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DISASTER LOANS PROGRAM ACCOUNT
For administrative expenses to carry out the direct
loan program, $94,000,000, including not to exceed
$500,000 for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan program, and said sums shall
be transferred to and merged with appropriations for the
Office of Inspector General.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business In-
vestment Act, as amended, $3,300,000, to remain available
without fiscal year limitation as authorized by 15 U.S.C.
631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
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STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by the State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),
$6,850,000, to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
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tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be affected
thereby.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1999, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which: (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions, or activities presently performed
by Federal employees; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1999, or provided from any ac-
counts in the Treasury of the United States derived by the
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collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $1,000,000 or 20 percent, whichever is
more, that: (1) augments existing programs, projects, or ac-
tivities; (2) reduces by 20 percent funding for any existing
program, project, or activity, or numbers of personnel by
20 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 fifteen
days in advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Admin-
istration in shipyards located outside of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
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using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal agen-
cy that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to
the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures described in sections 9.400 through 9.409 of title 48,
Code of Federal Regulations.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commis-
sion covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds
are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Com-
mission on October 1, 1993 (58 Fed. Reg. 51266).
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SEC. 609. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 610. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
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this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
SEC. 611. None of the funds made available in this
Act to the Federal Bureau of Prisons may be used to distrib-
ute or make available any commercially published informa-
tion or material to a prisoner when it is made known to
the Federal official having authority to obligate or expend
such funds that such information or material is sexually
explicit or features nudity.
SEC. 612. 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
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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. 613. (a) None of the funds appropriated or other-
wise made available in this Act shall be used to issue visas
to any person who—
(1) has been credibly alleged to have ordered,
carried out, or materially assisted in the extrajudicial
and political killings of Antoine Izmery, Guy Malary,
Father Jean-Marie Vincent, Pastor Antoine Leroy,
Jacques Fleurival, Mireille Durocher Bertin, Eugene
Baillergeau, Michelange Hermann, Max Mayard,
Romulus Dumarsais, Claude Yves Marie, Mario
Beaubrun, Leslie Grimar, Joseph Chilove, Michel
Gonzalez, and Jean-Hubert Feuille;
(2) has been included in the list presented to
former President Jean-Bertrand Aristide by former
National Security Council Advisor Anthony Lake in
December 1995, and acted upon by President Rene
Preval;
(3) was sought for an interview by the Federal
Bureau of Investigation as part of its inquiry into
the March 28, 1995, murder of Mireille Durocher
Bertin and Eugene Baillergeau, Jr., and was credibly
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alleged to have ordered, carried out, or materially as-
sisted in those murders, per a June 28, 1995, letter
to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Com-
mand during the period 1991 through 1994, and has
been credibly alleged to have planned, ordered, or par-
ticipated with members of the Haitian Armed Forces
in—
(A) the September 1991 coup against any
person who was a duly elected government offi-
cial of Haiti (or a member of the family of such
official), or
(B) the murders of thousands of Haitians
during the period 1991 through 1994; or
(5) has been credibly alleged to have been a
member of the paramilitary organization known as
FRAPH who planned, ordered, or participated in
acts of violence against the Haitian people.
(b) EXEMPTION.—Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would other-
wise be excluded under this section is necessary for medical
reasons or such person has cooperated fully with the inves-
tigation of these political murders. If the Secretary of State
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exempts any such person, the Secretary shall notify the ap-
propriate congressional committees in writing.
(c) REPORTING
REQUIREMENT.—(1) The United
States chief of mission in Haiti shall provide the Secretary
of State a list of those who have been credibly alleged to
have ordered or carried out the extrajudicial and political
killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list pro-
vided under paragraph (1) to the appropriate congressional
committees not later than 3 months after the date of enact-
ment of this Act.
(3) The Secretary of State shall submit to the appro-
priate congressional committees a list of aliens denied visas,
and the Attorney General shall submit to the appropriate
congressional committees a list of aliens refused entry to
the United States as a result of this provision.
(4) The Secretary of State shall submit a report under
this subsection not later than 6 months after the date of
enactment of this Act and not later than March 1 of each
year thereafter as long as the Government of Haiti has not
completed the investigation of the extrajudicial and politi-
cal killings and has not prosecuted those implicated for the
killings specified in paragraph (1) of subsection (a).
(d) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Committee on
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International Relations and the Committee on Appropria-
tions of the House of Representatives and the Committee
on Foreign Relations and the Committee on Appropriations
of the Senate.
SEC. 614. (a) None of the funds made available in this
Act or any other Act hereafter enacted 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 reg-
istered length, of more than 750 gross registered tons, or
that has an engine or engines capable of producing more
than 3,000 shaft horsepower that would allow such vessel
to engage in fishing in any fishery within the exclusive eco-
nomic zone of the United States (except territories), unless
a certificate of documentation had been issued for the vessel,
endorsed with a fishery endorsement that was effective on
September 25, 1997, and endorsed with a fishery endorse-
ment at all times thereafter, or unless the appropriate re-
gional fishery management council recommends after the
date the enactment of this Act, and the Secretary approves,
a fishery management plan or amendment that specifically
allows such a vessel to engage in such fishing.
(b) Any fishing permit or authorization issued or re-
newed prior to the date of the enactment of this Act for
a fishing vessel that exceeds the length, tonnage, or horse-
power thresholds in subsection (a) that would allow such
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(2) recommendations for the best use of the re-
sources of the Department of Justice to enforce that
section; and
(3) an estimate of the amount of activity and
money being used to gamble on the Internet.
(f) REPORT ON COSTS.—Not later than 3 years after
the date of enactment of this Act, the Secretary of Commerce
shall submit a report to Congress that includes—
(1) an analysis of existing and potential methods
or technologies for filtering or screening transmissions
in violation of section 1085 of title 18, United States
Code, as added by this section, that originate outside
of the territorial boundaries of any State or the
United States;
(2) a review of the effect, if any, on interactive
computer services of any court ordered temporary re-
straining orders or injunctions imposed on those serv-
ices under this section;
(3) a calculation of the cost to the economy of il-
legal gambling on the Internet, and other societal
costs of such gambling; and
(4) an estimate of the effect, if any, on the Inter-
net caused by any court ordered temporary restrain-
ing orders or injunctions imposed under this section.