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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.
(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,
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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 Corporation. Any such action to debar a recipient
shall be instituted after the Corporation provides notice and
an opportunity for a hearing to the recipient.
(b) REGULATIONS.—The Legal Services Corporation
shall promulgate regulations to implement this section.
(c) GOOD CAUSE.—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);
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(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 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 Public Law 104–
134 (110 Stat. 1321–53 et seq.), section 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 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 Corporation, or any
agency or employee of a Federal, State, or local gov-
ernment, as a defendant.
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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 Services
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 written
form, upon request, and to the Legal Services Corporation
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-
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.
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SEC. 506. In establishing the income or assets of an
individual who is a victim of domestic violence, under sec-
tion 1007(a)(2) of the Legal Services Corporation Act (42
U.S.C. 2996f(a)(2)), to determine if the individual is eligi-
ble for legal assistance, a recipient described in such section
shall consider only the assets and income of the individual,
and shall not include any jointly held assets.
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, $1,185,000.
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,
$283,000,000, 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,
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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,
(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 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 fees are deposited to this appropriation so
as to result in a final total fiscal year 1998 appropriation
from the General Fund estimated at not more than
$33,477,000.
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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, $254,200,000, of which: $3,000,000 shall be avail-
able for a grant to Lackawanna County, Pennsylvania for
infrastructure development to assist in small business devel-
opment; $3,000,000 shall be available for a grant to the
NTTC at Wheeling Jesuit University to continue the out-
reach program to assist small business development;
$2,000,000 shall be for a grant to Western Carolina Univer-
sity to develop a facility to assist in small business and
rural economic development; $1,500,000 shall be available
for a grant to the State University of New York to develop
a facility and operate the Institute of Entrepreneurship for
small business and workforce development; $1,000,000 shall
be for a grant for the Genesis Small Business Incubator
Facility, Fayetteville, Arkansas; and $500,000 shall be
available for a continuation grant to the Center for Entre-
preneurial Opportunity in Greensburg, Pennsylvania, to
provide for small business consulting and assistance: Pro-
vided, That the Administrator is authorized to charge fees
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to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activi-
ties: 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 1998 or fiscal year 1999 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), $10,000,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $181,232,000, as au-
thorized 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 Congressional 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 authorized under sec-
tion 20(n)(2)(B) of the Small Business Act, as amended:
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Provided further, That during fiscal year 1998, commit-
ments for general business loans authorized under section
7(a) of the Small Business Act, as amended, shall not exceed
$10,000,000,000 without prior notification of the Commit-
tees on Appropriations of the House of Representatives and
Senate in accordance with section 605 of this Act.
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 direct loans authorized by section 7(b)
of the Small Business Act, as amended, $23,200,000, to re-
main available until expended: 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.
In addition, for administrative expenses to carry out
the direct loan program, $150,000,000, including not to ex-
ceed $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 shall be transferred to and merged with appropria-
tions for the Office of the Inspector General.
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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
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 in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this paragraph 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)),
$6,850,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
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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-
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 1998, or provided from
any accounts in the Treasury of the United States derived
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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-
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 1998, 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
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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.
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
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‘‘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
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 appropriated or otherwise
made available by this Act may be obligated or expended
to pay for any cost incurred for: (1) opening or operating
any United States diplomatic or consular post in the So-
cialist Republic of Vietnam that was not operating 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) increasing the total
number of personnel assigned to United States diplomatic
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or consular posts in the Socialist Republic of Vietnam above
the levels existing on July 11, 1995, unless the President
certifies within 60 days the following:
(A) Based upon all information available to the
United States Government, the Government of the So-
cialist Republic of Vietnam is fully cooperating in
good faith with the United States in the following:
(i) 
Resolving 
discrepancy 
cases, 
live
sightings, and field activities.
(ii) Recovering and repatriating American
remains.
(iii) Accelerating efforts to provide docu-
ments that will help lead to fullest possible ac-
counting of prisoners of war and missing in ac-
tion.
(iv) Providing further assistance in imple-
menting trilateral investigations with Laos.
(B) The remains, artifacts, eyewitness accounts,
archival material, and other evidence associated with
prisoners of war and missing in action recovered
from crash sites, military actions, and other locations
in Southeast Asia are being thoroughly analyzed by
the appropriate laboratories with the intent of provid-
ing surviving relatives with scientifically defensible,
legal determinations of death or other accountability
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that are fully documented and available in unclassi-
fied and unredacted form to immediate family mem-
bers.
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 authority
to obligate or expend such funds: (1) that the United Na-
tions undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under
the command or operational control of a foreign national;
and (3) that the President’s military advisors have not sub-
mitted to the President a recommendation that such in-
volvement is in the national security interests of the United
States and the President has not submitted 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, ka-
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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. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion (NOAA) under the headings ‘‘Operations, Research,
and Facilities’’ and ‘‘Procurement, Acquisition and Con-
struction’’ may be used to implement sections 603, 604, and
605 of Public Law 102–567: Provided, That NOAA may
develop a modernization plan for its fisheries research ves-
sels that takes fully into account opportunities for contract-
ing for fisheries surveys.
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 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
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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. 614. 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. 615. Of the funds appropriated in this Act under
the heading ‘‘OFFICE OF JUSTICE PROGRAMS—STATE AND
LOCAL LAW ENFORCEMENT ASSISTANCE’’, not more than 90
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 injury suffered as the direct
and proximate result of a personal 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)
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with the same or better level of health insurance benefits
that are paid by the entity at the time of retirement or
separation.
SEC. 616. (a) None of the funds made available in this
Act may be used to issue or renew a fishing permit or au-
thorization for any fishing vessel of the United States great-
er than 165 feet in registered length or of more than 750
gross registered tons, and that has an engine or engines ca-
pable of producing a total of more than 3,000 shaft horse-
power—
(1) as specified in the permit application re-
quired under part 648.4(a)(5) of title 50, Code of
Federal Regulations, part 648.12 of title 50, Code of
Federal Regulations, and the authorization required
under part 648.80(d)(2) of title 50, Code of Federal
Regulations, to engage in fishing for Atlantic mack-
erel or herring (or both) under the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.); or
(2) that would allow such a vessel to engage in
the catching, taking, or harvesting of fish in any
other fishery within the exclusive economic zone of the
United States (except territories), unless a certificate
of documentation had been issued for the vessel and
endorsed with a fishery endorsement that was effective
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on September 25, 1997 and such fishery endorsement
was not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or re-
newed prior to the date of the enactment of this Act for
a fishing vessel to which the prohibition in subsection (a)(1)
applies that would allow such vessel to engage in fishing
for Atlantic mackerel or herring (or both) during fiscal year
1998 shall be null and void, and none of the funds made
available in this Act may be used to issue a fishing permit
or authorization that would allow a vessel whose permit or
authorization was made null and void pursuant to this sub-
section to engage in the catching, taking, or harvesting of
fish in any other fishery within the exclusive economic zone
of the United States.
SEC. 617. During fiscal year 1998 and in any fiscal
year thereafter, the court, in any criminal case (other than
a case in which the defendant is represented by assigned
counsel paid for by the public) pending on or after the date
of the enactment of this Act, may award to a prevailing
party, other than the United States, a reasonable attorney’s
fee and other litigation expenses, where the court finds that
the position of the United States was vexatious, frivolous,
or in bad faith, unless the court finds that special cir-
cumstances make such an award unjust. Such awards shall
be granted pursuant to the procedures and limitations (but
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not the burden of proof) provided for an award under sec-
tion 2412 of title 28, United States Code. To determine
whether or not to award fees and costs under this section,
the court, for good cause shown, may receive evidence ex
parte and in camera (which shall include the submission
of classified evidence or evidence that reveals or might reveal
the identity of an informant or undercover agent or matters
occurring before a grand jury) and evidence or testimony
so received shall be kept under seal. Fees and other expenses
awarded under this provision to a party shall be paid by
the agency over which the party prevails from any funds
made available to the agency by appropriation. No new ap-
propriations 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 to-
bacco 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.
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SEC. 620. 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.
SEC. 621. 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;
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(3) 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;
(4) 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
(5) has been credibly alleged to have been a
member of the paramilitary organization known as
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
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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.
(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-
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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 and the Committee on Appropria-
tions of the House of Representatives and the Committee
on Foreign Relations and the Committee on Appropriations
of the Senate.
SEC. 622. Section 3006 of the Balanced Budget Act
of 1997 (Public Law 105–33; 111 Stat. 251, 269) is hereby
repealed. This section shall be deemed a section of the Bal-
anced Budget Act of 1997 for the purposes of section 10213
of that Act (111 Stat. 712), and shall be scored pursuant
to paragraph (2) of such section.
SEC. 623. (a) REPORT ON UNIVERSAL SERVICE UNDER
THE TELECOMMUNICATIONS ACT OF 1996.—The Federal
Communications Commission shall undertake a review of
the implementation by the Commission of the provisions of
the Telecommunications Act of 1996 (Public Law 104–104)
relating to universal service. Such review shall be completed
and submitted to the Congress no later than April 10, 1998.
(b) The report required under subsection (a) shall pro-
vide a detailed description of the extent to which the Com-
mission interpretations reviewed under paragraphs (1)
through (5) are consistent with the plain language of the
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any exemption of providers or exclusion of any service
that includes telecommunications from such require-
ment or support mechanisms;
(4) who is eligible under sections 254(e),
254(h)(1), and 254(h)(2) of the Communications Act
of 1934 (47 U.S.C. 254(e), 254(h)(1), and 254(h)(2))
to receive specific federal universal service support for
the provision of universal service, and the consistency
with which the Commission has interpreted each of
those provisions of section 254; and
(5) the Commission’s decisions regarding the
percentage of universal service support provided by
federal mechanisms and the revenue base from which
such support is derived.
SEC. 624. Section 6(d)(1) of the National Foundation
on the Arts and the Humanities Act of 1965 (20 U.S.C.
955(d)(1)) is amended by striking the word ‘‘fourteen’’ and
inserting in lieu thereof ‘‘eight’’.
SEC. 625. (a) Section 814(g)(1) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 2291 note) is amended by striking ‘‘$325,000’’ and
inserting ‘‘$370,000’’.
(b) Section 814(i) of such section is amended by strik-
ing ‘‘September 30, 1997’’ and inserting ‘‘September 30,
1999’’.
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SEC. 626. In addition to amounts otherwise made
available for payment of obligations in carrying out 49
U.S.C. 5338(a), $50,000,000 shall remain available until
expended and to be derived from the Highway Trust Fund:
Provided, That $50,000,000 shall be paid from the Mass
Transit Account of the Highway Trust Fund to the Federal
Transit Administration’s formula grants account: Provided
further, That subsection (c) of section 337 of the Department
of Transportation and Related Agencies Appropriations
Act, 1998 is amended by inserting after ‘‘House and Senate
Committees on Appropriations’’, the following: ‘‘and the
Senate Committee on Commerce, Science, and Transpor-
tation’’.
SEC. 627. (a) Section 501(c)(4) of the District of Co-
lumbia Police and Firemen’s Act of 1958, (District of Co-
lumbia Code, section 4–416(c)(4)), is amended by striking
‘‘locality pay’’ and inserting ‘‘longevity pay’’.
(b) The amendment made by section (a) is effective on
the date of enactment of Public Law 105–61.
SEC. 628. Section 19(a) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2718(a)) is amended to read as fol-
lows:
‘‘(a) Subject to section 18, there are authorized to be
appropriated, for fiscal year 1998, and for each fiscal year
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thereafter, an amount equal to the amount of funds derived
from the assessments authorized by section 18(a).’’.
SEC. 629. (a) IN GENERAL.—The Secretary of Energy
shall—
(1) convey, without consideration, to the Incor-
porated County of Los Alamos, New Mexico (in this
section referred to as the ‘‘County’’), or to the designee
of the County, fee title to the parcels of land that are
allocated for conveyance to the County in the agree-
ment under subsection (e); and
(2) transfer to the Secretary of the Interior, in
trust for the Pueblo of San Ildefonso (in this section
referred to as the ‘‘Pueblo’’), administrative jurisdic-
tion over the parcels that are allocated for transfer to
the Secretary of the Interior in such agreement.
(b) PRELIMINARY IDENTIFICATION OF PARCELS OF
LAND FOR CONVEYANCE OR TRANSFER.—(1) Not later than
90 days after the date of enactment of this Act, the Sec-
retary of Energy shall submit to the congressional defense
committees a report identifying the parcels of land under
the jurisdiction or administrative control of the Secretary
at or in the vicinity of Los Alamos National Laboratory
that are suitable for conveyance or transfer under this sec-
tion.
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(2) A parcel is suitable for conveyance or transfer for
purposes of paragraph (1) if the parcel—
(A) is not required to meet the national security
mission of the Department of Energy or will not be
required for that purpose before the end of the 10-year
period beginning on the date of enactment of this Act;
(B) is likely to be conveyable or transferable, as
the case may be, under this section not later than the
end of such period; and
(C) is suitable for use for a purpose specified in
subsection (h).
(c) REVIEW OF TITLE.—(1) Not later than one year
after the date of enactment of this Act, the Secretary shall
submit to the congressional defense committees a report set-
ting forth the results of a title search on each parcel of land
identified as suitable for conveyance or transfer under sub-
section (b), including an analysis of any claims against or
other impairments to the fee title to each such parcel.
(2) In the period beginning on the date of the comple-
tion of the title search with respect to a parcel under para-
graph (1) and ending on the date of the submittal of the
report under that paragraph, the Secretary shall take ap-
propriate actions to resolve the claims against or other im-
pairments, if any, to fee title that are identified with respect
to the parcel in the title search.
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(d) ENVIRONMENTAL RESTORATION.—(1) Not later
than 21 months after the date of enactment of this Act, the
Secretary shall—
(A) identify the environmental restoration or re-
mediation, if any, that is required with respect to
each parcel of land identified under subsection (b) to
which the United States has fee title;
(B) carry out any review of the environmental
impact of the conveyance or transfer of each such par-
cel that is required under the provisions of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(C) submit to Congress a report setting forth the
results of the activities under subparagraphs (A) and
(B).
(2) If the Secretary determines under paragraph (1)
that a parcel described in paragraph (1)(A) requires envi-
ronmental restoration or remediation, the Secretary shall,
to the maximum extent practicable, complete the environ-
mental restoration or remediation of the parcel not later
than 10 years after the date of enactment of this Act.
(e) AGREEMENT FOR ALLOCATION OF PARCELS.—As
soon as practicable after completing the review of titles to
parcels of land under subsection (c), but not later than 90
days after the submittal of the report under subsection
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(d)(1)(C), the County and the Pueblo shall submit to the
Secretary an agreement between the County and the Pueblo
which allocates between the County and the Pueblo the par-
cels identified for conveyance or transfer under subsection
(b).
(f) PLAN FOR CONVEYANCE AND TRANSFER.—(1) Not
later than 90 days after the date of the submittal to the
Secretary of Energy of the agreement under subsection (e),
the Secretary shall submit to the congressional defense com-
mittees a plan for conveying or transferring parcels of land
under this section in accordance with the allocation speci-
fied in the agreement.
(2) The plan under paragraph (1) shall provide for
the completion of the conveyance or transfer of parcels
under this section not later than 9 months after the date
of the submittal of the plan under that paragraph.
(g) CONVEYANCE OR TRANSFER.—(1) Subject to para-
graphs (2) and (3), the Secretary shall convey or transfer
parcels of land in accordance with the allocation specified
in the agreement submitted to the Secretary under sub-
section (e).
(2) In the case of a parcel allocated under the agree-
ment that is not available for conveyance or transfer in ac-
cordance with the requirement in subsection (f)(2) by reason
of its requirement to meet the national security mission of
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the Department, the Secretary shall convey or transfer the
parcel, as the case may be, when the parcel is no longer
required for that purpose.
(3)(A) In the case of a parcel allocated under the agree-
ment that is not available for conveyance or transfer in ac-
cordance with such requirement by reason of requirements
for environmental restoration or remediation, the Secretary
shall convey or transfer the parcel, as the case may be, upon
the completion of the environmental restoration or remedi-
ation that is required with respect to the parcel.
(B) If the Secretary determines that environmental
restoration or remediation cannot reasonably be expected
to be completed with respect to a parcel by the end of the
10-year period beginning on the date of enactment of this
Act, the Secretary shall not convey or transfer the parcel
under this section.
(h) USE OF CONVEYED OR TRANSFERRED LAND.—The
parcels of land conveyed or transferred under this section
shall be used for historic, cultural, or environmental preser-
vation purposes, economic diversification purposes, or com-
munity self-sufficiency purposes.
(i) TREATMENT OF CONVEYANCES AND TRANSFERS.—
(1) The purpose of the conveyances and transfers under this
section is to fulfill the obligations of the United States with
respect to Los Alamos National Laboratory, New Mexico,
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under sections 91 and 94 of the Atomic Energy Community
Act of 1955 (42 U.S.C. 2391, 2394).
(2) Upon the completion of the conveyance or transfer
of the parcels of land available for conveyance or transfer
under this section, the Secretary shall make no further pay-
ments with respect to Los Alamos National Laboratory
under section 91 or section 94 of the Atomic Energy Com-
munity Act of 1955.
(j) REPEAL
OF SUPERSEDED PROVISION.—In the
event of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 1998 by reason of the approval
of the President of the conference report to accompany the
bill (H.R.1119) of the 105th Congress, section 3165 of such
Act is repealed.
SEC. 630. (a) Section 6906 of title 31, United States
Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Necessary’’; and
(2) by adding at the end the following:
‘‘(b) LOCAL EXEMPTIONS FROM USER FEES DUE TO
INSUFFICIENT APPROPRIATIONS.—
‘‘(1) IN GENERAL.—Unless sufficient funds are
appropriated for a fiscal year to provide full pay-
ments under this chapter to each unit of general local
government that lies in whole or in part within the
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White Mountain National Forest and is eligible for
the payments, persons residing within the boundaries
of that unit of general local government shall be ex-
empt during that fiscal year from any requirement to
pay a Demonstration Program Fee (parking permit
or passport) imposed by the Secretary of Agriculture
for access to the Forest.
‘‘(2) ADMINISTRATION.—The Secretary of Agri-
culture shall establish a method of identifying persons
who are exempt from requirements to pay user fees
under paragraph (1).’’.
SEC. 631. Section 512(b) of Public Law 105–61 is
amended by adding before the period: ‘‘unless the President
announced his intent to nominate the individual prior to
November 30, 1997’’.
SEC. 632. Transfers of Unobligated Highway Appor-
tionments. (a) IN GENERAL.—Notwithstanding any other
provision of law, for fiscal year 1998, a State may transfer
any funds apportioned to the State for any program under
section 104 (including amounts apportioned under section
104(b)(3) or set aside or suballocated under section 133(d)),
144, or 402 of title 23, United States Code, granted to the
State for any program under section 410 of that title, or
allocated to the State for any program under chapter 311
of title 49, United States Code, that are subject to any limi-
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tation on obligations, and that are not obligated, to any
other of those programs.
(b) TREATMENT
OF
TRANSFERRED
FUNDS.—Any
funds transferred to another program under subsection (a)
shall be subject to the provisions of the program to which
the funds are transferred, except that funds transferred to
the surface transportation program under section 133 of
title 23, United States Code, other than paragraphs (1) and
(2) of section 133(d) of that title, shall not be subject to
section 133(d) of that title.
(c) RESTORATION OF APPORTIONMENTS.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of a law reauthorizing the Fed-
eral-aid highway program enacted after the date of
enactment of this Act, the Secretary of Transportation
(referred to in this section as the ‘‘Secretary’’) shall
restore any funds that a State transferred under sub-
section (a) for any project not eligible for the funds
but for this section to the program category from
which the funds were transferred.
(2) PROGRAM CATEGORY RECONCILIATION.—The
Secretary may establish procedures under which
funds transferred under subsection (a) from a pro-
gram category for which funds are no longer author-
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ized may be restored to the Federal-aid highway pro-
gram.
(d) LIMITATION ON OBLIGATIONS.—
(1) IN GENERAL.—The Secretary shall allocate to
a State an amount of obligation authority made
available under the Department of Transportation
and Related Agencies Appropriations Act, 1998 (Pub-
lic Law 105–66; 111 Stat. 1425), that is not greater
than 75 percent of the State’s total fiscal year 1997
obligation authority for funds apportioned for the
Federal-aid highway program until the earlier of—
(A) such time as a multiyear law reauthor-
izing the Federal-aid highway program has been
enacted; or
(B) July 1, 1998.
(2) CONTRACT AUTHORITY.—No contract author-
ity made available to the States before July 1, 1998,
shall be obligated after that date until such time as
a multiyear law reauthorizing the Federal-aid high-
way program has been enacted.
(e) GUIDANCE.—The Secretary may issue guidance for
use in carrying out this section.
SEC. 633. ADMINISTRATIVE EXPENSES FOR FEDERAL-
AID HIGHWAY PROGRAM
AND BUREAU
OF TRANSPOR-
TATION STATISTICS. (a) AUTHORITY TO BORROW.—
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(1) FROM UNOBLIGATED FUNDS AVAILABLE FOR
DISCRETIONARY
ALLOCATIONS.—If unobligated bal-
ances of funds deducted by the Secretary of Transpor-
tation (referred to in this section as the ‘‘Secretary’’)
under section 104(a) of title 23, United States Code,
for administrative and research expenses of the Fed-
eral-aid highway program are insufficient to pay
those expenses and the amounts necessary for oper-
ation of the Bureau of Transportation Statistics for
fiscal year 1998, the Secretary may borrow to pay
those 
expenses 
and 
amounts 
not 
to 
exceed
$211,000,000 from unobligated funds available to the
Secretary for discretionary allocations.
(2) FROM CERTAIN UNOBLIGATED BALANCES.—If
unobligated funds available to the Secretary for dis-
cretionary allocations are insufficient for the purposes
described in paragraph (1), the Secretary may borrow
for those purposes not to exceed $211,000,000 from the
unobligated balances of funds apportioned or allo-
cated to the States for the Federal-aid highway pro-
gram.
(b) REQUIREMENT TO REIMBURSE.—Funds borrowed
under subsection (a) shall be reimbursed from amounts
made available to the Secretary under section 104(a) of title
23, United States Code, as soon as practicable after the date
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of enactment of a law reauthorizing the Federal-aid high-
way program enacted after the date of enactment of this
Act.
SEC. 634. EXTENSION OF FEDERAL TRANSIT PRO-
GRAMS. (a) Title III of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2087–2140) is
amended by adding at the end the following:
‘‘SEC. 3049. EXTENSION OF FEDERAL TRANSIT PROGRAMS
FOR 
THE 
PERIOD 
OF 
OCTOBER 
1, 
1997,
THROUGH MARCH 31, 1998.
‘‘(a) ALLOCATING AMOUNTS.—Section 5309(m)(1) of
title 49, United States Code, is amended by inserting ‘, and
for the period of October 1, 1997, through March 31, 1998’
after ‘1997’.
‘‘(b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED
GUIDEWAY MODERNIZATION.—Section 5337 of title 49,
United States Code, is amended—
‘‘(1) in subsection (a), by inserting ‘and for the
period of October 1, 1997, through March 31, 1998,’
after ‘1997,’; and
‘‘(2) by adding at the end the following:
‘‘ ‘(e) SPECIAL RULE FOR OCTOBER 1, 1997, THROUGH
MARCH 31, 1998.—The Secretary shall determine the
amount that each urbanized area is to be apportioned for
fixed guideway modernization under this section on a pro
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rata basis to reflect the partial fiscal year 1998 funding
made available by section 5338(b)(1)(F).’.
‘‘(c) AUTHORIZATIONS.—Section 5338 of title 49,
United States Code, is amended—
‘‘(1) in subsection (a)—
‘‘(A) in paragraph (1), by adding at the
end the following:
‘‘ ‘(F) $1,349,395,000 for the period of October 1,
1997, through March 31, 1998.’; and
‘‘(B) in paragraph (2), by adding at the
end the following:
‘‘ ‘(F) $369,000,000 for the period of October 1,
1997, through March 31, 1998.’;
‘‘(2) in subsection (b)(1), by adding at the end
the following:
‘‘ ‘(F) $1,110,605,000 for the period of October 1,
1997, through March 31, 1998.’;
‘‘(3) in subsection (c), by inserting ‘and not
more than $1,500,000 for the period of October 1,
1997, through March 31, 1998,’ after ‘1997,’;
‘‘(4) in subsection (e), by inserting ‘and not
more than $3,000,000 is available from the Fund (ex-
cept the Account) for the Secretary for the period of
October 1, 1997, through March 31, 1998,’ after
‘1997,’;
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‘‘(5) in subsection (h)(3), by inserting ‘and
$3,000,000 is available for section 5317 for the period
of October 1, 1997, through March 31, 1998’ after
‘1997’;
‘‘(6) in subsection (j)(5)—
‘‘(A) in subparagraph (B), by striking ‘and’
at the end;
‘‘(B) in subparagraph (C), by striking the
period at the end and inserting ‘; and’; and
‘‘(C) by adding at the end the following:
‘‘ ‘(D) the lesser of $1,500,000 or an amount
that the Secretary determines is necessary is
available to carry out section 5318 for the period
of October 1, 1997, through March 31, 1998.’;
‘‘(7) in subsection (k), by striking ‘or (e)’ and
inserting ‘(e), or (m)’; and
‘‘(8) by adding at the end the following:
‘‘ ‘(m) SECTION 5316 FOR THE PERIOD OF OCTOBER
1, 1997, THROUGH MARCH 31, 1998.—Not more than the
following amounts may be appropriated to the Secretary
from the Fund (except the Account) for the period of October
1, 1997, through March 31, 1998:
‘‘ ‘(1) $125,000 to carry out section 5316(a).
‘‘ ‘(2) $1,500,000 to carry out section 5316(b).
‘‘ ‘(3) $500,000 to carry out section 5316(c).
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‘‘ ‘(4) $500,000 to carry out section 5316(d).
‘‘ ‘(5) $500,000 to carry out section 5316(e).’.’’.
(b) BUDGET SCOREKEEPING.—For purposes of the
Congressional Budget Act of 1974, as amended, the Bal-
anced Budget and Emergency Deficit Control Act, as
amended, and the Budget Enforcement Act of 1997, as
amounts provided or otherwise made available in this sec-
tion shall be treated as ‘‘direct spending’’ in an authoriza-
tion Act.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing on September 30, 1997, $100,000,000 are rescinded.
TITLE VIII—EMERGENCY SUPPLEMENTAL
APPROPRIATIONS
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For an additional amount for ‘‘Operations, Research,
and Facilities’’; for emergency expenses to provide disaster
assistance pursuant to section 312(a) of the Magnuson-Ste-
vens Fishery Conservation and Management Act for the
Bristol Bay and Kuskokwim areas of Alaska, $7,000,000
to remain available until expended: Provided, That the en-
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tire amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That the entire amount shall
be available only to the extent that the Secretary of Com-
merce transmits a determination that there is a commercial
fishery failure.
This division may be cited as the ‘‘Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1998’’.
DIVISION C—FOREIGN OPERATIONS, EXPORT FI-
NANCING, AND RELATED PROGRAMS APPRO-
PRIATIONS ACT, 1998
The following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for for-
eign operations, export financing, and related programs for
the fiscal year ending September 30, 1998, and for other
purposes, to be effective as if it had been enacted into law
as the regular appropriations Act, namely:
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK OF THE UNITED STATES
The Export-Import Bank of the United States is au-
thorized to make such expenditures within the limits of
funds and borrowing authority available to such corpora-
tion, and in accordance with law, and to make such con-
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tracts and commitments without regard to fiscal year limi-
tations, as provided by section 104 of the Government Cor-
poration Control Act, as may be necessary in carrying out
the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the cur-
rent fiscal year may be used to make expenditures, con-
tracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country other than a nuclear-
weapon State as defined in Article IX of the Treaty on the
Non-Proliferation of Nuclear Weapons eligible to receive
economic or military assistance under this Act that has det-
onated a nuclear explosive after the date of enactment of
this Act.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Ex-
port-Import Bank Act of 1945, as amended, $683,000,000
to remain available until September 30, 2001: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974: Provided further, That such sums shall re-
main available until 2013 for the disbursement of direct
loans, loan guarantees, insurance and tied-aid grants obli-
gated in fiscal years 1998 and 1999: Provided further, That
up to $50,000,000 of funds appropriated by this paragraph
shall remain available until expended and may be used for
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tied-aid grant purposes: Provided further, That none of the
funds appropriated by this Act or any prior Act appro-
priating funds for foreign operations, export financing, or
related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notifica-
tion procedures of the Committees on Appropriations: Pro-
vided further, That funds appropriated by this paragraph
are made available notwithstanding section 2(b)(2) of the
Export-Import Bank Act of 1945, in connection with the
purchase or lease of any product by any East European
country, any Baltic State, or any agency or national there-
of.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct
and guaranteed loan and insurance programs (to be com-
puted on an accrual basis), including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109,
and not to exceed $20,000 for official reception and rep-
resentation expenses for members of the Board of Directors,
$48,614,000: Provided, That necessary expenses (including
special services performed on a contract or fee basis, but
not including other personal services) in connection with
the collection of moneys owed the Export-Import Bank, re-
possession or sale of pledged collateral or other assets ac-
quired by the Export-Import Bank in satisfaction of mon-
eys owed the Export-Import Bank, or the investigation or
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appraisal of any property, or the evaluation of the legal
or technical aspects of any transaction for which an appli-
cation for a loan, guarantee or insurance commitment has
been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall re-
main in effect until October 1, 1998.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is au-
thorized to make, without regard to fiscal year limitations,
as provided by 31 U.S.C. 9104, such expenditures and com-
mitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That
the amount available for administrative expenses to carry
out the credit and insurance programs (including an
amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed
$32,000,000: Provided further, That project-specific trans-
action costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for
the purposes of this heading.
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PROGRAM ACCOUNT
For the cost of direct and guaranteed loans,
$60,000,000, as authorized by section 234 of the Foreign
Assistance Act of 1961 to be derived by transfer from the
Overseas Private Investment Corporation noncredit ac-
count: Provided, That such costs, including the cost of modi-
fying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal
years 1998 and 1999: Provided further, That such sums
shall remain available through fiscal year 2006 for the dis-
bursement of direct and guaranteed loans obligated in fiscal
year 1998, and through fiscal year 2007 for the disburse-
ment of direct and guaranteed loans obligated in fiscal year
1999: Provided further, That in addition, such sums as may
be necessary for administrative expenses to carry out the
credit program may be derived from amounts available for
administrative expenses to carry out the credit and insur-
ance programs in the Overseas Private Investment Corpora-
tion Noncredit Account and merged with said account.
FUNDS APPROPRIATED TO THE PRESIDENT
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
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$41,500,000, to remain available until September 30, 1999:
Provided, That the Trade and Development Agency may re-
ceive reimbursements from corporations and other entities
for the costs of grants for feasibility studies and other
project planning services, to be deposited as an offsetting
collection to this account and to be available for obligation
until September 30, 1999, for necessary expenses under this
paragraph: Provided further, That such reimbursements
shall not cover, or be allocated against, direct or indirect
administrative costs of the agency.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
For expenses necessary to enable the President to carry
out the provisions of the Foreign Assistance Act of 1961,
and for other purposes, to remain available until September
30, 1998, unless otherwise specified herein, as follows:
AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND DISEASE PROGRAMS FUND
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961, for child survival, basic education, assistance to
combat tropical and other diseases, and related activities,
in addition to funds otherwise available for such purposes,
$650,000,000, to remain available until expended: Pro-
vided, That this amount shall be made available for such
activities as: (1) immunization programs; (2) oral rehydra-
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tion programs; (3) health and nutrition programs, and re-
lated education programs, which address the needs of moth-
ers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) pro-
grams for the prevention, treatment, and control of, and
research on, tuberculosis, HIV/AIDS, polio, malaria and
other diseases; (7) up to $98,000,000 for basic education
programs for children; and (8) a contribution on a grant
basis to the United Nations Children’s Fund (UNICEF)
pursuant to section 301 of the Foreign Assistance Act of
1961.
AGENCY FOR INTERNATIONAL DEVELOPMENT
DEVELOPMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
sections 103 through 106 and chapter 10 of part I of the
Foreign Assistance Act of 1961, title V of the International
Security and Development Cooperation Act of 1980 (Public
Law 96–533) and the provisions of section 401 of the For-
eign Assistance Act of 1969, $1,210,000,000, to remain
available until September 30, 1999: Provided, That of the
amount 
appropriated 
under 
this 
heading, 
up 
to
$22,000,000 may be made available for the Inter-American
Foundation and shall be apportioned directly to that Agen-
cy: Provided further, That of the amount appropriated
under this heading, up to $14,000,000 may be made avail-
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‘‘SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES
PROVIDED BY THE UNITED STATES TO THE
UNITED NATIONS.
‘‘(a) REQUIREMENT TO OBTAIN REIMBURSEMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the President shall seek and obtain in a
timely fashion a commitment from the United Na-
tions to provide reimbursement to the United States
from the United Nations whenever the United States
Government furnishes assistance pursuant to the pro-
visions of law described in subsection (c)—
‘‘(A) to the United Nations when the assist-
ance is designed to facilitate or assist in carry-
ing out an assessed peacekeeping operation;
‘‘(B) for any United Nations peacekeeping
operation that is authorized by the United Na-
tions Security Council under Chapter VI or
Chapter VII of the United Nations Charter and
paid for by peacekeeping or regular budget as-
sessment of the United Nations members; or
‘‘(C) to any country participating in any
operation authorized by the United Nations Se-
curity Council under Chapter VI or Chapter VII
of the United Nations Charter and paid for by
peacekeeping assessments of United Nations
members when the assistance is designed to fa-