H. R. 2267—56
collected under the preceding proviso shall be deposited in fiscal
years 1998 and 1999 as an offsetting collection to appropriations
made under this heading to recover costs as set forth under section
140(a)(2) of that Act and shall remain available until expended.
In addition to funds otherwise available, of the funds provided
under this heading, $24,856,000 shall be available only for the
Diplomatic Telecommunications Service for operation of existing
base services and $17,312,000 shall be available only for the
enhancement of the Diplomatic Telecommunications Service and
shall remain available until expended.
In addition, not to exceed $700,000 in registration fees collected
pursuant to section 38 of the Arms Export Control Act, as amended,
may be used in accordance with section 45 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2717); in addition not
to exceed $1,252,000 shall be derived from fees collected from other
executive agencies for lease or use of facilities located at the Inter-
national Center in accordance with section 4 of the International
Center Act (Public Law 90–553), as amended, and in addition,
as authorized by section 5 of such Act $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; and in addition not to exceed
$15,000 which shall be derived from reimbursements, surcharges,
and fees for use of Blair House facilities in accordance with section
46 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2718(a)).
Notwithstanding section 402 of this Act, not to exceed 20 per-
cent of the amounts made available in this Act in the appropriation
accounts ‘‘Diplomatic and Consular Programs’’ and ‘‘Salaries and
Expenses’’ under the heading ‘‘Administration of Foreign Affairs’’
may be transferred between such appropriation accounts: Provided,
That any transfer pursuant to this sentence shall be treated as
a reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
In addition, for counterterrorism requirements overseas, includ-
ing security guards and equipment, $23,700,000, to remain available
until expended.
SALARIES AND EXPENSES
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August
31, 1964, as amended (31 U.S.C. 3721), and the State Department
Basic Authorities Act of 1956, as amended, $363,513,000.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$86,000,000, to remain available until expended, as authorized in
Public Law 103–236: Provided, That section 135(e) of Public Law
103–236 shall not apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App.), $27,495,000, notwithstanding section
H. R. 2267—57
209(a)(1) of the Foreign Service Act of 1980, as amended (Public
Law 96–465), as it relates to post inspections.
REPRESENTATION ALLOWANCES
For representation allowances as authorized by section 905
of the Foreign Service Act of 1980, as amended (22 U.S.C. 4085),
$4,200,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services in accord-
ance with the provisions of section 214 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208,
$7,900,000, to remain available until September 30, 1999.
SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292–300), preserving,
maintaining, repairing, and planning for, buildings that are owned
or directly leased by the Department of State, and carrying out
the Diplomatic Security Construction Program as authorized by
title IV of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (22 U.S.C. 4851), $404,000,000, to remain available
until expended as authorized by section 24(c) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2696(c)): Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture and furnishings and generators
for other departments and agencies.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service pursuant to the requirement of 31 U.S.C. 3526(e),
$5,500,000 to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans Program
Account, subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $593,000, as authorized by section
4 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2671): 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. In addition, for administrative expenses nec-
essary to carry out the direct loan program, $607,000 which may
be transferred to and merged with the Salaries and Expenses
account under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96–8, $14,000,000.
H. R. 2267—58
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $129,935,000.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$955,515,000, of which not to exceed $54,000,000 shall remain
available until expended for payment of arrearages: Provided, That
none of the funds appropriated or otherwise made available by
this Act for payment of arrearages may be obligated or expended
unless such obligation or expenditure is expressly authorized by
the enactment of an Act that makes payment of arrearages contin-
gent upon reforms that should include the following: (1) a reduction
in the United States assessed share of the United Nations regular
budget to 20 percent and of peacekeeping operations to 25 percent;
(2) reimbursement for goods and services provided by the United
States to the United Nations; (3) certification that the United
Nations and its specialized or affiliated agencies have not taken
any action to infringe on the sovereignty of the United States;
(4) a ceiling on United States contributions to international
organizations after fiscal year 1998 of $900,000,000; (5) establish-
ment of a merit-based personnel system at the United Nations
that includes a code of conduct and a personnel evaluation system;
(6) United States membership on the Advisory Committee on
Administrative and Budgetary Questions that oversees the United
Nations budget; (7) access to United Nations financial data by
the General Accounting Office; (8) achievement of a negative growth
budget and the establishment of independent inspectors general
for affiliated organizations; and (9) improved consultation proce-
dures with the Congress: Provided further, That any payment of
arrearages shall be directed toward special activities that are mutu-
ally agreed upon by the United States and the respective inter-
national organization: Provided further, That 20 percent of the
funds appropriated in this paragraph for the assessed contribution
of the United States to the United Nations shall be withheld from
obligation and expenditure until a certification is made under sec-
tion 401(b) of Public Law 103–236 and under such other require-
ments related to the Office of Internal Oversight Services of the
United Nations as may be enacted into law for fiscal year 1998:
Provided further, That certification under section 401(b) of Public
Law 103–236 for fiscal year 1998 may only be made if the Commit-
tees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and International Relations of
the House of Representatives are notified of the steps taken, and
anticipated, to meet the requirements of section 401(b) of Public
Law 103–236 at least 15 days in advance of the proposed certifi-
cation: Provided further, That none of the funds appropriated in
this paragraph shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by
H. R. 2267—59
such organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That of the funds
appropriated in this paragraph, $100,000,000 may be made avail-
able only on a semiannual basis pursuant to a certification by
the Secretary of State on a semiannual basis, that the United
Nations has taken no action during the preceding six months to
increase funding for any United Nations program without identify-
ing an offsetting decrease during that six-month period elsewhere
in the United Nations budget and cause the United Nations to
exceed the expected reform budget for the biennium 1998–1999
of $2,533,000,000: Provided further, That not to exceed $12,000,000
shall be transferred from funds made available under this heading
to the ‘‘International Conferences and Contingencies’’ account for
United States contributions to the Comprehensive Nuclear Test
Ban Treaty Preparatory Commission, provided that such transferred
funds are obligated or expended only for Commission meetings
and sessions, provisional technical secretariat salaries and
expenses, other Commission administrative and training activities,
including purchase of training equipment, and upgrades to existing
internationally based monitoring systems involved in cooperative
data sharing agreements with the United States as of the date
of enactment of this Act, until the United States Senate ratifies
the Comprehensive Nuclear Test Ban Treaty.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $256,000,000,
of which not to exceed $46,000,000 shall remain available until
expended for payment of arrearages: Provided, That none of the
funds appropriated or otherwise made available by this Act for
payment of arrearages may be obligated or expended unless such
obligation or expenditure is expressly authorized by the enactment
of an Act described in the first proviso under the heading ‘‘Contribu-
tions to International Organizations’’ in this title: Provided further,
That none of the funds made available under this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting
for the new or expanded mission in the United Nations Security
Council (or in an emergency, as far in advance as is practicable):
(1) the Committees on Appropriations of the House of Representa-
tives and the Senate and other appropriate committees of the Con-
gress are notified of the estimated cost and length of the mission,
the vital national interest that will be served, and the planned
exit strategy; and (2) a reprogramming of funds pursuant to section
605 of this Act is submitted, and the procedures therein followed,
setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That
funds shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate committees
of the Congress that American manufacturers and suppliers are
being given opportunities to provide equipment, services, and mate-
rial for United Nations peacekeeping activities equal to those being
given to foreign manufacturers and suppliers.
H. R. 2267—60
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$17,490,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $6,463,000, to remain available until expended, as author-
ized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182, $5,490,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the Inter-
national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $14,549,000:
Provided, That the United States’ share of such expenses may
be advanced to the respective commissions, pursuant to 31 U.S.C.
3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by section
501 of Public Law 101–246, $8,000,000, to remain available until
expended, as authorized by section 24(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).
H. R. 2267—61
RELATED AGENCIES
ARMS CONTROL AND DISARMAMENT AGENCY
ARMS CONTROL AND DISARMAMENT ACTIVITIES
For necessary expenses not otherwise provided, for arms
control, nonproliferation, and disarmament activities, $41,500,000,
of which not to exceed $50,000 shall be for official reception and
representation expenses as authorized by the Act of September
26, 1961, as amended (22 U.S.C. 2551 et seq.).
(RESCISSION)
Of the unexpended balances previously appropriated under this
heading, $700,000 are rescinded.
UNITED STATES INFORMATION AGENCY
INTERNATIONAL INFORMATION PROGRAMS
For expenses, not otherwise provided for, necessary to enable
the United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22
U.S.C. 2451 et seq.), the United States Information and Educational
Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), and
Reorganization Plan No. 2 of 1977 (91 Stat. 1636), to carry out
international communication, educational and cultural activities;
and to carry out related activities authorized by law, including
employment, without regard to civil service and classification laws,
of persons on a temporary basis (not to exceed $700,000 of this
appropriation), as authorized by section 801 of such Act of 1948
(22 U.S.C. 1471), and entertainment, including official receptions,
within the United States, not to exceed $25,000 as authorized
by section 804(3) of such Act of 1948 (22 U.S.C. 1474(3));
$427,097,000: Provided, That not to exceed $1,400,000 may be used
for representation abroad as authorized by section 302 of such
Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service
Act of 1980 (22 U.S.C. 4085): Provided further, That not to exceed
$6,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
or in connection with English teaching, library, motion pictures,
and publication programs as authorized by section 810 of such
Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
law, fees from educational advising and counseling, and exchange
visitor program services: Provided further, That not to exceed
$920,000 to remain available until expended may be used to carry
out projects involving security construction and related improve-
ments for agency facilities not physically located together with
Department of State facilities abroad.
TECHNOLOGY FUND
For expenses necessary to enable the United States Information
Agency to provide for the procurement of information technology
improvements, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431
et seq.), the Mutual Educational and Cultural Exchange Act of
1961, as amended (22 U.S.C. 2451 et seq.), and Reorganization
H. R. 2267—62
Plan No. 2 of 1977 (91 Stat. 1636), $5,050,000, to remain available
until expended.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized by the Mutual Educational and Cultural Exchange
Act of 1961, as amended (22 U.S.C. 2451 et seq.), and Reorganiza-
tion Plan No. 2 of 1977 (91 Stat. 1636), $197,731,000, to remain
available until expended as authorized by section 105 of such Act
of 1961 (22 U.S.C. 2455): Provided, That not to exceed $800,000,
to remain available until expended, may be credited to this appro-
priation from fees or other payments received from or in connection
with English teaching and publication programs as authorized by
section 810 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any
other provision of law, fees from educational advising and counsel-
ing.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 1998, to remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 1998, to remain available until expended.
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the United States Information
Agency, as authorized by the United States Information and Edu-
cational Exchange Act of 1948, as amended, the United States
International Broadcasting Act of 1994, as amended, and Reorga-
nization Plan No. 2 of 1977, to carry out international communica-
tion activities, $364,415,000, of which $12,100,000 shall remain
available until expended, not to exceed $16,000 may be used for
official receptions within the United States as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000
may be used for representation abroad as authorized by section
302 of such Act of 1948 (22 U.S.C. 1452) and section 905 of the
Foreign Service Act of 1980 (22 U.S.C. 4085), and not to exceed
$39,000 may be used for official reception and representation
H. R. 2267—63
expenses of Radio Free Europe/Radio Liberty; and in addition, not-
withstanding any other provision of law, not to exceed $2,000,000
in receipts from advertising and revenue from business ventures,
not to exceed $500,000 in receipts from cooperating international
organizations, and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carry-
ing out authorized purposes.
BROADCASTING TO CUBA
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amend-
ed, the Television Broadcasting to Cuba Act, and the International
Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission
and reception, and purchase and installation of necessary equipment
for radio and television transmission and reception, $22,095,000,
to remain available until expended.
RADIO CONSTRUCTION
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase and
installation of necessary equipment for radio and television trans-
mission and reception as authorized by section 801 of the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1471), $40,000,000, to remain available until expended, as
authorized by section 704(a) of such Act of 1948 (22 U.S.C.
1477b(a)).
EAST-WEST CENTER
To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the Center for Cultural
and Technical Interchange Between East and West Act of 1960
(22 U.S.C. 2054–2057), by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of
Hawaii, $12,000,000: Provided, That none of the funds appropriated
herein shall be used to pay any salary, or enter into any contract
providing for the payment thereof, in excess of the rate authorized
by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Director of the United States Information Agency
to provide for carrying out the provisions of the North/South Center
Act of 1991 (22 U.S.C. 2075), by grant to an educational institution
in Florida known as the North/South Center, $1,500,000, to remain
available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the United States Information Agency
to the National Endowment for Democracy as authorized by the
National Endowment for Democracy Act, $30,000,000, to remain
available until expended.
H. R. 2267—64
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCIES
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the United States Informa-
tion Agency in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 403. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency,
and the Department of State may be obligated and expended not-
withstanding section 701 of the United States Information and
Educational Exchange Act of 1948 and section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, section
53 of the Arms Control and Disarmament Act, and section 15
of the State Department Basic Authorities Act of 1956.
SEC. 404. (a)(1) For purposes of implementing the International
Cooperative Administrative Support Services program in fiscal year
1998, the amounts referred to in paragraph (2) shall be transferred
in accordance with the provisions of subsection (b).
(2) Paragraph (1) applies to amounts made available by title
IV of this Act under the heading ‘‘ADMINISTRATION OF FOREIGN
AFFAIRS’’ as follows:
(A) $108,932,000 of the amount made available under the
paragraph ‘‘DIPLOMATIC AND CONSULAR PROGRAMS’’.
(B) $3,530,000 of the amount made available under the
paragraph ‘‘SECURITY AND MAINTENANCE OF UNITED STATES
MISSIONS’’.
(b) Funds transferred pursuant to subsection (a) shall be trans-
ferred to the specified appropriation, allocated to the specified
account or accounts in the specified amount, be merged with funds
in such account or accounts that are available for administrative
support expenses of overseas activities, and be available for the
same purposes, and subject to the same terms and conditions,
as the funds with which merged, as follows:
(1) Appropriations for the legislative branch—
(A) for the Library of Congress, for salaries and
expenses, $500,000; and
(B) for the General Accounting Office, for salaries and
expenses, $12,000.
(2) Appropriations for the Office of the United States Trade
Representative, for salaries and expenses, $302,000.
H. R. 2267—65
(3) Appropriations for the Department of Commerce, for
the International Trade Administration, for operations and
administration, $7,055,000.
(4) Appropriations for the Department of Justice—
(A) for legal activities—
(i) for general legal activities, for salaries and
expenses, $194,000; and
(ii) for the United States Marshals Service, for
salaries and expenses, $2,000;
(B) for the Federal Bureau of Investigation, for salaries
and expenses, $2,477,000;
(C) for the Drug Enforcement Administration, for
salaries and expenses, $6,356,000; and
(D) for the Immigration and Naturalization Service,
for salaries and expenses, $1,313,000.
(5) Appropriations for the United States Information
Agency, for international information programs, $25,047,000.
(6) Appropriations for the Arms Control and Disarmament
Agency, 
for 
arms 
control 
and 
disarmament 
activities,
$1,247,000.
(7) Appropriations to the President—
(A) for the Foreign Military Financing Program, for
administrative costs, $6,660,000;
(B) for the Economic Support Fund, $336,000;
(C) for the Agency for International Development—
(i) for operating expenses, $6,008,000;
(ii) for the Urban and Environmental Credit
Program, $54,000;
(iii) 
for 
the 
Development 
Assistance 
Fund,
$124,000;
(iv) for the Development Fund for Africa, $526,000;
(v) for assistance for the new independent states
of the former Soviet Union, $818,000;
(vi) for assistance for Eastern Europe and the
Baltic States, $283,000; and
(vii) for international disaster assistance, $306,000;
(D) for the Peace Corps, $3,672,000; and
(E) for the Department of State—
(i) for international narcotics control, $1,117,000;
and
(ii) for migration and refugee assistance, $394,000.
(8) Appropriations for the Department of Defense—
(A) for operation and maintenance—
(i) 
for 
operation 
and 
maintenance, 
Army,
$4,394,000;
(ii) 
for 
operation 
and 
maintenance, 
Navy,
$1,824,000;
(iii) for operation and maintenance, Air Force,
$1,603,000; and
(iv) for operation and maintenance, Defense-Wide,
$21,993,000; and
(B) for procurement, for other procurement, Air Force,
$4,211,000.
(9) Appropriations for the American Battle Monuments
Commission, for salaries and expenses, $210,000.
(10) Appropriations for the Department of Agriculture—
H. R. 2267—67
(c)(1) The amount in subsection (a)(2)(A) is reduced by
$2,800,000.
(2) Each amount in subsection (b) is reduced on a pro rata
basis in the same proportion as $2,800,000 bears to $112,462,000,
rounded to the nearest thousand.
SEC. 405. (a) An employee who regularly commutes from his
or her place of residence in the continental United States to an
official duty station in Canada or Mexico shall receive a border
equalization adjustment equal to the amount of comparability pay-
ments under section 5304 of title 5, United States Code, that
he or she would receive if assigned to an official duty station
within the United States locality pay area closest to the employee’s
official duty station.
(b) For purposes of this section, the term ‘‘employee’’ shall
mean a person who—
(1) is an ‘‘employee’’ as defined under section 2105 of title
5, United States Code; and
(2) is employed by the United States Department of State,
the United States Information Agency, the United States
Agency for International Development, or the International
Joint Commission, except that the term shall not include mem-
bers of the Foreign Service as defined by section 103 of the
Foreign Service Act of 1980 (Public Law 96–465), section 3903
of title 22, United States Code.
(c) An equalization adjustment payable under this section shall
be considered basic pay for the same purposes as are comparability
payments under section 5304 of title 5, United States Code, and
its implementing regulations.
(d) The agencies referenced in subsection (c)(2) are authorized
to promulgate regulations to carry out the purposes of this section.
This title may be cited as the ‘‘Department of State and Related
Agencies Appropriations Act, 1998’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-differen-
tial subsidies, as authorized by the Merchant Marine Act, 1936,
as amended, $51,030,000, to remain available until expended.
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $35,500,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $67,600,000: Provided, That reimbursements
may be made to this appropriation from receipts to the ‘‘Federal
H. R. 2267—68
Ship Financing Fund’’ for administrative expenses in support of
that program in addition to any amount heretofore appropriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $32,000,000, to remain available until expended:
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, as amended: Provided further, That these funds are
available to subsidize total loan principal, any part of which is
to be guaranteed, not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, not to exceed $3,725,000, which shall
be transferred to and merged with the appropriation for Operations
and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of the
Maritime Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior appropriation Act, and
all receipts which otherwise would be deposited to the credit of
said fund shall be covered into the Treasury as miscellaneous
receipts.
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of
America’s Heritage Abroad, $250,000, as authorized by section 1303
of Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $8,740,000: Provided,
That not to exceed $50,000 may be used to employ consultants:
Provided further, That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one special
assistant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception
of the chairperson who is permitted 125 billable days.
H. R. 2267—69
COMMISSION ON IMMIGRATION REFORM
SALARIES AND EXPENSES
For necessary expenses of the Commission on Immigration
Reform pursuant to section 141(f ) of the Immigration Act of 1990,
$459,000 to remain available until expended.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,090,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans
with Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary
awards to private citizens; and not to exceed $27,500,000 for pay-
ments to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act of 1964,
as amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991; $242,000,000: Provided, That the Commis-
sion is authorized to make available for official reception and
representation expenses not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–02; not to exceed
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed
$4,000 for official reception and representation expenses; purchase
(not to exceed 16) and hire of motor vehicles; special counsel fees;
and services as authorized by 5 U.S.C. 3109; $186,514,000, of which
not to exceed $300,000 shall remain available until September
30, 1999, for research and policy studies: Provided, That
$162,523,000 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall
be reduced as such offsetting collections are received during fiscal
year 1998 so as to result in a final fiscal year 1998 appropriation
estimated at $23,991,000: Provided further, That any offsetting
collections received in excess of $162,523,000 in fiscal year 1998
H. R. 2267—70
shall remain available until expended, but shall not be available
for obligation until October 1, 1998.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–5902; $14,000,000: Provided, That
not to exceed $2,000 shall be available for official reception and
representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses; $88,500,000: Provided, That not to
exceed $300,000 shall be available for use to contract with a person
or persons for collection services in accordance with the terms
of 31 U.S.C. 3718, as amended: Provided further, That notwithstand-
ing any other provision of law, not to exceed $70,000,000 of offset-
ting collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act
of 1976 (15 U.S.C. 18(a)) shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 1998, so as to result in a final
fiscal year 1998 appropriation from the general fund estimated
at not more than $18,500,000, to remain available until expended:
Provided further, That any fees received in excess of $70,000,000
in fiscal year 1998 shall remain available until expended, but shall
not be available for obligation until October 1, 1998: Provided
further, That none of the funds made available to the Federal
Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corpora-
tion Improvement Act of 1991 (Public Law 102–242; 105 Stat.
2282–2285).
GAMBLING IMPACT STUDY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Gambling Impact Study
Commission, $1,000,000, to remain available until expended.
H. R. 2267—71
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $283,000,000, of which $274,400,000 is for basic field
programs and required independent audits; $1,500,000 is for the
Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of recipients;
and $7,100,000 is for management and administration.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES CORPORATION
SEC. 501. (a) CONTINUATION
OF
COMPETITIVE
SELECTION
PROCESS.—None of the funds appropriated in this Act to the Legal
Services Corporation may be used to provide financial assistance
to any person or entity except through a competitive selection
process conducted in accordance with regulations promulgated by
the Corporation in accordance with the criteria set forth in sub-
sections (c), (d), and (e) of section 503 of Public Law 104–134
(110 Stat. 1321–52 et seq.).
(b) 
INAPPLICABILITY
OF
CERTAIN
PROCEDURES.—Sections
1007(a)(9) and 1011 of the Legal Services Corporation Act (42
U.S.C. 2996f(a)(9) and 2996j) shall not apply to the provision, denial,
suspension, or termination of any financial assistance using funds
appropriated in this Act.
(c) ADDITIONAL PROCEDURES.—If, during any term of a grant
or contract awarded to a recipient by the Legal Services Corporation
under the competitive selection process referred to in subsection
(a) and applicable Corporation regulations, the Corporation finds,
after notice and opportunity for the recipient to be heard, that
the recipient has failed to comply with any requirement of the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.), this Act,
or any other applicable law relating to funding for the Corporation,
the Corporation may terminate the grant or contract and institute
a new competitive selection process for the area served by the
recipient, notwithstanding the terms of the recipient’s grant or
contract.
SEC. 502. (a) CONTINUATION OF REQUIREMENTS AND RESTRIC-
TIONS.—None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose prohibited
or limited by, or contrary to any of the provisions of—
(1) sections 501, 502, 505, 506, and 507 of Public Law
104–134 (110 Stat. 1321–51 et seq.), and all funds appropriated
in this Act to the Legal Services Corporation shall be subject
to the same terms and conditions as set forth in such sections,
except that all references in such sections to 1995 and 1996
shall be deemed to refer instead to 1997 and 1998, respectively;
and
(2) section 504 of Public Law 104–134 (110 Stat. 1321–
53 et seq.), and all funds appropriated in this Act to the
Legal Services Corporation shall be subject to the same terms
and conditions set forth in such section, except that—
(A) subsection (c) of such section 504 shall not apply;
(B) paragraph (3) of section 508(b) of Public Law 104–
134 (110 Stat. 1321–58) shall apply with respect to the
requirements of subsection (a)(13) of such section 504,
H. R. 2267—72
except that all references in such section 508(b) to the
date of enactment shall be deemed to refer to April 26,
1996; and
(C) subsection (a)(11) of such section 504 shall not
be construed to prohibit a recipient from using funds
derived from a source other than the Corporation to provide
related legal assistance to—
(i) an alien who has been battered or subjected
to extreme cruelty in the United States by a spouse
or a parent, or by a member of the spouse’s or parent’s
family residing in the same household as the alien
and the spouse or parent consented or acquiesced to
such battery or cruelty; or
(ii) an alien whose child has been battered or sub-
jected to extreme cruelty in the United States by a
spouse or parent of the alien (without the active partici-
pation 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 partici-
pate 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 regulations 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 assist-
ance directly related to the prevention of, or obtaining of relief
from, the battery or cruelty described in such subsection.
SEC. 503. (a) CONTINUATION OF AUDIT REQUIREMENTS.—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 Serv-
ices Corporation under this Act shall be conducted during fiscal
year 1998 in accordance with the requirements referred to in sub-
section (a).
SEC. 504. (a) DEBARMENT.—The Legal Services Corporation
may debar a recipient, on a showing of good cause, from receiving
an additional award of financial 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 Regula-
tions (or any similar corresponding regulation or ruling);
(2) prior termination in whole, under part 1606 of title
45, Code of Federal Regulations (or any similar corresponding
regulation or ruling), of the most recent financial assistance
received by the recipient, prior to date of the debarment deci-
sion;
H. R. 2267—73
(3) substantial violation by the recipient of the statutory
or regulatory restrictions that prohibit recipients from using
financial assistance made available by the Legal Services Cor-
poration or other financial 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, sub-
contract, or other agreement with an entity that had been
debarred by the Corporation; or
(5) the filing of a lawsuit by the recipient, on behalf of
the recipient, as part of any program receiving any Federal
funds, naming the Corporation, or any agency or employee
of a Federal, State, or local government, as a defendant.
SEC. 505. (a) Not later than January 1, 1998, the Legal Services
Corporation shall implement a system of case information disclosure
which shall apply to all basic field programs which receive funds
from the Legal Services Corporation from funds appropriated in
this Act.
(b) Any basic field program which receives Federal funds from
the Legal Services Corporation from funds appropriated 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 client 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 semiannual reports to
the Legal Services Corporation shall be subject to disclosure under
section 552 of title 5, United States Code.
SEC. 506. In establishing the income or assets of an individual
who is a victim of domestic violence, under section 1007(a)(2) of
the Legal Services Corporation Act (42 U.S.C. 2996f(a)(2)), to deter-
mine if the individual is eligible 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 Commission
as authorized by title II of Public Law 92–522, as amended,
$1,185,000.
H. R. 2267—74
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 sec-
retariat for the International Organization of Securities Commis-
sions, and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission
with foreign governmental and other regulatory officials, members
of their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities mat-
ters, development and implementation of cooperation agreements
concerning securities matters and provision of technical assistance
for the development of foreign 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 offset-
ting 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.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103–403,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $254,200,000, of which: $3,000,000
shall be available for a grant to Lackawanna County, Pennsylvania
for infrastructure development to assist in small business develop-
ment; $3,000,000 shall be available for a grant to the NTTC at
Wheeling Jesuit University to continue the outreach program to
assist small business development; $2,000,000 shall be for a grant
to Western Carolina University 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
H. R. 2267—75
continuation grant to the Center for Entrepreneurial Opportunity
in Greensburg, Pennsylvania, to provide for small business consult-
ing and assistance: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues
received from all such activities shall be credited to this account,
to be available for carrying out these purposes without further
appropriations: Provided further, That $75,800,000 shall be avail-
able to fund grants for performance in fiscal year 1998 or fiscal
year 1999 as authorized by section 21 of the Small Business Act,
as amended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended (5 U.S.C. App. 1–11), as amended by Public Law
100–504, $10,000,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $181,232,000, as authorized
by 15 U.S.C. 631 note, of which $45,000,000 shall remain available
until September 30, 1999: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the 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 section 20(n)(2)(B) of the Small Business Act, as amended:
Provided further, That during fiscal year 1998, commitments 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 Committees 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 trans-
ferred to and merged with the appropriations 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 remain available
until expended: 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.
In addition, for administrative expenses to carry out the direct
loan program, $150,000,000, including not to exceed $500,000 for
the Office of Inspector General of the Small Business Administra-
tion for audits and reviews of disaster loans and the disaster loan
program, and said sums shall be transferred to and merged with
appropriations for the Office of Inspector General.
H. R. 2267—76
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guarantees
Revolving Fund’’, authorized by the Small Business Investment
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 increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this paragraph shall be treated as a reprogramming of funds under
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.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Authorization Act of 1992 (Public
Law 102–572 (106 Stat. 4515–4516)), $6,850,000, to remain avail-
able until expended: Provided, That not to exceed $2,500 shall
be available for official reception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement 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 exist-
ing law, or under existing Executive order issued pursuant to
existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application 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 obligation or expenditure
in fiscal year 1998, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
H. R. 2267—77
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions, or activities
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 1998, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing pro-
gram, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress
are notified 15 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 Administration in shipyards located out-
side of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products 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 provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this Act, pursuant to the debar-
ment, suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harass-
ment 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 Commission 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
H. R. 2267—78
diplomatic or consular post in the Socialist 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 Viet-
nam that was operating on July 11, 1995; or (3) increasing the
total number of personnel assigned to United States diplomatic
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 Socialist 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 documents that will
help lead to fullest possible accounting of prisoners of war
and missing in action.
(iv) Providing further assistance in implementing tri-
lateral 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 thor-
oughly analyzed by the appropriate laboratories with the intent
of providing surviving relatives with scientifically defensible,
legal determinations of death or other accountability that are
fully documented and available in unclassified and unredacted
form to immediate family members.
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 Nations undertaking is a peacekeep-
ing 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
submitted to the President a recommendation that such involvement
is in the national security interests of the United States and the
President has not submitted to the Congress such a recommenda-
tion.
SEC. 611. None of the funds made available in this Act shall
be used to provide the following amenities or personal comforts
in the Federal prison system—
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC–17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any
sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic musical
instrument.
H. R. 2267—79
SEC. 612. None of the funds made available in title II for
the National Oceanic and Atmospheric Administration (NOAA)
under the headings ‘‘Operations, Research, and Facilities’’ and
‘‘Procurement, Acquisition and Construction’’ may be used to imple-
ment sections 603, 604, and 605 of Public Law 102–567: Provided,
That NOAA may develop a modernization plan for its fisheries
research vessels that takes fully into account opportunities for
contracting for fisheries surveys.
SEC. 613. Any costs incurred by a Department or agency funded
under this Act resulting from personnel actions taken in response
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such Department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture 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 distribute or make
available any commercially published information 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) with the same or better level
of health insurance benefits at the time of retirement or separation
as they received while on duty.
SEC. 616. (a) None of the funds made available in this Act
may be used to issue or renew a fishing permit or authorization
for any fishing vessel of the United States greater than 165 feet
in registered length or of more than 750 gross registered tons,
and that has an engine or engines capable of producing a total
of more than 3,000 shaft horsepower—
(1) as specified in the permit application required 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
mackerel or herring (or both) under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.); or
H. R. 2267—80
(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 effec-
tive on September 25, 1997 and such fishery endorsement was
not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or renewed 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
subsection 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 there-
after, 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 not the
burden of proof) provided for an award under section 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 appropriations shall be
made as a result of this provision.
SEC. 618. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco prod-
ucts, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 619. None of the funds made available in this Act may
be used to pay the expenses of an election officer appointed by
a court to oversee an election of any officer or trustee for the
International Brotherhood of Teamsters.
SEC. 620. The second proviso of the second paragraph under
the heading ‘‘OFFICE OF THE CHIEF SIGNAL OFFICER.’’ in the Act
entitled ‘‘An Act Making appropriations for the support of the
Regular and Volunteer Army for the fiscal year ending June thirti-
eth, nineteen hundred and one’’, approved May 26, 1900 (31 Stat.
206; ch. 586; 47 U.S.C. 17), is repealed.