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for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act, as amended, including services as authorized
by 5 U.S.C. 3109, hire of passenger motor vehicles,
$960,000; and in addition, not to exceed $8,645,000 for
administrative expenses to audit the Office of Personnel
Management’s retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office
of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is author-
ized to rent conference rooms in the District of Columbia
and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES
HEALTH BENEFITS
For payment of Government contributions with re-
spect to retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired Federal
Employees Health Benefits Act (74 Stat. 849), as amend-
ed, such sums as may be necessary.
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GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE
LIFE INSURANCE
For payment of Government contributions with re-
spect to employees retiring after December 31, 1989, as
required by chapter 87 of title 5, United States Code, such
sums as may be necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND
DISABILITY FUND
For financing the unfunded liability of new and in-
creased annuity benefits becoming effective on or after Oc-
tober 20, 1969, as authorized by 5 U.S.C. 8348, and an-
nuities under special Acts to be credited to the Civil Serv-
ice Retirement and Disability Fund, such sums as may
be necessary: Provided, That annuities authorized by the
Act of May 29, 1944, as amended, and the Act of August
19, 1950, as amended (33 U.S.C. 771–75), may hereafter
be paid out of the Civil Service Retirement and Disability
Fund.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the
Office of Special Counsel pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of
1978 (Public Law 95–454), the Whistleblower Protection
Act of 1989 (Public Law 101–12), Public Law 103–424,
and the Uniformed Services Employment and Reemploy-
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ment Act of 1994 (Public Law 103–353), including serv-
ices as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the
District of Columbia and elsewhere, and hire of passenger
motor vehicles; $8,116,000.
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting
and other services as authorized by 5 U.S.C. 3109,
$33,921,000: Provided, That travel expenses of the judges
shall be paid upon the written certificate of the judge.
This title may be cited as the ‘‘Independent Agencies
Appropriations Act, 1998’’.
TITLE V—GENERAL PROVISIONS
THIS ACT
SEC. 501. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 502. The expenditure of any appropriation
under this Act for any consulting service through 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.
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SEC. 503. None of the funds made available by this
Act shall be available for any activity or for paying the
salary of any Government employee where funding an ac-
tivity or paying a salary to a Government employee would
result in a decision, determination, rule, regulation, or pol-
icy that would prohibit the enforcement of section 307 of
the Tariff Act of 1930.
SEC. 504. None of the funds made available by this
Act shall be available in fiscal year 1998 and hereafter,
for the purpose of transferring control over the Federal
Law Enforcement Training Center located at Glynco,
Georgia, and Artesia, New Mexico, out of the Treasury
Department.
SEC. 505. No part of any appropriation contained in
this Act shall be available for the payment of the salary
of any officer or employee of the Federal Government,
who—
(1) prohibits or prevents, or attempts or threat-
ens to prohibit or prevent, any other officer or em-
ployee of the Federal Government from having any
direct oral or written communication or contact with
any Member, committee, or subcommittee of the
Congress in connection with any matter pertaining
to the employment of such other officer or employee
or pertaining to the department or agency of such
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other officer or employee in any way, irrespective of
whether such communication or contact is at the ini-
tiative of such other officer or employee or in re-
sponse to the request or inquiry of such Member,
committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion
to, relocates, reassigns, transfers, disciplines, or dis-
criminates in regard to any employment right, enti-
tlement, or benefit, or any term or condition of em-
ployment of, any other officer or employee of the
Federal Government, or attempts or threatens to
commit any of the foregoing actions with respect to
such other officer or employee, by reason of any
communication or contact of such other officer or
employee with any Member, committee, or sub-
committee of the Congress as described in paragraph
(1).
SEC. 506. The Office of Personnel Management may,
during the fiscal year ending September 30, 1998, and
hereafter, accept donations of supplies, services, land, and
equipment for the Federal Executive Institute and Man-
agement Development Centers to assist in enhancing the
quality of Federal management.
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SEC. 507. No part of any appropriation contained in
this Act shall be available to pay the salary for any person
filling a position, other than a temporary position, for-
merly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily com-
pleted his period of active military or naval service and
has within 90 days after his release from such service or
from hospitalization continuing after discharge for a pe-
riod of not more than 1 year made application for restora-
tion to his former position and has been certified by the
Office of Personnel Management as still qualified to per-
form the duties of his former position and has not been
restored thereto.
SEC. 508. No funds appropriated pursuant to this
Act may be expended by an entity unless the entity agrees
that in expending the assistance the entity will comply
with sections 2 through 4 of the Act of March 3, 1933
(41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer-
ican Act’’).
SEC. 509. (a) PURCHASE
OF
AMERICAN-MADE
EQUIPMENT AND PRODUCTS.—In the case of any equip-
ment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assist-
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ance should, in expending the assistance, purchase only
American-made equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the Sec-
retary of the Treasury shall provide to each recipient of
the assistance a notice describing the statement made in
subsection (a) by the Congress.
SEC. 510. If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ‘‘Made in America’’ inscription, or any in-
scription with the same meaning, to any product sold in
or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive
any contract or subcontract made with funds provided
pursuant to this Act, pursuant to the debarment, suspen-
sion, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 511. Except as otherwise specifically provided
by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 1998 from
appropriations made available for salaries and expenses
for fiscal year 1998 in this Act, shall remain available
through September 30, 1999, for each such account for
the purposes authorized: Provided, That a request shall
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be submitted to the House and Senate Committees on Ap-
propriations for approval prior to the expenditure of such
funds.
SEC. 512. None of the funds made available in this
Act may be used by the Executive Office of the President
to request from the Federal Bureau of Investigation any
official background investigation report on any individual,
except when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that—
(1) such individual has given his or her express
written consent for such request not more than 6
months prior to the date of such request and during
the same presidential administration; or
(2) such request is required due to extraor-
dinary circumstances involving national security.
SEC. 513. Notwithstanding any other provision of
law, no part of any appropriation contained or otherwise
made available in this Act for any fiscal year shall be avail-
able for paying Sunday premium or night differential pay
to any employee unless such employee actually performed
work during the time corresponding to such premium or
differential pay, except that differential pay may be paid
to an employee in a paid leave status if that employee is
permanently assigned to work a shift entitled to such pay
and has been in night differential pay status for a mini-
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mum of 26 weeks immediately prior to the date of paid
leave.
SEC. 514. In addition to any other amount appro-
priated for the salaries and expenses of the Federal Elec-
tion Commission in this Act, for necessary expenses of the
Commission for internal automated data processing sys-
tems, $4,200,000, to remain available until expended ex-
cept that such amount shall not be available for obligation
until the conditions set forth in section 515(a) (requiring
the filling of Commission vacancies and prohibiting the re-
appointment of Commission members) have been satisfied.
SEC. 515. (a) CONDITIONS ON ADDITIONAL FUNDS
FOR FEC.—The additional amount provided in this Act
under the heading ‘‘Federal Election Commission—Sala-
ries and Expenses’’ for internal automated data process-
ing systems of the Federal Election Commission shall not
be available for obligation until—
(1) all vacancies that existed in the membership
of the Commission as of July 15, 1997, have been
filled; and
(2) there is enacted into law a prohibition on
the reappointment of members of the Commission.
(b) PROHIBITING REAPPOINTMENT OF MEMBERS OF
FEDERAL ELECTION COMMISSION.—
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(1) IN GENERAL.—Section 306(a)(2)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
437c(a)(2)(A)) is amended by striking ‘‘for terms of
6 years’’ and inserting ‘‘for a single term of 6
years’’.
(2) EFFECTIVE DATE; TRANSITION RULE.—
(A) IN GENERAL.—The amendment made
by paragraph (1) shall apply with respect to in-
dividuals appointed as members of the Federal
Election Commission on or after the date of the
enactment of this Act.
(B) TREATMENT
OF
CURRENT
COMMIS-
SIONERS.—No individual serving as a member
of the Federal Election Commission as of the
date of the enactment of this Act may be re-
appointed as a member of the Commission after
the expiration of the individual’s current term
of service.
(3) 
COORDINATION
OF
PROVISIONS.—The
amendment made by paragraph (1) shall be consid-
ered to satisfy the condition set forth in subsection
(a)(2).
SEC. 516. No funds appropriated by this Act shall
be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the
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Federal employees health benefit program which provides
any benefits or coverage for abortions.
SEC. 517. The provision of section 516 shall not
apply where the life of the mother would be endangered
if the fetus were carried to term, or the pregnancy is the
result of an act of rape or incest.
TITLE VI—GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
SEC. 601. Funds appropriated in this or any other
Act may be used to pay travel to the United States for
the immediate family of employees serving abroad in cases
of death or life threatening illness of said employee.
SEC. 602. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1998 shall obligate
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
sure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances
(as defined in the Controlled Substances Act) by the offi-
cers and employees of such department, agency, or instru-
mentality.
SEC. 603. Notwithstanding 31 U.S.C. 1345, any
agency, department, or instrumentality of the United
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States which provides or proposes to provide child care
services for Federal employees may reimburse any Federal
employee or any person employed to provide such services
for travel, transportation, and subsistence expenses in-
curred for training classes, conferences, or other meetings
in connection with the provision of such services: Provided,
That any per diem allowance made pursuant to this sec-
tion shall not exceed the rate specified in regulations pre-
scribed pursuant to section 5707 of title 5, United States
Code.
SEC. 604. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year
in accordance with section 16 of the Act of August 2, 1946
(60 Stat. 810), for the purchase of any passenger motor
vehicle (exclusive of buses, ambulances, law enforcement,
and undercover surveillance vehicles), is hereby fixed at
$8,100 except station wagons for which the maximum
shall be $9,100: Provided, That these limits may be ex-
ceeded by not to exceed $3,700 for police-type vehicles,
and by not to exceed $4,000 for special heavy-duty vehi-
cles: Provided further, That the limits set forth in this sec-
tion may not be exceeded by more than 5 percent for elec-
tric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Re-
search, Development, and Demonstration Act of 1976:
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Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alter-
native fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled
vehicles.
SEC. 605. Appropriations of the executive depart-
ments and independent establishments for the current fis-
cal year available for expenses of travel, or for the ex-
penses of the activity concerned, are hereby made available
for quarters allowances and cost-of-living allowances, in
accordance with 5 U.S.C. 5922–24.
SEC. 606. Unless otherwise specified during the cur-
rent fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensa-
tion of any officer or employee of the Government of the
United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person in the service of the United States
on the date of enactment of this Act who, being eligible
for citizenship, has filed a declaration of intention to be-
come a citizen of the United States prior to such date and
is actually residing in the United States; (3) is a person
who owes allegiance to the United States; (4) is an alien
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from Cuba, Poland, South Vietnam, the countries of the
former Soviet Union, or the Baltic countries lawfully ad-
mitted to the United States for permanent residence; (5)
is a South Vietnamese, Cambodian, or Laotian refugee pa-
roled in the United States after January 1, 1975; or (6)
is a national of the People’s Republic of China who quali-
fies for adjustment of status pursuant to the Chinese Stu-
dent Protection Act of 1992: Provided, That for the pur-
pose of this section, an affidavit signed by any such person
shall be considered prima facie evidence that the require-
ments of this section with respect to his or her status have
been complied with: Provided further, That any person
making a false affidavit shall be guilty of a felony, and,
upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of ex-
isting law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Gov-
ernment. This section shall not apply to citizens of Ire-
land, Israel, or the Republic of the Philippines, or to na-
tionals of those countries allied with the United States in
the current defense effort, or to international broadcasters
employed by the United States Information Agency, or to
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temporary employment of translators, or to temporary em-
ployment in the field service (not to exceed 60 days) as
a result of emergencies.
SEC. 607. Appropriations available to any depart-
ment or agency during the current fiscal year for nec-
essary expenses, including maintenance or operating ex-
penses, shall also be available for payment to the General
Services Administration for charges for space and services
and those expenses of renovation and alteration of build-
ings and facilities which constitute public improvements
performed in accordance with the Public Buildings Act of
1959 (73 Stat. 749), the Public Buildings Amendments
of 1972 (87 Stat. 216), or other applicable law.
SEC. 608. In addition to funds provided in this or
any other Act, all Federal agencies are authorized to re-
ceive and use funds resulting from the sale of materials,
including Federal records disposed of pursuant to a
records schedule recovered through recycling or waste pre-
vention programs. Such funds shall be available until ex-
pended for the following purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive
Order 12873 (October 20, 1993), including any such
programs adopted prior to the effective date of the
Executive Order.
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(2) Other Federal agency environmental man-
agement programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by
law or as deemed appropriate by the head of the
Federal agency.
SEC. 609. Funds made available by this or any other
Act for administrative expenses in the current fiscal year
of the corporations and agencies subject to chapter 91 of
title 31, United States Code, shall be available, in addition
to objects for which such funds are otherwise available,
for rent in the District of Columbia; services in accordance
with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in
the event any functions budgeted as administrative ex-
penses are subsequently transferred to or paid from other
funds, the limitations on administrative expenses shall be
correspondingly reduced.
SEC. 610. No part of any appropriation for the cur-
rent fiscal year contained in this or any other Act shall
be paid to any person for the filling of any position for
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which he or she has been nominated after the Senate has
voted not to approve the nomination of said person.
SEC. 611. No part of any appropriation contained in
this or any other Act shall be available for interagency
financing of boards (except Federal Executive Boards),
commissions, councils, committees, or similar groups
(whether or not they are interagency entities) which do
not have a prior and specific statutory approval to receive
financial support from more than one agency or instru-
mentality.
SEC. 612. Funds made available by this or any other
Act to the Postal Service Fund (39 U.S.C. 2003) shall
be available for employment of guards for all buildings and
areas owned or occupied by the Postal Service and under
the charge and control of the Postal Service, and such
guards shall have, with respect to such property, the pow-
ers of special policemen provided by the first section of
the Act of June 1, 1948, as amended (62 Stat. 281; 40
U.S.C. 318), and, as to property owned or occupied by
the Postal Service, the Postmaster General may take the
same actions as the Administrator of General Services
may take under the provisions of sections 2 and 3 of the
Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C.
318a, 318b), attaching thereto penal consequences under
the authority and within the limits provided in section 4
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of the Act of June 1, 1948, as amended (62 Stat. 281;
40 U.S.C. 318c).
SEC. 613. None of the funds made available pursuant
to the provisions of this Act shall be used to implement,
administer, or enforce any regulation which has been dis-
approved pursuant to a resolution of disapproval duly
adopted in accordance with the applicable law of the Unit-
ed States.
SEC. 614. (a) Notwithstanding any other provision
of law, and except as otherwise provided in this section,
no part of any of the funds appropriated for the fiscal
year ending on September 30, 1998, by this or any other
Act, may be used to pay any prevailing rate employee de-
scribed in section 5342(a)(2)(A) of title 5, United States
Code—
(1) during the period from the date of expira-
tion of the limitation imposed by section 616 of the
Treasury, Postal Service and General Government
Appropriations Act, 1997, until the normal effective
date of the applicable wage survey adjustment that
is to take effect in fiscal year 1998, in an amount
that exceeds the rate payable for the applicable
grade and step of the applicable wage schedule in
accordance with such section 616; and
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this section at a rate in excess of the rate that would be
payable were this section not in effect.
(h) The Office of Personnel Management may provide
for exceptions to the limitations imposed by this section
if the Office determines that such exceptions are necessary
to ensure the recruitment or retention of qualified employ-
ees.
SEC. 615. During the period in which the head of
any department or agency, or any other officer or civilian
employee of the Government appointed by the President
of the United States, holds office, no funds may be obli-
gated or expended in excess of $5,000 to furnish or re-
decorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make im-
provements for any such office, unless advance notice of
such furnishing or redecoration is expressly approved by
the Committees on Appropriations of the House and Sen-
ate. For the purposes of this section, the word ‘‘office’’
shall include the entire suite of offices assigned to the indi-
vidual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
SEC. 616. Notwithstanding any other provision of
law, no executive branch agency shall purchase, construct,
and/or lease any additional facilities, except within or con-
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tiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without
the advance approval of the House and Senate Committees
on Appropriations.
SEC. 617. Notwithstanding section 1346 of title 31,
United States Code, or section 611 of this Act, funds
made available for fiscal year 1998 by this or any other
Act shall be available for the interagency funding of na-
tional security and emergency preparedness telecommuni-
cations initiatives which benefit multiple Federal depart-
ments, agencies, or entities, as provided by Executive
Order Numbered 12472 (April 3, 1984).
SEC. 618. (a) None of the funds appropriated by this
or any other Act may be obligated or expended by any
Federal department, agency, or other instrumentality for
the salaries or expenses of any employee appointed to a
position of a confidential or policy-determining character
excepted from the competitive service pursuant to section
3302 of title 5, United States Code, without a certification
to the Office of Personnel Management from the head of
the Federal department, agency, or other instrumentality
employing the Schedule C appointee that the Schedule C
position was not created solely or primarily in order to
detail the employee to the White House.
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(b) The provisions of this section shall not apply to
Federal employees or members of the armed services de-
tailed to or from—
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of De-
fense for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of
the Department of State;
(6) any agency, office, or unit of the Army,
Navy, Air Force, and Marine Corps, the Federal Bu-
reau of Investigation and the Drug Enforcement Ad-
ministration of the Department of Justice, the De-
partment of Transportation, the Department of the
Treasury, and the Department of Energy perform-
ing intelligence functions; and
(7) the Director of Central Intelligence.
SEC. 619. No department, agency, or instrumentality
of the United States receiving appropriated funds under
this or any other Act for fiscal year 1998 shall obligate
or expend any such funds, unless such department, agen-
cy, or instrumentality has in place, and will continue to
administer in good faith, a written policy designed to en-
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sure that all of its workplaces are free from discrimination
and sexual harassment and that all of its workplaces are
not in violation of title VII of the Civil Rights Act of 1964,
as amended, the Age Discrimination in Employment Act
of 1967, and the Rehabilitation Act of 1973.
SEC. 620. No part of any appropriation contained in
this Act may be used to pay for the expenses of travel
of employees, including employees of the Executive Office
of the President, not directly responsible for the discharge
of official governmental tasks and duties: Provided, That
this restriction shall not apply to the family of the Presi-
dent, Members of Congress or their spouses, Heads of
State of a foreign country or their designees, persons pro-
viding assistance to the President for official purposes, or
other individuals so designated by the President.
SEC. 621. Notwithstanding any provision of law, the
President, or his designee, must certify to Congress, annu-
ally, that no person or persons with direct or indirect re-
sponsibility for administering the Executive Office of the
President’s Drug-Free Workplace Plan are themselves
subject to a program of individual random drug testing.
SEC. 622. (a) None of the funds made available in
this or any other Act may be obligated or expended for
any employee training that—
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(1) does not meet identified needs for knowl-
edge, skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high lev-
els of emotional response or psychological stress in
some participants;
(3) does not require prior employee notification
of the content and methods to be used in the train-
ing and written end of course evaluation;
(4) contains any methods or content associated
with religious or quasi-religious belief systems or
‘‘new age’’ belief systems as defined in Equal Em-
ployment 
Opportunity 
Commission 
Notice 
N–
915.022, dated September 2, 1988;
(5) is offensive to, or designed to change, par-
ticipants’ personal values or lifestyle outside the
workplace; or
(6) 
includes 
content 
related 
to 
human
immunodeficiency virus-acquired immune deficiency
syndrome (HIV/AIDS) other than that necessary to
make employees more aware of the medical ramifica-
tions of HIV/AIDS and the workplace rights of
HIV-positive employees.