
velopment and implementation of cooperation agreements
concerning securities matters and provision of technical
assistance for the development of foreign securities mar-
kets, such expenses to include necessary logistic and ad-
ministrative expenses and the expenses of Commission
staff and foreign invitees in attendance at such consulta-
tions and meetings including: (1) such incidental expenses
as meals taken in the course of such attendance; (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 sections 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 col-
lections: 
Provided 
further, 
That 
not 
to 
exceed
$249,523,000 of such offsetting collections shall be avail-
able until expended for necessary expenses of this account:
Provided further, That the total amount appropriated for
fiscal year 1998 under this heading shall be reduced as
110
all such offsetting fees are deposited to this appropriation
so as to result in a final total fiscal year 1998 appropria-
tion from the General Fund estimated at not more than
$33,477,000: Provided further, That any such fees col-
lected in excess of $249,523,000 shall remain available
until expended but shall not be available for obligation
until October 1, 1998.
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 exceed $3,500 for official reception and representa-
tion expenses, $235,047,000: Provided, That the Adminis-
trator is authorized to charge fees to cover the cost of pub-
lications developed by the Administration, and certain loan
servicing activities: Provided further, That, notwithstand-
ing 31 U.S.C. 3302, revenues received from all such activi-
ties shall be credited to this account, to be available for
carrying out these purposes without further appropria-
tions: Provided further, That $75,500,000 shall be avail-
able to fund grants for performance in fiscal year 1998
or fiscal year 1999 as authorized by section 21 of the
Small Business Act, as amended.
111
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended (5 U.S.C. App. 1–11,
as amended by Public Law 100–504), $9,490,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $187,100,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000
shall remain available until September 30, 1999: Provided,
That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974: Provided further, That during
fiscal year 1998, commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958,
as amended, shall not exceed the amount of financings au-
thorized under section 20(n)(2)(B) of the Small Business
Act, as amended.
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 the cost of disaster loans and associated adminis-
trative expenses, $199,100,000, to remain available until
expended: Provided, That such costs for direct loans, in-
cluding the cost of modifying such loans, shall be as de-
112
fined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the amounts available
under this heading, $500,000 shall be transferred to and
merged with appropriations for the Office of Inspector
General of the Small Business Administration for audits
and reviews of disaster loans and the disaster loan pro-
gram.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business
Investment Act, as amended, $3,500,000, to remain avail-
able without fiscal year limitation as authorized by 15
U.S.C. 631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
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 between
such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under sec-
tion 605 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section.
113
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)), $3,000,000, to remain available until expended:
Provided, That not to exceed $2,500 shall be available for
official reception 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 procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting 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-
114
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be af-
fected 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 1998, 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
restricted; (4) relocates an office or employees; (5) reorga-
nizes offices, programs, or activities; or (6) contracts out
or privatizes any functions, or activities presently per-
formed by Federal employees; unless the Appropriations
Committees of both Houses of Congress are notified fif-
teen days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agen-
cies funded by this Act that remain available for obligation
or expenditure in fiscal year 1998, or provided from any
accounts in the Treasury of the United States derived by
115
the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogram-
ming of funds in excess of $500,000 or 10 percent, which-
ever 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 pro-
grams, activities, or projects as approved by Congress; un-
less the Appropriations Committees of both Houses of
Congress are notified fifteen days in advance of such re-
programming 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 Ad-
ministration in shipyards located outside of the United
States.
SEC. 607. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
116
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each Federal agency, to the greatest extent practicable,
shall provide to such entity a notice describing the state-
ment 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
agency that any person intentionally affixed a label bear-
ing 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 con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures 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
guidelines of the Equal Employment Opportunity Com-
mission 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
117
the Commission on October 1, 1993 (58 Fed. Reg.
51266).
SEC. 609. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay for any cost incurred for: (1) opening or
operating any United States diplomatic or consular post
in the Socialist Republic of Vietnam that was not operat-
ing on July 11, 1995; (2) expanding any United States
diplomatic or consular post in the Socialist Republic of
Vietnam that was operating on July 11, 1995; or (3) in-
creasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Repub-
lic of Vietnam above the levels existing on July 11, 1995,
unless the President certifies within 60 days, based upon
all information available to the United States Government
that the Government of the Socialist Republic of Vietnam
is cooperating in full faith with the United States in the
following four areas:
(1) Resolving discrepancy cases, live sightings
and field activities.
(2) Recovering and repatriating American re-
mains.
(3) Accelerating efforts to provide documents
that will help lead to fullest possible accounting of
POW/MIA’s.
118
(4) Providing further assistance in implement-
ing trilateral investigations with Laos.
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking
when it is made known to the Federal official having au-
thority to obligate or expend such funds: (1) that the Unit-
ed Nations undertaking is a peacekeeping mission; (2)
that such undertaking will involve United States Armed
Forces under the command or operational control of a for-
eign national; and (3) that the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national security inter-
ests of the United States and the President has not sub-
mitted to the Congress such a recommendation.
SEC. 611. 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,
119
karate, 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. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion (NOAA) under the heading ‘‘Fleet Modernization,
Shipbuilding and Conversion’’ may be used to implement
sections 603, 604, and 605 of Public Law 102–567.
SEC. 613. 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
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 appropria-
tions accounts as may be necessary to carry out this sec-
tion is provided in addition to authorities included else-
where 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 compli-
ance with the procedures set forth in that section.
120
SEC. 614. None of the funds made available in this
Act to the Federal Bureau of Prisons may be used to dis-
tribute or make available any commercially published in-
formation or material to a prisoner when it is made known
to the Federal official having authority to obligate or ex-
pend such funds that such information or material is sexu-
ally explicit or features nudity.
SEC. 615. Of the funds appropriated in this Act
under the heading ‘‘OFFICE OF JUSTICE PROGRAMS—
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE’’, not
more than ninety percent of the amount to be awarded
to an entity under the Local Law Enforcement Block
Grant shall be made available to such an entity when it
is made known to the Federal official having authority to
obligate or expend such funds that the entity that employs
a public safety officer (as such term is defined in section
1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968) does not provide such a public safety
officer who retires or is separated from service due to in-
jury suffered as the direct and proximate result of a per-
sonal injury sustained in the line of duty while responding
to an emergency situation or a hot pursuit (as such terms
are defined by State law) with the same or better level
of health insurance benefits that are paid by the entity
at the time of retirement or separation.
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SEC. 616. None of the funds made available in this
Act may be used to issue or renew a fishing permit or
authorization for any fishing vessel of the United States
greater than 165 feet in length or greater than 3,000
horsepower, as specified in the permit application required
under part 648.4(a)(5) of title 50, Code of Federal Regu-
lations, and the authorization required under part
648.8(d)(2) of title 50, Code of Federal Regulations, to
engage in fishing for Atlantic mackerel or herring (or
both) under the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
SEC. 617. ATTORNEYS FEES AND OTHER COSTS IN
CERTAIN CRIMINAL CASES.—During fiscal year 1997 and
in any fiscal year thereafter, the court, in any criminal
case (other than a case arising under chapter 47 of title
10, United States Code) pending on or after the date of
the enactment of this Act, shall award, and the United
States shall pay, to a prevailing party, other than the
United States, a reasonable attorney’s fee and other litiga-
tion costs, unless the court finds that the position of the
United States was substantially justified or that other spe-
cial circumstances make an award unjust. Such awards
shall be granted pursuant to the procedures and limita-
tions provided for an award under section 2412 of title
28, United States Code. Fees and other expenses awarded
122
under this provision to a party shall be paid by the agency
over which the party prevails from any funds made avail-
able to the agency by appropriation. No new appropria-
tions shall be made as a result of this provision.
SEC. 618. None of the funds provided by this Act
shall be available to promote the sale or export of tobacco
or tobacco products, or to seek the reduction or removal
by any foreign country of restrictions on the marketing
of tobacco or tobacco products, except for restrictions
which are not applied equally to all tobacco or tobacco
products of the same type.
SEC. 619. None of the funds made available in this
Act may be used to pay the expenses of an election officer
appointed by a court to oversee an election of any officer
or trustee for the International Brotherhood of Teamsters.
SEC. 620. None of the funds appropriated or other-
wise made available by this Act may be obligated or ex-
pended to pay the salary or expenses of any official or
employee of the Department of State to make or carry
out any contract authorizing any private entity to assess
a charge or fee upon United States citizens for informa-
tion about United States passports.
SEC. 621. None of the funds made available in this
Act may be used to conduct any study of the medicinal
use or legalization of marihuana or any other drug or sub-
123
stance in schedule I under part B of the Controlled Sub-
stances Act.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1998’’.
Passed the House of Representatives September 30,
1997.
Attest:
Clerk.