Public Law 99-111, 99 Stat. 484
Whereas the United States Peace Corps is beginning its twenty-fifth
year of providing volunteers to serve in countries of the developing
world in helping people help themselves in their reach for a better
life;
Whereas over one hundred and twenty thousand Americans have served in
the Peace Corps in over ninety countries around the world in programs
that have significantly added to bridges of understanding between the
people of the United States and the peoples of the countries it has been
privileged to serve;
Whereas Pease Corps volunteers have returned to their communities
enriched by the experience, more knowledgeable of the world and the
challenges of building a lasting peace;
Whereas Peace Corps volunteers continue to maintain open channels of
communication with their friends in the country where they served,
thereby continuing to build solid commitments of understanding; and
Whereas the response of Americans to Peace Corps' call for service in
seeking long-term solutions to the complex human problems of hunger,
poverty, illiteracy, and disease continue to exceed its recruitment
requirements: Now, therefor, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the period October 1,
1985, through September 30, 1986, shall be the official time set aside
to reflect on the achievements of the Peace Corps during its twenty-five
years, as well as to consider innovative ways that the talents and
expertise of its volunteers and other bilateral volunteer programs might
be used in the future; the President is authorized and requested to
issue a proclamation setting forth October 1, 1985, through September
30, 1986, as a period of time to honor Peace Corps volunteers past and
present, and reaffirm our Nation's commitment to helping people in the
developing world help themselves.
Approved October 1, 1985.
LEGISLATIVE HISTORY -- H. J. Res. 305:
CONGRESSIONAL RECORD, Vol. 131 (1985): July 24, considered and
passed House. Sept 19, considered and passed Senate.
Public Law 99-110, 99 Stat. 483
Whereas the Act popularly known as the Historic Sites Act, enacted in
1935, "16 USC 461-67" for the first time stated that the national policy
on historic preservation is "to preserve for public use historic sites,
buildings and objects of national significance for the inspiration and
benefit of the people of the United States";
Whereas the Historic Sites Act gave rise to a national Historic Sites
Survey, which identified hundreds of sites that are important to
understanding and commemorating the history of the United States;
Whereas based on the results of that nationwide survey and continuing
investigations of historical properties, the National Historic Landmarks
Program and the National Register of Historic Places were begun to
identify sites of National, State, and local historical significance;
Whereas the Act fostered the documentation of unique examples of
American architecture and engineering by the Historic American Buildings
Survey and the Historic American Engineering Record; and
Whereas it would be appropriate and in the public interest to mark
the 50th anniversary of the enactment of the Historic Sites Act and the
preservation of our National heritage that continues as a result of that
landmark legislation: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Act entitled "An Act
to provide for the preservation of historic American sites, buildings,
objects, and antiquities of national significance, and for other
purposes" (approved August 21, 1935; 49 Stat. 666) "16 USC 461-67" is
hereby recognized for its substantial contributions over the past 50
years to the identification and protection of the Nation's cultural
heritage.
Approved October 1, 1985.
LEGISLATIVE HISTORY -- H. J. Res. 299:
HOUSE REPORT No. 99-233 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 131 (1985): July 29, considered and
passed House. Sept. 12, considered and passed Senate.
Public Law 99-109, 99 Stat. 482
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5 of the
Federal Employees Flexible and Compressed Work Schedules Act of 1982 (5
U.S.C. 6101 note) is amended to read as follows:
"SEC. 5. The amendments made by this Act shall not be in effect
after October 31, 1985.".
Approved September 30, 1985.
LEGISLATIVE HISTORY -- H.R. 3414 (S. 1455):
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 26, considered and
passed House and Senate.
Public Law 99-108, 99 Stat. 481
Veterans' Job Training Act of 1983 to extend the period
for entering into training under such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 230(b) of
title 38, United States Code, is amended by striking out "September 30,
1985" and inserting in lieu thereof "October 31, 1985".
SEC. 2. Section 601(4)(C)(v) of title 38, United States Code, "98
Stat. 2688" is amended by striking out "September 30, 1985" and
inserting in lieu thereof "October 31, 1985".
SEC. 3. Section 620A(e) of title 38, United States Code, is amended
by striking out "the last day" and all that follows through "initiated"
and inserting in lieu thereof "October 31, 1985".
SEC. 4. Section 17(2) of the Emergency Veterans' Job Training Act of
1983 (Public Law 98-77; 29 U.S.C. 1721 note) is amended by striking out
"September 1, 1985" and inserting in lieu thereof "July 1, 1986".
Approved September 30, 1985.
LEGISLATIVE HISTORY -- S. 1671:
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 20, considered and
passed Senate. Sept. 26, considered and passed House.
Public Law 99-107, 99 Stat. 479
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Emergency Extension Act of 1985".
SEC. 2. 45-DAY EXTENSION OF INCREASE IN TAX ON CIGARETTES.
Subsection (c) of section 283 of the Tax Equity and Fiscal
Responsibility Act of 1982 (relating to increase in tax on cigarettes)
"26 USC 5701 note" is amended by striking out "October 1, 1985" and
inserting in lieu thereof "November 15, 1985".
SEC. 3. 45-DAY EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.
Section 285 of the Trade Act of 1974 (19 U.S.C. note preceding
section 2271) is amended by striking out "September 30, 1985" and
inserting in lieu thereof "November 14, 1985".
SEC. 4. 45-DAY EXTENSION OF BORROWING AUTHORITY UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
Section 10(d) of the Railroad Unemployment Insurance Act "45 USC 360"
is amended by striking out "September 30, 1985" each place it appears
and inserting in lieu thereof "November 14, 1985".
SEC. 5. "42 USC 1395ww note" 45-DAY EXTENSION OF MEDICARE HOSPITAL
AND PHYSICIAN PAYMENT PROVISIONS.
(a) MAINTAINING EXISTING HOSPITAL PAYMENT RATES. -- Notwithstanding
any other provision of law, the amount of payment under section 1886 of
the Social Security Act "42 USC 1395ww" for inpatient hospital services
for discharges occurring (and cost reporting periods beginning) during
the extension period (as defined in subsection (c)) shall be determined
on the same basis as the amount of payment for such services for a
discharge occurring on (or the cost reporting period beginning
immediately on or before) September 30, 1985.
(b) MAINTAINING EXISTING PAYMENT RATES FOR PHYSICIANS' SERVICES. --
Notwithstanding any other provision of law, the amount of payment under
part B of title XVIII of the Social Security Act "42 USE 1395j" for
physicians' services which are furnished during the extension period (as
defined in subsection (c)) shall be determined on the same basis as the
amount of payment for such services furnished on September 30, 1985, and
the 15-month period, referred to in section 1842(j)(1) of such Act, "98
Stat. 1071" shall be deemed to include the extension period.
(c) EXTENSION PERIOD DEFINED. -- For purposes of this section, the
term "extension period" means the period beginning on October 1, 1985,
and ending on November 14, 1985.
Approved September 30, 1985.
LEGISLATIVE HISTORY -- H.R. 3452:
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 30, considered and
passed House and Senate.
Public Law 99-106, 99 Stat. 477
Whereas, the Congress in consenting to the compact between Missouri
and Illinois creating the Bi-State Development Agency and the Bi-State
Metropolitan District provided that no power shall be exercised by the
Bi-State Agency under the provisions of article III of such compact
until such power has been conferred upon the Bi-State Agency by the
legislatures of the States to the compact and approved by an Act of
Congress; and
Whereas, such States have now enacted certain legislation in order to
confer certain additional powers on such Bi-State Development Agency:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) the consent of the
Congress is hereby given to the additional powers conferred on the
Bi-State Development Agency by --
(1) Senate Bill 416, Laws of Missouri 1977; Public Act 80-377
(Senate Bill 179), Laws of Illinois 1977;
(2) Senate Bill 589, Laws of Missouri 1980; Public Act 81-589
(Senate Bill 23), Laws of Illinois 1979; Public Act 81-1419
(Senate Bill 1597), Laws of Illinois 1980; and
(3) Senate Bill 395, Laws of Missouri 1981; Public Act 82-950
(House Bill 2304), Laws of Illinois 1982.
(b) The powers conferred by the Acts consented to in subsection (a)
shall be effective as of January 1, 1983.
SEC. 2. The provisions of the Act of August 31, 1950 (64 Stat. 568)
shall apply to the additional powers approved under this joint
resolution to the same extent as if such additional powers were
conferred under the provisions of the compact consented to in such Act.
SEC. 3. The right to alter, amend, or repeal this joint resolution
is expressly reserved.
SEC. 4. The right is hereby reserved to the Congress to require the
disclosure and furnishing of such information or data by the Bi-State
Development Agency as is deemed appropriate by the Congress.
Approved September 30, 1985.
LEGISLATIVE HISTORY -- S.J. Res. 127:
HOUSE REPORT No. 99-278 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 131 (1985): May 23, considered and passed
Senate. Sept 23, 26, considered and passed House.
Public Law 99-105, 99 Stat. 475
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 7(a) of the
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7706(a)) "98 Stat.
95" is amended by adding at the end thereof the following:
"(6) There are authorized to be appropriated to the Director, to
carry out the provisions of sections 5 and 6 of this Act, "42 USC 7704,
7705" for the fiscal year ending September 30, 1986, $5,596,000, and for
the fiscal year ending September 30, 1987, $5,848,000.".
SEC. 2. Section 7(b) of such Act (42 U.S.C. 7706(b)) "98 Stat. 95"
is amended by striking ", and" immediately after "1984" and inserting in
lieu thereof a semicolon, and by inserting "$35,578,000 for the fiscal
year ending September 30, 1986; and $37,179,000 for the fiscal year
ending September 30, 1987" immediately before the period at the end
thereof.
SEC. 3. Section 7(c) of such Act (42 U.S.C. 7706(c)) "98 Stat. 95"
is amended by striking "and" after "1984;" and by inserting "$27,760,000
for the fiscal year ending September 30, 1986; and $29,009,000 for the
fiscal year ending September 30, 1987" immediately before the period at
the end thereof.
SEC. 4. Section 7(d) of such Act (42 U.S.C. 7706(d)) "98 Stat. 95"
is amended by striking "and" after "1984;" and by inserting "$499,000
for the fiscal year ending September 30, 1986; and $521,000 for the
fiscal year ending September 30, 1987" immediately before the period at
the end thereof.
SEC. 5. Section 5(b)(2)(E) of such Act (42 U.S.C. 7704(b)(2)(E)) is
amended to read as follows:
"(E) compile and maintain a written plan for the program
specified in subsections (a), (e), (f), and (g), to be submitted
to the Congress and updated at such times as may be required by
significant program events, but in no event less frequently than
every three years;".
SEC. 6. Section 5(b)(2) of such Act (42 U.S.C. 7704(b)(2)) (as
amended by section 5 of this Act) is further amended by redesignating
subparagraph (F) as subparagraph (G), and by inserting after
subparagraph (E) the following new subparagraph:
"(F) make, in cooperation with the United States Geological
Survey, the National Science Foundation, and the National Bureau
of Standards, an annual presentation to the appropriate committee
of the Congress within sixty days after the end of each fiscal
year for the purpose of communicating any events and any
programmatic requirements deemed significant by the National
Earthquake Hazards Reduction Program; and".
SEC. 7. Section 2(b)(3) of the National Bureau of Standards
Authorization Act for Fiscal Year 1986 (Public Law 99-73) is amended by
striking "(7), and (8)" and inserting in lieu thereof "and (7)".
Approved September 30, 1985.
LEGISLATIVE HISTORY -- S. 817:
HOUSE REPORTS: No. 99-90, Pt. 1 (Comm. on Interior and Insular
Affairs), Pt. 2 (Comm. on Science and Technology).
SENATE REPORT No. 99-29 (Comm. on Commerce, Science and
Transportation).
CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 17, considered and
passed Senate. June 24, considered and passed House, amended. July 31,
Senate concurred in House amendments with amendment. Sept. 17, House
concurred in Senate amendments.
Public Law 99-104, 99 Stat. 474
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "23 USC 104 note" The Secretary of Transportation shall
apportion for the fiscal year ending September 30, 1987, the sums
authorized to be appropriated for such period by section 108(b) of the
Federal-Aid Highway Act of 1956, "23 USC 101 note" as amended, for
expenditure on the National System of Interstate and Defense Highways
using the apportionment factors contained in revised table 5 of the
Committee Print Numbered 99-68 of the Committee on Environment and
Public Works of the Senate.
SEC. 2. The Secretary of Transportation shall apportion for the
fiscal year ending September 30, 1986, the sums to be apportioned for
such year under section 103(e)(4) of title 23, United States Code, for
expenditure on substitute highway and transit projects, using the
apportionment factors contained in the Committee Print Numbered 99-69 of
the Committee on Environment and Public Works and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
Approved September 30, 1985.
LEGISLATIVE HISTORY -- S. 1514 (S.J. Res. 44):
SENATE REPORT No. 99-3 accompanying S.J. Res. 44 (Comm. on
Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 131 (1985): July 30, considered and
passed Senate. Sept. 19, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 40 (1985):
October 1, Presidential statement.
Public Law 99-103, 99 Stat. 471
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following sums are
hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of the Government for the
fiscal year 1986, and for other purposes, namely:
SEC. 101. (a)(1) Such amounts as may be necessary for projects or
activities, not otherwise specifically provided for in this joint
resolution, for which appropriations, funds, or other authority would be
available in the following appropriation Acts:
Agriculture, Rural Development, and Related Agencies
Appropriation Act, 1986;
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriation Act, 1986;
District of Columbia Appropriation Act, 1986;
Energy and Water Development Appropriation Act, 1986;
Department of Housing and Urban Development-- Independent
Agencies Appropriation Act, 1986;
Department of the Interior and Related Agencies Appropriation
Act, 1986;
Legislative Branch Appropriation Act, 1986;
Department of Transportation and Related Agencies Appropriation
Act, 1986; and
Treasury, Postal Service, and General Government Appropriation
Act, 1986.
(2) Appropriations made by this subsection shall be available to the
extent and in the manner which would be provided by the pertinent
appropriation Act.
(3) Whenever the amount which would be made available or the
authority which would be granted under an Act listed in this subsection
as passed by the House as of October 1, 1985, is different from that
which would be available or granted under such Act as passed by the
Senate as of October 1, 1985, the pertinent project or activity shall be
continued under the lesser amount or the more restrictive authority:
Provided, That where an item is included in only one version of an Act
as passed by both Houses as of October 1, 1985, the pertinent project or
activity shall be continued under the appropriation, fund, or authority
granted by the one House, but at a rate for operations not exceeding the
current rate or the rate permitted by the action of the one House,
whichever is lower, and under the authority and conditions provided in
applicable appropriation Acts for the fiscal year 1985.
(4) Whenever an Act listed in this subsection has been passed by only
the House as of October 1, 1985, the pertinent project or activity shall
be continued under the appropriation, fund, or authority granted by the
House, at a rate for operations not exceeding the current rate or the
rate permitted by the action of the House, whichever is lower, and under
the authority and conditions provided in applicable appropriation Acts
for the fiscal year 1985.
(5) No provision which is included in an appropriation Act enumerated
in this subsection but which was not included in the applicable
appropriation Act of 1985, and which by its terms is applicable to more
than one appropriation, fund, or authority shall be applicable to any
appropriation, fund, or authority provided in the joint resolution
unless such provision shall have been included in identical form in such
bill as enacted by both the House and the Senate.
(6) No appropriation or fund made available or authority granted
pursuant to this subsection shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1985.
(b)(1) Such amounts as may be necessary for projects or activities,
not otherwise provided for in this joint resolution, which were
conducted in the fiscal year 1985, under the current terms and
conditions and at a rate for operations not in excess of the current
rate, for which provision was made in the following appropriation Acts:
Foreign Assistance and Related Programs Appropriations Act,
1985; "98 Stat. 1884"
Military Construction Appropriation Act, 1985; "98 Stat.
1877" and
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriation Act, 1985 "98 Stat. 3305" and
section 101(k) of Public Law 98-473. "98 Stat. 1837"
(2) No appropriation or fund made available or authority granted
pursuant to this subsection shall be used to initiate or resume any
project or activity for which appropriations, funds, or other authority
were not available during the fiscal year 1985.
(c) Such amounts as may be necessary for continuing activities, not
otherwise specifically provided for in this joint resolution, which were
conducted in the fiscal year 1985, for which provision was made in the
Department of Defense Appropriation Act, 1985, "98 Stat. 1904" under the
current terms and conditions and at a rate for operations not in excess
of the current rate: Provided, That no appropriation or funds made
available or authority granted pursuant to this subsection shall be used
for new production of items not funded for production in fiscal year
1985 or prior years, for the increase in production rates above those
sustained with fiscal year 1985 funds or to initiate, resume or continue
any project, activity, operation or organization which are defined as
any project, subproject, activity, budget activity, program element, and
subprogram within a program element and for investment items are further
defined as a P-1 line item in a budget activity within an appropriation
account and an R-1 line item which includes a program element and
subprogram element within an appropriation account, for which
appropriations, funds, or other authority were not available during the
fiscal year 1985: Provided further, That no appropriation or funds made
available or authority granted pursuant to this subsection shall be used
to initiate multi-year procurements utilizing advance procurement
funding for economic order quantity procurement unless specifically
appropriated later: Provided further, That the appropriations or funds
made available or authority granted pursuant to this subsection for
procurement of MX missiles shall be in accordance with and subject to
all the limitations, restrictions, and conditions set forth in the
Department of Defense Authorization Act, 1986 (S. 1160) conference
agreement and provided for in the conference report (H. Rept. 99-235)
filed in the House of Representatives on July 29, 1985.
SEC. 102. Unless otherwise provided for in this joint resolution or
in the applicable appropriation Act, appropriations and funds made
available and authority granted pursuant to this joint resolution shall
be available from October 1, 1985, and shall remain available until (a)
enactment into law of an appropriation for any project or activity
provided for in this joint resolution, or (b) enactment of the
applicable appropriation Act by both Houses without any provision for
such project or activity, or (c) November 14, 1985, whichever first
occurs.
SEC. 103. Appropriations made and authority granted pursuant to this
joint resolution shall cover all obligations or expenditures incurred
for any project or activity during the period for which funds or
authority for such project or activity are available under this joint
resolution.
SEC. 104. Expenditures made pursuant to this joint resolution shall
be charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
SEC. 105. No provision in any appropriation Act for the fiscal year
1986 referred to in section 101 of this joint resolution that makes the
availability of any appropriation provided therein dependent upon the
enactment of additional authorizing or other legislation shall be
effective before the date set forth in section 102(c) of this joint
resolution.
SEC. 106. Appropriations and funds made available or authority
granted pursuant to this joint resolution may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of law governing
the apportionment of funds.
Approved September 30, 1985.
LEGISLATIVE HISTORY -- H.J. Res. 388:
HOUSE REPORT No. 99-272 (Comm. on Appropriations).
SENATE REPORT No. 99-142 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 18, considered and
passed House. Sept. 25, considered and passed Senate.
Public Law 99-102, 99 Stat. 470
Whereas there are 1,000 adult day care centers nationwide providing a
safe and positive environment to partially disabled adults and senior
citizens in need of daytime assistance and supervision;
Whereas adult day care centers provide necessary health maintenance
functions and medical care, including medication monitoring, therapies,
and health education, and are operated by professional staffs who
identify the need for additional health services and make appropriate
referrals;
Whereas adult day care centers provide opportunities for social
interaction to otherwise isolated individuals and assist them in
attaining and maintaining a maximum level of independence; and
Whereas these centers offer relief to families who otherwise must
care for disabled edlerly persons on a twenty-four-hour-per-day basis:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning
September 22, 1985, is designated "National Adult Day Care Center Week".
The President is authorized and requested to issue a proclamation
calling upon the people of the United States to observe that week with
appropriate ceremonies and activities.
Approved September 27, 1985.
LEGISLATIVE HISTORY -- H.J. Res. 229:
CONGRESSIONAL RECORD, Vol. 131 (1985): Aug. 1, considered and passed
House. Sept. 19, considered and passed Senate.
Public Law 99-101, 99 Stat. 469
Whereas dental hygienists, as licensed oral health professionals,
have been actively involved in promoting oral health and preventing oral
disease for more than 70 years;
Whereas dental hygienists, as preventive specialists, contribute to
the dental health of the American people and provide an essential
service for their total health;
Whereas dental hygienists voluntarily donate time and effort to
provide dental education and preventive dental care services to groups
with special needs, such as elderly persons, mentally or physicially
disabled persons, underprivileged persons, and children; and
Whereas it is appropriate to honor the dental hygienists of the
Nation and to encourage the people of the Nation to become familiar with
and appreciative of the practice of dental hygiene: Now, therefore, be
it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning
September 15, 1985, hereby is designated "National Dental Hygiene Week",
and the President of the United States is authorized and requested to
issue a proclamation calling upon the people of the United States to
celebrate such week with appropriate ceremonies and activities.
Approved September 27, 1985.
LEGISLATIVE HISTORY -- H.J. Res. 218 (S.J. Res. 149):
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 19, considered and
passed House and Senate.
Public Law 99-100, 99 Stat. 468
Whereas there are one hundred and two historically black colleges and
universities in the United States;
Whereas such colleges and universities provide the quality education
so essential to full participation in a complex, highly technological
society;
Whereas black colleges and universities have a rich heritage and have
played a prominent role in American history;
Whereas such institutions have allowed many underprivileged students
to attain their full potential through higher education; and
Whereas the achievements and goals of the historically black colleges
are deserving of national recognition: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week of September 23,
1985, through September 29, 1985, is designated as "National
Historically Black Colleges Week" and the President of the United States
is authorized and requested to issue a proclamation calling upon the
people of the United States and interested groups to observe such week
with appropriate ceremonies, activities, and programs, thereby
demonstrating support for historically black colleges and universities
of the United States.
Approved September 27, 1985.
LEGISLATIVE HISTORY -- S.J. Res. 186:
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 13, considered and
passed Senate. Sept. 24, considered and passed House.
Public Law 99-99, 99 Stat. 467
Sewing Month".
Whereas the sewing industry annually honors the approximately fifty
million people who sew at home and the approximately forty million
people who sew at least part of their wardrobe;
Whereas the home sewing industry generates over $3,500,000,000
annually for the economy of the United States; and
Whereas innumerable careers in fashion, retail merchandising, design,
patternmaking, and textiles have had their genesis in the home and in
elementary school home economics classes: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of September
1985 is designated "National Sewing Month". The President is requested
to issue a proclamation calling upon the people of the United States to
observe that month with appropriate ceremonies and activities.
Approved September 26, 1985.
LEGISLATIVE HISTORY -- S.J. Res. 173:
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 13, considered and
passed Senate. Sept. 19, considered and passed House.
Public Law 99-98, 99 Stat. 466
Whereas tourism is vital to the United States, contributing to
economic prosperity, employment, and international balance of payments;
Whereas travelers from the United States and other countries spent
$210,000,000,000 in the United States during 1983, directly producing
four million six hundred thousand jobs, $45,800,000,000 in wages and
salaries, and over $25,000,000,000 in Federal, State, and local tax
revenues;
Whereas, if viewed as a single retail industry, the travel and
tourism sector of the economy constituted the second largest retail
industry in the United States in 1983 as measured by business receipts;
Whereas tourism contributes substantially to personal growth,
education, and intercultural appreciation of geography, history, and
people of the United States;
Whereas tourism enhances international understanding and good will;
and
Whereas, as people throughout the world become aware of the
outstanding cultural and recreational resources available across the
United States, travel and tourism will become an increasingly important
aspect of the daily lives of the people of the United States: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week beginning May 18,
1986, is hereby designated as "National Tourism Week", and the President
is authorized and requested to issue a proclamation calling upon the
people of the United States to observe such week with appropriate
ceremonies and activities.
Approved September 26, 1985.
LEGISLATIVE HISTORY -- S.J. Res. 141:
CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 13, considered and
passed Senate. Sept. 19, considered and passed House.
Public Law 99-97, 99 Stat. 465
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 17 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) "98
Stat. 95" is amended by adding at the end thereof the following:
"(f) Except as otherwise specifically provided with respect to the
payment of claims under section 11 of this Act, "15 USC 2210" to carry
out the purposes of this Act, there is authorized to be appropriated
$22,037,000 for the fiscal year ending September 30, 1986.".
Approved September 26, 1985.
LEGISLATIVE HISTORY -- S. 818:
HOUSE REPORT No. 99-135 (Comm. on Science and Technology).
Senate REPORT No. 99-30 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 131 (1985): Apr. 17, considered and
passed Senate. June 24, considered and passed House, amended. July 31,
Senate concurred in House amendment with amendment. Sept. 17, House
concurred in Senate amendment.
Public Law 99-96, 99 Stat. 460
Be it enacted by the Senate and House of Representatives of the
United States of America in congress assembled,
SECTION 1. The Alaska Native Claims Settlement Act (85 Stat. 688, 43
U.S.C. 1601-28), as amended, is further amended by adding at the end
thereof the following new sections:
"SEC. 34. "43 USC 1629" (a) For purposes of this section the
following terms shall have the following meanings:
"(1) the term 'The Agreement' or 'Agreement' means the
agreement entitled 'Terms and Conditions Governing Legislative
Land Consolidation and Exchange between NANA Regional Corporation,
Inc., and the United States' executed by the Secretary of the
Interior and the President of NANA Regional Corporation, Inc., on
January 31 and January 24, 1985, respectively.
"(2) the term 'transportation system' means the Red Dog Mine
Transportation System described in Exhibit B of the Agreement.
"(3) the term 'NANA' means NANA Regional Corporation, Inc., a
corporation formed for the Natives of Northwest Alaska pursuant to
the provisions of this Act.
"(b) Except as otherwise provided by this section, the Secretary
shall convey to NANA, in accordance with the terms and conditions set
forth in the Agreement, lands and interests in lands specified in the
Agreement in exchange for lands and interests in lands of NANA,
specified in the Agreement, upon fulfillment by NANA of its obligations
under the Agreement: Provided, however, That this modified exchange is
accepted by NANA within 60 days of enactment.
"(c)(1) The Secretary shall convey to NANA, pursuant to the
provisions of paragraph A(1) of the Agreement, the right, title and
interest of the United States only in and to those lands designated as
'Amended A(1) Lands' on the map entitled 'Modified Cape Krusenstern Land
Exchange", dated July 18, 1985. The charges to be made pursuant to
paragraphs B(1) and D(27) of the Agreement against NANA's land
entitlements under this Act shall be reduced by an amount equivalent to
the difference between that acreage conveyed pursuant to this subsection
and the acreage that would have been conveyed to NANA pursuant to
paragraph A(1) of the Agreement but for this subsection.
"(2) Notwithstanding the provisions of paragraph A(3) of the
Agreement, the Secretary shall not convey to NANA any right, title and
interest of the United States in the lands described in such paragraph
A(3) and the Secretary shall make no charge to NANA's remaining
entitlements under this Act with respect to such lands. Such lands
shall be retained in Federal ownership but shall be subject to the
easement described in Exhibit D to the Agreement as if the lands had
been conveyed to NANA pursuant to paragraph A(3) of the Agreement.
"(d)(1) There is hereby granted to NANA an easement in and to the
lands designated as 'Transportation System Lands' on the map entitled
'Modified Cape Krusenstern Land Exchange', dated July 18, 1985, for use
in the construction, operation, maintenance, expansion and reclamation
of the transportation system. Use of the easement for such purposes
shall be subject only to the terms and conditions governing the
construction, operation, maintenance, expansion and reclamation of the
transportation system, as set forth in Exhibit B to the Agreement.
"(2) The easement granted pursuant to this section shall be for a
term of 100 years. The easement shall terminate prior to the 100-year
term:
"(i) if it is relinquished to the United States; or
"(ii) if construction of the transportation system has not
commenced within 20 years of the enactment of this subsection.
Computation of the 20-year period shall exclude periods when
construction could not commence because of force majeure, act of
God or order of a court; or
"(iii) upon completion of reclamation pursuant to the
reclamation plan required by Exhibit B to the Agreement.
"(3) Within 90 days after enactment of this section the Secretary
shall execute the necessary documents evidencing the grant to NANA of
the easement granted by this section.
"(4) Except as regards the trail easement described in Exhibit D to
the Agreement (to which the 'Transportation System Lands' shall be
subject as if such lands had been conveyed to NANA pursuant to paragraph
A(1) of the Agreement), access to the lands subject to the easement
granted by this section shall be subject to such limitations,
restrictions or conditions as may be imposed by NANA, its successors and
assigns, but NANA, and its successors and assigns shall permit
representatives of the Secretary such access as the Secretary determines
is necessary for the monitoring required by this section.
"(e) The easement granted by this section makes available land for
the transportation system, and is intended to be sufficient to permit
NANA to comply with the laws of the State of Alaska which may be
necessary to secure financing of the construction of the transportation
system and the operation, maintenance or expansion thereof by the State
of Alaska or by the Alaska Industrial Development Authority.
"(f) The easement granted to NANA by this section may be reconveyed
by NANA, but after any such reconveyance the terms and conditions
specified in Exhibit B of the Agreement shall continue to apply in full
to the easement.
(g) NANA is hereby granted the right to use, develop and sell sand,
gravel and related construction materials from borrow sites located
within the easement granted pursuant to this section as required for the
construction, operation, maintenance, expansion and reclamation of the
transportation system, subject to the terms and conditions specified in
Exhibit B of the Agreement.
"(h)(1) The construction, operation, maintenance, expansion and
reclamation of any portion of the transportation system on any of the
lands subject to the easement granted to NANA by this section shall be
governed solely by the terms and conditions of the Agreement, including
the procedural and substantive provisions of Exhibit B to the Agreement,
as if the lands covered by the easement granted to NANA by this section
had been conveyed to NANA pursuant to paragraph A(1) of the Agreement.
"(2) The Secretary of the Interior, acting through the National Park
Service, shall monitor the construction, operation, maintenance,
expansion and reclamation of the transportation system, as provided in
the Agreement. Any complaint by any person or entity that any aspect of
the construction, operation, maintenance, expansion or reclamation of
the portion of the transportation system on the lands subject to the
easement granted to NANA by this section is not in accordance with the
terms and conditions specified in the Agreement shall be made to the
Secretary in writing. The Secretary shall review any such complaint and
shall provide to NANA or its successors or assigns and to the
complainant a decision in writing on the complaint within 90 days of
receipt thereof. If the Secretary determines that the activity made the
subject of a complaint is not in accordance with the terms specified in
the Agreement, and NANA or its successors or assigns disagrees with that
determination, the dispute shall be resolved according to the procedures
established in Exhibit B to the Agreement.
"(i) The Secretary shall make available to NANA and its successors
and assigns the right to use sand, gravel and related construction
materials located in Sections 23, 24, 25, 26, 35 and 36 of Township 26
North, Range 24 West, Kateel River Meridian, Alaska, if the Secretary
determines either (1) that use of such sand, gravel or related
construction material reasonably available for the construction,
operation, maintenance, expansion or reclamation of the transportation
system; or (2) that use of such sand, gravel or related construction
material is necessary in order to construct, operate, maintain, expand,
or reclaim the transportation system in an environmentally sound manner,
consistent with the requirements of Exhibit B of the Agreement. The
right to use such sand, gravel and related construction material shall
be subject to the terms and conditions of paragraph A of Exhibit B of
the Agreement and such other reasonable terms and conditions as the
Secretary may prescribe.
"(j) Notwithstanding paragraph D(23) of the Agreement, the Secretary
shall not agree to any amendment to the Agreement without first
consulting with the Committee on Interior and Insular Affairs of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate and shall transmit copies of the text of any
amendment to the Agreement to those Committees at the time of his
agreeing to any such amendment.
"SEC. 35. "43 USC 1629a" (a) The terms and conditions of this
section are solely applicable to the lands described in paragraph A(1)
of the Agreement, which is defined by section 34(a)(1) of this Act and
modified by section 34, and shall not affect the relinquishment by NANA
described in section B(1) of such Agreement.
"(b) NANA Regional Corporation, Inc. ('NANA'), may convey by
quit-claim deed to the United States all of its interest in the surface
and subsurface estate in any lands described in subsection (a) of this
section: Provided, however, That NANA can relinquish only lands that
are compact and contiguous to other public lands within the Krusenstern
National Monument and, if the lands to be relinquished have been
disturbed by NANA, the Secretary must first determine that such
disturbance has not rendered the lands incompatible with Monument
values. Whenever NANA executes a quit-claim deed pursuant to this
section, it shall be entitled to designate and have conveyed to it any
lands outside the boundaries of the Cape Krusenstern National Monument
and any other conservation system unit, as established and defined by
the Alaska National Interest Lands Conservation Act (Public Law 96-478;
94 Stat. 2371, et seq.), "16 USC 3101 note" covered by any of its
pending selection applications filed under the entitlement provisions of
either section 12(b), 12(c) or 14(h)(8) of this Act, "43 USE 1611, 1613"
as amended. Lands conveyed to NANA pursuant to this subsection shall be
of a like estate and equal in acreage to that conveyed by NANA to the
United States. The lands conveyed to NANA pursuant to this subsection
shall be in exchange for the lands conveyed by NANA to the United States
and there shall be no change in the charges previously made to NANA's
land entitlements with respect to the lands conveyed by NANA to the
United States. Lands received by NANA pursuant to this subsection are
Settlement Act lands. "43 USE 1601 note."
"(c) NANA may relinquish any interest it has under selection
applications filed pursuant to this Act, as amended, in the surface and
subsurface estate of lands described in subsection (a) of this section
by formally withdrawing such application pursuant to this section:
Provided, however, That NANA can relinquish only interests in lands that
are compact and contiguous to other public lands within the Krusenstern
National Monument and, if the lands have been disturbed by NANA, the
Secretary must first determine that such disturbance has not rendered
the lands incompatible with Monument values. Whenever NANA formally
withdraws a selection application pursuant to this section, it shall be
entitled to designate and have conveyed to it lands outside the
boundaries of Cape Krusenstern National Monument and any other
conservation system unit, as established and defined by the Alaska
National Interest Lands Conservation Act (Public Law 96-487; 94 Stat.
2371, et seq.) pursuant to any of its pending selection applications
filed under either section 12(b), 12(c) or 14(h)(8) of this Act. Lands
conveyed to NANA under this subsection shall be of a like estate and
equal in acreage to the interest which NANA relinquished, and when the
lands are conveyed to NANA, the conveyance shall be charged against the
same entitlement of NANA as if the lands had been conveyed pursuant to
the relinquished selection applications. Lands received by NANA pursuant
to this subsection are Settlement Act lands.
"(d) The provisions of this section shall remain in effect only until
December 18, 1991.
"(e) Nothing in this section shall be deemed to alter or amend in any
way NANA's selection rights or to increase or diminish NANA's total
entitlement to lands pursuant to this Act.".
Approved September 25, 1985.
LEGISLATIVE HISTORY -- S. 444 (H.R. 1092):
SENATE REPORT No. 99-97 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 131 (1985): July 18, considered and
passed Senate. July 29, H.R. 1092 considered and passed House; S.
444, amended, passed in lieu. Aug. 1, Senate concurred in House
amendment with an amendment. Sept. 12, House concurred in Senate
amendments.
Public Law 99-95, 99 Stat. 459
Whereas the economy of this Nation is closely tied to technological
advances;
Whereas the United States has long been a leader in high technology
development;
Whereas it is of the highest national interest to focus our
collective abilities to maintain this leadership;
Whereas the national commitment to high technology development has
been called into doubt;
Whereas the youth of the Nation need to have educational
opportunities to grow and develop in a high technology environment; and
Whereas our youth should have a national focus on their high
technology future: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the month of October 1985
is designated as "National High-Tech Month". The President is requested
to issue a proclamation calling upon the people of the United States to
observe such month with appropriate ceremonies and activities, including
programs aimed at educating the Nation's youth about high technology.
Approved September 23, 1985.
LEGISLATIVE HISTORY -- H.J. Res. 128:
CONGRESSIONAL RECORD, Vol. 131 (1985): May 15, considered and passed
House. Sept. 12, considered and passed Senate.
Public Law 99-94, 99 Stat. 458
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is hereby
authorized and requested to issue a proclamation designating the week of
November 24, 1985, through November 30, 1985, and the week of November
23, 1986, through November 29, 1986, as "National Family Week", and
inviting the Governors of the several States, the chief officials of
local governments, and the people of the United States to observe such
week with appropriate ceremonies and activities.
Approved September 19, 1985.
LEGISLATIVE HISTORY -- S.J. Res. 31:
CONGRESSIONAL RECORD, Vol. 131 (1985): Mar. 28, considered and
passed Senate. Aug. 1, considered and passed House, amended. Sept. 8,
9, 10, Senate considered and concurred in House amendments.
Public Law 99-93, 99 Stat. 405
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Foreign Relations
Authorization Act, "22 USC 2651 note" Fiscal Years 1986 and 1987".
(b) TABLE OF CONTENTS. -- The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 101. Authorizations of appropriations.
Sec. 102. Permanent authorizations of appropriations.
Sec. 103. United Nations peacekeeping forces.
Sec. 104. Security earmark.
Sec. 105. Liaison by the National Commission on Educational,
Scientific, and Cultural Cooperation.
Sec. 106. Australian Bicentennial.
Sec. 107. World Commission on Environment and Development.
Sec. 108. Earmarking of refugee assistance funds.
Sec. 109. International Committee of the Red Cross.
Sec. 110. Limitations on use of migration and refugee assistance
funds.
Sec. 111. Restrictions on foreign assistance not applicable to
migration and refugee assistance.
Sec. 112. Personal services abroad relating to migration and refugee
assistance.
Sec. 113. Audits of U.S. funds received by the United Nations High
Commissioner for Refugees.
Sec. 114. Authorized uses of appropriated funds.
Sec. 115. Assistant Secretaries of State.
Sec. 116. Under Secretary of State for Economic and Agricultural
Affairs.
Sec. 117. Detail of officers and employees.
Sec. 118. Certain individuals employed abroad deemed to be employees
of United States for certain purposes.
Sec. 119. Appointments to the Senior Foreign Service by the
Secretary of Commerce.
Sec. 120. Pilot project for Foreign Service associates.
Sec. 121. Feasibility study of a lateral entry program into the
Foreign Service for businessmen and farmers.
Sec. 122. Health care benefits.
Sec. 123. Foreign Service Institute facilities.
Sec. 124. International Center.
Sec. 125. Special agents.
Sec. 126. Extraordinary protective services for foreign missions.
Sec. 127. Protecting United States interests under the Foreign
Missions Act.
Sec. 128. Peaceful resolution of international disputes.
Sec. 129. Furnishing of excess Government-owned property by the
Secretary of State.
Sec. 130. Official residence of Secretary of State.
Sec. 131. Strengthening the personnel system of the Bureau of
International Narcotics Matters.
Sec. 132. Sharing of information concerning drug traffickers.
Sec. 133. Extradition treaties.
Sec. 134. Establishment of a travel advisory on the state of
Jalisco, Mexico.
Sec. 135. Commendation of Ambassador to Mexico.
Sec. 136. Soviet employees at United States diplomatic and consular
missions in the Soviet Union.
Sec. 137. Responsibility of United States missions abroad to provide
support for United States businesses.
Sec. 138. Responsibility of United States missions to promote
freedom of the press abroad.
Sec. 139. Emergency telephone service at U.S. consular offices.
Sec. 140. Responsibilities of United States representatives to
international organizations.
Sec. 141. United States responsibilities for employees of the United
Nations.
Sec. 142. United States contributions to the United Nations if
Israel expelled.
Sec. 143. United Nations organizations reform in budget procedures.
Sec. 144. Limitation on assessed payments to the United Nations.
Sec. 145. International Jute Organization.
Sec. 146. INTELSAT.
Sec. 147. Soviet and Communist disinformation and press
manipulation.
Sec. 148. Murder of Major Arthur D. Nicholson, Junior.
Sec. 149. Inter-American cooperation in space, science, and
technology.
Sec. 150. Department of State Inspector General.
Sec. 151. Employees of the United Nations.
Sec. 152. Representation of minorities and women in the Foreign
Service.
Sec. 153. Board of the Foreign Service.
Sec. 154. Damages resulting from delays in the construction of the
United States embassy in Moscow.
Sec. 155. Soviet and international Communist behavior.
Sec. 201. Authorization of appropriations.
Sec. 202. Modernization of Voice of America.
Sec. 203. Radio broadcasting to Cuba.
Sec. 204. Funds for educational and cultural exchanges.
Sec. 205. Funds for worldwide book program initiative.
Sec. 206. Funds for exchange activities associated with the 1987 Pan
American Games.
Sec. 207. Funds for international games for the handicapped.
Sec. 208. Ban on domestic activities by the USIA.
Sec. 209. Private sector funding for USIA's private sector program.
Sec. 210. National Endowment for Democracy.
Sec. 211. Promoting democracy and an end to the apartheid policies
in South Africa.
Sec. 212. Distribution within the United States of the USIA film
entitled "Hal David: Expressing a Feeling".
Sec. 213. Distribution within the United States of three USIA films
relating to Afghanistan.
Sec. 214. Notification of program grants.
Sec. 301. Authorization of appropriations.
Sec. 302. Improvement of facilities.
Sec. 303. Radio Free Afghanistan.
Sec. 304. Management of RFE/RL, Incorporated.
Sec. 305. Role of the Secretary of State.
Sec. 306. Task force with respect to broadcasts to Soviet Jewry.
Sec. 401. Authorization of appropriations.
Sec. 501. Receipt and determination of certain claims.
Sec. 502. Deductions from arbitral awards.
Sec. 503. En bloc settlement.
Sec. 504. Reimbursement to the Federal Reserve Board of New York.
Sec. 505. Confidentiality of records.
Sec. 601. Statement of purpose.
Sec. 602. Findings and declarations of policy.
Sec. 603. Scholarship program authority.
Sec. 604. Guidelines.
Sec. 605. Authority to enter into agreements.
Sec. 606. Policy regarding other international educational programs.
Sec. 607. Establishment and maintenance of counseling services.
Sec. 608. Board of Foreign Scholarships.
Sec. 609. General authorities.
Sec. 610. English teaching, textbooks, and other teaching materials.
Sec. 611. Reporting requirement.
Sec. 612. Funding of scholarships for fiscal year 1986 and fiscal
year 1987.
Sec. 613. Latin American exchanges.
Sec. 614. Feasibility study of training programs in sizable Hispanic
populations.
Sec. 615. Compliance with Congressional Budget Act.
Sec. 701. Supplemental authorization of appropriations for fiscal
year 1985.
Sec. 702. Authorization of appropriations for fiscal years 1986 and
1987.
Sec. 703. Reports on adherence to and compliance with agreements.
Sec. 704. Pay for Deputy Director and Assistant Directors.
Sec. 705. New building in Geneva for the use of the United States
arms control negotiating teams.
Sec. 706. Study of measures to enhance crisis stability and control.
Sec. 707. Policy toward banning chemical weapons.
Sec. 708. Policy regarding a joint study by the United States and
the Soviet Union of the consequences of nuclear winter.
Sec. 801. Termination of national emergencies by joint resolution.
Sec. 802. United States Institute of Peace.
Sec. 803. Ex gratia payment to the Government of Switzerland.
Sec. 804. Policy toward application of the Yalta Agreement.
Sec. 805. Policy toward treatment of Soviet Pentecostals.
Sec. 806. Democracy on Taiwan.
Sec. 807. Increase United States-China trade.
Sec. 808. Use of United States owned rupees.
Sec. 809. Refugees in Thailand.
Sec. 810. Policy regarding foreign exchange intervention.
Sec. 811. Commending Mayor Teddy Kollek of Jerusalem.
Sec. 812. Japan-United States security relationship and efforts by
Japan to fulfill self-defense responsibilities.
Sec. 813. Diplomatic equivalence and reciprocity.
Sec. 814. United States International Narcotics Control Commission.
SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.
The following amounts are authorized to be appropriated for the
Department of State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the United
States and for other purposes authorized by law:
(1) ADMINISTRATION OF FOREIGN AFFAIRS. -- For "Administration
of Foreign Affairs", $1,828,088,000 for the fiscal year 1986 and
$1,873,790,000 for the fiscal year 1987.
(2) INTERNATIONAL ORGANIZATIONS AND CONFERENCES. -- For
"International Organizations and Conferences", $534,074,000 for
the fiscal year 1986 and $534,074,000 for the fiscal year 1987.
(3) INTERNATIONAL COMMISSIONS. -- For "International
Commissions", $28,704,000 for the fiscal year 1986 and $25,824,000
for the fiscal year 1987.
(4) MIGRATION AND REFUGEE ASSISTANCE. -- For "Migration and
Refugee Assistance", $344,730,000 for the fiscal year 1986 and
$344,730,000 for the fiscal year 1987.
(5) BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS. -- For "United
States Bilateral Science and Technology Agreements", $2,000,000
for the fiscal year 1986 and $2,000,000 for the fiscal year 1987.
(6) SOVIET-EAST EUROPEAN RESEARCH AND TRAINING. -- For
"Soviet-East European Research and Training", $4,800,000 for the
fiscal year 1986 and $5,000,000 for the fiscal year 1987.
SEC. 102. PERMANENT AUTHORIZATIONS OF APPROPRIATIONS.
(a) OTHER AUTHORIZATION OF APPROPRIATIONS. --
(1) Except for authorizations cited in paragraph (2), the only
amounts authorized to be appropriated for any fiscal year for the
accounts described in section 101 are those amounts specifically
authorized to be appropriated for those accounts.
(2) The other authorizations of appropriations referred to in
paragraph (1) are those contained in section 24 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696),
relating to increases in employee benefits authorized by law and
to adverse fluctuations in foreign currency exchange rates and
overseas wage and price changes, and in section 821 of the Foreign
Service Act of 1980 (22 U.S.C. 4061), relating to the Foreign
Service Retirement and Disability Fund.
(b) NOTIFICATION TO AUTHORIZING COMMITTEES OF CERTAIN REQUESTS FOR
APPROPRIATIONS. -- In any fiscal year, whenever the Secretary of State
submits to the Congress a request for appropriations pursuant to the
authorizations described in subsection (a)(2), the Secretary shall
notify the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate of such request.
SEC. 103. UNITED NATIONS PEACEKEEPING FORCES.
The Act entitled "An Act to authorize United States payments to the
United Nations for expenses of the United Nations peacekeeping forces in
the Middle East, and for other purposes", approved June 19, 1975 (89
Stat. 216), is amended by striking out "there is hereby authorized to be
appropriated to the Department of State" and inserting in lieu thereof
the following: "the Secretary of State may, to the extent funds are
authorized and appropriated for this purpose, make payments of".
SEC. 104. SECURITY EARMARK.
Of the amounts authorized to be appropriated for "Administration of
Foreign Affairs" by section 101(1), not less than $311,000,000 for the
fiscal year 1986 shall be available only for security-related capital
projects and improvements and the salaries and expenses associated with
security-related personnel.
SEC. 105. LIAISON BY THE NATIONAL COMMISSION ON EDUCATIONAL,
SCIENTIFIC, AND CULTURAL COOPERATION.
Of the amounts authorized to be appropriated for "Administration of
Foreign Affairs" by section 101(1), $250,000 for fiscal year 1986 and
$250,000 for the fiscal year 1987 shall be made available to the
National Commission on Educational, Scientific, and Cultural Cooperation
in order to enable the Commission to maintain a liaison between the
United States Government, the United States educational, scientific,
cultural, and communications communities, and the United Nations
Educational, Scientific, and Cultural Organization (UNESCO).
SEC. 106. AUSTRALIAN BICENTENNIAL.
(a) FINDING. -- The Congress finds that the American-Australian
Bicentennial Foundation, a private, nonprofit corporation established in
1983 for the purpose of coordinating all United States official and
private participation in the 1988 Australian Bicentennial celebration,
deserves and needs financial support to effectively carry out that
purpose.
(b) GRANT TO AMERICAN-AUSTRALIAN BICENTENNIAL FOUNDATION. -- From the
amounts authorized to be appropriated for "Administration of Foreign
Affairs" by section 101(1), the Secretary of State may make a grant in
each of the fiscal years 1986 and 1987 to the American-Australian
Bicentennial Foundation in support of its programs and operations to
prepare for United States participation in the Australian Bicentennial
celebration.
(c) AUTHORITY OF USIA NOT AFFECTED. -- Subsection (b) shall not be
construed to affect the authority delegated to the Director of the
United States Information Agency under section 102(a)(3) of the Mutual
Education and Cultural Exchange Act of 1961 (22 U.S.C. 2452(a)(3)).
SEC. 107. WORLD COMMISSION ON ENVIRONMENT AND DEVELOPMENT.
Of the amounts authorized to be appropriated for "International
Organizations and Conferences" by section 101(2), $750,000 for each of
the fiscal years 1986 and 1987 shall be available only for a voluntary
contribution to the World Commission on Environment and Development.
SEC. 108. EARMARKING OF REFUGEE ASSISTANCE FUNDS.
Of the amounts authorized to be appropriated for "Migration and
Refugee Assistance" by section 101(4) --
(1) $12,500,000 for the fiscal year 1986 and $25,000,000 for
the fiscal year 1987 shall be available only for assistance for
refugees resettling in Israel;
(2) $56,000,000 for the fiscal year 1986 and $56,000,000 for
the fiscal year 1987 shall be available only for assistance for
African refugees; and
(3) $2,500,000 for the fiscal year 1986 and $1,750,000 for the
fiscal year 1987 shall be available to combat piracy in the Gulf
of Thailand, for assistance to pirate victims, to promote the
rescue of refugees in distress at sea in Southeast Asia, and to
strengthen protection measures for Indochinese boat refugees.
SEC. 109. INTERNATIONAL COMMITTEE OF THE RED CROSS.
(a) FINDINGS. -- The Congress finds that --
(1) the International Committee of the Red Cross carries out
humanitarian missions vital to the United States, including --
(A) the promulgation and implementation of international
humanitarian law;
(B) the protection of prisoners of war and of noncombatants in
time of conflict;
(C) the protection of political prisoners;
(D) assistance in tracing persons to have disappeared in
conflicts or for political reasons;
(E) the provision of medicine, food, and essential assistance
to refugees and other victims of man-made disasters; and
(F) assistance in family reunification;
(2) the scope and number of activities carried out by the
International Committee of the Red Cross have, as a result of
recent global developments, necessarily increased; and
(3) there is an urgent need for increased support from the
international community for the regular budget and special appeals
of the International Committee of the Red Cross.
(b) UNITED STATES POLICY. -- It is the policy of the United States --
(1) to contribute to the International Committee of the Red
Cross, in any financial year, an amount not less than 20 percent
of the regular budget of the International Committee of the Red
Cross; and
(2) to support generously the special appeals made by the
International Committee of the Red Cross.
(c) EARMARKING. -- Of the amounts authorized to be appropriated for
"Migration and Refugee Assistance" by section 101(4) not less than
$4,500,000 for each of the fiscal years 1986 and 1987 shall be available
only for contribution to the regular budget of the International
Committee of the Red Cross.
(d) CONFORMING AMENDMENT. -- Section 105 of the Foreign Relations
Authorization Act, "91 Stat. 845" Fiscal Year 1978, is repealed.
SEC. 110. LIMITATIONS ON USE OF MIGRATION AND REFUGEE ASSISTANCE
FUNDS.
Of the amounts authorized to be appropriated for "Migration and
Refugee Assistance" by section 101(4), not more than $2,000,000 for the
fiscal year 1986 and not more than $2,000,000 for the fiscal year 1987
may be used for enhanced reception and placement services.
SEC. 111. RESTRICTIONS ON FOREIGN ASSISTANCE NOT APPLICABLE TO
MIGRATION AND REFUGEE ASSISTANCE.
Section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.
S.C. 2601) is amended by adding at the end thereof the following new
subsection:
"(f) The President may furnish assistance and make contributions
under this Act notwithstanding any provision of law which restricts
assistance to foreign countries.".
SEC. 112. PERSONAL SERVICES ABROAD RELATING TO MIGRATION AND REFUGEE
ASSISTANCE.
(a) AUTHORITY. -- Section 5(a) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2605) is amended --
(1) by striking out "and" at the end of paragraph (5);
(2) by redesignating existing paragraph (6) as paragraph (7);
and
(3) by inserting after paragraph (5) the following new
paragraph (6):
"(6) contracting for personal services abroad, and individuals
employed by contract to perform such services shall not be
considered to be employees of the United States for purposes of
any law administered by the Office of Personnel Management, except
that the Secretary of State may determine the applicability to
such individuals of section 2(f) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(f)) and of any other law
administered by the Secretary concerning the employment of such
individuals abroad; and".
(b) EFFECTIVE DATE. "22 USC 2605 note" -- Authority provided by the
amendment made by subsection (a) shall only apply with respect to funds
appropriated after the date of the enactment of this Act.
SEC. 113. AUDITS OF U.S. FUNDS RECEIVED BY THE UNITED NATIONS HIGH
COMMISSIONER FOR REFUGEES.
The Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et
seq.) is amended by adding at the end thereof the following new section:
"SEC. 8. "22 USC 2606" AUDITS OF U.S. FUNDS RECEIVED BY THE UNITED
NATIONS HIGH COMMISSIONER FOR REFUGEES.
(a) PROGRAM AUDITS. -- Funds may not be made available to the United
Nations High Commissioner for Refugees under this or any other Act
unless by June 1, 1986, the High Commissioner provides for --
"(1) annual program audits by an independent consultant, as
selected by the Executive Committee of the United Nations High
Commissioner for Refugees, to determine the use of such funds,
including audits of the use of such funds by private and voluntary
organizations; and
"(2) such audits to be made available through the Executive
Committee to the Department of State and for inspection by the
Comptroller General of the United States.
"(b) INSPECTION AND REPORT BY COMPTROLLER GENERAL. -- The Comptroller
General of the United States shall inspect each such audit and submit a
report of that inspection to the Congress.
"(c) FIRST PROGRAM AUDIT. -- The first program audit pursuant to
subsection (a)(1) shall begin not later than June 1, 1986.".
SEC. 114. AUTHORIZED USES OF APPROPRIATED FUNDS.
Section 2 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2669) is amended in the text preceding paragraph (a) by striking
out ", when funds are appropriated therefor, may" and inserting in lieu
thereof "may use funds appropriated or otherwise available to the
Secretary to".
SEC. 115. ASSISTANT SECRETARIES OF STATE.
(a) NUMBER OF ASSISTANT SECRETARIES. -- The first section of the Act
entitled "An Act to strengthen and improve the organization and
administration of the Department of State, and for other purposes",
approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out
"thirteen" and inserting in lieu thereof "fourteen".
(b) POSITIONS AT LEVEL IV OF THE EXECUTIVE PAY SCHEDULE. -- Section
5315 of title 5, United States Code, is amended --
(1) by striking out "Director, Bureau of Intelligence and
Research, Department of State."; and
(2) by striking out "(13)" following "Assistant Secretaries of
State" and inserting in lieu thereof "(14)".
SEC. 116. UNDER SECRETARY OF STATE FOR ECONOMIC AND AGRICULTURAL
AFFAIRS.
(a) REDESIGNATION. -- The first section of the Act entitled "An Act
to strengthen and improve the organization and administration of the
Department of State, and for other purposes", approved May 26, 1949 (22
U.S.C. 2652), is amended by striking out "Under Secretary of State for
Economic Affairs" and inserting in lieu thereof "Under Secretary of
State for Economic and Agricultural Affairs".
(b) CONFORMING AMENDMENT. -- Section 5314 of title 5, United States
Code, is amended by striking out "Under Secretary of State for Economic
Affairs" and inserting in lieu thereof "Under Secretary of State for
Economic and Agricultural Affairs".
SEC. 117. DETAIL OF OFFICERS AND EMPLOYEES.
Section 11(a) of the Department of State Appropriations Authorization
Act of 1973 (22 U.S.C. 2685(a)) is amended by inserting in the second
sentence after "does not exceed one year," the following: "or if the
number of officers and employees so detailed, assigned, or otherwise
made available at any one time does not exceed fifteen and the period of
any such detail, assignment, or availability of an officer or employee
does not exceed two years,".
SEC. 118. CERTAIN INDIVIDUALS EMPLOYED ABROAD DEEMED TO BE EMPLOYEES
OF UNITED STATES FOR CERTAIN PURPOSES.
(a) AUTHORITY. -- Section 2(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting
before the semicolon "for purposes of any law administered by the Office
of Personnel Management (except that the Secretary may determine the
applicability to such individuals of subsection (f) and of any other law
administered by the Secretary concerning the employment of such
individuals abroad)".
(b) EFFECTIVE DATE. -- "22 USC 2669 note" Authority provided by the
amendment made by subsection (a) shall only apply with respect to funds
appropriated after the date of the enactment of this Act.
SEC. 119. APPOINTMENTS TO THE SENIOR FOREIGN SERVICE BY THE
SECRETARY OF COMMERCE.
(a) LIMITED APPOINTMENTS TO THE SENIOR FOREIGN SERVICE BY THE
SECRETARY OF COMMERCE.
(a) LIMITED APPOINTMENT TO SENIOR FOREIGN SERVICE IN DEPARTMENT OF
COMMERCE. -- Section 305 of the Foreign Service Act of 1980 (22 U.S.C.
3945) is amended by adding at the end thereof the following new
subsection:
"(c)(1) Appointments to the Senior Foreign Service by the Secretary
of Commerce shall be excluded in the calculation and application of the
limitation in subsection (b).
"(2) Except as provided in paragraph (3), no more than one individual
(other than an individual with reemployment rights under section 310 "22
USC 3950" as a career appointee in the Senior Executive Service) may
serve under a limited appointment in the Senior Foreign Service in the
Department of Commerce at any time.
"(3) The Secretary of Commerce may appoint an individual to a limited
appointment in the Senior Foreign Service for a specific position abroad
if --
"(A) no career member of the Service who has the necessary
qualifications is available to serve in the position; and
"(B) the individual appointed has unique qualifications for the
specific position.".
(b) CONFORMING AMENDMENT. -- Section 2403(c) of such Act (22 U.S.C.
3901 note) is repealed.
(c) EFFECTIVE DATE. "22 USC 3945 note" -- The amendments made by
subsections (a) and (b) shall take effect on October 1, 1985.
SEC. 120. PILOT PROJECT FOR FOREIGN SERVICE ASSOCIATES.
(a) SENSE OF CONGRESS. -- It is the sense of the Congress that the
national interest of the United States would be well served by making
more productive use in United States missions abroad of the resources
that spouses of American personnel assigned to missions abroad are
qualified to provide.
(b) PILOT PROJECT. -- (1) The Secretary of State is authorized to
design, conduct, and evaluate a pilot project to test appropriate means
of increasing employment of qualified spouses of American personnel
assigned to United States missions. The intent of the pilot project
shall be to construct a feasible program within which spouses'
education, training, and relevant work experience can be used
effectively within the mission and in the furthering of United States
interests in the host country.
(2) The Secretary shall conduct the pilot project described in
paragraph (1) in accordance with section 311(b) of the Foreign Service
Act of 1980 (22 U.S.C. 3951(b)).
(c) COMMENCEMENT OF DESIGN PHASE. -- The Secretary shall undertake
the design phase of the pilot project upon the enactment of this Act.
(d) REPORT. -- The Secretary shall report to the Congress by February
1, 1986, on the design of the project and plans for its implementation
and evaluation. The report shall include an evaluation of the effects
of the pilot program on the full-time career positions in the Foreign
Service and on the positions for foreign service nationals.
SEC. 121. FEASIBILITY STUDY OF A LATERAL ENTRY PROGRAM INTO THE
FOREIGN SERVICE FOR BUSINESSMEN AND FARMERS.
(a) STUDY. -- The Secretary of State shall conduct a comprehensive
study on the feasibility and desirability of creating a program of
lateral entry into the Foreign Service for American businessmen,
farmers, and other occupations. This study shall analyze the need for
such a program by determining whether or not the personnel of the
Foreign Service is composed of many people with a diversity of
backgrounds such as business, farming, or other endeavors. The study
shall also analyze the costs of putting such a program into effect.
(b) REPORT. -- The Secretary of State shall report the results of
such a study to the Congress no later than 180 days after the date of
the enactment of this Act.
SEC. 122. HEALTH CARE BENEFITS.
Section 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084) is
amended --
(1) in subsection (a), by striking out "may" and inserting in
lieu thereof "shall";
(2) in subsection (b), by inserting ", and other preventive and
remedial care and services as necessary," after "inoculations or
vaccinations"; and
(3) by amending subsection (d) to read as follows:
"(d) If an individual eligible for health care under this section
incurs an illness, injury, or medical condition which requires treatment
while assigned to a post abroad or located overseas pursuant to
Government authorization, the Secretary may pay the cost of such
treatment.".
SEC. 123. FOREIGN SERVICE INSTITUTE FACILITIES.
(a) PURPOSE. -- "22 USC 4021 note" The purpose of this section is to
promote comprehensive training to meet the foreign relations and
national security objectives of the United States and to provide
facilities designed for that purpose to assure cost efficient training.
(b) CONSTRUCTION OF TRAINING FACILITIES. -- The Administrator of
General Services may construct a consolidated training facility for the
Foreign Service Institute on a site made available by the Secretary of
State or acquired by the Administrator of General Services. Such site
shall be located outside the District of Columbia but within reasonable
proximity to the Department of State. The Administrator of General
Services may carry out this subsection only to the extent that funds are
provided in advance in appropriation Acts to the Department of State and
are transferred to the Administrator of General Services for carrying
out this section.
(c) USE OF FUNDS. -- (1) Of amounts authorized to be appropriated to
the Department of State for fiscal years 1986 and 1987 for
"Administration of Foreign Affairs" by section 101(1), a total of not to
exceed $11,000,000 may be transferred by the Secretary of State to the
Administrator of General Services for carrying out feasibility studies,
site acquisition, and design, architectural, and engineering planning
under subsection (b) of this section.
(2) Of amounts authorized to be appropriated to the Department of
State for fiscal years beginning after September 30, 1987, for
"Administration of Foreign Affairs", a total not to exceed $50,000,000
may be transferred by the Secretary of State to the Administrator of
General Services for carrying out construction under subsection (c) of
this section.
(3) Funds may not be obligated for construction of a facility under
this section before the end of the period of 30 days of continuous
session of Congress beginning on the date on which plans and estimates
developed to carry out this section are submitted to the Committees on
Foreign Affairs and Public Works and Transportation of the House of
Representatives and the Committees on Foreign Relations and Environment
and Public Works of the Senate. In determining days of continuous
session of Congress for purposes of this paragraph --
(A) continuity of session is broken only by an adjournment of
Congress sine die; and
(B) the days on which either House is not in session because of
an adjournment of more than 3 days to a day certain are excluded
in the determination.
If both Houses of Congress are not in session on the day any plans
and estimates are submitted to such committees, such submittal shall be
deemed to have been submitted on the first succeeding day on which both
Houses are in session. If all such committees do not receive a
submittal on the same day, such period shall not begin until the date on
which all such committees have received it.
(d) JURISDICTION AND CUSTODY. -- The facility constructed under this
section and the site of such facility shall be under jurisdiction and in
the custody of the Administrator of General Services.
(e) OPERATION, MAINTENANCE, SECURITY, ALTERATION, AND REPAIR. -- (1)
The Administrator of General Services shall delegate, in accordance with
section 205 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 486) and section 15 of the Public Buildings Act of 1959
(40 U.S.C. 614), to the Secretary of State responsibility for the
operation, maintenance, and security of and alterations and repairs to
the facility constructed pursuant to this section, provided the facility
is used by the Secretary for the purposes authorized by this section.
(2) Not later than three months after occupancy of such facility, the
Secretary of State and the Administrator of General Services shall each
submit a report to the Committee on Foreign Affairs and the Committee on
Public Works and Transportation of the House of Representatives, and to
the Committee on Foreign Relations and the Committee on Environment and
Public Works of the Senate, on the delegation of responsibility,
pursuant to paragraph (1), for the operation, maintenance, and security
of and alterations and repairs to the facility constructed pursuant to
this section.
(f) EXEMPTION FROM PAYMENT OF CHARGES. -- (1) Except as provided in
paragraph (2), the Department of State shall be exempt from the charges
required by section 210(j) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 490(j)) for the use of the facility
constructed under this section for the Foreign Service Institute.
(2) The Administrator of General Services shall charge the Department
of State under such section 210(j) for the costs of any operation,
maintenance, repairs, or alterations of such facility carried out by the
Administrator of General Services.
SEC. 124. INTERNATIONAL CENTER.
The International Center Act "96 Stat. 102" is amended --
(1) in section 2 -- "96 Stat. 101"
(A) by striking out "Administrator of General Services" and
inserting in lieu thereof "Secretary of State, in consultation
with the Administrator of General Services,"; and
(B) by striking out "conveyed pursuant to" and inserting in
lieu thereof "described in"; and
(2) in section 4 -- "96 Stat. 101"
(A) by redesignating clauses (a) through (e) as clauses (1)
through (5), respectively, and by redesignating clause (f) as
clause (7);
(B) by inserting "(a)" after "SEC. 4.";
(C) by striking out "and" at the end of clause (5), as
redesignated by subparagraph (A), and inserting after such clause
(5) the following: "(6) facilities for security and maintenance,
and"; and
(D) by adding at the end of such section the following new
subsection:
"(b) The Secretary of State shall periodically advise the Committees
on Foreign Affairs and Public Works and Transportation of the House of
Representatives and the Committee on Foreign Relations of the Senate on
construction of facilities for security or maintenance under this
section.".
SEC. 125. SPECIAL AGENTS.
(a) AUTHORITY RELATING TO INVESTIGATIONS, PROTECTION, ARRESTS, AND
CARRYING FIREARMS. -- Title I of the State Department Basic Authorities
Act of 1956 "98 Stat. 2708" is amended by redesignating section 37 as
section 38 and by inserting the following new section 37 after section
36: "22 USC 2651 note"
"SEC. 37. "22 USC 2709" SPECIAL AGENTS.
"(a) GENERAL AUTHORITY. -- Under such regulations as the Secretary of
State may prescribe, special agents of the Department of State and the
Foreign Service may --
"(1) conduct investigations concerning illegal passport or visa
issuance or use;
"(2) for the purpose of conducting such investigations --
"(A) obtain and execute search and arrest warrants, and
"(B) obtain and serve subpoenas and summonses issued under the
authority of the United States;
"(3) protect and perform protective functions directly related
to maintaining the security and safety of --
"(A) heads of a foreign state, official representatives of a
foreign government, and other distinguished visitors to the United
States, while in the United States;
"(B) the Secretary of State, Deputy Secretary of State, and
official representatives of the United States Government, in the
United States or abroad;
"(C) members of the immediate family of persons described in
subparagraph (A) or (B); and
"(D) foreign missions (as defined in section 202(a)(4) of this
Act) and international organizations (as defined in section 209(
b) of this Act), within the United States;
"(4) if designated by the Secretary and qualified, under
regulations approved by the Attorney General, for the use of
firearms, carry firearms for the purpose of performing the duties
authorized by this section; and
"(5) arrest without warrant any person for a violation of
section 111, 112, 351, 911, 970, 1001, 1028, 1541, 1542, 1543,
1544, 1545, or 1546 of title 18, United States Code --
"(A) in the case of a felony violation, if the special agent
has reasonable grounds to believe that such person --
"(i) has committed or is committing such violation; and
"(ii) is in or is fleeing from the immediate area of such
violation; and
"(B) in the case of a felony or misdemeanor violation, if the
violation is committed in the presence of the special agent.
"(b) AGREEMENT WITH ATTORNEY GENERAL AND FIREARMS REGULATIONS. --
"(1) AGREEMENT WITH ATTORNEY GENERAL. -- The authority
conferred by paragraphs (1), (2), (4), and (5) of subsection (a)
shall be exercised subject to an agreement with the Attorney
General and shall not be construed to affect the investigative
authority of any other Federal law enforcement agency.
"(2) FIREARMS REGULATIONS. -- The Secretary of State shall
prescribe regulations, which shall be approved by the Attorney
General, with respect to the carrying and use of firearms by
special agents under this section.
"(c) SECRET SERVICE NOT AFFECTED. -- Nothing in subsection (a)(3)
shall be construed to preclude or limit in any way the authority of the
United States Secret Service to provide protective services pursuant to
section 202 of title 3, United States Code, or section 3056 of title 18,
United States Code, at a level commensurate with protective requirements
as determined by the United States Secret Service. The Secretary of
State, the Attorney General, and the Secretary of the Treasury shall
enter into an interagency agreement with respect to their law
enforcement functions.
"(d) TRANSMISSION OF REGULATIONS TO CONGRESS. -- The Secretary of
State shall transmit the regulations prescribed under this section to
the Committee on Foreign Affairs and the Committee on the Judiciary of
the House of Representatives and the Committee on Foreign Relations of
the Senate not less than 20 days before the date on which such
regulations take effect.".
(b) CONFORMING AMENDMENT. -- Section 22 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2704) is amended by striking out
"security officers" and inserting in lieu thereof "special agents".
(c) REPEAL OF EXISTING AUTHORITY. -- Section 4 of the Act entitled
"An Act to provide authority to protect heads of foreign states and
other officials" approved August 27, 1964 (22 U.S.C. 2667), and the Act
entitled "An Act to authorize certain officers and employees of the
Department of State and the Foreign Service to carry firearms" approved
June 28, 1955 (22 U.S.C. 2666), are repealed.
SEC. 126. EXTRAORDINARY PROTECTIVE SERVICES FOR FOREIGN MISSIONS.
(a) PERMANENT AUTHORIZATION. -- Title II of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) is amended by
adding at the end thereof the following:
"SEC. 214. "22 USC 4314" EXTRAORDINARY PROTECTIVE SERVICES.
"(a) GENERAL AUTHORITY. -- The Secretary may provide extraordinary
protective services for foreign missions directly, by contract, or
through State or local authority to the extent deemed necessary by the
Secretary in carrying out this title, except that the Secretary may not
provide under this section any protective services for which authority
exists to provide such services under sections 202(7) and 208 of title
3, United States Code.
"(b) REQUIREMENT OF EXTRAORDINARY CIRCUMSTANCES. -- The Secretary may
provide funds to a State or local authority for protective services
under this section only if the Secretary has determined that a threat of
violence, or other circumstances, exists which requires extraordinary
security measures which exceed those which local law enforcement
agencies can reasonably be expected to take.
"(c) CONSULTATION WITH CONGRESS BEFORE OBLIGATION OF FUNDS. -- Funds
may be obligated under this section only after regulations to implement
this section have been issued by the Secretary after consultation with
appropriate committees of the Congress.
"(d) RESTRICTIONS ON USE OF FUNDS. -- Of the funds made available for
obligation under this section in any fiscal year --
"(1) not more than 20 percent may be obligated for protective
services within any single State during that year; and
"(2) not less than 15 percent shall be retained as a reserve
for protective services provided directly by the Secretary or for
expenditures in local jurisdictions not otherwise covered by an
agreement for protective services under this section.
The limitations on funds available for obligation in this subsection
shall not apply to unobligated funds during the final quarter of any
fiscal year.
"(e) PERIOD OF AGREEMENT WITH STATE OR LOCAL AUTHORITY. -- Any
agreement with a State or local authority for the provision of
protective services under this section shall be for a period of not to
exceed 90 days in any calendar year, but such agreements may be renewed
after review by the Secretary.
"(f) REQUIREMENT FOR APPROPRIATIONS. -- Contracts may be entered into
in carrying out this section only to such extent or in such amounts as
are provided in advance in appropriation Acts.
"(g) WORKING CAPITAL FUND. -- Amounts used to carry out this section
shall not be subject to section 208(h),". "22 USC 4308"
(b) SECRET SERVICE NOT AFFECTED. -- Section 204(e) of such Act (22
U.S.C. 4304(e)) is amended by striking out "section" and inserting in
lieu thereof "title".
(c) AUTHORITY TO PROVIDE CERTAIN PROTECTIVE SERVICES BY CONTRACT. --
Section 208(a) of title 3, United States Code, is amended by inserting
after the first sentence the following new sentence: "The Secretary of
Treasury may carry out the functions pursuant to section 202(7) by
contract.".
(d) REPEAL OF EXISTING AUTHORITY. -- Section 605 of the Foreign
Missions Amendments Act of 1983 (97 Stat. 1042) is repealed.
(e) EFFECTIVE DATE. "22 USC 4314 note" -- The amendments made by
this section shall take effect on October 1, 1985.
SEC. 127. PROTECTING UNITED STATES INTERESTS UNDER THE FOREIGN
MISSIONS ACT.
(a) DETERMINATIONS RELATING TO TREATMENT TO FOREIGN MISSIONS. --
Section 201(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 4301(c)) is amended by inserting immediately before the period at
the end thereof ", as well as matters relating to the protection of the
interests of the United States".
(b) EXPANDING THE DEFINITION OF FOREIGN MISSION. -- Section 202(a)(
4) of such Act (22 U.S.C. 4302(a)(4)) is amended --
(1) by striking out "official mission to" and inserting in lieu
thereof "mission to or agency in"; and
(2) by inserting before the comma at the end of subparagraph
(B) "or which engages in some aspect of the conduct of the
international affairs of such territory or political entity".
(c) CLARIFYING THAT THE SECRETARY CAN REQUIRE A FOREIGN MISSION TO
FOREGO A BENEFIT. -- Section 204(b) of such Act (22 U.S.C. 4304(b)) is
amended by inserting "to forego the acceptance, use, or relation of any
benefit or" after "(B).
(d) CONSIDERATIONS RELATING TO REAL PROPERTY. -- Section 205(b) of
such Act (22 U.S.C. 4305(b)) is amended --
(1) by striking out "or" at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2) and
inserting in lieu thereof "; or"; and
(3) by adding at the end thereof the following new paragraph:
"(3) where otherwise necessary to protect the interests of the
United States.".
(e) MANDATORY NOTIFICATION WITH RESPECT TO REAL PROPERTY DEALINGS OF
FOREIGN MISSION. -- Section 205(a)(1) of such Act (22 U.S.C. 4305(a)(
1)) is amended --
(1) in the first sentence, by striking out "may" and inserting
in lieu thereof "shall";
(2) in the first sentence, by inserting ", including any
mission to an international organization (as defined in section
209(b)(2))," after "foreign mission"; and
(3) in the second sentence, by striking out "If such
notification is required, the" and inserting in lieu thereof
"The".
SEC. 128. PEACEFUL RESOLUTION OF INTERNATIONAL DISPUTES.
Title I of the State Department Basic Authorities Act of 1956 (as
amended by section 125 of this Act) is further amended by redesignating
section 38 as section 39 and inserting after section 37 the following
new section 38: "22 USC 2651 note"
"SEC. 38. "22 USC 2710" EXPENSES RELATING TO PARTICIPATION IN
ARBITRATIONS OF CERTAIN DISPUTES.
"(a) INTERNATIONAL AGREEMENTS. -- The Secretary of State may use
funds available to the Secretary for the expenses of United States
participation in arbitrations and other proceedings for the peaceful
resolution of disputes under treaties or other international agreements.
"(b) CONTRACTS ABROAD. -- The Secretary of State may use funds
available to the Secretary for the expenses of United States
participation in arbitrations arising under contracts authorized by law
for the performance of services or acquisition of property, real or
personal, abroad.".
SEC. 129. FURNISHING OF EXCESS GOVERNMENT-OWNED PROPERTY BY THE
SECRETARY OF STATE.
Section 607 of the Foreign Assistance Act of 1961 (22 U.S.C. 2357) is
amended --
(1) in subsection (c) --
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(B) by striking out "(c) No" and inserting in lieu thereof
"(c)(1) Except as provided in subsection (d), no"; and
(C) by adding at the end thereof the following new paragraph:
"(2) For purposes of transferring property described in this
subsection in furtherance of the provisions of chapter 8 of part I of
this Act, the phrase 'the agency administering such part I' "22 USC
2291" shall be considered to refer to the Department of State."; and
(2) by adding at the end thereof the following:
"(d) The Secretary of State, acting through the Assistant Secretary
of State for Oceans and International Environmental and Scientific
Affairs, is authorized to transfer to any friendly country,
international organization, the American Red Cross, or other voluntary
nonprofit relief agency described in subsection (a), Government-owned
excess property made available under this section or section 608 in
order to support activities carried out under part I of this Act "22 USC
2358" which are designed to enhance environmental protection in foreign
countries if the Secretary of State makes a written determination -- "22
USC 2151"
"(1) that there is a need for such property in the quantity
requested and that such property is suitable for the purpose
requested;
"(2) as to the status and responsibility of the designated
end-user and his ability effectively to use and maintain such
property; and
"(3) that the residual value, serviceability, and appearance of
such property would not reflect unfavorably on the image of the
United States and would justify the costs of packing, crating,
handling, transportation, and other accessorial costs, and that
the residual value at least equals the total of these costs.".
SEC. 130. "22 USC 2697 note" OFFICIAL RESIDENCE OF SECRETARY OF
STATE.
(a) CONGRESSIONAL REVIEW. -- It is the sense of the Congress that the
United States should not accept a gift of any house or other place of
residence for the purpose of providing an official residence for the
Secretary of State unless the Congress has had an opportunity to review
the proposed gift.
(b) STUDY AND REPORT. -- The Secretary of State shall conduct a study
of any offer of a gift for the purpose of providing a place of official
residence for the Secretary of State. Such study shall include an
examination of the costs to the United States associated with accepting
such gift, including the costs of acquisition, maintenance, security,
and daily operation of a residence. The Secretary shall report the
results of any study conducted under this section to the Committee on
Foreign Affairs and the Committee on Public Works and Transportation of
the House of Representatives and to the Committee on Foreign Relations
and the Committee on Environment and Public Works of the Senate.
SEC. 131. STRENGTHENING THE PERSONNEL SYSTEM OF THE BUREAU OF
INTERNATIONAL NARCOTICS MATTERS.
No later than 90 days after the date of the enactment of this Act,
the Secretary of State shall report to the Congress on the status of
proposals implemented or under consideration to improve the staffing and
personnel management in the Bureau of International Narcotics Matters.
This report shall explicitly discuss whether a narcotics specialist
personnel category in the Foreign Service is an appropriate mechanism to
serve these purposes and, if not, what alternatives are contemplated.
SEC. 132. "8 USC 1182 note" SHARING OF INFORMATION CONCERNING DRUG
TRAFFICKERS.
(a) REPORTING SYSTEMS. -- In order to ensure that foreign narcotics
traffickers are denied visas to enter the United States, as required by
section 212(a)(23) of the Immigration and Naturalization Act (22 U.S.C.
1182(a)(23)) -- "8 USC 1182"
(1) the Department of State shall cooperate with United States
law enforcement agencies, including the Drug Enforcement
Administration and the United States Customs Service, in
establishing a comprehensive information system on all drug
arrests of foreign nationals in the United States, so that that
information may be communicated to the appropriate United States
embassies; and
(2) the National Drug Enforcement Policy Board shall agree on
uniform guidelines which would permit the sharing of information
on foreign drug traffickers.
(b) REPORT. -- Not later than six months after the date of the
enactment of this Act, the Chairman of the National Drug Enforcement
Policy Board shall submit a report to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate on the steps taken to implement this section.
SEC. 133. "18 USC 3181" EXTRADITION TREATIES.
The Secretary of State, with the assistance of the National Drug
Enforcement Policy Board, shall increase United States efforts to
negotiate updated extradition treaties relating to narcotics offenses
with each major drug-producing country, particularly those in Latin
America.
SEC. 134. RECOMMENDATION OF A TRAVEL ADVISORY ON THE STATE OF
JALISCO, MEXICO.
(a) VIOLENCE AGAINST AMERICANS. -- The Congress --
(1) deplores the brutal murder of Drug Enforcement
Administration Administration agent Enrique Camarena Salazar, and
the abduction and disappearance of numerous other Americans,
including John Clay Walker, Alberto Radelat, Dennis Carlson, Rose
Carlson, Benjamin Mascarenas, and Patricia Mascarenas; and
(2) finds that the violence perpetrated by drug traffickers in
Mexico constitute a danger to the safety of United States citizens
living and traveling in the State of Jalisco, Mexico.
(b) TRAVEL ADVISORY. -- The Congress, therefore, recommends that the
Secretary of State issue a travel advisory warning United States
citizens of the current dangers of traveling in the State of Jalisco,
Mexico. Such travel advisory should remain in effect until those
responsible for the abduction or murder of any of the United States
citizens referred to in subsection (a)(1) have been brought to trial and
a verdict has been obtained.
(c) REPORT. -- Not later than 90 days after the date of the enactment
of this Act and each 90 days thereafter, the Secretary of State shall
transmit a written report to the Congress on the progress made in the
Camarena case, the investigations of the disappearance of United States
citizens, and the general safety of United States tourists in Mexico.
SEC. 135. COMMENDATION OF AMBASSADOR TO MEXICO.
The Congress commends our fine Ambassador to Mexico, John Gavin, for
insuring a full and complete investigation and prosecution of the
murderers of Enrique Camerena and for his continuing advocacy of a
strong drug enforcement program.
SEC. 136. "22 USC 3943 note" SOVIET EMPLOYEES AT UNITED STATES
DIPLOMATIC AND CONSULAR MISSIONS IN THE SOVIET UNION.
(a) LIMITATION. -- To the maximum extent practicable, citizens of the
Soviet Union shall not be employed as foreign national employees at
United States diplomatic or consular missions in the Soviet Union after
September 30, 1986.
(b) REPORT. -- Should the President determine that the implementation
of subsection (a) poses undue practical or administrative difficulties,
he is requested to submit a report to the Congress describing the number
and type of Soviet foreign national employees he wishes to retain at or
in proximity to United States diplomatic and consular posts in the
Soviet Union, the anticipated duration of their continued employment,
the reasons for their continued employment, and the risks associated
with the retention of these employees.
SEC. 137. RESPONSIBILITY OF UNITED STATES MISSIONS ABROAD TO PROVIDE
SUPPORT FOR UNITED STATES BUSINESSES.
(a) FINDINGS. -- The Congress finds that --
(1) the United States is faced with increasingly larger trade
deficits every year;
(2) section 104 of the Foreign Service Act of 1980 "22 USC
3904" provides that the members of the Foreign Service shall
represent the interests of the United States in relation to
foreign countries;
(3) section 207(c) of the Foreign Service Act of 1980 "22 USC
3927" provides that each chief of mission to a foreign country
shall have as a principal duty the promotion of United States
goods for export to that country; and
(4) the promotion of United States business interests abroad is
a fundamental aspect of United States relations with foreign
countries.
(b) POLICY. -- It is the sense of the Congress that it is imperative,
and in the national interest of the United States, that each United
States mission to a foreign country provide such support as may be
necessary to United States citizens seeking to do business in that
country.
SEC. 138. "22 USC 2656 note" RESPONSIBILITY OF UNITED STATES
MISSIONS TO PROMOTE FREEDOM OF THE PRESS ABROAD.
(a) RESPONSIBILITY. -- The United States chief of mission to a
foreign country in which there is not respect for freedom of the press
shall actively promote respect for freedom of the press in that country.
(b) DEFINITION. -- As used in this section, the term "respect for
freedom of the press" means that a government --
(1) allows foreign news correspondents into the country and
does not subject them to harassment or restrictions;
(2) allows nongovernment-owned press to operate in the country;
and
(3) does not subject the press in the country to systematic
censorship.
SEC. 139. "22 USC 2656 note" EMERGENCY TELEPHONE SERVICE AT U.S.
CONSULAR OFFICES.
It is the sense of the Congress that the Secretary of State should
ensure that all United States consular offices are equipped with 24-hour
emergency telephone service through which United States citizens can
contact a member of the staff of any such office. The Secretary should
publicize the telephone number of each such service for the information
of of United States citizens. Not more than 90 days after the date of
the enactment of this Act, the Secretary shall submit a report to the
Congress on steps taken in accordance with this section.
SEC. 140. RESPONSIBILITIES OF UNITED STATES REPRESENTATIVES TO
INTERNATIONAL ORGANIZATIONS.
(a) FINDINGS. -- The Congress finds that --
(1) international organizations of which the United States is a
member are increasingly involved in the consideration of proposals
that may have a significant impact on the interstate or foreign
commerce of the United States; and
(2) these proposals are not always adequately publicized or
considered pursuant to open and fair procedures available to
interested persons.
(b) POLICY. -- It is the sense of the Congress that --
(1) the United States representatives to United Nations-related
agencies and to other international organizations should oppose
the adoption of international marketing and distribution
regulations or restrictions which unnecessarily impede the export
of United States goods and services; and
(2) the Secretary of State, to the extent practicable, should
publish procedures to provide interested persons with timely
notice and an opportunity to comment on such regulations and
restrictions under consideration in international organizations as
the Secretary determines may significantly affect --
(A) the interstate or foreign commerce of the United States;
(B) the policies or programs of the United States Government;
or
(C) any State significantly affected by interstate or foreign
commerce.
SEC. 141. "22 USC 4309a" UNITED STATES RESPONSIBILITIES FOR
EMPLOYEES OF THE UNITED NATIONS.
Title II of the State Department Basic Authorities Act of 1956 is
amended by adding after section 209 (22 U.S.C. 4309) the following new
section:
"SEC. 209A. UNITED STATES RESPONSIBILITIES FOR EMPLOYEES OF THE
UNITED NATIONS.
"(a) FINDINGS. -- The Congress finds that --
"(1) pursuant to the Agreement Between the United States and
the United Nations Regarding the Headquarters of the United
Nations (authorized by Public Law 80-357 (22 U.S.C. 287 note)),
the United States has accepted --
"(A) the obligation to permit and to facilitate the right of
individuals, who are employed by or are authorized by the United
Nations to conduct official business in connection with that
organization or its agencies, to enter into and exit from the
United States for purposes of conducting official activities
within the United Nations Headquarters District, subject to
regulation as to points of entry and departure; and
"(B) the implied obligation to permit and to facilitate the
acquisition of facilities in order to conduct such activities
within or in proximity to the United Nations Headquarters
District, subject to reasonable regulation including regulation of
the location and size of such facilities; and
"(2) taking into account paragraph (1) and consistent with the
obligation of the United States to facilitate the functioning of
the United Nations, the United States has no additional obligation
to permit the conduct of any other activities, including
nonofficial activities, by such individuals outside of the United
Nations Headquarters District.
(b) ACTIVITIES OF UNITED NATIONS EMPLOYEES. -- (1) The conduct of any
activities, or the acquisition of any benefits (as defined in section
201(a)(1) of this title), "22 USC 4301" outside the United Nations
Headquarters District by any individual employed by, or authorized by
the United Nations to conduct official business in connection with, that
organization or its agencies, or by any person or agency acting on
behalf thereof, as may be permitted or denied or subject to reasonable
regulation, as determined to be in the best interests of the United
States and pursuant to this title.
"(2) The Secretary shall apply to those employees of the United
Nations Secretariat who are nationals of a foreign country or members of
a foreign mission all terms, limitations, restrictions, and conditions
which are applicable pursuant to this title to the members of that
country's mission or of any other mission to the United Nations unless
the Secretary determines and reports to the Congress that national
security and foreign policy circumstances require that this paragraph be
waived in specific circumstances.
"(c) REPORTS. -- The Secretary shall report to the Congress --
"(1) not later than 30 days after the date of the enactment of
this section, on the plans of the Secretary for implementing this
section; and
"(2) not later than 6 months thereafter, on the actions taken
pursuant to those plans.
"(d) UNITED STATES NATIONALS. -- This section shall not apply with
respect to any United States national.
"(e) DEFINITIONS. -- For purposes of this section, the term 'United
Nations Headquarters District' means the area within the United States
which is agreed to by the United Nations and the United States to
constitute such a district, together with such other areas as the
Secretary of State may approve from time to time in order to permit
effective functioning of the United Nations or missions to the United
Nations.".
SEC. 142. UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS IF
ISRAEL EXPELLED.
Section 115(b) of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (22 U.S.C. 287 note) is amended by striking out the
last sentence and inserting in lieu thereof the following: "The United
States shall reduce its annual assessed contribution to the United
Nations or such specialized agency by 8.34 percent for each month in
which United States participation is suspended pursuant to this
section.".
SEC. 143. "22 USC 287e note" UNITED NATIONS ORGANIZATIONS REFORM IN
BUDGET PROCEDURES.
(a) FINDINGS. -- The Congress finds that the United Nations and its
specialized agencies which are financed through assessed contributions
of member states have not paid sufficient attention in the development
of their budgets to the views of the member governments who are major
financial contributors to those budgets.
(b) VOTING RIGHTS. -- In order to foster greater financial
responsibility in preparation of the budgets of the United Nations and
its specialized agencies which are financed through assessed
contributions, the Secretary of State shall seek the adoption by the
United Nations and its specialized agencies of procedures which grant
voting rights to each member state on matters of budgetary consequence.
Such voting rights shall be proportionate to the contribution of each
such member state to the budget of the United Nations and its
specialized agencies.
(c) LIMITATION ON ASSESSED CONTRIBUTIONS. -- No payment may be made
for an assessed contribution to the United Nations or its specialized
agencies in excess of 20 percent of the total annual budget of the
United Nations or its specialized agencies (respectively) for the United
States fiscal year 1987 and following years unless the United Nations
and its specialized agencies have adopted the voting rights referred to
in subsection (b).
SEC. 144. LIMITATION ON ASSESSED PAYMENTS TO THE UNITED NATIONS.
Section 114 of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (22 U.S.C. 287e note), is amended in subsection (a)
--
(1) by striking out "and" at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof a semicolon; and
(3) by adding at the end of the subsection the following:
"(4) 25 percent of the amount budgeted for that year for the
Second Decade to Combat Racism and Racial Discrimination;
"(5) 25 percent of the amount budgeted for any other United
Nations agency or conference whose sole or partial purpose is to
implement the provisions of General Assembly Resolution 33/79;
and
"(6) 26 percent of the amount budgeted for the General
Assembly-approved $73,500,000 conference center to be constructed
for the Economic Commission for Africa (ECA) in the Ethiopian
capital of Addis Ababa.".
SEC. 145. INTERNATIONAL JUTE ORGANIZATION.
The President is authorized to maintain membership of the United
States in the International Jute Organization.
SEC. 146. INTELSAT.
(a) POLICY. -- The Congress declares that it is the policy of the
United States -- "47 USC 701 note"
(1) as a party to the International Telecommunications
Satellite Organization (hereafter in this section referred to as
"Intelsat"), to foster and support the global commercial
communications satellite system owned and operated by Intelsat;
(2) to make available to consumers a variety of communications
satellite services utilizing the space segment facilities of
Intelsat and any additional such facilities which are found to be
in the national interest and which --
(A) are technically compatible with the use of the radio
frequency spectrum and orbital space by the existing or planned
Intelsat space segment, and
(B) avoid significant economic harm to the global system of
Intelsat; and
(3) to authorize use and operation of any additional space
segment facilities only if the obligations of the United States
under article XIV(d) "23 UST 3813" of the Intelsat Agreement have
been met.
(b) PRECONDITIONS FOR INTELSAT CONSULTATION. Before consulting with
Intelsat for purposes of coordination of any separate international
telecommunications satellite system under article XIV(d) of the Intelsat
Agreement, the Secretary of State shall --
(1) in coordination with the Secretary of Commerce, ensure that
any proposed separate international satellite telecommunications
system comply with the Executive Branch conditions established
pursuant to the Presidential Determination No. 85-2; and "3 CFR,
1984 Comp., p. 254"
(2) ensure that one or more foreign authorities have authorized
the use of such system consistent with such conditions.
(c) AMENDMENT OF INTELSAT AGREEMENT. -- (1) The Secretary of State
shall consult with the United States signatory to Intelsat and the
Secretary of Commerce regarding the appropriate scope and character of a
modification to article V(d) of the Intelsat Agreement which would
permit Intelsat to establish cost-based rates for individual traffic
routes, as exceptional circumstances warrant, paying particular
attention to the need for avoiding significant economic harm to the
global system of Intelsat as well as United States national and foreign
policy interests.
(2)(A) To ensure that rates established by Intelsat for such routes
are cost-based, the Secretary of State, in consultation with the
Secretary of Commerce and the Chairman of the Federal Communications
Commission, shall instruct the United States signatory to Intelsat to
ensure that sufficient documentation, including documentation regarding
revenues and costs, is provided by Intelsat so as to verify that such
rates are in fact cost-based.
(B) To the maximum extent possible, such documentation will be made
available to interested parties on a timely basis.
(3) Pursuant to the consultation under paragraph (1) and taking the
steps prescribed in paragraph (2) to provide documentation, the United
States shall support an appropriate modification to article V(d) of the
Intelsat Agreement to accomplish the purpose described in paragraph (1).
"23 UST 3813"
(d) CONGRESSIONAL CONSULTATION. -- In the event that, after United
States consultation with Intelsat for the purposes of coordination under
article XIV(d) of the Intelsat Agreement for the establishment of a
separate international telecommunications satellite system, the Assembly
of Parties of Intelsat fails to recommend such a separate system, and
the President determines to pursue the establishment of a separate
system notwithstanding the Assembly's failure to approve such system,
the Secretary of State, after consultation with the Secretary of
Commerce, shall submit to the Congress a detailed report which shall set
forth --
(1) the foreign policy reasons for the President's
determination, and
(2) a plan for minimizing any negative effects of the
President's action on Intelsat and on United States foreign policy
interests.
(e) NOTIFICATION TO FEDERAL COMMUNICATIONS COMMISSION. -- In the
event the Secretary of State submits a report under subsection (d), the
Secretary, 60 calendar days after the receipt by the Congress of such
report, shall notify the Federal Communications Commission as to whether
the United States obligations under article XIV(d) of the Intelsat
Agreement have been met.
(f) IMPLEMENTATION. -- In implementing the provisions of this
section, the Secretary of State shall act in accordance with Executive
order 12046. "3 CFR, 1978 Comp., p. 158)
(g) DEFINITION. -- For the purposes of this section, the term
"separate international telecommunications satellite system" or
"separate system" means a system of one or more telecommunications
satellites separate from the Intelsat space segment which is established
to provide international telecommunications services between points
within the United States and points outside the United States, except
that such term shall not include any satellite or system of satellies
established --
(1) primarily for domestic telecommunications purposes and
which incidentally provides services on an ancillary basis to
points outside the jurisdiction of the United States but within
the western hemisphere, or
(2) solely for unique governmental purposes.
SEC. 147. SOVIET AND COMMUNIST DISINFORMATION AND PRESS
MANIPULATION.
Not later than one year after the date of the enactment of this Act,
the Secretary of State shall prepare, in consultation with the heads of
relevant Federal departments and agencies, and shall transmit to the
Speaker of the House of Representatives, and to the Chairman of the
Committee on Foreign Relations of the Senate, an unclassified report on
Soviet and Communist disinformation and press manipulation with respect
to the United States. Such report shall include a recommendation by the
President on the advisability of establishing, within the Department of
State, a permanent office of Soviet disinformation and press
manipulation. In conducting the study required by this section the
Secretary may make use of suitably qualified scholars and journalists.
SEC. 148. MURDER OF MAJOR ARTHUR D. NICHOLSON, JUNIOR.
It is the sense of the Congress that the United States should declare
persona non grata one or more senior defense attaches of the Soviet
Union's mission to the United States unless the President certifies to
the Congress, within 90 days after the date of the enactment of this Act
--
(1) that the Soviet Union has made a formal apology for the
murder of Major Arthur D. Nicholson, Junior; and
(2) that the Soviet Union has provided satisfactory assurances
that it will adhere to agreements concerning the status and safety
of military and civilian missions of western nations in the German
Democratic Republic.
SEC. 149. INTER-AMERICAN COOPERATION IN SPACE, SCIENCE, AND
TECHNOLOGY.
The Secretary of State shall conduct an in-depth study of the
feasibility and the economic and political benefits of the establishment
of a major initiative in Inter-American Cooperation in Space, Science,
and Technology. Not more than one year after the date of the enactment
of this Act, the Secretary shall submit a report to the Congress on the
findings of such study and shall include recommendations for
implementing such an initiative.
SEC. 150. DEPARTMENT OF STATE INSPECTOR GENERAL.
(a) ESTABLISHMENT UNDER INSPECTOR GENERAL ACT. -- (1) Section 2(l) of
the Inspector General Act of 1978 (5 U.S.C. App.) is amended --
(A) by striking out "and" immediately before "the Veterans'
Administration"; and
(B) by inserting immediately before the semicolon ", and the
Department of State".
(2) Section 11 of such Act is amended -- "5 USC app."
(1) in paragraph (1), by inserting "State," after "Labor,";
and
(2) in paragraph (2), by inserting "State," after "Labor,".
(b) LIMITATION ON AUTHORITY OF INSPECTOR GENERAL OF THE DEPARTMENT OF
STATE AND THE FOREIGN SERVICE. "22 USC 3929a" Notwithstanding section
209 of the Foreign Service Act of 1980 (22 U.S.C. 3929), any individual
appointed to or serving in the capacity of the Inspector General of the
Department of State and the Foreign Service shall be designated as the
"Program Inspector General" and may only perform such functions
(utilizing appropriate authority under such section) as may be necessary
for the purposes of carrying out subsection (g) of such section.
(c) REPORT. -- Not later than six months after the date of the
enactment of this Act, the Secretary of State shall submit a report to
the Congress on the steps the Secretary has undertaken to implement the
provisions of the amendment made by subsection (a).
SEC. 151. "22 USC 287e" EMPLOYEES OF THE UNITED NATIONS.
(a) INITIAL REPORT. -- Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall report to the
Congress on whether, and the extent to which, international civil
servants employed by the United Nations, including those seconded to the
United Nations, are required to return all or part of their salaries to
their respective governments. The Secretary shall also include in this
report a description of the steps taken by the Department of State and
by the United States Representative to the United Nations to correct
this practice.
(b) REPORT ON STEPS TO CORRECT PRACTICE. -- The Secretary of State
shall determine and report to the Congress on whether substantial
progress has been made by June 1, 1986, in correcting the practice of
international civil servants employed by the United Nations being
required to return all or part of their salaries to their respective
governments.
(c) REDUCTION IN CONTRIBUTION IF SUBSTANTIAL PROGRESS NOT MADE. -- If
the Secretary of State determines pursuant to subsection (b) that
substantial progress has not been made in correcting this practice, the
United States shall thereafter reduce the amount of its annual assessed
contribution to the United Nations proportionate share of that
contribution which is the United States proportionate share of the
salaries of those international civil servants employed by the United
Nations who are returning any portion of their salaries to their
respective governments.
(d) NATIONAL TAXATION. -- This section does not apply with respect to
payments made for purposes of national taxation in accordance with
formal treaty reservations concerning such taxation by a member state of
the United Nations.
SEC. 152. "23 USC 3922a" REPRESENTATION OF MINORITIES AND WOMEN IN
THE FOREIGN SERVICE.
(a) DEVELOPMENT OF PROGRAM. -- The head of each agency utilizing the
Foreign Service personnel system shall develop, consistent with section
7201 of title 5 of the United States Code, a plan designed to increase
significantly the number of members of minority groups and women in the
Foreign Service in that agency.
(b) EMPHASIS ON MID-LEVELS. -- Each plan developed pursuant to this
section shall, consistent with section 7201 of title 5 of the United
States Code, place particular emphasis on achieving significant
increases in the numbers of minority group members and women who are in
the mid-levels of the Foreign Service.
(c) REPORTS TO CONGRESS. -- The head of each agency utilizing the
Foreign Service personnel system shall report annually to the Congress
on the plan developed pursuant to this section as part of the report
required to be submitted pursuant to section 105(d)(2) of the Foreign
Service Act of 1980. "22 USC 3905" Subsequent reports pursuant to that
section shall include reports on the implementation of these plans,
giving particular attention to the progress being made in increasing,
through advancement and promotion, the numbers of members of minority
groups and women in the mid-levels of the Foreign Service.
SEC. 153. BOARD OF THE FOREIGN SERVICE.
Section 210 of the Foreign Service Act of 1980 (22 U.S.C. 3930) is
amended by striking out "a career member of the Senior Foreign Service
designated by the Secretary of State" in the second sentence and
inserting in lieu thereof "an individual appointed by the President".
SEC. 154. DAMAGES RESULTING FROM DELAYS IN THE CONSTRUCTION OF THE
UNITED STATES EMBASSY IN MOSCOW.
(a) RESTRICTION; REIMBURSEMENT FOR DAMAGES INCURRED. -- The
Secretary of State shall not permit the Soviet Union to occupy the new
chancery building at its new embassy complex in Washington, D.C., or any
other new facility in the Washington, D.C. metropolitan area, if the
Soviet Union fails to provide prompt and full reimbursement to the
United States for damages incurred as a result of the construction of
the new United States Embassy in Moscow. The amount of such
reimbursement shall be determined by agreement between the United States
and the Soviet Union or, in the event of disagreement, by international
arbitration pursuant to subsection (b).
(b) INTERNATIONAL ARBITRATION. -- Not later than 30 days after the
date of the enactment of this Act, the Secretary of State shall initiate
actions to begin the international arbitration process, which is
provided for in the embassy construction agreement between the United
States and the Soviet Union, in order to resolve all United States
claims against the Soviet Union for damages arising from delays in the
construction of the new United States Embassy complex in Moscow.
(c) REPORT. -- In the event the amount of reimbursement provided to
the United States under subsection (a) by the Soviet Union is less than
the amount of funds expended for the damages described in subsection (a)
that are determined by the Secretary of State to be the responsibility
of the Soviet Union, the Secretary of State shall submit a report to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate. Such report shall contain
a detailed explanation of the reasons the Secretary accepted the
settlement arrangements of the United States claims and the financial
costs to the United States of doing so.
(d) SUSPENSION OF RESTRICTIONS. -- The Secretary of State may suspend
the restrictions in subsection (a) in the interests of United States
national security of the Secretary certifies to the Congress that a
substantial number of the claims described in subsection (a) are settled
and that resolution of any remaining claims is proceeding in a
satisfactory manner. If the Secretary exercises the authority under
this subsection, the Secretary shall report to the appropriate
committees of the Congress every six months concerning progress on
resolution of any outstanding claims.
SEC. 155. SOVIET AND INTERNATIONAL COMMUNIST BEHAVIOR.
Not later than one year after the date of enactment of this section,
the Secretary of State shall prepare and transmit to the Speaker of the
House of Representatives, and to chairman of the Committee on Foreign
Relations of the Senate, an unclassified report on the advisability of
establishing a permanent office in the Department of State to study
Soviet and international Communist behavior that violates the concepts
of national sovereignty and peace between nations. In conducting the
study required by this section, the Secretary may make use of suitably
qualified journalists and scholars.
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise available for such purposes, there
are authorized to be appropriated for the United States Information
Agency $887,900,000 for the fiscal year 1986 and $887,900,000 for the
fiscal year 1987 to carry out international information, educational,
cultural, and exchange programs under the United States Information and
Educational Exchange Act of 1948, the Mutual Educational and Cultural
Exchange Act of 1961, "22 USC 1431 note, 2451 note" Reorganization Plan
Number 2 of 1977, the Radio Broadcasting to Cuba Act, "5 USC app. 22 USC
1465 note" and other purposes authorized by law. Amounts appropriated
under this section are authorized to remain available until expended.
SEC. 202. MODERNIZATION OF VOICE OF AMERICA.
Of the authorizations of appropriations contained in section 201,
authorizations of $136,594,000 for the fiscal year 1986 and $136,594,000
for the fiscal year 1987, which shall be available for essential
modernization of the facilities and operations of the Voice of America,
shall remain available until the appropriations are made and when those
amounts are appropriated they are authorized to remain available until
expended.
SEC. 203. RADIO BROADCASTING TO CUBA.
Of the amounts authorized to be appropriated by section 201, not less
than $11,500,000 for the fiscal year 1986 and not less than $11,700,000
for the fiscal year 1987 shall be available for the implementation of
the Radio Broadcasting to Cuba Act. "22 USC 1465 note"
SEC. 204. FUNDS FOR EDUCATIONAL AND CULTURAL EXCHANGES.
Of the amounts authorized to be appropriated by section 201 --
(1) not less than $128,899,500 for the fiscal year 1986 and not
less than $141,996,000 for the fiscal year 1987 shall be available
only for grants for the Fulbright Academic Exchange Programs and
the International Visitor Program;
(2) not less than $4,891,500 for the fiscal year 1986 and not
less than $5,479,000 for the fiscal year 1987 shall be available
only for grants for the Humphrey Fellowship Program; and
(3) $45,400,000 for the fiscal year 1986 and $45,100,000 for
the fiscal year 1987 shall be allocated to fund grants and
exchanges to Latin America and the Caribbean, and the amounts
utilized for programs in Central America shall be obligated in a
manner consistent with the recommendations of the National
Bipartisan Commission on Central America.
SEC. 205. FUNDS FOR WORLDWIDE BOOK PROGRAM INITIATIVE.
Of the amounts authorized to be appropriated by section 201, not less
than $7,500,000 for each of the fiscal years 1986 and 1987 shall be
available only for the worldwide book program initiative.
SEC. 206. FUNDS FOR EXCHANGE ACTIVITIES ASSOCIATED WITH THE 1987 PAN
AMERICAN GAMES.
Of the amounts authorized to be appropriated for the fiscal years
1986 and 1987 by section 201, not less than $1,500,000 for each such
fiscal year shall be available only to the Indiana Sports Corporation
for exchanges of persons and other exchange-related activities
associated with the 1987 Pan American Games to be held in Indianapolis,
Indiana.
SEC. 207. FUNDS FOR INTERNATIONAL GAMES FOR THE HANDICAPPED.
Of the amounts authorized to be appropriated for fiscal year 1986 by
section 201, $3,000,000 shall be available only to reimburse expenses
for exchange of athletes, coaches, and officials participating in
international games for the handicapped which are conducted in the
United States.
SEC. 208. "22 USC 1461-1a" BAN ON DOMESTIC ACTIVITIES BY THE USIA.
Except as provided in section 501 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1461) and this section,
no funds authorized to be appropriated to the United States Information
Agency shall be used to influence public opinion in the United States,
and no program material prepared by the United States Information Agency
shall be distributed within the United States. This section shall not
apply to programs carried out pursuant to the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.).
SEC. 209. PRIVATE SECTOR FUNDING FOR USIA'S PRIVATE SECTOR PROGRAM.
(a) LIMITATION ON GRANTS. -- No grant shall be made to any
organization through the Private Sector Program of the United States
Information Agency unless --
(1) costs equal to at least 15 percent of grants from the
United States Information Agency in fiscal year 1986, and
(2) costs equal to at least 25 percent of grants from the
United States Information Agency in fiscal year 1987,
for that organization's exchange and exchange-related programs are
provided for from non-United States Government sources.
(b) EXEMPTION FOR CERTAIN ORGANIZATIONS. -- Subsection (a) shall not
apply to grantee organizations which have been in existence for less
than one year.
(c) PROHIBITION ON FUNDING 1985 INTERNATIONAL YOUTH YEAR ACTIVITIES.
-- No funds from fiscal year 1986 appropriations for the United States
Information Agency or for any other United States Government agency
shall be available for grants related to 1985 International Youth Year
activities.
SEC. 210. NATIONAL ENDOWMENT FOR DEMOCRACY.
(a) REQUIREMENTS RELATING TO THE ENDOWMENT AND ITS GRANTEES. -- The
National Endowment for Democracy Act (22 U.S.C. 4411 et seq.) is amended
by adding at the end thereof the following new sections:
"SEC. 505. "22 USC 4414" REQUIREMENTS RELATING TO THE ENDOWMENT AND
ITS GRANTEES.
"(a) PARTISAN POLITICS. -- (1) Funds may not be expended, either by
the Endowment or by any of its grantees, to finance the campaigns of
candidates for public office.
"(2) No funds granted by the Endowment may be used to finance
activities of the Republican National Committee or the Democratic
National Committee.
"(3) No grants may be made to any institute, foundation, or
organization engaged in partisan activities on behalf of the Republican
or Democratic National Committee, on behalf of any candidate for public
office, or on behalf of any political party in the United States.
"(b) CONSULTATION WITH DEPARTMENT OF STATE. -- The Endowment shall
consult with the Department of State on any overseas program funded by
the Endowment prior to the commencement of the activities of that
program.
"SEC. 506. "22 USC 4415" FREEDOM OF INFORMATION.
"(a) COMPLIANCE WITH FREEDOM OF INFORMATION ACT. "5 USC 552 note" --
Notwithstanding the fact that the Endowment is not an agency or
establishment of the United States Government, the Endowment shall fully
comply with all of the provisions of section 552 of title 5, United
States Code.
"(b) PUBLICATION IN FEDERAL REGISTER. -- For purposes of complying
pursuant to subsection (a) with section 552(a)(1) of such title, the
Endowment shall make available to the Director of the United States
Information Agency such records and other information as the Director
determines may be necessary for such purposes. The Director shall cause
such records and other information to be published in the Federal
Register.
"(c) REVIEW BY USIA. -- (1) In the event that the Endowment
determines not to comply with a request for records under section 552,
"5 USC 552" the Endowment shall submit a report to the Director of the
the Endowment shall submit a report to the Director of the United States
Information Agency explaining the reasons for not complying with such
request.
"(2) If the Director approves the determination not to comply with
such request, the United States Information Agency shall assume full
responsibility, including financial responsibility, for defending the
Endowment in any litigation relating to such request.
"(3) If the Director disapproves the determination not to comply with
such request, the Endowment shall comply with such request.".
(b) AUDITS BY USIA. -- Section 504 of such Act "22 USC 4413" is
amended --
(1) by redesignating subsections (g) and (h) as subsections (h)
and (i), respectively, and
(2) by inserting after subsection (f) the following new
subsection (g):
"(g) The financial transactions of the Endowment for each fiscal year
may also be audited by the United States Information Agency under the
conditions set forth in subsection (f)(1).".
(c) GRANTS TO THE ENDOWMENT. -- Of the amounts authorized to be
appropriated by section 201 for the United States Information Agency,
not less than $18,400,000 for the fiscal year 1986 and not less than
$18,400,000 for the fiscal year 1987 shall be made available to the
National Endowment for Democracy.
(d) REPORTING DATE. -- Section 504(i) of the National Endowment for
Democracy Act (22 U.S.C. 4413(h)), as redesignated by subsection (b)(
1), is amended by striking out "December 31" and inserting in lieu
thereof "February 1".
SEC. 211. PROMOTING DEMOCRACY AND AN END TO THE APARTHEID POLICIES
IN SOUTH AFRICA.
(a) PURPOSE. -- It is the purpose of this section to encourage
funding for programs that would promote democracy and seek to end the
apartheid policies in South Africa, and that would be in addition to the
programs for South Africa funded under chapter 4 of part II of the
Foreign Assistance of 1961 (22 U.S.C. 2346 et seq.).
(b) USIA GRANTS TO THE NATIONAL ENDOWMENT FOR DEMOCRACY. -- It is the
sense of the Congress that the Director of the United States Information
Agency should make a grant of up to $500,000 for each of the fiscal
years 1986 and 1987 to the National Endowment for Democracy (in addition
to grants otherwise made by the Director to the Endowment) for use by
the Endowment in providing financing for programs that are designed to
promote democracy and that seek to end the apartheid policies in South
Africa.
(c) PROGRAMS DESIGNED TO END THE APARTHEID POLICIES. -- The programs
funded pursuant to this section shall be programs of support for actions
of non-white led community organizations in South Africa to terminate
apartheid policies such as --
(1) removal of black populations from certain geographic areas
on account of race or ethnic origin;
(2) denationalization of blacks, including any distinctions
between the South African citizenships of blacks and whites;
(3) residence restrictions based on race or ethnic origin;
(4) restrictions on the rights of blacks to seek employment in
South Africa and live wherever they find employment in South
Africa; and
(5) restrictions which make it impossible for black employees
and their families to be housed in family accommodations near
their place of employment.
(d) ELIGIBLE ORGANIZATIONS IN SOUTH AFRICA. -- Any program funded in
accordance with this section, which is to be carried out within South
Africa, should be a program which in both its character and
organizational sponsorship in South Africa clearly reflects the
aspirations of the indigenous majority of South Africans for the
establishment of democratic institutions and for an end to the apartheid
system of separate development, and should not be a program which is
financed or controlled by the Government of South Africa.
SEC. 212. DISTRIBUTION WITHIN THE UNITED STATES OF THE USIA FILM
ENTITLED "HAL DAVID: EXPRESSING A FEELING".
Notwithstanding section 208 of this Act and the second sentence of
section 501 of the United States Information and Education Exchange Act
of 1948 (22 U.S.C. 1461) --
(1) the Director of the United States Information Agency shall
make available to the Archivist of the United States a master copy
of the film entitled "Hal David: Expressing a Feeling"; and
(2) upon evidence that necessary United States rights and
licenses have been secured and paid for by the person seeking
domestic release of the film, the Archivist shall reimburse the
Director for any expenses of the Agency in making that master copy
available, shall deposit that film in the National Archives of the
United States, and shall make copies of that film available for
purchase and public viewing within the Unites States.
Any reimbursement to the Director pursuant to this section shall be
credited to the applicable appropriation of the United States
Information Agency.
SEC. 213. DISTRIBUTION WITHIN THE UNITED STATES OF THREE USIA FILMS
RELATING TO AFGHANISTAN.
Notwithstanding section 208 of this Act and the second sentence of
section 501 of the United States Information and Education Exchange Act
of 1948 (22 U.S.C. 1461) --
(1) the Director of the United States Information Agency shall
make available to the Archivist of the United States a master copy
of the films entitled "Afghanistan 1982: the Struggle for Freedom
Continues", "We are Afghanistan", and "Afghanistan: The Hidden
War"; and
(2) upon evidence that necessary United States rights and
licenses have been secured and paid for by the person seeking
domestic release of such a film, the Archivist shall reimburse the
Director for any expenses of the Agency in making the master copy
of such film available, shall deposit such film in the National
Archives of the United States, and shall make copies of such film
available for purchase and public viewing within the United
States.
Any reimbursement to the Director pursuant to this section shall be
credited to the applicable appropriation of the United States
Information Agency.
SEC. 214. NOTIFICATION OF PROGRAM GRANTS.
(a) APPLICATION TO FISCAL YEARS 1986 AND 1987. -- Section 705(b) of
the United States Information and Educational Exchange Act of 1948 (22
U.S.C. 1477c(b)) is amended by striking out "1984 and 1985" and
inserting in lieu thereof "1986 and 1987".
(b) EFFECTIVE DATE. "22 USC 1477c note" -- The amendment made by
subsection (a) shall take effect on October 1, 1985.
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) FISCAL YEARS 1986 AND 1987. -- Subparagraph (A) of section 8(a)(
1) of the Board for International Broadcasting Act of 1973 (22 U.S.C.
2877(a)(1)(A)) is amended to read as follows:
"(A) $125,000,000 for the fiscal year 1986 and $125,000,000 for
the fiscal year 1987; and".
(b) EFFECTIVE DATE. "22 USC 2877 note" -- The amendment made by
subsection (a) shall take effect on October 1, 1985.
SEC. 302. IMPROVEMENT OF FACILITIES.
Section 8 of the Board for International Broadcasting Act of 1973 (22
U.S.C. 2877) is amended by adding at the end thereof the following new
subsection:
"(c) Of the authorization of appropriations contained in subsection
(a)(1)(A), authorizations of $20,000,000 for the fiscal year 1986 and
$18,323,000 for the fiscal year 1987, which shall be available for radio
modernization, shall remain available until the appropriations are made
and when those amounts are appropriated they are authorized to remain
available until expended."
SEC. 303. RADIO FREE AFGHANISTAN.
(a) BIB PURPOSES. -- Paragraph (5) of section 2 of the Board for
International Broadcasting Act of 1973 (22 U.S.C. 2871(5)) is amended --
(1) by striking out "and" following "Republics" and inserting
in lieu thereof a comma, and
(2) by inserting ", and Afghanistan (as long as it is under
Soviet occupation)" after "Eastern Europe".
(b) AUTHORITY. -- The Board for International Broadcasting Act of
1973 (22 U.S.C. 2871 et seq.) is amended by adding at the end thereof
the following new section:
"SEC. 14. RADIO BROADCASTING TO AFGHANISTAN IN THE DARI AND PASHTO
LANGUAGES.
Funds granted to RFE/RL, Incorporated, under this Act "22 USC 2883"
may be used for radio broadcasting to the Afghan people in the Dari and
Pashto languages, such broadcasts to be designated 'Radio Free
Afghanistan'."
SEC. 304. MANAGEMENT OF RFE/RL, INCORPORATED.
(a) FINDINGS. -- The Congress finds that --
(1) RFE/RL, Incorporated, is essential to the continued and
effective furtherance of the open flow of information and ideas
throughout Eastern Europe and the Soviet Union;
(2) effective communication of information and ideas can only
be accomplished if the long-term credibility of RFE/RL,
Incorporated, operating in accordance with the highest standards
of professionalism, is maintained;
(3) the performance of RFE/RL, Incorporated, is dependent on
proper management, an objective approach to news, quality
programming, and effective oversight;
(4) the Board for International Broadcasting, in addition to
making grants, is responsible for overseeing broadcast quality and
effectiveness and for overseeing effective utilization of Federal
funds;
(5) RFE/RL, Incorporated, is responsible for its own management
and for daily broadcasts into Eastern Europe and the Soviet Union;
(6) the Board for International Broadcasting and RFE/RL,
Incorporated, must remain very distinct and different institutions
if they adhere to the Joint Explanatory Statement of the Committee
on Conference relating to the Board of International Broadcasting
Authorization Act, "22 USC 2871 note" Fiscal Years 1982 and 1983;
(7) the President of RFE/RL, Incorporated, who is responsible
for the proper management and supervision of the daily operations
of the radios, should devote the necessary resources and personnel
to strengthen both the oversight and quality of programming;
(8) the Board for International Broadcasting, in an effort to
preserve or enhance its ability to properly oversee the operations
of RFE/RL, Incorporated, must avoid even the appearance of
involvement in daily operational decisions and management of
RFE/RL, Incorporated; and
(9) the absence of satisfactory pre-broadcast review and the
lack of sufficient records of actions taken to explain or remedy
program problems identified through post-broadcast review, may
endanger the long-term credibility of RFE/RL, Incorporated.
(b) ACTIONS TO BE TAKEN BY RFE/RL. -- It is the sense of the Congress
that RFE/RL, Incorporated, should --
(1) strengthen existing broadcast control procedures and
post-broadcast program analysis; and
(2) improve its personnel management system to include such
things as better documentation of internal decisionmaking and
communication, personnel review, and job description.
(c) ACTIONS TO BE TAKEN BY BIB. -- It is the sense of the Congress
that the Board for International Broadcasting should --
(1) periodically review and update the Program Policy
Guidelines of RFE/RL, Incorporated, with the goal of maintaining
their clarity and responsiveness; and
(2) ensure that the distinctions between the Board for
International Broadcasting and RFE/RL, Incorporated, remain clear
and that these two entities continue to operate within the
framework established by law.
SEC. 305. ROLE OF THE SECRETARY OF STATE.
(a) ROLE. -- Section 6 of the Board for International Broadcasting
Act of 1973 (22 U.S.C. 2875) is amended --
(1) by inserting "(a)" after "SEC. 6.";
(2) by adding the following at the end of subsection (a), as so
designated by paragraph (1): "The Secretary shall report
regularly to the Board on the impact of broadcasts by RFE/RL,
Incorporated, in Eastern Europe and the Soviet Union."; and
(3) by adding at the end thereof the following new subsection:
"(b) No grant may be made under this Act unless RFE/RL, Incorporated,
agrees to the presence of an observer representing the Secretary of
State at the meetings of its Board of Directors.".
(b) LIAISON WITH RFE/RL, INCORPORATED; REPRESENTATION AT BOARD
MEETINGS. "22 USC 2875 note" -- The Secretary of State shall --
(1) establish an office within the United States Consulate in
Munich, Federal Republic of Germany, which shall be responsible
for the daily liaison operations of the Department of State with
RFE/RL, Incorporated; and
(2) be represented by an observer at each meeting of the Board
for International Broadcasting and of the Board of Directors of
RFE/RL, Incorporated.
SEC. 306. TASK FORCE WITH RESPECT TO BROADCASTS TO SOVIET JEWRY.
(a) ESTABLISH TASK FORCE. -- There shall be established by the Board
for International Broadcasting a task force to conduct a study of the
advisability and feasibility of increasing broadcasts to the Jewish
population within the Soviet Union.
(b) STUDY. -- The Task Force shall --
(1) investigate the needs of Jewish audiences in the Soviet
Union;
(2) study the practicality and desirability of establishing a
special program, in accordance with the Program Policy Guidelines
of RFE/RL, Inc., of Russian language broadcasting to the Jewish
population of the Soviet Union;
(3) study the advisability of incorporating such a special
program in a special unit of its Radio Liberty division entitled
the "Radio Maccabee Program of Radio Liberty";
(4) make recommendations with respect to the desirable content
of broadcast programming; and
(5) identify the needs and concerns of the activist as well as
the refusnik population in the Soviet Union.
(c) REPORT. -- Not later than 6 months after the date of the
enactment of this Act, the Board for International Broadcasting shall
submit a report to the Congress. Such report shall include the
following:
(1) Whether expansion of original programming scheduled
("Jewish Cultural and Social life") or planned ("Judaism") is
fulfilling the needs of the audience, and whether expanded
Soviet-Jewish programming should include broadcasts on Jewish
history, culture, religion, or other matters of general cultural,
intellectual, political, and religious interest to the Soviet
Jewish population, as well as Hebrew education courses.
(2) The extent to which such programming is broadcast in
Russian, Hebrew, and Yiddish.
(3) Recommendations for implementing expanded programming
within the structure of RFE/RL, Inc., including specific personnel
required and providing for a Soviet Jewry administrative unit
within Radio Liberty.
(4) The findings of, and the recommendations from, the study
required under subsection (b).
(d) MACCABEE PROGRAMMING. -- RFE/RL, Incorporated, shall strenghen
existing programming dealing with issues of concern to Jewish audiences
in the Soviet Union, to be known as Maccabee programming.
(e) EXISTING PERSONNEL TO CONDUCT STUDY AND MAKE REPORT. -- The study
and the report required by this section shall be carried out by existing
personnel of RFE, Inc., or the Board of International Broadcasting.
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Section 404 of The Asia Foundation Act (22 U.S.C. 4403) is amended to
read as follows:
"SEC. 404. There are authorized to be appropriated to the Secretary
of State $10,500,000 for each of the fiscal years 1986 and 1987 for
grants to The Asia Foundation pursuant to this title.".
SEC. 501. "50 USC 1701 note" RECEIPT AND DETERMINATION OF CERTAIN
CLAIMS.
(a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION. -- The Foreign
Claims Settlement Commission of the United States is authorized to
receive and determine the validity and amounts of claims by nationals of
the United States against Iran which are settled en bloc by the United
States. In deciding such claims, the Commission shall apply, in the
following order --
(1) the terms of any settlement agreement;
(2) the relevant provisions of the Declarations of the
Government of the Democratic and Popular Republic of Algeria of
January 19, 1981, giving consideration to interpretations thereof
by the Iran-United States Claims Tribunal; and
(3) applicable principles of international law, justice, and
equity.
Except as otherwise provided in this title, the provisions of title I
of the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et
seq.) shall apply with respect to claims under this section. Any
reference in such provisions to "this title" shall be deemed to refer to
those provisions and to this section.
(b) CERTIFICATION AND PAYMENT. -- The Commission shall certify to the
Secretary of the Treasury any awards determined pursuant to subsection
(a) in accordance with section 5 of title I of the International Claims
Settlement Act of 1949 (22 U.S.C. 1624). Such awards shall be paid in
accordance with sections 7 and 8 of such title (22 U.S.C. 1626 and
1627), except that --
(1) the Secretary of the Treasury is authorized to make
payments pursuant to paragraphs (1) and (2) of section 8(c) of
such title in the amount of $10,000 or the principal amount of the
award, whichever is less; and
(2) the Secretary of the Treasury may deduct, pursuant to
section 7(b) of such title, "22 USC 1626" an amount calculated in
accordance with section 502(a) of this Act, "22 USC 1627" instead
of 5 percent of payments made pursuant to section 8(c) of such
title.
SEC. 502. "50 USC 1701 note" DEDUCTIONS FROM ARBITRAL AWARDS.
(a) DEDUCTION FOR EXPENSES OF THE UNITED STATES. -- Except as
provided in section 503, the Federal Reserve Bank of New York shall
deduct from the aggregate amount awarded under each enumerated claim
before the Iran-United States Claims Tribunal in favor of a United
States claimant, an amount equal to 1 1/2 percent of the first
$5,000,000 and 1 percent of any amount over $5,000,000 as reimbursement
to the United States Government for expenses incurred in connection with
the arbitration of claims of United States claimants against Iran before
that Tribunal and the maintenance of the Security Account established
pursuant to the Declarations of the Democratic and Popular Republic of
Algeria of January 19, 1981. The Federal Reserve Bank of New York shall
make the deduction required by the preceding sentence whenever the Bank
receives an amount from the Security Account in satisfaction of an award
rendered by the Iran-United States Claim Tribunal on the enumerated
claim involved.
(b) DEDUCTION TREATED AS MISCELLANEOUS RECEIPT. -- Amounts deducted
by the Federal Reserve Bank of New York pursuant to subsection (a) shall
be deposited into the Treasury of the United States to the credit of
miscellaneous receipts.
(c) PAYMENT TO UNITED STATES CLAIMANTS. -- Nothing in this section
shall be construed to affect the payment to United States claimants of
amounts received by the Federal Reserve Bank of New York in respect of
awards by the Iran-United States Claims Tribunal, after deduction of the
amounts calculated in accordance with subsection (a).
(d) EFFECTIVE DATE. -- This section shall be effective as of June 7,
1982.
SEC. 503. "50 USC 1701 note" EN BLOC SETTLEMENT.
The deduction by the Federal Reserve Bank of New York provided for in
section 502(a) of this Act shall not apply in the case of a sum received
by the Bank pursuant to an en bloc settlement of any category of claims
of United States nationals against Iran when such sum is to be used for
payments in satisfaction of awards certified by the Foreign Claims
Settlement Commission pursuant to section 501(b) of this Act.
SEC. 504. "50 USC 1701 note" REIMBURSEMENT TO THE FEDERAL RESERVE
BANK OF NEW YORK.
The Secretary of the Treasury may reimburse the Federal Reserve Bank
of New York for expenses incurred by the Bank in the performance of
fiscal agency agreements relating to the settlement or arbitration of
claims pursuant to the Declarations of the Democratic and Popular
Republic of Algeria of January 19, 1981.
SEC. 505. "50 USC 1701 note" CONFIDENTIALITY OF RECORDS.
Notwithstanding section 552 of title 5, United States Code (commonly
referred to as the Freedom of Information Act), records pertaining to
the arbitration of claims before the Iran-United States Claims Tribunal
may not be disclosed to the general public, except that --
(1) rules, awards, and other decisions of the Tribunal and
claims and responsive pleadings filed at the Tribunal by the
United States on its own behalf shall be made available to the
public, unless the Secretary of State determines that public
disclosure would be prejudicial to the interests of the United
States or United States claimants in proceedings before the
Tribunal, or that public disclosure would be contrary to the rules
of the Tribunal; or
(2) the Secretary of State may determine on a case-by-case
basis to make such information available when in the judgment of
the Secretary the interests of justice so require.
SEC. 601. "22 USC 4701" STATEMENT OF PURPOSE.
The purpose of this title is to establish an undergraduate
scholarship program designed to bring students of limited financial
means from developing countries to the United States for study at United
States institutions of higher education.
SEC. 602. "22 USC 4702" FINDINGS AND DECLARATION OF POLICY.
The Congress finds and declares that --
(1) it is in the national interest for the United States
Government to provide a stable source of financial support to give
students in developing countries the opportunity to study in the
United States, in order to improve the range and quality of
educational alternatives, increase mutual understanding, and build
lasting links between those countries and the United States;
(2) providing scholarships to foreign students to study in the
United States has proven over time to be an effective means of
creating strong bonds between the United States and the future
leadership of developing countries and, at the same time, assists
countries substantially in their development efforts;
(3) study in United States institutions by foreign students
enhances trade and economic relationships by providing strong
English language skills and establishing professional and business
contacts;
(4) students from families of limited financial means have, in
the past, largely not had the opportunity to study in the United
States, and scholarship programs sponsored by the United States
have made no provision for identifying, preparing, or supporting
such students for study in the United States;
(5) it is essential that the United States citizenry develop
its knowledge and understanding of the developing countries and
their languages, cultures, and socioeconomic composition as these
areas assume an ever larger role in the world community;
(6) the number of United States Government-sponsored
scholarships for students in developing countries has been
exceeded as much as twelve times in a given year by the number of
scholarships offered by Soviet-bloc governments to students in
developing countries, and this disparity entails the serious
long-run cost of having so many of the potential future leaders of
the developing world educated in Soviet-bloc countries;
(7) from 1972 through 1982 the Soviet Union and Eastern
European governments collectively increased their education
exchange programs to Latin America and the Caribbean by 205
percent while those of the United States declined by 52 percent;
(8) an undergraduate scholarship program for students of
limited financial means from developing countries to study in the
United States would complement current assistance efforts in the
areas of advanced education and training of people of developing
countries in such disciplines as are required for planning and
implementation of public and private development activities;
(9) the National Bipartisan Commission on Central America has
recommended a program of 10,000 United States Government-sponsored
scholarships to bring Central American students to the United
States, which program would involve careful targeting to encourage
participation by young people from all social and economic
classes, would maintain existing admission standards by providing
intensive English and other training, and would encourage
graduates to return to their home countries after completing their
education; and
(10) it is also in the interest of the United States, as well
as peaceful cooperation in the Western Hemisphere, that particular
attention be given to the students of the Caribbean region.
SEC. 603. "22 USC 4703" SCHOLARSHIP PROGRAM AUTHORITY.
(a) IN GENERAL. -- The President, acting through the United States
Information Agency, shall provide scholarships (including partial
assistance) for undergraduate study at United States institutions of
higher education by citizens and nationals of developing countries who
have completed their secondary education and who would not otherwise
have an opportunity to study in the United States due to financial
limitations.
(b) FORM OF SCHOLARSHIP; FORGIVENESS OF LOAN REPAYMENT. -- To
encourage students to use their training in their countries of origin,
each scholarship pursuant to this section shall be in the form of a loan
with all repayment to be forgiven upon the student's prompt return to
his or her country of origin for a period which is at least one year
longer than the period spent studying in the United States. If the
student is granted asylum in the United States pursuant to section 208
of the Immigration and Nationality Act "8 USC 1158" or is admitted to
the United States as a refugee pursuant to section 207 of that Act, "8
USC 1157" half of the repayment shall be forgiven.
(c) CONSULTATION. -- Before allocating any of the funds made
available to carry out this title, the President shall consult with
United States institutions of higher education, educational exchange
organizations, United States missions in developing countries, and the
governments of participating countries on how to implement the
guidelines specified in section 604.
(d) DEFINITION. -- For purposes of this title, the term "institution
of higher education" has the same meaning as given to such term by
section 1201(a) of the Higher Education Act of 1965. "20 USC 1141"
SEC. 604. "22 USC 4704" GUIDELINES.
The scholarship program under this title shall be carried out in
accordance with the following guidelines:
(1) Consistent with section 112(b) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2460(b)), all
programs created pursuant to this title shall be
nonpolitical and balanced, and shall be administered in keeping with the
highest standards of academic integrity.
(2) United States missions shall design ways to identify promising
students who are in secondary educational institutions, or who have
completed their secondary education, for study in the United States. In
carrying out this paragraph, the United States mission in a country
shall consult with Peace Corps volunteers and staff assigned to that
country and with private and voluntary organizations with a proven
record of providing development assistance to developing countries.
(3) United States missions shall develop and strictly implement
specific economic need criteria. Scholarships under this title may only
be provided to students who meet the economic need criteria.
(4) The program shall utilize educational institutions in the United
States and in developing countries to help participants in the programs
acquire necessary skills in English and other appropriate education
training.
(5) Each participant from a developing country shall be selected on
the basis of academic and leadership potential and the economic,
political, and social development needs of such country. Such needs
shall be determined by each United States mission in consultation with
the government of the respective country. Scholarship opportunities
should emphasize fields that are critical to the development of the
participant's country, including agriculture, civil engineering,
communications, social science, education, public and business
administration, health, nutrition, environmental studies, population and
family planning, and energy.
(6) The program shall be flexible in order to take advantage of
different training and educational opportunities offered by
universities, postsecondary vocational training schools, and community
colleges in the United States.
(7) The program shall be flexible with respect to the number of years
of undergraduate education financed but in no case shall students be
brought to the United States for a period less than one year.
(8) Adequate allowance shall be made in the scholarship for the
purchase of books and related educational material relevant to the
program of study.
(9) Further allowance shall be made to provide adequate opportunities
for professional, academic, and cultural enrichment for scholarship
recipients.
(10) The program shall, to the maximum extent practicable, offer
equal opportunities for both male and female students to study in the
United States.
(11) The United States Information Agency shall recommend to each
student, who receives a scholarship under this title for study at a
college or university, that the student enroll in a course on the
classics of American political thought or which otherwise emphasizes the
ideas, principles, and documents upon which the United States was
founded.
SEC. 605. AUTHORITY TO ENTER INTO AGREEMENTS.
The President may enter into agreements with foreign governments in
furtherance of the purposes of this title. "22 USC 4705" Such
agreements may provide for the creation or continuation of binational or
multinational educational and cultural foundations and commissions for
the purposes of administering programs under this title.
SEC. 606. "22 USC 4706" POLICY REGARDING OTHER INTERNATIONAL
EDUCATIONAL PROGRAMS.
(a) AID-FUNDED PROGRAMS. -- The Congress urges the administrator of
the agency primarily responsible for administering part I of the Foreign
Assistance Act of 1961, "22 USC 2151" in implementing programs
authorized under that part, to increase assistance for undergraduate
scholarships for students of limited financial means from developing
countries to study in the United States at United States institutions of
higher education. To the maximum extent practicable, such scholarship
assistance shall be furnished in accordance with the guidelines
contained in section 604 of this title.
(b) USIA-FUNDED POSTGRADUATE STUDY IN THE UNITED STATES. -- The
Congress urges the Director of the United States Information Agency to
expand opportunities for students of limited financial means from
developing countries to receive financial assistance for postgraduate
study at United States institutions of higher education.
(c) STUDY BY AMERICANS IN DEVELOPING COUNTRIES. -- The Congress urges
the President to take such steps as are necessary to expand the
opportunities for Americans from all economic classes to study in
developing countries.
SEC. 607. "22 USC 4707" ESTABLISHMENT AND MAINTENANCE OF COUNSELING
SERVICES.
(a) COUNSELING SERVICES ABROAD. -- For the purpose of assisting
foreign students in choosing fields of study, selecting appropriate
institutions of higher education, and preparing for their stay in the
United States, the President may make suitable arrangements for
counseling and orientation services abroad.
(b) COUNSELING SERVICES IN THE UNITED STATES. -- For the purposes of
assisting foreign students in making the best use of their opportunities
while attending United States institutions of higher education, and
assisting such students in directing their talents and initiative into
channels which will make them more effective leaders upon return to
their native lands, the President may make suitable arrangements (by
contract or otherwise) for the establishment and maintenance of adequate
counseling services at United States institutions of higher education
which are attended by foreign students.
SEC. 608. "22 USC 4708" BOARD OF FOREIGN SCHOLARSHIPS.
The Board of Foreign Scholarships shall advise and assist the
President in the discharge of the scholarship program carried out
pursuant to this title, in accordance with the guidelines set forth in
section 604. The President may provide for such additional secretarial
and staff assistance for the Board as may be required to carry out this
title.
SEC. 609. "22 USC 4709" GENERAL AUTHORITIES.
(a) PUBLIC AND PRIVATE SECTOR CONTRIBUTIONS. -- The public and
private sectors in the United States and in the developing countries
shall be encouraged to contribute to the costs of the scholarship
program financed under this title.
(b) UTILIZATION OF RETURNING PROGRAM PARTICIPANTS. -- The President
shall seek to engage the public and private sectors of developing
countries in programs to maximize the utilization of recipients of
scholarships under this title upon their return to their own countries.
(c) PROMOTION ABROAD OF SCHOLARSHIP PROGRAM. -- The President may
provide for publicity and promotion abroad of the scholarship program
provided for in this title.
(d) INCREASING UNITED STATES UNDERSTANDING OF DEVELOPING COUNTRIES.
-- The President shall encourage United States institutions of higher
education, which are attended by students from developing countries who
receive scholarships under this title, to provide opportunities for
United States citizens attending those institutions to develop their
knowledge and understanding of the developing countries, and the
languages and cultures of those countries, represented by those foreign
students.
(e) OTHER ACTIVITIES TO PROMOTE IMPROVED UNDERSTANDING. -- Funds
allocated by the United States Information Agency, or the agency
primarily responsible for carrying out part I of the Foreign Assistance
Act of 1961, "22 USC 2151" for scholarships in accordance with this
title shall be available to enhance the educational training and
capabilities of the people of Latin America and the Caribbean and to
promote better understanding between the United States and Latin America
and the Caribbean through programs of cooperation, study, training, and
research. Such funds may be used for program and administrative costs
for institutions carrying out such programs.
SEC. 610. "22 USC 4710" ENGLISH TEACHING, TEXTBOOKS, AND OTHER
TEACHING MATERIALS.
Wherever adequate facilities or materials are not available to carry
out the purposes of paragraph (4) of section 604 in the participant's
country and the President determines that the purposes of this title are
best served by providing the preliminary training in the participant's
country, the President may (by purchase, contract, or other appropriate
means) provide the necessary materials and instructors to achieve such
purpose.
SEC. 611. "22 USC 4711" REPORTING REQUIREMENT.
Not later than February 1 each year, the President shall submit to
the Congress a report on the activities carried on and expenditures made
pursuant to this title during the preceding fiscal year.
SEC. 612. "22 USC 4712" FUNDING OF SCHOLARSHIPS FOR FISCAL YEAR 1986
AND FISCAL YEAR 1987.
(a) CENTRAL AMERICAN UNDERGRADUATE SCHOLARSHIP PROGRAM. -- The
undergraduate scholarship program financed by the United States
Information Agency for students from Central America for fiscal year
1986 and fiscal year 1987 shall be conducted in accordance with this
title.
(b) SCHOLARSHIPS FOR STUDENTS FROM OTHER DEVELOPING COUNTRIES. -- Any
funds appropriated to the United States Information Agency for fiscal
year 1986 or fiscal year 1987 for any purpose (other than funds
appropriated for educational exchange programs under section 102(a)(1)
of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2452(a)(1)) may be used to carry out this title with respect to students
from developing countries outside Central America.
SEC. 613. "22 USC 4713" LATIN AMERICAN EXCHANGES.
Of any funds authorized to be appropriated for activities authorized
by this title, not less than 25 percent shall be allocated to fund
grants and exchanges to Latin America and the Caribbean.
SEC. 614. "22 USC 4714" FEASIBILITY STUDY OF TRAINING PROGRAMS IN
SIZABLE HISPANIC POPULATIONS.
No later than December 15, 1985, the Director of the United States
Information Agency and the Administrator of the Agency for International
Development shall report jointly, to the chairman of the Committee on
Foreign Relations of the Senate and the chairman of the Committee on
Foreign Affairs of the House of Representatives, on the feasibility of
greater utilization in those two agencies' scholarship and participant
training programs of the United States universities in States bordering
Latin American and Caribbean which are located in areas characterized by
the presence of sizable Hispanic populations.
SEC. 615. "22 USC 4715" COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.
Any authority provided by this title to enter into contracts shall be
effective only -- "2 USC 621 note"
(1) to the extent that the budget authority for the obligation
to make outlays, which is created by the contract, has been
provided in advance by an appropriation Act; or
(2) to the extent or in such amounts as are provided in advance
in appropriation Acts.
SEC. 701. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL
YEAR 1985.
Section 49(a)(1) of the Arms Control and Disarmament Act (22 U.S.C.
2589(a)(1)) is amended to read as follows:
"(1) for the fiscal year 1985, $23,789,000, of which amount
$4,321,000 shall be available only to pay necessary expenses
incurred in connection with arms control negotiations with the
Government of the Soviet Union on strategic arms reductions,
intermediate-range nuclear forces, and space and defensive
weapons;".
SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1986 AND
1987.
Section 49(a)(2) of the Arms Control and Disarmament Act (22 U.S.C.
2589(a)(2)) is amended to read as follows:
"(2) for the fiscal year 1986, $25,614,000, and for the fiscal
year 1987, $25,614,000, of which amounts $6,146,000 shall be
available in each fiscal year only to pay necessary expenses
incurred in connection with arms control negotiations conducted
with the Government of the Soviet Union on strategic arms
reductions, intermediate-range nuclear forces, and space and
defensive weapons; and".
SEC. 703. REPORTS ON ADHERENCE TO AND COMPLIANCE WITH AGREEMENTS.
The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is
amended by adding at the end thereof the following new section:
"SEC. 52. "22 USC 2592" REPORTS ON ADHERENCE TO AND COMPLIANCE WITH
AGREEMENTS.
"The Congress determines that the achievement and maintenance of
successful controls upon armaments requires official and public
confidence that the parties are expected to adhere to their commitments
and that the parties will be held accountable for failure to meet
obligations. Without such confidence, existing arms control accords are
eroded, and the prospects are jeopardized for new agreements which can
place further controls on the competition in nuclear and conventional
weapons and which can increase international stability. In accordance
with this determination --
"(1) the President shall submit, not later than January 31 of
each year, to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate a
report prepared by the Director, in coordination with the
Secretary of State, the Secretary of Defense, the Secretary of
Energy, the Chairman of the Joint Chiefs of Staff, and the
Director of Central Intelligence, on the adherence of the United
States to obligations undertaken in arms control agreements and on
any problems related to compliance by other nations with the
provisions of bilateral and multilateral arms control agreements
to which the United States is a party;
"(2) the section of the report dealing with United States
adherence shall include information on the policies and
organization of each relevant agency or department of the United
States to ensure adherence, a description of national security
programs with a direct bearing on adherence questions and of steps
being taken to ensure adherence, and a compilation of any
substantive questions raised during the previous year regarding
United States adherence, together with an assessment of such
issues and the need for any corrective action; and
"(3) the section of the report dealing with problems of
compliance by other nations shall include, in the case of such
treaty or agreement about which compliance questions exist --
"(A) a description of each significant issue raised and efforts
made and contemplated with the other party to seek a resolution of
the difficulty;
"(B) an assessment of damages, if any, to United States
security and other interests; and
"(C) recommendations as to any steps which should be considered
to redress any damage to United States national security and to
reduce compliance problems.
The report required by this section shall be provided in unclassified
form, with classified annexes, as appropriate.".
SEC. 704. PAY FOR DEPUTY DIRECTOR AND ASSISTANT DIRECTORS.
(a) AMENDMENTS TO TITLE 5. -- Title 5 of the United States Code, is
amended --
(1) in section 5314 by adding at the end thereof the following:
"Deputy Director of the United States Arms Control and
Disarmament Agency.";
(2) in section 5315 --
(A) by striking out
"Deputy Director of the United States Arms Control and
Disarmament Agency."; and
(B) by adding at the end thereof the following:
"Assistant Directors, United States Arms Control and
Disarmament Agency (4)."; and
(3) in section 5316, "5 USC 5316" by striking out
"Assistant Directors, United States Arms Control and
Disarmament Agency (4).".
(b) COMPLIANCE WITH BUDGET ACT. -- Any new spending authority (within
the meaning of section 401 of the Congressional Budget Act of 1974) "2
USC 651" which is provided under the amendments made by this section
shall be effective for any fiscal year only to such extent or in such
amounts as are provided in appropriations Acts.
SEC. 705. NEW BUILDING IN GENEVA FOR THE USE OF THE UNITED STATES
ARMS CONTROL NEGOTIATING TEAMS.
(a) FINDINGS. -- The Congress finds that --
(1) the United States is party to vital talks on arms control
in Geneva, Switzerland;
(2) these talks include negotiations on strategic nuclear
weapons, intermediate range nuclear weapons, space and defense
systems, a bilateral United States-Soviet forum, called the
Standing Consultative Commission, and a multilateral forum, called
the Conference on Disarmament;
(3) the United States delegations to these talks occupy
buildings and spaces insufficiently secure, modernized, or large
enough to permit those delegations to conduct their work
efficiently;
(4) the United States delegations to the strategic,
intermediate and space and defense talks in particular occupy
space in the Botanic Building that is also occupied by offices of
numerous other, non-United States organizations, and shares common
walls and parking facilities with these delegations;
(5) arms control negotiations require sophisticated security
facilities, telecommunications equipment, simultaneous translation
capabilities and other specialized services; and
(6) the Soviet Union, for its part, has made available for its
negotiating team a modern, secure, well-equipped building
dedicated for the use of its arms control negotiating teams.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that --
(1) in order to facilitate the effective work of the United
States arms control negotiating teams, and to provide for them a
dedicated structure capable of supporting their vital tasks on a
permanent basis, the Secretary of State should submit to the
Congress a report on the feasibility, cost, location, and
requirements of a structure to house the United States arms
control negotiating teams in Geneva;
(2) this matter should be submitted as soon as possible; and
(3) this matter should be included in the consideration of the
1985 supplemental appropriation process.
SEC. 706. STUDY OF MEASURES TO ENHANCE CRISIS STABILITY AND CONTROL.
(a) STUDY. -- The Secretary of State and the Director of the Arms
Control and Disarmament Agency shall conduct a detailed and complete
study and evaluation of additional measures which both enhance the
security of the United States and reduce the likelihood of nuclear
weapons use by contributing to crisis stability or crisis control
capabilities, including specific consideration of the following
measures:
(1) Increased redundancy of direct communications link
circuits, including the creation of new survivable circuits and
terminals, located outside the national capitals which have access
to the command and control system of the country in which they are
located.
(2) Establishment of redundant, survivable direct
communications links between and among all nuclear-armed states.
(3) Conclusion of an agreement creating "non-target"
sanctuaries only for certain direct communications link circuits
to enhance survivability of communications.
(4) Creation in advance of standard operating procedures for
communicating, and possibly cooperating, with the Soviet Union and
other states in the event of nuclear attacks by third parties on
either the United States or Soviet Union.
(5) Addition to the Incidents At Sea agreement "23 USE 1168" of
a prohibition on the "locking on" of fire control radars on ships
and planes of the other side, an agreement on the separation of
naval forces during specified periods of crisis, and other such
measures relevant to the Incidents At Sea agreement.
(6) Placement by the United States and the Soviet Union of
unmanned launch sensors in the land-based missile fields of both
countries.
(7) Establishment of anti-submarine operations free zones
designed to enhance the security of ballistic missile submarines.
(8) Installation of permissive action links aboard the
ballistic missile submarines of the United States, which might
possibly be activated or deactivated at various levels of alert,
and encouragement of the Soviet Union to do the same.
(9) Establishment of training programs for National Command
Authority officials to familiarize them with alert procedures,
communications capabilities, nuclear weapons release authority
procedures, and the crisis control and stability implications
thereof.
(10) Include in standard operating procedure the relocation in
a crisis of a National Command Authority official outside
Washington, D.C. to a secure location with access to the strategic
command and control system, and announce the institution of this
procedure to relevant foreign governments.
(b) REPORT. -- The Secretary of State and the Director of the Arms
Control and Disarmament Agency shall submit a report of the study and
evaluation under subsection (a) to the Committees on Armed Services and
Foreign Relations of the Senate and the Committees on Armed Services and
Foreign Affairs of the House of Representatives by January 1, 1986.
Such report should be available in both a classified, if necessary, and
unclassified format.
SEC. 707. POLICY TOWARD BANNING CHEMICAL WEAPONS.
(a) FINDINGS. -- The Congress finds that --
(1) chemical weapons are among the most terrible weapons in
today's military arsenals;
(2) it is the objective of the United States to eliminate the
threat of chemical warfare through a comprehensive and verifiable
ban on chemical weapons;
(3) the United States is vigorously pursuing a multilateral
agreement to ban chemical weapons;
(4) the negotiation of a verifiable, bilateral agreement
between the United States and the Soviet Union would be a
significant step toward achieving a worldwide ban on chemical
weapons;
(5) bilateral discussions relating to a ban on chemical weapons
took place in July and August of 1984 between the United States
and Soviet delegations to the Conference on Disarmament; and
(6) such endeavors could serve the security interests of
humankind.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that the
President --
(1) should be commended for his efforts to negotiate a
multilateral agreement banning chemical weapons;
(2) should continue to pursue vigorously such an agreement;
and
(3) should seek the continuation and development of bilateral
discussions between the United States and the Soviet Union to
achieve a comprehensive and verifiable ban on chemical weapons.
SEC. 708. POLICY REGARDING A JOINT STUDY BY THE UNITED STATES AND
THE SOVIET UNION OF THE CONSEQUENCES OF NUCLEAR WINTER.
It is the sense of the Congress that the President should propose to
the Government of the Soviet Union during any arms control talks held
with such Government that --
(1) the United States and the Soviet Union should jointly study
the atmospheric, climatic, environmental, and biological
consequences of nuclear explosions, sometimes known as "nuclear
winter", and the impact that nuclear winter would have on the
national security of both nations;
(2) such a joint study should include the sharing and exchange
of information and findings on the nuclear winter phenomena and
make recommendations on possible joint research projects that
would benefit both nations; and
(3) at an appropriate time the other nuclear weapon states (the
United Kingdom, France, and the People's Republic of China) should
be involved in the study.
SEC. 801. TERMINATION OF NATIONAL EMERGENCIES BY JOINT RESOLUTION.
Section 202 "50 USC 1622" of the National Emergencies Act is amended
--
(1) in subsection (a) --
(A) by amending paragraph (1) to read as follows:
"(1) there is enacted into law a joint resolution terminating
the emergency; or"; and
(B) in the second sentence, by striking out "concurrent" and
inserting in lieu thereof "joint";
(2) in subsection (b), by striking out "concurrent" and
inserting in lieu thereof "joint"; and
(3) in subsection (c), by striking out "concurrent" each of the
six places it appears and inserting in lieu thereof "joint".
SEC. 802. UNITED STATES INSTITUTE OF PEACE.
It is the sense of the Congress that, pursuant to title XVII of the
Department of Defense Authorization Act, "98 Stat. 2649" 1985 (22 U.S.
C. 4601" et seq.), nominations to the Board of Directors for the United
States Institute of Peace should be submitted to the Senate on a timely
basis to permit implementation of the congressional mandate.
SEC. 803. EX GRATIA PAYMENT TO THE GOVERNMENT OF SWITZERLAND.
Section 39 of the Trading With the Enemy Act (62 Stat. 1246; 50 U.
S.C. App. 39) is amended by adding at the end thereof the following new
subsection:
"(f) Notwithstanding any of the provisions of subsections (a) through
(d) of this section, the Attorney General is authorized to pay from
property vested in or transferred to the Attorney General under this
Act, the sum of $20,000 as an ex gratia payment to the Government of
Switzerland in accordance with the terms of the agreement entered into
by that Government and the Government of the United States on March 12,
1980.".
SEC. 804. POLICY TOWARD APPLICATION OF THE YALTA AGREEMENT.
(a) FINDINGS. -- The Congress finds that --
(1) during World War II, representatives of the United States,
Britain, and the Soviet Union took part in agreements and
understandings concerning other peoples and nations in Europe;
(2) the Soviet Union has not adhered to its obligation
undertaken in the 1945 Yalta agreement to guarantee free elections
in the countries involved, specifically the pledge for the
"earliest possible establishment of free elections of government
responsive to the wills of the people and to facilitate where
necessary the holding of such elections";
(3) the strong desire of the people of Central and Eastern
Europe to exercise their national sovereignty and
self-determination and to resist Soviet domination has been
demonstrated on many occasions since 1945, including armed
resistance to the forcible Soviet takeover of the Baltic Republics
and resistance in the Ukraine as well as in the German Democratic
Republic in 1953, in Hungary in 1956, in Czechoslovakia in 1968,
and in Poland in 1956, 1970, and since 1980;
(4) it is appropriate that the United States express the hopes
of the people of the United States that the people of Central and
Eastern Europe be permitted to exercise their national sovereignty
and self-determination free from Soviet interference; and
(5) it is appropriate for the United States to reject any
interpretation or application that, as a result of the signing of
the 1945 Yalta executive agreements, the United States accepts and
recognizes in any way Soviet hegemony over the countries of
Eastern Europe.
(b) POLICY. -- (1) The United States does not recognize as legitimate
any spheres of influence in Europe and it reaffirms its refusal to
recognize such spheres in the present or in the future, by repudiating
any attempts to legitimize the domination of East European nations by
the Soviet Union through the Yalta executive agreement.
(2) The United States proclaims the hope that the people of Eastern
Europe shall again enjoy the right to self-determination within a
framework that will sustain peace, that they shall again have the right
to choose a form of government under which they shall live, and that the
sovereign rights of self-determination shall be restored to them in
accordance with the pledge of the Atlantic Charter and with provisions
of the United Nations Charter and the Helsinki Final Act "55 Stat.
1600" of the Conference on Security and Cooperation in Europe. "59 Stat.
1031"
SEC. 805. POLICY TOWARD TREATMENT OF SOVIET PENTECOSTALS.
(a) FINDINGS. -- The Congress finds that --
(1) it is the policy of the Government of the Soviet Union to
hinder and deny the free practice of religion and to deny freedom
to emigrate to the victims of religious persecution;
(2) such policies are a violation of the letter and spirit of
the Charter of the United Nations, the United Nations Declaration
on Human Rights, and the Helsinki Final Act of the Conference on
Security and Cooperation in Europe;
(3) members of the 170-member Pentecostal Christian community
living in Chuguyevka in the Soviet Far East have allegedly
undergone persecution at the hands of the Soviet authorities as a
result of their attempts to practice their religious beliefs;
(4) the Soviet authorities allegedly have refused to allow
members of that Pentecostal community to emigrate from the Soviet
Union;
(5) when, on Monday May 13, 1985, four members of the
Pentecostal community of Chuguyevka attempted to enter the United
States Embassy in Moscow in an attempt to seek refuge and make
their plight known, they were intercepted by Soviet guards
stationed outside the Embassy;
(6) in the scuffle that ensued three of the Pentecostals were
beaten severely and arrested by the Soviet guards, while the
fourth Pentecostal gained entrance to the Embassy and was
interviewed by United States officials; and
(7) upon agreeing to leave the United States Embassy the man
was driven to the subway in a diplomatic car where he was detained
by Soviet police before he could enter the subway.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that --
(1) the Soviet Union has acted in violation of the human rights
of the Pentecostal community in Chuguyevka by hindering the
practice of their religious beliefs and refusing to allow them to
emigrate from the Soviet Union;
(2) personnel of the Government of the Soviet Union acted in
violation of the human rights of the four members of the
Pentecostal community who attempted to enter the United States
Embassy in Moscow, particularly in using excessive force in an
attempt to prevent their entry;
(3) the United States Department of State should continue
through all available channels to assure the safety of the four
persons who attempted to enter the United States Embassy, and to
seek to persuade the Government of the Soviet Union to allow the
members of the Pentecostal community in Chuguyevka to emigrate to
the West; and
(4) the Secretary of State should undertake a study of United
States policy relating to the granting of asylum in United States
embassies abroad and develop recommendations for the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives as to where current policy
might be adjusted with relation to incidents over the past five
years where asylum has been requested at United States embassies
abroad.
SEC. 806. DEMOCRACY ON TAIWAN.
(a) FINDINGS. -- The Congress finds that --
(1) peace has prevailed in the Taiwan Strait since the
normalization of relations between the United States and the
People's Republic of China;
(2) the United States expects the future of Taiwan to be
settled peacefully and considers a secure Taiwan free from
external threat an indispensable element for the island's further
democratization and a goal set forth in the Taiwan Relations Act;
(3) the authorities on Taiwan are striving to achieve greater
democracy at the local level;
(4) an increasing number of native Taiwanese have been
appointed to responsible positions at the provincial and national
level on Taiwan;
(5) martial law measures tend to impede progress toward
democracy and to abridge guarantees of human rights;
(6) movement toward greater democracy on Taiwan serves to
bolster continued American public support for the moral and legal
responsibilities set forth in the Taiwan Relations Act; "22 USC
3301 note"
(7) the United States, in the Taiwan Relations Act, has
reaffirmed as a national objective the preservation and
enhancement of the human rights of all the people on Taiwan; and
(8) the United States considers democracy a fundamental human
right.
(b) SENSE OF CONGRESS. -- It is therefore the sense of the Congress
that --
(1) one important element of a peaceful future for Taiwan is
greater participation in the political process by all the people
on Taiwan; and
(2) accordingly, the United States should encourage the
authorities on Taiwan, in the spirit of the Taiwan Relations Act,
to work vigorously toward this end.
SEC. 807. INCREASE UNITED STATES-CHINA TRADE.
(a) FINDINGS. -- The Congress finds that --
(1) the People's Republic of China has made substantial
progress in promoting market-oriented practices throughout the
Chinese economy;
(2) the Chinese economy has responded to this increased
liberalization with record growth that last year alone resulted in
increases in the real gross national product of an estimated 13
percent;
(3) this growth has created significant new demand for a vast
array of products and services that can be met by American
producers;
(4) United States trade with the People's Republic of China
totalled only $6,000,000,000 in 1984 and was again in deficit by
more than $50,000,000;
(5) increased exports are essential to the creation of American
jobs and to the vitality of the American economy; and
(6) the People's Republic of China represents the world's
largest potential market.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that,
consistent with overall American foreign policy and national security
objectives, the Secretary of State and the Secretary of Commerce should
take appropriate steps to increase United States-China trade with a view
to improving the trade balance, increasing American jobs through export
growth, and assuring significant United States participation in the
growing Chinese market.
SEC. 808. USE OF UNITED STATES OWNED RUPEES.
Section 903 of the United States-India Fund for Cultural,
Educational, and Scientific Cooperation Act (22 U.S.C. 290j-1) is
amended --
(1) by inserting "(a)" after "SEC. 903."; and
(2) by inserting at the end thereof the following new
subsection:
"(b) Pending completion of the negotiation of an agreement with the
Government of India, the annual earnings generated by the moneys
appropriated by the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriation Act, "98 Stat. 1545" 1985,
may be used for the purposes set out in section 902(a).". "22 USC 290j"
SEC. 809. REFUGEES IN THAILAND.
(a) APPRECIATION FOR THE RESPONSE OF THE GOVERNMENT OF THAILAND. --
The Congress recognizes and expresses appreciation for the extraordinary
willingness of the Government of Thailand to respond in a humanitarian
way to the influx of refugees fleeing Vietnamese communist oppression.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that --
(b) Cambodians, Laotians, and Vietnamese seeking asylum and
refuge in Thailand should not be involuntarily repatriated or
otherwise put at risk; and
(2) every effort should be made to provide increased security
for refugees in camps in Thailand which should include an
increased presence by international humanitarian organizations.
(c) REVIEW OF CERTAIN CAMBODIAN REFUGEES. --
(1) The Secretary of State should --
(A) work with the Government of Thailand and the United Nations
High Commissioner for Refugees to conduct a review of the status
of Cambodians who have not been permitted to register at refugee
camps in Thailand; and
(B) implement a humanitarian solution to their plight.
(2) The Secretary of State, with the assistance of appropriate
agencies, should conduct a review of those Cambodians who have
been rejected for admission to the United States to ensure such
decisions are consistent with the letter and spirit of United
States refugee and immigration law.
(3) The Secretary of State, with the assistance of appropriate
agencies, should institute as expeditiously as possible a family
reunification program for those refugees in Thailand, including
those at the border who have family members in the United States.
(4) The Secretary of State should provide for a program of
educational assistance for Cambodians in the border camps and for
improved literacy training in all camps.
SEC. 810. POLICY REGARDING FOREIGN EXCHANGE INTERVENTION.
(a) FINDINGS. -- The Congress finds and declares that --
(1) the trade deficit looms larger than any other threat to the
ability of the United States to generate jobs and create economic
well-being;
(2) the trade deficit continues to deteriorate even from the
1984 level of $123,000,000,000;
(3) the trade deficit will continue to deteriorate until the
value of the dollar declines on foreign exchange markets;
(4) the dollar's rise may slow down but is unlikely to fall
sufficiently as a result of Congress' contemplated budget deficit
reduction measures;
(5) the value of the dollar would probably fall under a number
of tax reform proposals but industries losing market share due to
the exchange rate may not be able to wait for a complete tax
package;
(6) the only remaining timely option for lowering the value of
the dollar is intervention in foreign exchange markets by the
Secretary of the Treasury or the Federal Reserve Board;
(7) any such intervention must be strong enough to achieve the
intent of the Congress of lowering the dollar's value but
sufficiently moderate to prevent a sudden drop in its value;
(8) any such intervention in order to assure a gradual decline
and protect against too large a drop in the value of the dollar,
will require coordinated action by the central banks of Europe and
Japan as well as the United States; and
(9) such coordination is especially important to strengthen
economic and political ties with the allies of the United States
and to promote consistent macroeconomic policies to the mutual
benefit of all.
(b) SENSE OF CONGRESS. -- Therefore, it is the sense of the Congress
that --
(1) the Secretary of the Treasury and the Chairman of the
Federal Reserve Board, in concert with United States allies and
coordinated with the central banks of the Group of Five or other
major central banks, should take such steps as are necessary to
lower gradually the value of the dollar;
(2) such steps should not exclude intervention in the foreign
exchange markets;
(3) the Secretary of the Treasury and the Chairman of the
Federal Reserve Board should work to ensure that the domestic
macroeconomic policies of the United States and its allies are
forged to reinforce rather than oppose one another.
SEC. 811. COMMENDING MAYOR TEDDY KOLLEK OF JERUSALEM.
(a) FINDINGS. -- The Congress finds that --
(1) Mayor Teddy Kollek has worked to promote harmony among all
the people of Jerusalem; and
(2) he has promoted freedom of access to religious shrines for
Muslims, Christians, and Jews; and
(3) through his efforts the aesthetic character of the city has
been enhanced.
(b) COMMENDATION. -- Therefore, the Congress commends Mayor Kollek
for his efforts over the years.
SEC. 812. "22 USC 1928 note" JAPAN-UNITED STATES SECURITY
RELATIONSHIP AND EFFORTS BY JAPAN TO FULFILL SELF-DEFENSE
RESPONSIBILITIES.
(a) FINDINGS. -- The Congress hereby finds --
(1) the Japan-United States security relationship is the
foundation of the peace and security of Japan and the Far East, as
well as a major contributor to the protection of the United States
and of the democratic freedoms and economic prosperity enjoyed by
both the United States and Japan;
(2) the threats to our two democracies have increased
significantly since 1976, principally through the Soviet invasion
of Afghanistan, the expansion of Soviet armed forces in the Far
East, the invasion of Cambodia by Vietnam, and the instability in
the Persian Gulf region as signified by the continuing Iran-Iraq
conflict;
(3) in recognition of these and other threats, the United
States has greatly increased its annual defense spending through
sustained real growth averaging 8.8 percent yearly between fiscal
1981 and 1985, and cumulative real growth of 50 percent in that
period;
(4) the United States Government appreciates the May 1981
commitment by the Prime Minister of Japan that, pursuant to the
Treaty of Mutual Cooperation and Security of 1960 "11 UST 1632"
between Japan and the United States, Japan, on its own initiative,
would seek to make even greater efforts for improving its defense
capabilities, and pursuant to Japan's own Constitution, it was
national policy for his country to acquire and maintain the
self-defense forces adequate for the defense of its land area and
surrounding airspace and sealanes, out to a distance of 1,000
miles;
(5) the United States Government applauds the policy of Japan
to obtain the capabilities to defend its sea and air lanes out to
1,000 miles, expects that these capabilities should be acquired by
the end of the decade, and recognizes that achieving those
capabilities would significantly improve the national security of
both Japan and the United States;
(6) the United States Government appreciates the contribution
already made by Japan through the Host Nation Support Program and
its recent efforts to increase its defense spending; and
(7) Japan, however, in recent years consistently has not
provided sufficient funding and resources to meet its self-defense
needs and to meet common United States-Japan defense objectives
and alliance responsibilities.
(b) SENSE OF CONGRESS. -- It is the sense of the Congress that Japan,
to fulfill its self-defense responsibilities pursuant to the 1960 Mutual
Cooperation and Security Treaty with the United States, and in
accordance with the national policy declaration made by its Prime
Minister in May 1981, to develop a 1,000-mile airspace and sealanes
defense capability, should implement a 1986-1990 Mid-Term Defense Plan
containing sufficient funding, program acquisition, and force
development resources to obtain the agreed-upon 1,000 mile self-defense
capabilities by the end of the decade, including the allocation of
sufficient budgetary resources annually to reduce substantially the
ammunition, logistics, and sustainability shortfalls of its self-defense
forces.
(c) SUBMISSION TO CONGRESS. -- Not later than March 31, 1986, and on
an annual basis thereafter, the President shall submit to the
appropriate committees of Congress, in both a classified and
unclassified form, detailed and extensive information to permit the
Congress to understand Japan's progress toward actually fulfilling its
common defense commitment, including the development and implementation
of a 1986-1990 Mid-Term Defense Plan fully funded for Japan to achieve
1,000-mile self-defense capabilities by 1990. Such information shall
include a description of actions taken by the United States Government
in the preceding year to encourage Japan to meet its 1,000-mile
self-defense commitment by 1990.
SEC. 813. DIPLOMATIC EQUIVALENCE AND RECIPROCITY.
(a) STATEMENT OF CONGRESSIONAL POLICY. -- (1) It is the policy of the
Congress that the number of nationals of the Soviet Union admitted to
the United States who serve as diplomatic or consular personnel of the
Soviet Union to the United States should be substantially equivalent to
the number of United States nationals admitted to the Soviet Union who
serve as diplomatic or consular personnel of the United States in the
Soviet Union unless the President determines that the admission of
additional Soviet diplomatic and consular personnel would be in the best
interests of the United States.
(2) The policy expressed in paragraph (1) does not apply to
dependents or spouses who do not serve as diplomatic or consular
personnel.
(b) REPORTING REQUIREMENT. -- The Secretary of State and the Attorney
General shall prepare and, not later than 6 months after the date of the
enactment of this Act, shall transmit to the Committee on Foreign
Relations and the Select Committee on Intelligence of the Senate, and to
the Committee on Foreign Affairs and the Permanent Select Committee on
Intelligence of the House of Representatives, a report setting forth a
plan for ensuring that the number of Soviet nationals described in
subsection (a) does not exceed the limitation described in that section.
(c) DEFINITIONS. -- For purposes of this section --
(1) the term "diplomatic or consular personnel" means the
members of the diplomatic mission or the members of the consular
post, as the case may be;
(2) the term "members of the diplomatic mission" is used within
the meaning of Article 1(b) of the Vienna Convention on Diplomatic
Relations "23 UST 3227" (done April 18, 1961); and
(3) the term "members of the consular post" is used within the
meaning of Article 1(g) of the Vienna Convention on Consular
Relations (done April 24, 1963). "21 UST 77"
SEC. 814. "22 USC 2291 note" UNITED STATES INTERNATIONAL NARCOTICS
CONTROL COMMISSION.
(a) ESTABLISHMENT. -- There is established the United States
International Narcotics Control Commission (hereafter in this section
referred to as the "Commission").
(b) DUTIES. -- The Commission is authorized and directed --
(1) to monitor and promote international compliance with
narcotics control treaties, including eradication and other
relevant issues; and
(2) to monitor and encourage United States Government and
private programs seeking to expand international cooperation
against drug abuse and narcotics trafficking.
(c) MEMBERSHIP. -- (1) The Commission shall be composed of 12 members
as follows:
(A) 7 Members of the Senate appointed by the President of the
Senate, 4 of whom (including the member designated as Chairman)
shall be selected from the majority party of the Senate, after
consultation with the majority leader, and 3 of whom (including
the member designated as Cochairman) shall be selected from the
minority party of the Senate, after consultation with the minority
leader.
(B) 5 members of the public to be appointed by the President
after consultation with the members of the appropriate
congressional committees.
(2) There shall be a Chairman and a Cochairman of the Commission.
(d) POWERS. -- In carrying out this section, the Commission may
require, by subpoena or otherwise, the attendance and testimony of such
witnesses and the production of such books, records, correspondence,
memorandums, papers, and documents as it deems necessary. Subpoenas may
be issued over the signature of the Chairman of the Commission or any
member designated by him, and may be served by any person designated by
the Chairman or such member. The Chairman of the Commission, or any
member designated by him, may administer oaths to any witness.
(e) REPORT BY PRESIDENT TO COMMISSION. -- In order to assist the
Commission in carrying out its duties, the President shall submit to the
Commission a copy of the report required by section 481(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2991(e)).
(f) REPORT TO SENATE. -- The Commission is authorized and directed to
report to the Senate with respect to the matters covered by this section
on a periodic basis and to provide information to Members of the Senate
as requested. For each fiscal year for which an appropriation is made
the Commission shall submit to the Congress a report on its expenditures
under such appropriation.
(g) AUTHORIZATION OF APPROPRIATIONS. -- (1) There are authorized to
be appropriated to the Commission $325,000 for each fiscal year, to
remain available until expended, to assist in meeting the expenses of
the Commission for the purpose of carrying out the provisions of this
section.
(2) For purposes of section 502(b) of the Mutual Security Act of 1954
(22 U.S.C. 1754(b)), the Commission shall be deemed to be a standing
committee of the Senate and shall be entitled to the use of funds in
accordance with such section.
(h) STAFF. -- The Commission may appoint and fix the pay of such
staff personnel as it deems desirable, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title "5 USC 5101 et seq.
5331" relating to classification and General Schedule pay rates.
(i) TERMINATION. -- The Commission shall cease to exist on September
30, 1987.
Approved August 16, 1985.
LEGISLATIVE HISTORY -- H.R. 2068 (H.R. 1931) (S. 1003):
HOUSE REPORTS: No. 99-40 accompanying H.R. 1931 (Comm. on Foreign
Affairs) and No. 99-240 (Comm. of Conference).
SENATE REPORT No. 99-39 accompanying S. 1003 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 131 (1985): May 2, 8, 9, considered and
passed House. June 6, 7, 10, 11, S. 1003 considered in Senate; H.R.
2068, amended, passed in lieu. July 31, Senate agreed to conference
report. Aug. 1, House agreed to conference report.
Public Law 99-92, 99 Stat. 393
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Nurse Education Amendments of 1985". "42 USC 201 note"
SEC. 2. Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
a repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Public
Health Service Act.
SEC. 3. (a) Section 820(a) is amended -- "42 USC 296k"
(1) by striking out "or" after the semicolon in paragraph (4);
(2) by striking out the period at the end of paragraph (5) and
inserting in lieu thereof a semicolon; and
(3) by inserting after paragraph (5) the following:
"(6) demonstrate clinical nurse education programs which
combine educational curricula and clinical practice in health care
delivery organizations, including acute care facilities, longterm
care facilities, and ambulatory care facilities;
"(7) demonstrate methods to improve access to nursing services
in noninsitutional settings through support of nursing practice
arrangements in communities; or
"(8) demonstrate methods to encourage nursing graduates to
practice in health manpower shortage areas (designated under
section 332) in order to improve the specialty and geographical
distribution of nurses in the United States.".
(b) Section 820(d) is amended --
(1) by striking out the first sentence and inserting in lieu
thereof: "(1) For payments under grants and contracts under
paragraphs (1) through (5) of subsection (a), there are authorized
to be appropriated $9,500,000 for the fiscal year ending September
30, 1986, $9,500,000 for the fiscal year ending September 30,
1987, and $9,500,000 for the fiscal year ending September 30,
1988.";
(2) by striking out "this subsection" in the second sentence
and inserting in lieu thereof "this paragraph";
(3) by striking out "1981," in such sentence and inserting in
lieu thereof "1985,"; and
(4) by adding at the end thereof the following new paragraph:
"(2) For payments under grants and contracts under paragraphs (6),
(7), and (8) of subsection (a), there are authorized to be appropriated
$2,700,000 for the fiscal year ending September 30, 1986, $2,700,000 for
the fiscal year ending September 30, 1987, and $2,700,000 for the fiscal
year ending September 30, 1988. In making grants and entering into
contracts with amounts appropriated under this paragraph, the Secretary
shall give priority to applications for grants and contracts under
paragraph (7) of subsection (a).".
SEC. 4. "42 USC 296l" Section 821 is amended to read as follows:
"SEC. 821. (a) The Secretary may make grants to and enter into
contracts with public and private nonprofit collegiate schools of
nursing to meet the costs of projects to --
"(1) plan, develop, and operate,
"(2) expand, or
"(3) maintain,
programs which lead to masters' and doctoral degrees and which
prepare nurses to serve as nurse educators, administrators, or
researchers or to serve in clinical nurse specialties determined by the
Secretary to require advanced education.
"(b) For payments under grants and contracts under this section,
there are authorized to be appropriated $16,500,000 for the fiscal year
ending September 30, 1986, $17,000,000 for the fiscal year ending
September 30, 1987, and $17,500,000 for the fiscal year ending September
30, 1988.".
SEC. 5. "42 USC 296m" (a)(1) Paragraph (1) of section 822(a) is
amended to read as follows:
"(1) The Secretary may make grants to and enter into contracts with
public or nonprofit private schools of nursing and public health, public
or nonprofit private schools of medicine which received grants or
contracts under this subsection prior to October 1, 1985, public or
nonprofit private hospitals, and other public or nonprofit private
entities to meet the cost of projects to --
"(A) plan, develop, and operate,
"(B) expand, or
"(C) maintain,
programs for the education of nurse practitioners and nurse midwives.
The Secretary shall give special consideration to applications for
grants or contracts for programs for the education of nurse
practitioners and nurse midwives who will practice in health manpower
shortage areas (designated under section 332) "42 USC 254e" and for the
education of nurse practitioners which emphasize education respecting
the special problems of geriatric patients and education to meet the
particular needs of nursing home patients and patients who are confined
to their homes.".
(2) Paragraph (2) of such section is amended --
(A) by striking out subparagraph (A) and inserting in lieu
thereof the following:
"(A) For the purposes of this section, the term 'programs for the
education of nurse practitioners and nurse midwives' means educational
programs for registered nurses (irrespective of the type of school of
nursing in which the nurses received their training) which meet
guidelines prescribed by the Secretary in accordance with subparagraph
(B) and which have as their objective the education of nurses (including
pediatric and geriatric nurses) who will, upon completion of their
studies in such programs, be qualified to effectively provide primary
health care, including primary health care in homes and in ambulatory
care facilities, long-term care facilities (where appropriate), and
other health care institutions.";
(B) by striking out "training" in the first sentence of
subparagraph (B) and inserting in lieu thereof "education"; and
(C) by inserting "and nurse midwives" before the period in the
first sentence of subparagraph (B).
(b) Section 822(b) is amended -- "42 USC 296m"
(1) by striking out "nursing, medicine, and public health," in
paragraph (1) and inserting in lieu thereof "nursing and public
health, schools of medicine which received grants or contracts
under this subsection prior to October 1, 1985,";
(2) by inserting "and nurse midwives" before the period in the
first sentence of paragraph (1);
(3) by inserting "or nurse midwife" after "practitioner" in
paragraph (3); and
(4) by inserting "or in a public health care facility" before
"for a period" in paragraph (3).
(c) Section 822(c) is amended --
(1) by striking out "training" and inserting in lieu thereof
"education"; and
(2) by inserting "and nurse midwives" after "nurse
practitioners".
(d) Section 822 is further amended by striking out subsection (d) and
by redesignating subsection (e) as subsection (d).
(e) Section 822(d) (as redesignated by subsection (d) of this
section) is amended to read as follows:
"(d) For payments under grants and contracts under this section,
there are authorized to be appropriated $12,000,000 for the fiscal year
ending September 30, 1986, $12,000,000 for the fiscal year ending
September 30, 1987, and $12,000,000 for the fiscal year ending September
30, 1988.".
(f) The heading for section 822 is amended to read as follows:
SEC. 6. (a) Paragraph (1) of section 830(a) "42 USC 297" is amended
to read as follows:
"(1)(A) The Secretary may make grants to public or nonprofit private
schools of nursing and public health, public or nonprofit private
hospitals, and other public or nonprofit private entities to cover the
cost of traineeships for nurses in masters' degree and doctoral degree
programs in order to educate such nurses to --
"(i) serve in and prepare for practice as nurse practitioners,
"(ii) serve in and prepare for practice as nurse
administrators, nurse educators, and nurse researchers, or
"(iii) serve in and prepare for practice in other professional
nursing specialties determined by the Secretary to require
advanced education.
"(B) The Secretary may make grants to public and private nonprofit
schools of nursing and appropriate public and private nonprofit entities
to cover the cost of traineeships to educate nurses to serve in and
prepare for practice as nurse midwives.".
(b) Section 830 "42 USC 297" is further amended --
(1) by redesignating subsection (b) as subsection (c);
(2) by striking out the first sentence of such subsection and
inserting in lieu thereof the following:
"(1) There are authorized to be appropriated for the purposes of
subsection (a) $11,500,000 for the fiscal year ending September 30,
1986, $12,250,000 for the fiscal year ending September 30, 1987, and
$13,000,000 for the fiscal year ending September 30, 1988.";
(3) by striking out the second sentence of such subsection;
(4) by striking out "subsection (a)(1)(C)" in the third
sentence and inserting in lieu thereof "subsection (a)(1)(A)(i)";
(5) by adding at the end of such subsection the following new
paragraph:
"(2) There are authorized to be appropriated for the purposes of
subsection (b) $1,100,000 for the fiscal year ending September 30, 1986,
$1,100,000 for the fiscal year ending September 30, 1987, and $1,100,000
for the fiscal year ending September 30, 1988.";
(6) by inserting after subsection (a) the following new
subsection:
"(b) The Secretary may make grants to public or private nonprofit
schools of nursing to cover the costs of post-baccalaureate fellowships
for faculty in such schools to enable such faculty to --
"(1) investigate cost-effective alternatives to traditional
health care modalities, with special attention to the needs of
at-risk populations, such as the elderly, premature infants,
physically and mentally disabled individuals, and ethnic and
minority groups;
"(2) examine nursing interventions that result in positive
outcomes in health status, with attention to interventions which
address family violence, drug and alcohol abuse, the health of
women, adolescent care, and disease prevention; and
"(3) address other areas of nursing practice considered by the
Secretary to require additional study."; and
(7) by striking out "TRAINING" in the section heading and
inserting in lieu thereof "EDUCATION".
SEC. 7. "42 USC 297-1" (a) Section 831(a)(1) is amended by striking
out "Commissioner" and inserting in lieu thereof "Secretary".
(b) Section 831 is further amended by redesignating subsection (b) as
subsection (c) and by inserting after subsection (a) the following new
subsection:
"(b) The Secretary may make grants to public or private nonprofit
institutions to cover the cost of projects to improve existing programs
for the education of nurse anesthetists which are accredited by an
entity or entities designated by the Secretary of Education. Such
grants shall include grants to such institutions for the purpose of
providing financial assistance and support to certified registered nurse
anesthetists who are faculty members of accredited programs to enable
such nurse anesthetists to obtain advanced education relevant to their
teaching functions.".
(c) Section 831(c) (as redesignated by subsection (b) of this
section) is amended to read as follows:
"(c) For the purpose of making grants under this section, there are
authorized to be appropriated $800,000 for the fiscal year ending
September 30, 1986, $800,000 for the fiscal year ending September 30,
1987, and $800,000 for the fiscal year ending September 30, 1988. Not
more than 20 percent of the amount appropriated under this section for
any fiscal year shall be obligated for grants under the second sentence
of subsection (b).".
(d) The section heading for such section is amended by striking out
"TRAINEESHIPS FOR TRAINING OF".
SEC. 8. (a) Section 835 "42 USC 297a" is amended by adding at the
end thereof the following new subsection:
"(c)(1) Any standard established by the Secretary by regulation for
the collection by schools of nursing of loans made pursuant to loan
agreements under this subpart shall provide that the failure of any such
school to collect such loans shall be measured in accordance with this
subsection.
"(2) The measurement of a school's failure to collect loans made
under this subpart shall be the ratio (stated as a percentage) that the
defaulted principal amount outstanding of such school bears to the
matured loans of such school.
"(3) For purposes of this subsection --
"(A) the term 'default' means the failure of a borrower of a
loan made under this subpart to --
"(i) make an installment payment when due; or
"(ii) comply with any other term of the promissory note for
such loan,
except that a loan made under this subpart shall not be
considered to be in default if the loan is discharged in
bankruptcy or if the school reasonably concludes from written
contracts with the borrower that the borrower intends to repay the
loan;
"(B) the term 'defaulted principal amount outstanding' means
the total amount borrowed from the loan fund of a school that has
reached the repayment stage (minus any principal amount repaid or
cancelled) on loans --
"(i) repayable monthly and in default for at least 120 days;
and
"(ii) repayable less frequently than monthly and in default for
at least 180 days;
"(C) the term 'grace period' means the period of one year
beginning on --
"(i) the date on which the borrower ceases to pursue a
full-time or half-time course of study at a school of nursing; or
"(ii) the date on which ends any period described in clause (A)
or (B) of section 836(b)(2) "42 USC 297b" which is applicable to
such borrower,
whichever is later; and
"(D) the term 'matured loans' means the total principal amount
of all loans made by a school of nursing under this subpart minus
the total principal amount of loans made by such school to
students who are --
"(i) enrolled in a full-time or half-time course of study at
such school; or
"(ii) in their first grace period.".
(b) Section 836(b)(1) "42 USC 297b" is amended --
(1) by striking out "and" before "(B)"; and
(2) by inserting before the period a comma and "and (C) if a
student who will enroll in the school after June 30, 1986, is of
exceptional financial need (as defined by regulations of the
Secretary)".
(c) Section 836(f) is amended --
(1) by inserting "and in accordance with this section" after
"Secretary" in the first sentence;
(2) by striking out "may" in such sentence and inserting in
lieu thereof "shall"; and
(3) by striking out the second sentence and inserting in lieu
thereof the following: "No such charge may be made if the payment
of such installment or the filing of such evidence is made within
60 days after the date on which such installment or filing is due.
The amount of any such charge may not exceed an amount equal to 6
percent of the amount of such installment.".
(d) Section 836 is amended by adding at the end thereof the following
new subsection:
"(k) The Secretary is authorized to attempt to collect any loan which
was made under this subpart, which is in default, and which was referred
to the Secretary by a school of nursing with which the Secretary has an
agreement under this subpart, on behalf of that school under such terms
and conditions as the Secretary may prescribe (including reimbursement
from the school's student loan fund for expenses the Secretary may
reasonably incur in attempting collection), but only if the school has
complied with such requirements as the Secretary may specify by
regulation with respect to the collection of loans under this subpart.
A loan so referred shall be treated as a debt subject to section 5514 of
title 5, United States Code. Amounts collected shall be deposited in
the school's student loan fund. Whenever the Secretary desires the
institution of a civil action regarding any such loan, the Secretary
shall refer the matter to the Attorney General for appropriate action.".
(e) Section 838 "42 USC 297d" is amended by striking out subsections
(a) and (b) and inserting in lieu thereof the following:
"(a)(1) The Secretary shall from time to time set dates by which
schools of nursing must file applications for Federal capital
contributions.
"(2)(A) If the total of the amounts requested for any fiscal year in
such applications exceeds the total amount appropriated under section
837 "42 USC 297c" for that fiscal year, the allotment from such total
amount to the loan fund of each school of nursing shall be reduced to
whichever of the following is the smaller:
"(i) The amount requested in its application.
"(ii) An amount which bears the same ratio to the total amount
appropriated as the number of students estimated by the Secretary
to be enrolled on a full-time basis in such school during such
fiscal year bears to the estimated total number of students
enrolled in all such schools on a full-time basis during such
year.
"(B) Amounts remaining after allotment under subparagraph (A) shall
be reallotted in accordance with clause (ii) of such subparagraph among
schools whose applications requested more than the amounts so allotted
to their loan funds, but with such adjustments as may be necessary to
prevent the total allotted to any such school's loan fund under this
paragraph and paragraph (3) from exceeding the total so requested by it.
"(3) Funds which, pursuant to section 839(c) or pursuant to a loan
agreement under section 835, "42 USC 297a" are returned to the Secretary
in any fiscal year, shall be available for allotment in such fiscal year
and in the fiscal year succeeding the fiscal year. Funds described in
the preceding sentence shall be allotted among schools of nursing in
such manner as the Secretary determines will best carry out this
subpart, except that in making such allotments, the Secretary shall give
priority to schools of nursing which established student loan funds
under this subpart after September 30, 1975.
"(b) Allotments to a loan fund of a school shall be paid to it from
time to time in such installments as the Secretary determines will not
result in unnecessary accumulations in the loan fund at such school.".
(f) Section 839 is amended -- "42 USC 297e"
(1) by striking out "1987," each place it appears in
subsections (a) and (b) and inserting in lieu thereof "1991,";
and
(2) by adding at the end thereof the following new subsection:
"(c)(1) Within 90 days after the termination of any agreement with a
school under section 835 or the termination in any other manner of a
school's participation in the loan program under this subpart, such
school shall pay to the Secretary from the balance of the loan fund of
such school established under section 835, an amount which bears the
same ratio to the balance in such fund on the date of such termination
as the total amount of the Federal capital contributions to such fund by
the Secretary pursuant to section 835(b)(2)(A) bears to the total amount
in such fund on such date derived from such Federal capital
contributions and from funds deposited in the fund pursuant to section
835(b)(2)(B). The remainder of such balance shall be paid to the
school.
"(2) A school to which paragraph (1) applies shall pay to the
Secretary after the date on which payment is made under such paragraph
and not less than quarterly, the same proportionate share of amounts
received by the school after the date of termination referred to in
paragraph (1) in payment of principal or interest on loans made from the
loan fund as was determined for the Secretary under such paragraph.".
(g) Subpart II of part B of title VIII is amended by adding at the
end thereof the following new section:
"SEC. 842. "42 USC 297i" In any case in which the Secretary intends
to terminate an agreement with a school of nursing under this subpart,
the Secretary shall provide the school with a written notice specifying
such intention and stating that the school may request a formal hearing
with respect to such termination. If the school requests such a hearing
within 30 days after the receipt of such notice, the Secretary shall
provide such school with a hearing conducted by an administrative law
judge.".
(h) Section 6103(m) of the Internal Revenue Code of 1954 "26 USC
6103" is amended --
(1) by inserting "ADMINISTERED BY THE DEPARTMENT OF EDUCATION"
before the period in the paragraph heading of paragraph (4); and
(2) by adding at the end thereof the following new paragraph:
"(5) INDIVIDUALS WHO HAVE DEFAULTED ON STUDENT LOANS
ADMINISTERED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. --
"(A) IN GENERAL. -- Upon written request by the Secretary of
Health and Human Services, the Secretary may disclose the mailing
address of any taxpayer who has defaulted on a lona made under
part C of title VII of the Public Health Service Act "42 USC 294"
or under subpart II of part B of title VII of such Act, "42 USC
297a" for use only by officers, employees, or agents of the
Department of Health and Human Services for purposes of locating
such taxpayer for purposes of collecting such loan.
"(B) DISCLOSURE TO SCHOOLS AND ELIGIBLE LENDERS. -- Any mailing
address disclosed under subparagraph (A) may be disclosed by the
Secretary of Health and Human Services to --
"(i) any school with which the Secretary of Health and Human
Services has an agreement under subpart II of part C of title VII
of the Public Health Service Act "42 USC 294m" or subpart II of
part B of title VIII of such Act, or
"(ii) any eligible lender (within the meaning of section 737(
4) of such Act "42 USC 294j" participating under subpart I of part
C of title VII of such Act. "42 USC 294"
for use only by officers, employees, or agents of such school
or eligible lender whose duties relate to the collection of
student loans for purposes of locating individuals who have
defaulted on student loans made under such subparts for the
purposes of collecting such loans.".
SEC. 9. "42 USC 296-296b, 296d-296f, 296j, 296h" (a)(1) Sections
801, 802, 803, 805, 810, 811, 815, and 841 are repealed.
(2) Subpart III of part B of title VIII "42 USC 297j" is repealed.
(b)(1) Part A of title VIII "42 USC 296" is amended by striking out
the headings for subparts I, II, III, and IV.
(2) The heading for part A of the title VIII is amended to read as
follows:
(3) The heading for title VIII is amended to read as follows:
(c)(1) Section 804 "42 USC 296c, 298b-5" is redesignated as section
858 and is amended to read as follows:
"SEC. 858. (a) If at any time within 20 years (or within such
shorter period as the Secretary may prescribe by regulation for an
interim facility) after the completion of construction of a facility
with respect to which funds have been paid under subpart I of part A (as
such subpart was in effect on September 30, 1985) -- "42 USC 296"
"(1) the owner of the facility ceases to be a public or
nonprofit school,
"(2) the facility ceases to be used for the training purposes
for which it was constructed, or
"(3) the facility is used for sectarian instruction or as a
place for religious worship,
the United States shall be entitled to recover from the owner of the
facility the base amount prescribed by subsection (c)(1) plus the
interest (if any) prescribed by subsection (c)(2).
"(b) The owner of a facility which ceases to be a public or nonprofit
school as described in paragraph (1) of subsection (a), or the owner of
a facility the use of which changes as described in paragraph (2) or (3)
of such subsection shall provide the Secretary written notice of such
cessation or change of use not later than 10 days after the date on
which such cessation or change of use occurs.
"(c)(1) The base amount that the United States is entitled to recover
under subsection (a) is the amount bearing the same ratio to the then
value (as determined by the agreement of the parties or in an action
brought in the district court of the United States for the district in
which the facility is situated) of the facility as the amount of the
Federal participation bore to the cost of the construction.
"(2)(A) The interest that the United States is entitled to recover
under subsection (a) is the interest for the period (if any) described
in subparagraph (B) at a rate (determined by the Secretary) based on the
average of the bond equivalent rates of 91-day Treasury bills auctioned
during such period.
"(B) The period referred to in subparagraph (A) is the period
beginning --
"(1) if notice is provided as prescribed by subsection (b), 191
days after the date on which the owner of the facility ceases to
be a public or nonprofit school as described in paragraph (1) of
subsection (a), or 191 days after the date on which the use of the
facility changes as described in paragraph (2) or (3) of such
subsection, or
"(ii) if notice is not provided as prescribed by subsection
(b), 11 days after the date on which such cessation or change of
use occurs,
and ending on the date the amount the United States is entitled to
recover is collected.
"(d) The Secretary may waive the recovery rights of the United States
under subsection (a) with respect to a facility (under such conditions
as the Secretary may establish by regulation) if the Secretary
determines that there is good cause for waiving such rights.
"(e) The right of recovery of the United States under subsection (a)
shall not, prior to judgment, constitute a lien on any facility.".
(2) In the case of any facility that was or is constructed on or
before the date of enactment of this Act "42 USC 298b-5 note" or within
180 days after the date of enactment of this Act, the period described
in subsection (c)(2)(B)(i) of section 858 of the Public Health Service
Act (as amended by paragraph (1) of this subsection) shall begin no
earlier than 181 days after the date of enactment of this Act.
(3) The amendments made by paragraph (1) of this subsection "42 USC
298b-5 note" shall not adversely affect other legal rights of the United
States.
(d) Section 851(b) "42 USC 298" is amended by striking out ", and in
the review of applications for construction projects under subpart I of
part A, of applications under section 805, and of applications under
subpart III of part A".
(e) Section 853(1) "42 USC 298b" is amended by striking out "the
Canal Zone," and inserting in lieu thereof "the Commonwealth of the
Northern Mariana Islands,".
(f) Section 853(6) is amended to read as follows:
"(6) The term 'accredited' when applied to any program of nurse
education means a program accredited by a recognized body or bodies, or
by a State agency, approved for such purpose by the Secretary of
Education and when applied to a hospital, school, college, or university
(or a unit thereof) means a hospital, school, college, or university (or
a unit thereof) which is accredited by a recognized body or bodies, or
by a State agency, approved for such purpose by the Secretary of
Education, except that a school of nursing seeking an agreement under
subpart II of part B "42 USC 297a" for the establishment of a student
loan fund, which is not, at the time of the application under such
subpart, eligible for accreditation by such a recognized body or bodies
or State agency, shall be deemed accredited for purposes of such subpart
if the Secretary of Education finds, after consultation with the
appropriate accreditation body or bodies, that there is reasonable
assurance that the school will meet the accreditation standards of such
body or bodies prior to the beginning of the academic year following the
normal graduation date of students who are in their first year of
instruction at such school during the fiscal year in which the agreement
with such school is made under such subpart; except that the provisions
of this clause shall not apply for purposes of section 838. For the
purpose of this paragraph, the Secretary of Education shall publish a
list of recognized accrediting bodies, and of State agencies, which the
Secretary of Education determines to be reliable authority as to the
quality of education offered.".
SEC. 10. "42 USC 296k note" (a) Except as provided in subsection
(b), this Act and the amendments and repeals made by this Act shall take
effect on October 1, 1985.
(b)(1) The provisions of section 9(c) of this Act and the amendment
made by paragraph (1) of such section shall take effect on the date of
enactment of this Act.
(2) The amendment made by section 8(a) of this Act shall take effect
June 30, 1984.
SEC. 11. LABEL ROTATION. -- Section 4(c) of the Federal Cigarette
Labeling and Advertising Act "98 Stat. 2201" (15 U.S.C. 1333(c)) is
amended --
(1) by striking out "The label" in the first sentence and
inserting in lieu thereof "(1) Except as provided in paragraph
(2), the label"; and
(2) by inserting at the end the following:
"(2)(A) A manufacturer or importer of cigarettes may apply to the
Federal Trade Commission to have the label rotation described in
subparagraph (C) apply with respect to a brand of cigarettes
manufactured or imported by such manufacturer or importer if --
"(i) the number of cigarettes of such brand style sold in the
fiscal year of the manufacturer or importer preceding the
submission of the application is less than one-fourth of 1 percent
of all the cigarettes sold in the United States in such year, and
"(ii) more than one-half of the cigarettes manufactured or
imported by such manufacturer or importer for sale in the United
States are packaged into brand styles which meet the requirements
of clause (i).
If an application is approved by the Commission, the label rotation
described in subparagraph (C) shall apply with respect to the applicant
during the one-year period beginning on the date of the application
approval.
"(B) An applicant under subparagraph (A) shall include in its
application a plan under which the label statements specified in
paragraph (1) of subsection (a) will be rotated by the applicant
manufacturer or importer in accordance with the label rotation described
in subparagraph (C).
"(C) Under the label rotation which a manufacturer or importer with
an approved application may put into effect each of the labels specified
in paragraph (1) of subsection (a) shall appear on the packages of each
brand style of cigarettes with respect to which the application was
approved an equal number of times within the twelve-month period
beginning on the date of the approval by the Commission of the
application.".
(b) DEFINITION. -- Section 3 of such Act "98 Stat. 2204" (15 U.S.C.
1332) is amended by redesignating paragraph (8) as paragraph (9) and by
inserting after paragraph (7) the following:
"(8) The term 'brand style' means a variety of cigarettes
distinguished by the tobacco used, tar and nicotine content,
flavoring used, size of the cigarette, filtration on the
cigarette, or packaging.".
(c) EFFECTIVE DATE. --
(1) The amendments made by subsection (a) "15 USC 1333 note"
shall take effect October 12, 1985, except that --
(A) on and after the date of the enactment of this Act a
manufacturer or importer of cigarettes may apply to the Federal
Trade Commission to have the label rotation specified in section
4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as
amended by subsection (a), apply to its brand styles of cigarettes
and the Commission may take action on such an application; and
(B) a manufacturer or importer of cigarettes may elect to have
the amendments apply at an earlier date or dates selected by the
manufacturer or importer.
(2) The Federal Trade Commission may, upon application of a
manufacturer or importer of cigarettes with an approved application
under section 4(c)(2) of the Federal Cigarette Labeling and Advertising
Act, as amended by subsection (a), extend the effective date specified
in paragraph (1) to January 11, 1986. The Commission may approve an
application for such an extension only if the Commission determines that
the effective date specified in such paragraph (1) would cause
unreasonable economic hardship to the applicant. Section 4 of the
Federal Cigarette Labeling and Advertising Act, "98 Stat. 2201" as in
effect before October 12, 1985, shall apply with respect to a
manufacturer or importer with an application approved under this
paragraph.
SEC. 12. Section 8 of the Federal Cigarette Labeling and Advertising
Act "98 Stat. 2204" (15 U.S.C. 1336) is amended by striking out "4(b)"
and inserting in lieu thereof "4".
SEC. 13. "98 Stat. 2200" Section 3(c) of the Comprehensive Smoking
Education Act (15 U.S.C. 1341(c)) is amended by striking out "1985" and
inserting in lieu thereof "1986".
Approved August 16, 1985.
LEGISLATIVE HISTORY -- H.R. 2370 (S. 1284):
HOUSE REPORT No. 99-161 (Comm. on Energy and Commerce).
SENATE REPORT No. 99-106 accompanying S. 1284 (Comm. on Labor and
Human Resources).
CONGRESSIONAL RECORD, Vol. 131 (1985): July 15, considered and
passed House. July 22, considered and passed Senate, amended, in lieu
of S. 1284. July 31, House agreed to Senate amendment.
Public Law 99-91, 99 Stat. 387
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Orphan Drug Amendments of 1985". "21
USC 301 note"
SEC. 2. MARKET PROTECTION.
Section 327 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360cc) is amended --
(1) by striking out "and for which a United States Letter of
Patent may not be issued" in subsection (a);
(2) by striking out "and if a United States Letter of Patent
may not be issued for the drug" in subsection (b); and
(3) by striking out "UNPATENTED" in the title of the section.
SEC. 3. ANTIBIOTIC DRUGS.
(a) DESIGNATION. --
(1) Section 525(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360aa(a)) is amended --
(A) by striking out "or" at the end of paragraph (1), by
redesignating paragraph (2) as paragraph (3), and by inserting
after paragraph (1) the following:
"(2) if the drug is an antibiotic, it may be certified for such
disease or condition under section 507, or";
(B) by striking out "before" in paragraph (3) (as so
redesignated);
(C) by inserting after "505" in the last sentence a comma and
the following: "certification of such drug for such disease or
condition under section 507,"; and
(D) by striking out "licensing under section 351 of the Public
Health Service Act for such disease or condition" and inserting in
lieu thereof "licensing of such drug for such disease or condition
under section 351 of the Public Health Service Act".
(2) Section 526(a)(1) of such Act (21 U.S.C. 360bb(a)(1)) is
amended --
(A) by striking out "or" at the end of subparagraph (A) and by
striking out subparagraph (B) and inserting in lieu thereof the
following:
"(B) if a certification for such drug is issued under section
507, or
"(C) if a license for such drug is issued under section 351 of
the Public Health Service Act,"; and
(B) by striking out "the approval or license" and inserting in
lieu thereof "the approval, certification, or license".
(3) Section 527 of such Act (21 U.S.C. 360cc) is amended --
(A) by striking out "or" at the end of paragraph (1) in
subsection (a), by redesignating paragraph (2) as paragraph (3),
and by inserting after paragraph (1) the following:
"(2) issues a certification under section 507, or";
(B) by inserting after "505" in the first sentence of
subsection (a) a comma and the following: "issue another
certification under section 507,";
(C) by inserting after "holder of such approved application" in
subsection (a) a comma and the following: "of such
certification,";
(D) by inserting after "approval of the approved application"
in subsection (a) a comma and the following: "the issuance of the
certification,";
(E) by striking out "or a license" in subsection (b) and
inserting in lieu thereof a comma and the following: "if a
certification is issued under section 507 for such a drug, or if a
license";
(F) by inserting after "application approval" in subsection (b)
a comma and the following: "of the issuance of the certification
under section 507,";
(G) by striking out ", if the drug is a biological product," in
subsection (b);
(H) by inserting after "under section 505" in subsection (b) a
comma and the following: "issue another certification under
section 507,";
(I) by inserting after "holder of such approved application" in
subsection (b) a comma and the following: "of such
certification,";
(J) by inserting after "application" in subsection (b)(1) a
comma and the following: "of the certification,"; and
(K) by inserting after "other applications" in subsection (b)(
2) a comma and the following: "issuance of other
certifications,".
SEC. 4. "42 USC 236 note" NATIONAL COMMISSION ON ORPHAN DISEASES.
(a) ESTABLISHMENT. -- There is established the National Commission on
Orphan Diseases (hereinafter referred to as the "Commission").
(b) DUTY. -- The Commission shall assess the activities of the
National Institutes of Health, the Alcohol, Drug Abuse, and Mental
Health Administration, the Food and Drug Administration, other public
agencies, and private entities in connection with --
(1) basic research conducted on rare diseases;
(2) the use in research on rare diseases of knowledge developed
in other research;
(3) applied and clinical research on the prevention, diagnosis,
and treatment of rare diseases; and
(4) the dissemination to the public, health care professionals,
researchers, and drug and medical device manufacturers of
knowledge developed in research on rare diseases and other
diseases which can be used in the prevention, diagnosis, and
treatment of rare diseases.
(c) REVIEW REQUIREMENTS. -- In assessing the activities of the
National Institutes of Health, the Alcohol, Drug Abuse, and Mental
Health Administration, and the Food and Drug Administration in
connection with research on rare diseases, the Commission will review --
(1) the appropriateness of the priorities currently placed on
research on rare diseases;
(2) the relative effectiveness of grants and contracts when
used to fund research on rare diseases;
(3) the appropriateness of specific requirements applicable to
applications for funds for research on rare diseases taking into
consideration the reasonable capacity of applicants to meet such
requirements;
(4) the adequacy of the scientific basis for such research,
including the adequacy of the research facilities and research
resources used in such research and the appropriateness of the
scientific training of the personnel engaged in such research;
(5) the effectiveness of activities undertaken to encourage
such research;
(6) the organization of the peer review process applicable to
applications for funds for such review to determine if the
organization of the peer review process could be revised to
improve the effectiveness of the review provided to proposals for
research on rare diseases;
(7) the effectiveness of the coordination between the national
research institutes of the National Institutes of Health, the
institutes of the Alcohol, Drug Abuse, and Mental Health
Administration, the Food and Drug Administration, and private
entities in supporting such research; and
(8) the effectiveness of activities undertaken to assure that
knowledge developed in research on nonrare diseases is, when
appropriate, used in research on rare diseases.
(d) COMPOSITION. -- The Commission shall be composed of twenty
members appointed by the Secretary of Health and Human Services as
follows:
(1) Ten members shall be appointed from individuals who are not
officers or employees of the Government and who by virtue of their
training or experience in research on rare diseases or in the
treatment of rare diseases are qualified to serve on the
Commission.
(2) Five members shall be appointed from individuals who are
not officers or employees of the Government and who have a rare
disease or are employed to represent or are members of an
organization concerned about rare disease.
(3) Four nonvoting members shall be appointed from --
(A) the directors of the national research institutes of the
National Institutes of Health; or
(B) the directors of the institutes of the Alcohol, Drug Abuse,
and Mental Health Administration, which the Secretary determines
are involved with rare diseases.
(4) One nonvoting member shall be appointed from officers or
employees of the Food and Drug Administration who the Secretary
determines are involved with rare diseases.
A vacancy in the Commission shall be filled in the manner in which
the original appointment was made. If any member of the Commission who
was appointed to the Commission as a director of a national research
institute or an institute of the Alcohol, Drug Abuse, and Mental Health
Administration or as an officer or employee of the Food and Drug
Administration leaves that office or position, or if any member of the
Commission who was appointed from persons who are not officers or
employees of the Government becomes an officer or employee of the
Government, such member may continue as a member of the Commission for
not longer than the ninety-day period beginning on the date such member
leaves that office or position or becomes such an officer or employee,
as the case may be.
(e) TERM. -- Members shall be appointed for the life of the
Commission.
(f) COMPENSATION. --
(1) Except as provided in paragraph (2), members of the
Commission shall each be entitled to receive compensation at a
rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for grade GS-18 "5 USC 5332" of the General
Schedule for each day (including traveltime) during which they are
engaged in the actual performance of duties as members of the
Commission.
(2) Members of the Commission who are full-time officers or
employees of the Government shall receive no additional pay by
reason of their service on the Commission.
(g) CHAIRMAN. -- The Chairman of the Commission shall be designated
by the members of the Commission.
(h) STAFF. -- Subject to such rules as may be prescribed by the
Commission, the Commission may appoint and fix the pay of such personnel
as it determines are necessary to enable the Commission to carry out its
functions. Personnel shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(i) EXPERTS AND CONSULTANTS. "5 USC 5101 et seq., 5331" -- Subject
to such rules as may be prescribed by the Commission, the Commission may
procure temporary and intermittent services under section 3109(b) of
title 5 of the United States Code, but at rates for individuals not to
exceed the daily equivalent of the basic pay payable for grade GS-15 of
the General Schedule.
(j) DETAIL OF PERSONNEL. -- Upon request of the Commission, the head
of any Federal agency is authorized to detail, on a reimbursable basis,
any of the personnel of such agency to the Commission to assist the
Commission in carrying out its functions.
(k) ADMINISTRATIVE SUPPORT SERVICES. -- The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
(l) GENERAL AUTHORITY. -- The Commission may, for the purpose of
carrying out this section, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as the
Commission considers appropriate.
(m) INFORMATION. -- The Commission may secure directly from any
department or agency of the United States information necessary to
enable it to carry out this section. Upon request of the Chairman, the
head of such department or agency shall furnish such information to the
Commission.
(n) REPORT. -- The Commission shall transmit to the Secretary and to
each House of the Congress a report not later than September 30, 1987,
on the activities of the Commission. The report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for --
(1) a long range plan for the use of public and private
resources to improve research into rare diseases and to assist in
the prevention, diagnosis, and treatment of rare diseases; and
(2) such legislation or administrative actions as it considers
appropriate.
(o) TERMINATION. -- The Commission shall terminate 90 days after the
date of the submittal of its report under subsection (n).
(p) FUNDS. -- The Director of the National Institutes of Health shall
make available $1,000,000 to the Commission from appropriations for
fiscal year 1986 for the National Institutes of Health.
SEC. 5. FINANCIAL ASSISTANCE.
(a) QUALIFIED TESTING. -- Section 5 of the Orphan Drug Act (21 U.S.
C. 360ee) is amended --
(1) in subsection (a) by striking out "clinical"; and
(2) by amending subsection (b)(1) to read as follows:
"(1) The term 'qualified testing' means --
"(A) human clinical testing --
"(i) which is carried out under an exemption for a drug for a
rare disease or condition under section 505(i) of the Federal
Food, Drug, and Cosmetic Act "21 USC 355" (or regulations issued
under such section); and
(ii) which occurs after the date such drug is designated under
section 526 of such Act "21 USC 360bb" and before the date on
which an application with respect to such drug is submitted under
section 505(b) or 507 of such Act "21 USC 357" or under section
351 of the Public Health Service Act; "42 USC 262" and
"(B) preclinical testing involving a drug for a rare disease or
condition which occurs after the date such drug is designated
under section 526 of such Act and before the date on which an
application with respect to such drug is submitted under section
505(b) or 507 of such Act or under section 351 of the Public
Health Service Act.".
(b) AUTHORIZATION. -- Subsection (c) of such section 5 is amended to
read as follows:
"(c) For grants and contracts under subsection (a) there are
authorized to be appropriated $4,000,000 for fiscal year 1986,
$4,000,000 for fiscal year 1987, and $4,000,000 for fiscal year 1988.".
SEC. 6. TECHNICAL CORRECTIONS.
(a) PUBLIC LAW 98-619. -- The paragraph following the heading
"EDUCATION FOR THE HANDICAPPED" under title III of the Department of
Labor, Health and Human Services, and Education and Related Agencies
Appropriation Act, 1985 (Public Law 98-619) "98 Stat. 3324" is amended
--
(1) by inserting after "shall" the first time it appears a
comma and the following: "except for part D of such Act,", and
(2) by adding at the end thereof the following: "The amounts
available for such part D shall be available for obligation on
October 1, 1984, and shall remain available until September 30,
1985.".
(b) PUBLIC LAW 98-527. -- Section 122(b)(4)(C) of the Developmental
Disabilities Assistance and Bill of Rights Act "98 Stat. 2670" (42 U.S.
C. 6022(b)(4)(C)) is amended to read as follows:
"(C) Notwithstanding subparagraph (E)(i), upon application of a
State, which under section 133(b)(4)(C) of this Act "42 USC 6063" (as in
effect on October 18, 1984) was permitted to make expenditures for
services without regard to the requirements of section 133(b)(4)(B) of
this Act (as so in effect) the Secretary, pursuant to regulations which
the Secretary shall prescribe, may permit a portion of the funds which,
pursuant to subparagraph (E)(i), must otherwise be expended under the
State plan of such State for service activities in the priority
services, to be expended in fiscal years 1985, 1986, and 1987 for the
additional services for which expenditure was permitted under section
133(b)(4)(C) "42 USC 6063" (as so in effect) if the Secretary determines
that --
"(i) such additional services are not priority services;
"(ii) such additional services are not services for which funds
are otherwise available under part C, D, or E; "98 Stat. 2679"
and
"(iii) the expenditures of such State on service activities in
the priority services has reasonably met the need for those
services in such State in comparison to the extent to which the
need for such additional services has been met in such State.".
"42 USC 6041, 6061, 6081"
SEC. 7. AREA HEALTH EDUCATION CENTERS.
Section 781(a)(2) "42 USC 295g-1" of the Public Health Service Act
(42 U.S.C. 295g-7(a)(2)) is amended by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), respectively, and by
striking out all that precedes clause (i) (as so redesignated) and
inserting in lieu thereof the following:
"(2)(A) The Secretary shall enter into contracts with schools of
medicine and osteopathy --
"(i) which have previously received Federal financial
assistance for an area health education center program under
section 802 of the Health Professionals Educational Assistance Act
of 1976 "42 USC 295g-1 note" in fiscal year 1979 or under
paragraph (1), or
"(ii) which are receiving assistance under paragraph (1),
to carry out projects described in subparagraph (B) through area
health education centers for which Federal financial assistance was
provided under paragraph (1) and which are no longer eligible to receive
such assistance.
"(B) Projects for which assistance may be provided under subparagraph
(A) are -- ".
SEC. 8. "21 USC 360aa note" EFFECTIVE DATE.
(a) GENERAL RULE. -- Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect October 1, 1985.
(b) EXCEPTION. -- The amendments made by sections 2, 3, and 6(a)
shall take effect on the date of the enactment of this Act. The
amendment made by section 6(b) shall take effect October 19, 1984. The
amendments made by section 7 shall take effect October 1, 1984 and shall
cease to be in effect after September 30, 1985.
Approved August 15, 1985.
LEGISLATIVE HISTORY -- S. 1147 (H.R. 2290):
HOUSE REPORT No. 99-153 accompanying H.R. 2290 (Comm. on Energy and
Commerce).
CONGRESSIONAL RECORD, Vol. 131 (1985): May 23, considered and passed
Senate. June 17, 18, H.R. 2290 considered and passed House; S. 1147,
amended, passed in lieu. July 25, Senate concurred in House amendment
with amendments. July 31, House concurred in Senate amendments.
Public Law 99-90, 99 Stat. 385
Whereas, on November 10, 1975, the thirtieth session of the United
Nations General Assembly adopted Resolution 3379 which sought to
legitimize the lie, first perpetrated at the United Nations General
Assembly by representatives of the Union of Socialist Soviet Republics
in 1963, that Zionism is a form of racism; and
Whereas Resolution 3379 of the thirtieth United Nations General
Assembly directly contravenes the most basic principles and purposes of
the United Nations Charter "59 Stat. 1031" and undermines universal
human rights values and principles; and
Whereas that infamous resolution threatens directly the integrity and
legitimacy of a member state by singling out for slanderous attack the
national movement which gave birth to the State of Israel; and
Whereas the adoption of Resolution 3379 by the thirtieth United
Nations General Assembly constituted one of that organization's darkest
moments and may fuel the flames of antisemitism and anti-Zionism; and
Whereas the United States Congress sharply condemned the passage of
Resolution 3379 ten years ago "in that said resolution encourages
antisemitism by wrongly associating and equating Zionism with racism":
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Congress --
(1) soundly denounces and condemns any linkage between Zionism
and racism;
(2) considers UNGA Resolution 3379 to be a permanent smear upon
the reputation of the United Nations and to be totally
inconsistent with that organization's declared purposes and
principles;
(3) unequivocally states that the premise of UNGA Resolution
3379 which equates Zionism with racism is itself clearly a form of
bigotry; and
(4) formally repudiates UNGA Resolution 3379, and calls upon
the Parliaments of all countries which value freedom and democracy
to do the same.
Approved August 15, 1985.
LEGISLATIVE HISTORY -- S.J. Res. 98:
CONGRESSIONAL RECORD, Vol. 131 (1985): July 9, considered and passed
Senate. Aug. 1, considered and passed House.
Public Law 99-89, 99 Stat. 379
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE.
(a) SHORT TITLE. -- This Act may be cited as the "Indian Education
Technical Amendments Act of 1985". "25 USC 2001 note"
(b) REFERENCE. -- References in this Act to "the Act" refer to the
Education Amendments of 1978.
SEC. 2. STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN
BUREAU OF INDIAN AFFAIRS SCHOOLS.
(a) ESTABLISHMENT OF STANDARDS. -- Section 1121(d) of the Act (25 U.
S.C. 2001(d)) is amended --
(1) by striking out "thereafter" in the second sentence and
inserting in lieu thereof ", within 60 days thereafter,"; and
(2) by adding at the end thereof the following new sentences:
"Such revised standards shall be established by the Secretary
unless such standards are specifically rejected by the Secretary
for good cause and the Secretary notifies each affected tribe and
local school board in writing of such rejection. Such rejection
shall be final and not reviewable.".
(b) IMPLEMENTATION OF STANDARDS. -- Section 1121(e) of the Act "98
Stat. 2392" is amended --
(1) by striking out "Within two years" and all that follows
through "Education Assistance Act" in paragraph (2) and inserting
in lieu thereof the following: "Within two years after the date
of enactment of the Indian Education Technical Amendments Act of
1985, or two years after the date of the initial contract for the
provision of educational services under the Indian
Self-Determination and Education Assistance Act, "25 USC 450 note"
whichever is later,";
(2) by adding at the end of paragraph (2) the following: "The
Secretary shall not rescind or fail to renew a contract because of
this paragraph until at least one year after notifying the school
of a failure to comply. During such one-year period, the
Secretary shall render technical assistance to aid the school to
comply."; and
(3) by striking out paragraph (3) and inserting in lieu thereof
the following:
"(3) Within one year of the date of the enactment of the Indian
Education Technical Amendments Act of 1985, the Bureau shall, either
directly or through contract with an Indian organization, establish a
consistent system of reporting standards for fiscal control and fund
accounting for all contract schools. Such standards shall yield data
results comparable to those used by Bureau schools.".
(c) PERSONNEL ACTIONS. "98 Stat. 2392" -- Section 1121(f) of the Act
"25 USC 2001" is amended by striking out the last sentence.
(d) CLOSING, CONSOLIDATION, AND CURTAILMENT. -- Section 1121(g) of
the Act "98 Stat. 2392" is amended --
(1) in paragraph (1), by striking out "no school operated by
the Bureau of Indian Affairs on January 1, 1984, may be closed or
its program curtailed" and inserting in lieu thereof "no school or
peripheral dormitory operated by the Bureau of Indian Affairs on
or after the date of enactment of the Indian Education Technical
Amendments Act of 1985 may be closed or consolidated or have its
program substantially curtailed";
(2) by adding at the end of such paragraph the following new
sentence: "The requirements of this subsection shall not apply
when a temporary closure, consolidation, or substantial
curtailment is required by plant conditions which constitute an
immediate hazard to health and safety.";
(3) in paragraph (2) by striking out "closing or consolidation"
and inserting in lieu thereof "closing, consolidation, or
substantial curtailment"; and
(4) by striking out paragraphs (3), (4), and (5) and inserting
in lieu thereof the following:
"(3) Such standards and procedures shall require that whenever
closure, consolidation, or substantial curtailment of a school is under
active consideration or review by any division of the Bureau or the
Department of the Interior, the affected tribe, tribal governing body,
and designated local school board will be notified as soon as such
consideration or review begins, kept fully and currently informed, and
afforded an opportunity to comment with respect to such consideration or
review. When a formal decision is made to close, consolidate, or
substantially curtail a school, the affected tribe, tribal governing
body, and designated local school board shall be notified at least 6
months prior to the end of the school year preceding the proposed
effective date. Copies of any such notices and information shall be
transmitted promptly to the Congress and published in the Federal
Register.
"(4) The Secretary shall make a report to Congress, the affected
tribe, and the designated local school board describing the process of
the active consideration or review referred to in paragraph (3). At a
minimum, the report shall include a study of the impact of such action
on the student population, with every effort to identify those students
with particular educational and social needs, and to insure that
alternative services are available to such students. Such report shall
include the description of the consultation conducted between the
potential service provider, current service provider, parents, tribal
representative and the tribe or tribes involved, and the Director of the
Office of Indian Education Programs within the Bureau regarding such
students. No irreversible action may be taken in furtherance of any
such proposed school closure, consolidation, or substantial curtailment
(including any action which would prejudice the personnel or programs of
such school) until the end of the first full academic year after such
report is made.".
SEC. 3. SCHOOL BOUNDARIES.
Section 1124(b) of the Act "98 Stat. 2393" is amended to read as
follows:
"(b) On or after the date of enactment of the Indian Education
Technical Amendments Act of 1985, "25 USC 2004" no attendance area shall
be changed or established with respect to any such school unless the
tribal governing body or the local school board (if so designated by the
tribal governing body) has been (i) afforded at least six months notice
of the intention of the Bureau to change or establish such attendance
area, and (ii) given the opportunity to propose alternative boundaries.
Any tribe may petition the Secretary for revision of existing attendance
area boundaries. The Secretary shall accept such proposed alternative
or revised boundaries unless the Secretary finds, after consultation
with the affected tribe or tribes, that such revised boundaries do not
reflect the needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs.".
SEC. 4. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
(a) COORDINATION. -- Section 1126(b) of the Act "98 Stat. 2393" (25
U.S.C. 2006(b)) is amended by striking out the second and third
sentences and inserting in lieu thereof the following: "The Assistant
Secretary for Indian Affairs shall provide for the adequate coordination
between the affected Bureau Offices and the Office to facilitate the
consideration of all contract functions relating to education, except
that the Secretary shall review the applications for the new school
starts which were filed with the Bureau before October 1, 1984, under
the rules and guidelines in effect on the date the application was
filed. Nothing in this Act shall be construed to require the provision
of separate support services for Indian education.".
(b) FACILITIES. -- Section 1126(d) of the Act is amended -- "98 Stat.
2394"
(1) in paragraph (1), by striking out "and" at the end of
subparagraph (A), by striking out the period at the end of
subparagraph (B) and inserting in lieu thereof "; and", and by
inserting after subparagraph (B) the following new subparagraph:
"(C) including a 5-year plan for capital improvements.";
(2) by striking out the second sentence of paragraph (2);
(3) by striking out "the allocation" in paragraph (2)(C) and
inserting in lieu thereof "a notice of an allocation";
(4) in paragraph (2), by striking out "and" at the end of
subparagraph (B), by striking out the period at the end of
subparagraph (C) and inserting in lieu thereof "; and", and by
inserting after subparagraph (C) the following new subparagraph:
"(D) a system for the conduct of routine preventive
maintenance.";
(5) by striking out "expended or transferred" in the next to
last sentence of paragraph (2) and inserting in lieu thereof
"authorized for expenditure";
(6) by striking out paragraph (3) and redesignating paragraph
(4) as paragraph (3); and
(7) in paragraph (3), as so redesignated, by striking out
"Indian Education Amendments of 1984" and inserting in lieu
thereof "Indian Education Technical Amendments Act of 1985".
SEC. 5. ALLOTMENT FORMULA.
(a) SPECIAL COST FACTORS. -- Section 1128(a)(2) of the Act "98 Stat.
2394" (25 U.S.C. 2008(a)(2)) is amended --
(1) by inserting "and" at the end of subparagraph (G);
(2) by striking out "and" at the end of subparagraph (H); and
(3) by striking out subparagraph (I).
(b) SEPARATE FUND FOR EMPLOYEE COSTS. -- Section 1128(e) of the Act
"98 Stat. 2395" is amended to read as follows: "25 USC 2008"
"(e) Supplemental appropriations enacted to meet increased pay costs
attributable to school level personnel shall be distributed under this
section.".
SEC. 6. UNIFORM DIRECT FUNDING AND SUPPORT.
(a) AVAILABILITY OF APPROPRIATIONS. -- Section 1129(a) of the Act "98
Stat. 2395" (25 U.S.C. 2009(a)) is amended --
(1) by striking out "this section" each place it appears and
inserting in lieu thereof "section 1128";
(2) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(3) by adding at the end of paragraph (1) the following new
sentence: "Amounts appropriated for distribution under this
section may be made available under paragraph (2) or under
paragraph (3), as provided in the appropriation Act.";
(4) by inserting after paragraph (1) the following new
paragraph:
"(2)(A) For the purpose of affording adequate notice of funding
available pursuant to the allotments made by section 1128, amounts
appropriated in the appropriations Act for any fiscal year shall
become available for obligation by the affected schools on October
1 of the fiscal year for which they are appropriated without
further action by the Secretary, and shall remain available
through six months of the succeeding fiscal year. In order to
effect the transition to the advance funding method of
distribution described in the preceding sentence, there are
authorized to be appropriated, in an appropriations Act or Acts
for the same fiscal year, two separate appropriations for such
allotments, the first of which shall not be subject to the
preceding sentence.
"(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph --
"(i) publish, on July 1 preceding the fiscal year for which the
funds are appropriated, allotments to each affected school made
under section 1128 of 75 per centum of such appropriations, based
on the school's student count for the preceding academic year;
and
"(ii) publish no later than November 1 of the fiscal year for
which funds are appropriated the allotments to be made from the
remaining 25 per centum, adjusted to reflect actual student count,
such funds to be immediately available for obligation by the
affected schools.";
(5) by striking out "Notwithstanding any law" in paragraph (4)
(as redesignated by paragraph (1) of this subsection) and
inserting in lieu thereof "Pursuant to guidelines established by
the Assistant Secretary, notwithstanding any law";
(6) by striking out "expend no more than 10 percent" in such
paragraph and inserting in lieu thereof "expend no more than
$25,000 annually"; and
(7) by striking out "with or" in such paragraph.
(b) USE OF SELF-DETERMINATION GRANTS. -- Section 1129(c) of the Act
"98 Stat. 2396" is amended --
(1) by striking out "shall institute a program" and inserting
in lieu thereof "may approve applications"; and
(2) by inserting before the period at the end thereof the
following: "from funds appropriated pursuant to section 104(a) of
such Act".
SEC. 7. ANNUAL REPORTING.
Section 1136(b) of the Act "98 Stat. 2397" (25 U.S.C. 2016(b)) is
amended by striking out "the Bureau, the Office, and".
SEC. 8. VOLUNTARY SERVICES.
Section 1140 of the Act (25 U.S.C. 2020) is amended -- "98 Stat.
2398"
(1) by striking out "an officer or employee of the Bureau or
the Office" and inserting in lieu thereof "the Secretary";
(2) by striking out "and contract"; and
(3) by adding the following at the end thereof: "An individual
providing volunteer services under this section is a Federal
employee only for purposes of chapter 81 of title 5, United States
Code, and chapter 171 of title 28, United States Code." "5 USC
8101 et seq. 28 USC 2671 et seq."
SEC. 9. ADDITIONAL TECHNICAL AMENDMENTS.
(a) REDESIGNATION AND REPEAL. -- The Act is further amended --
(1) by redesignating sections 1141 and 1142 "98 Stat. 2398" as
(as added by the Education Amendments of 1984) as sections 1140A
and 1140B), "25 USC 2021, 2022" respectively; and
(2) by striking section 1143 "98 Stat. 2398" as added by such
Amendments).
(b) PRORATION OF PAY. -- Section 1140A(a) of the Act "25 USC 2023"
(as so redesignated) is amended -- "25 USC 2021"
(1) by inserting "including laws relating to dual
compensation," after "provision of law,"; and
(2) by inserting ", including benefits under unemployment or
other Federal or federally-assisted programs," after "pay or
benefits".
(c) EXTRACURRICULAR ACTIVITIES. -- Section 1140B of the Act "25 USC
2022" (as so redesignated) is amended --
(1) by striking out "Secretary shall provide" in subsection (a)
and inserting in lieu thereof "Secretary may provide, for each
Bureau area,";
(2) by striking out subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
SEC. 10. "25 USC 2001 note" EFFECTIVE DATES.
(a) IN GENERAL. -- Except as provided in subsection (b) but
notwithstanding any other provision of law, the amendments made by this
Act and by the Indian Education Amendments of 1984 to title XI "98 Stat.
2391" of the Education Amendments of 1978 "25 USC 2001 note" shall be
effective on the date of enactment of this Act and shall apply with
respect to any expenditure of funds for the operation or support of
Bureau of Indian Affairs schools and Indian controlled contract schools
for school years beginning after August 1, 1985.
(b) EXCEPTION. -- "98 Stat. 2393-2395" The amendments made by
sections 504, 505, and 506 of the Indian Education Amendments of 1984
"25 USC 2005, 2008, 2009" shall be effective on October 1, 1985.
Approved August 15, 1985.
which the Tribal Council may elect to retain and add to the
Tribal Council shall prepare and certify a list of all Tribal members
Council on April 15, 1985, in resolution L and O-03-85.
(2) of any funds transferred to the Tribal Council under
Commission (including all interest and investment income accrued on
Whereas the manufacturing industries of the United States have
(a) SHORT TITLE. -- This Act may be cited as the "Military
Sec. 503. Postponement of a certain Department of Defense contract.
thereof the following:
pay on which the retired pay is based became effective.
first month beginning after the member attains 62 years of age, so as
"(c) VOLUNTARY RETIREMENT FOR MEMBERS OF THE ARMY. --
"(1) IN GENERAL. -- For the purposes of subsections (b) would
have been entitled had he served on active duty during
Retired pay base as computed under section 1406(b) or 1407.
table; and credited as 1/12 of a year; and
"(c) Each former member of the Fleet Reserve or the Fleet Marine
credited as 1/12 of a year; and
"(2) Retired pay computed under this section, if not a multiple of
(11) Section 424 of such title is amended to read as follows:
SERVICE
the same percent as the percent by which the retired pay of the
amended --
"(i) a completed minority enlistment of the member is counted
(Public Law 99-145; 99 Stat. 659), is repealed.
in the total amount of $29,000,000. authorized to be appropriated
for the Department of the Navy set inserting in lieu thereof
"Under Secretary of Defense for
the Commodity Credit Corporation to the Animal and Plant Health
for the farm.
Public Law 99-180, $791,000 shall be obligated to supplement funds not
to exceed $150,000 from "Salaries and Expenses, Antitrust Research and
Development", $10,000,000 to remain available until serving in the
district of Oregon, the western district of Michigan,
The limitation for real property maintenance contained under the
obligation until September 30, 1987, and in addition $232,500,000 shall
authorized to be obligated and expended and are available for
before October 1, 1985, as a condition for participation in such
The applicable limitation on additional commitments to insure shall
be transferred to "Research and development": Provided further, other
than personnel compensation and benefits. to section 1352(a)(1)(C)(iii)
of title 43, United States Code, payment 122, 221, 223, 103(k), 105(c)(
2), and 105(m) of the Compact of Free "Timber Salvage Sales", as set
forth in the message of October 1, 1985,
degrees 54'00" W a distance of 97.72 feet to a point; thence, N
of Energy, "Strategic petroleum reserve", as set forth in the message
Notwithstanding any other provision of this Act, the Secretary of
(e) The property to which this section applies is the property
following new sentences: "In carrying out the provisions of this
Provided prior approval is obtained from the Committees on amounts as
the Senator shall determine, but not in excess of the
other materials (including subscriptions for bibliographic services for
The Department of Transportation is authorized to expend $5,000,000
For an additional amount for "investigation, collection and taxpayer
regulations dealing with organization participation in the 1986
activities will not have a significant impact on the export of
Whereas literacy is a necessary tool for survival in our society;
torch of the Statute of Liberty.
States of America in Congress assembled, That July 4, 1986, the
Approved July 2, 1986.
Whereas the games will bring together more than six thousand
"(ii) If for any fiscal year the amount appropriated for programs
Approved July 8, 1986.
State that lies entirely within one time zone,
transported is readily accessible or is directly accessible from the
(1) by striking out clause (F) and redesignating clause (G)
Section 994 of title 28, United States Code, is amended -- States of
America in Congress assembled, That the weekend of August 1, 1, 1986,
not more than $437,250,000, for necessary expenses of the
"(7)(A) The Secretary may annually permit, until September 30,
shall make available to the Archivist of the United States a
"(2) an institution with accounts insured by the Federal
of Gallaudet University. Hereafter Gallaudet College shall be known as
in the membership of the Board except for public members. Nine
stimulate the development of similar excellent programs the
Secretary; body of the institution, subject to the approval of
the
early childhood education programs and of elementary, secondary,
early childhood education programs and elementary, secondary,
authorization of the Commission, any committee thereof, may, for the
individuals in the Government service employed intermittently. programs
as may be designated in the conveyance or will, and to hold,
(a) DESIGNATION OF LIAISON. -- Not later than 30 days after the
endowment fund corpus and income may not be invested in real
ENDOWMENT PROGRAM.
withdrawal is a necessary response to exceptional or
maintain and operate the Kendall School as a demonstration elementary
court, in its discretion, may award reasonable attorneys' fees as part
youth, except that before the filing of a civil action under such laws
the Education of the Handicapped Act after July 3, 1984, and actions or
the Governments of Austria, Belgium, Bulgaria, Canada, Cyprus, which
they may be bound";
Resolved by the Senate and House of Representatives of the United
(2) White Earth Reservation, Minnesota 6431/7624; and
of 1944 was the largest land battle in history and considered by many
set forth in the proviso in section 5 of the Act of April 21, 1806 (2
duplication in efforts by the Federal Government to acquire,
SEC. 5. In addition to the sums authorized by section 2, not more
first meeting of the task force not later than 90 days after the date
a report on findings from the study undertaken pursuant to
Resolved by the Senate and House of Representatives of the United
Fuels Act of 1980 (42 U.S.C. 8818(a)) is repealed.
terms and conditions of any existing right-of-way, easement, lease, this
subsection has been executed. Financial assistance under
thence along said fenceline 373.16 feet;
portion of the holder's interest therein. fascinating insights into the
animal kingdom and emphasized the 1986, through September 27, 1986, is
designated as "Emergency Medical
Whereas travelers from the United States and other countries spent
U.S.C. 460bb-3; 92 Stat. 3486), is amended by deleting the phrase ",
official ballot title, the submission question, and a summary of the 60
days after such vote or determination.
(1) in paragraph (2) --
1914, c. 79, 38 Stat. 372, as amended (7 U.S.C. 343), is further
Secretary of the Interior may request authority from Congress to
"(l)(1) The requirement of paragraph (26)(B) of subsection (a) of
The proviso of section 301(g) shall apply to the national parent
removed as provided by the laws of Guam.". the Northern Mariana Islands,
or the District Court of the Virgin remainder of his life an annuity
equal to the salary he received when section 1411(b) of Public Law
96-487 (94 Stat. 2498) is amended to read
(4) by striking out paragraph (1); and
after the date of the enactment of this Act, for all Federal services
boundaries of the reservation, in accordance with section 1162 of title
the Secretary by any party named in paragraph (1).
Sec. 301. Accountability review.
INTERNATIONAL TERRORISM
missions abroad, including real property, buildings, facilities,
thereof "Assistant Secretaries of State" and inserting in lieu thereof
(6) DIPLOMATIC COURIER SERVICE. -- Management of the
designated by the Secretary of State. The Director should be a career
accordance with subchapter I of chapter 57 of title 5, United
produce information, or within the jurisdiction of which the and
(a) DIPLOMATIC SECURITY PROGRAM. --
(e) SECURITY REQUIREMENTS OF OTHER FOREIGN AFFAIRS AGENCIES.
involves physical or technical security.
(3) the term "qualified United States joint venture person"
shall submit a report to the Congress on the implementation of this
inserting "the United States Information Agency," immediately
(b) OFFICE OF POLICY AND PROGRAM REVIEW. -- further the sense of the
Congress that the Secretary of State should Justice, the offering,
administration, and payment of rewards under
(2) by inserting after section 39 (as added by section 504 of
"(1) PENALTIES. -- Whoever willfully violates any regulation
equipment and commodities provided under subsection (a) in any fiscal
(A) conduct a review, enlisting the participation of all
"a. In addition to other applicable requirements --
"a. The Nuclear Regulatory Commission (in this section referred to
carry out this section; and
for the sharing of information relating to passports and visas in order
"(B) a citizen, national, or resident alien of the United
"(d)(1) Except as provided in paragraph (3), the President shall
individual designated for that purpose by the President.
shall be available only to the extent that such payments are not any
amounts payable to such individual under any other program funded is
amended by adding at the end thereof the following new section:
captive who is convicted of a captivity-related offense --
"(2) was a result of the relationship of the dependent to the
paragraph (1), shall apply with respect to any person whose captive
respond to special circumstances.
subtitle, are amended by inserting after the item relating to chapter
and the Secretary of State, jointly, shall report to the Congress by
zones, and the development of contingency plans and procedures,
publicize that travel advisory.
U.S.C. App. 1702(6)); and
members of minority groups.
members.
international terrorism.
"(3) if the killing is an involuntary manslaughter as defined
near foreign missions in the District of Columbia (D.C. Code,
forfeit to the United States, irrespective of any provision of State
(c) ORDER OF SPECIAL FORFEITURE. -- Subsection (a) of section 3671
officials to cooperate with the United Nations, and expressed
among the American people and the Congress.
demonstration programs of temporary child care for
parents, and parents' groups.
"(ii) 45 percent shall be available for grants under section
(1) by redesignating paragraphs (2), (3), (4), (5), (6), and
(a) DATA ACQUISITION FOR 1987 AND 1988. -- The Attorney General
The Secretary of Health and Human Services shall establish a
demonstration grants under section 203, the Secretary shall give
availability of these Federal lands; cooperation in preserving
the beauty and safety of areas within
individuals to fly United States flags at half staff throughout the
illness (including schizophrenia, major affective disorders, phobias,
(A) in paragraph (1)(B), by striking out clauses (i) and (ii)
survivorship benefits for the survivors of such judicial official shall
The Director of the Administrative Office of the United States
amount of any annuity payable to a former spouse under subsection
amended -- U.S.C. App. 876);
sentence which reads as follows: 'Justices and judges of the United
Resolved by the Senate and House of Representatives of the United
Sec. 301. Authorization of appropriations. contaminant referred to
in paragraph (1), the Administrator may publish Fungicide, and
Rodenticide Act. promulgation of a national primary drinking water
regulation for any
(c) CONFORMING CHANGES. -- (1) Paragraphs (4), (5), and (6) of
striking the words "he may commence a civil action under subsection
Administrator, the Attorney General shall recover the amount for which
following: "A variance may only be issued to a system after the
service connections and which needs financial assistance for the
"(7) Any system supplying less than 150 service connections shall
"(A) any public water system, or
"(2) when used with respect to pipes and pipe fittings refers
(b) MONITORING OF INJECTION WELLS. -- Part C of the Safe Drinking
appropriate enforcement action, the Administrator shall issue an order
production, or 120 days after such notice is given.
"(b) DEFINITION. -- For purposes of this section, the term
with respect to any proposed critical protection area, such
"(D) A comprehensive statement of land use management
Administrator may also reimburse the applicant of an approved plan up
health of persons. Each State program under this section shall, at a
"(2) MODIFICATION AND RESUBMISSION. -- Within 6 months after
the Federal Government having jurisdiction over any potential source of
subsection (a)(2)(B) not more than the following amounts: for each of
the fiscal years 1987 through 1991. Not less than the
provision. Nothing in this section shall be construed to allow
supplies. commemorate such day with appropriate activities. providing
only food and shelter; time ago, was often stigmatized as a mentally
retarded condition which
LEGISLATIVE HISTORY -- H.R. 2908 (S. 1398):
HOUSE REPORT No. 99-231 (Comm. on Education and Labor).
SENATE REPORT No. 99-116 accompanying S. 1398 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 131 (1985): July 29, considered and
passed House. July 30, considered and passed Senate.
passed Senate. Aug. 8, considered and passed House.
Public Law 99-88, 99 Stat. 293
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, to provide supplemental appropriations for the fiscal year
ending September 30, 1985, and for other purposes, namely:
Of available funds under this head, for budget and program analysis,
$7,000; for personnel, finance and management, operations, information
resources management, equal opportunity, small and disadvantaged
business utilization, and administrative law judges and judicial
officer, $42,000; making a total of $49,000, are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head, $1,000,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for necessary expenses of "Cooperative State
Research Service", $300,000.
For an additional amount for a grant to the New Mexico State
University to help relocate the Fort Stanton Experimental Station to
another site, thereby making available land needed for a new Ruidoso
airport, $1,200,000 to remain available until expended: Provided, That
payment to the New Mexico State University in the amount of $1,000,000
for its real or personal property interest is hereby determined to be an
allowable project cost in accordance with section 513 of the Airport and
Airway Improvement Act of 1982 "49 USC app. 2212" (49 U.S.C. 2212):
Provided further, That the Secretary of the Interior is authorized and
directed to convey to the Sierra Blanca Airport Commission (hereinafter
referred to as the "Commission"), Ruidoso, New Mexico, at a cost of
$2.50 per acre (to be used for administrative costs) all right, title,
and interest of the United States in and to the public lands aggregating
approximately 1,666 acres in Lincoln County, New Mexico, a tract of land
located within section 1, 2, 10, 11 and 12, T1OS, R14E, N.M.P.M., and
within section 5, 6, and 7, T1OS, R10E, N.M.P.M., along with adequate
right-of-way across Federal lands for suitable access from State and
local highways to such tract, to be used for the purpose of a regional
public airport. The conveyance required by this Act shall be completed
within 120 days of the request for such conveyance by the Commission
following enactment of this Act and shall be subject to such reasonable
terms, limitations, and conditions as may be specified by the Secretary
of Transportation. As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior, in cooperation with the
Secretary of Transportation, shall submit a map and legal description of
the public lands designated above to the Committee on Energy and Natural
Resources of the Senate and the Committee on Agriculture and the
Committee on Interior and Insular Affairs of the House of
Representatives. Such map and legal description shall have the same
force and effect as if included in this Act, except that any clerical or
typographical error in such map or legal description may be corrected.
The Secretary of the Interior and the Secretary of Transportation shall
each place such map and legal description on file, and make them
available for public inspection, in the Department of the Interior and
the Department of Transportation. They are reserved to the United
States all minerals that may be found in the lands described above,
together with the right of the United States, its permittees, lessees,
or grantees, at any time, to prospect for, mine and remove such
minerals: Provided further, That the exercise of this right shall not
interfere with the development, protection, or operation of any airport
located on the land conveyed.
For an additional amount for graduate fellowship grants under section
1417 of Public Law 95-113, as amended (7 U.S.C. 3152), $2,000,000, to
remain available until expended.
For an additional amount for a grant to Mississippi State University
to conduct a program for and to promote research excellence in the area
of warmwater aquaculture, including such lands, buildings, and equipment
as may be necessary to carry out the program, $3,500,000, including
$700,000 made available by Public Law 98-473 "98 Stat. 1837" which shall
be transferred to and merged with this appropriation, to remain
available until expended, and to be matched by and equal non-Federal
share.
For an additional amount for a grant to the University of Kansas for
the evaluation and transfer of remote sensing applications to
agricultural users, $200,000.
For an additional amount for the Federal share of the cooperative
boll weevil eradication program, not to exceed $650,000; and for an
additional amount to conduct a grasshopper control program, not to
exceed $19,000,000, including such amounts as may be necessary to
restore funds borrowed from other programs.
Of available funds under this head, $400,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for the Economic Research Service to
determine the losses suffered by United States farm producers of
agricultural products during the last decade as a result of embargoes on
the sale of United States agricultural products and the failure to offer
for sale in world markets commodities surplus to domestic needs at
competitive prices for use in determining what part of existing
indebtedness of farmers should be suspended as a result of such foreign
policy, $500,000, to remain available until expended.
Of available funds under this head, $50,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Statistical Reporting Service",
$1,560,000, for the Quarterly Farm Labor Survey.
Of available funds under this head, $100,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount of $700,000 for the egg products inspection
program.
Of available funds under this head, $85,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
Effective May 1, 1985, none of the funds in this or any other Act
shall be available to close or relocate any State or county office of
the Agricultural Stabilization and Conservation Service.
To enable the Secretary of the Treasury to subscribe and pay for
capital stock of the Federal Crop Insurance Corporation, as provided in
section 504(a) of the Federal Crop Insurance Act of 1980 (7 U.S.C.
1504), $50,000,000.
For emergency borrowing authority as authorized by section 516(d) of
the Federal Crop Insurance Act, as amended (Public Law 96-365), "7 USC
1516" $113,000,000 shall be available to the Federal Crop Insurance
Corporation.
For an additional amount to reimburse the Commodity Credit
Corporation for net realized losses sustained, but not previously
reimbursed, pursuant to the Act of August 17, 1961 (15 U.S.C. 713a-11,
713a-12), $3,935,790,000.
None of the funds provided for fiscal year 1985 in this or any other
Act shall be available to restrict the authority of the Commodity Credit
Corporation to lease space for its own use or to lease space on behalf
of other agencies of the Department of Agriculture when such space will
be jointly occupied.
Notwithstanding any other provision of this Act, the amount
appropriated by this Act for the Commodity Credit Corporation,
reimbursement for net realized losses, shall be $2,935,790,000.
Of the funds made available by Public Law 98-473 "98 Stat. 1837" for
the Office of Rural Development Policy, $209,000 shall remain available
until September 30, 1986.
For an additional amount for "Salaries and expenses", $17,000,000.
Effective November 12, 1983, "7 USC 1927a" and thereafter, upon
request of the borrower, the interest rate charged by the Farmers Home
Administration to housing, farm, water and waste disposal, and community
facility borrowers shall be the lower of the rates in effect at either
the time of loan approval or loan closing and any Farmers Home
Administration grant funds associated with such loans shall be set in
amount based on the interest rate in effect at the time of loan
approval.
Upon request to the Secretary of Agriculture, any school district
receiving all cash or all letters of credit in lieu of commodities under
the school lunch program on January 1, 1985, shall continue to receive
all cash in lieu of commodities or all letters of credit in lieu of
commodities through December 31, 1985. Such school districts shall
receive bonus commodities in the same manner as such commodities are
made available to any other school district participating in the school
lunch program.
For an additional amount for "Food stamp program", $318,856,000:
Provided, That notwithstanding any other provision of law, the
provisions of subsections (f) and (i) of section 3 and section 10 of the
Food Stamp Act of 1977, "7 USC 2012a 7 USC 2012, 2019" as amended,
concerning private, nonprofit drug addiction or alcohol treatment and
rehabilitation programs, shall henceforth also be applicable to publicly
operated community health centers.
For necessary expenses for States and local agencies to carry out the
distribution of surplus commodities under the Temporary Emergency Food
Assistance Act of 1983 (7 U.S.C. 612c note), $7,000,000 to remain
available through March 31, 1986: Provided, That the Secretary of
Agriculture shall review the reported condition of the "street people"
and other disadvantaged people in cities and counties throughout the
Nation, including those reported in Tunica County, Mississippi, and
report to the House and Senate Committees on Appropriations his
recommendations for correcting or improving the situation which exists.
Notwithstanding section 212 of the Temporary Emergency Food
Assistance Act of 1983 (7 U.S.C. 612c note), section 203 of such Act "7
USC 612c note" shall remain in effect through June 30, 1986.
Of available funds under this head, $100,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Salaries and expenses", $992,000, to
remain available until expended.
Of available funds under this head, "$499,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $241,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $433,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head, $120,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Economic development assistance
programs", $30,730,000, to remain available until expended, of which
$15,000,000 is for a grant to Thayer School of Engineering in Hanover,
New Hampshire, for construction, renovation and related costs for
facilities for its model interdisciplinary engineering program;
$5,730,000 is for a grant to the city of Columbia, South Carolina, to
assist in the completion of the relocation and consolidation of railroad
tracks; and $10,000,000 is for a grant to the Oregon Health Sciences
University Hospital in Portland, Oregon, for the south wing
rehabilitation project.
Of available funds under this head, $6,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $305,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $468,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Operations, research, and facilities",
$126,100,000, to remain available until expended.
For an additional amount for "Fishermen's Contingency Fund",
$500,000, for carrying out the provisions of title IV of Public Law
95-372, as amended, to be derived from receipts collected pursuant to
that Act, "43 USC 1841" to remain available until expended.
For an additional amount for "Fishermen's Guaranty Fund", $2,500,000,
to be derived from the general fund of the Treasury.
For necessary expenses of the "Federal Ship Financing Fund, Fishing
vessels", $20,700,000, to remain available until expended together with
such sums as may be necessary for the payment of interest, for payment
to the Secretary of the Treasury for debt reduction.
Of available funds under this head, $1,472,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head, $183,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of the funds made available under this head, $32,000 are rescinded
pursuant to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $500,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
The Congress disapproves the proposed deferral D85-54 relating to the
Department of Transportation, Maritime Administration, "Operations and
Training" as set forth in the message of February 6, 1985, which was
transmitted to the Congress by the President.
The Federal Communications Commission is authorized to expend such
funds as may be required in fiscal years 1986 and 1987 out of
appropriations for fiscal years 1986 and 1987 for the Federal
Communications Commission, not to exceed $5,000,000, to relocate its
Fort Lauderdale, Florida, Monitoring Station within the State of
Florida, to include all necessary expenses such as options to purchase
land, acquisition of land, lease-back of the present monitoring station
pending acquisition and construction of a new monitoring station,
architectural and engineering services, construction of a new monitoring
station and related facilities, moving expenses, and all other costs
associated with the relocation of the monitoring station and personnel.
The Federal Communications Commission shall promptly declare the
present monitoring station (including land and structures which will not
be relocated) excess to the General Services Administration for
disposition. Notwithstanding sections 203 and 204 of the Federal
Property and Administrative Services Act of 1949, "40 USC 484, 485" as
amended, the General Services Administration shall sell such property
and structures on an expedited basis, including provisions for
lease-back as required, and shall compensate the Commission from the
proceeds of the sale all costs associated with the relocation of the
Fort Lauderdale Monitoring Station to another location, not to exceed
$5,000,000.
Any excess funds received by the General Services Administration from
the sale of the present property, less any funds reimbursed to the
Federal Communications Commission, and less normal and reasonable
charges by the General Services Administration for costs associated with
the sale of the present property, shall be deposited to the general fund
of the Treasury.
The authority under this Act with respect to the relocation of the
Fort Lauderdale Monitoring Station shall (1) extend through fiscal year
1987, and (2) be in addition to any limits on expenditures for land and
structures specified in the Commission's appropriation for fiscal years
1986 and 1987.
Notwithstanding the provisions of the preceding paragraphs under this
head regarding relocation of the Fort Lauderdale, Florida, Monitoring
Station, the Federal Communications Commission and the General Services
Administration shall not take any action pursuant to such paragraphs
committing funds for any purpose or disposing of the Federal lands and
facilities for such station until the Chairman of the Commission and the
General Administrator of the Administration shall (1) jointly prepare
and submit to the Committees on Appropriations, the Committee on Energy
and Commerce and the Committee on Government Operations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Governmental Affairs of the Senate,
a letter or other document setting forth in detail provisions and
procedures for such acquisition, construction, and disposition which
reasonably carry out the provisions of these paragraphs expeditiously,
but will not disrupt or defer any programs or regulatory activities of
the Commission or adversely affect any employee of the Commission (other
than those at the Monitoring Station who may be required to transfer to
another location) through the use of appropriations for the Commission
in fiscal years 1986 and 1987, and (2) wait a minimum of 30 calendar
days for review by such Committees. Any reimbursed funds received by
the Commission from the Administration pursuant to these paragraphs
shall remain available until expended.
For an additional amount for "Salaries and Expenses", $3,811,000, to
remain available until September 30, 1986.
Of available funds under this head, $27,601,000 are rescinded.
For an additional amount for "Salaries and Expenses", $2,400,000 for
disaster loan making and servicing activities to be derived by transfer
from the "Disaster Loan Fund".
For additional capital for the "Business Loan and Investment Fund,
$27,601,000, to remain available without fiscal year limitation.
Of available funds under this head, $166,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Salaries and Expenses", $100,000.
For an additional amount for "Salaries and expenses, general legal
activities", $574,000.
Of available funds under this head, $470,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $65,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Salaries and Expenses, United States
Attorneys and Marshals", $12,103,000, and in addition $3,000,000 to be
derived by transfer from the "Working Capital Fund", both amounts to
remain available until September 30, 1986.
Of available funds under this head, $889,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
In Public Law 98-411 "98 Stat. 1554" delete the appropriation
language under the heading "Support of United States Prisoners" and
substitute the following:
For support of United States prisoners in non-Federal institutions,
$53,240,000; and in addition, $10,000,000 shall be available under the
Cooperative Agreement Program for the purposes of renovating,
constructing, and equipping State and local correctional facilities:
Provided, That amounts made available for constructing any local
correctional facility shall not exceed the cost of constructing space
for the average Federal prisoner population to be housed in the
facility, or in other facilities in the same correctional system, as
projected by the Attorney General: Provided further, That following
agreement on or completion of any federally assisted correctional
facility construction, the availability of the space acquired for
Federal prisoners with these Federal funds shall be assured and the per
diem rate charged for housing Federal prisoners in the assured space
shall not exceed operating costs for the period of time specified in the
cooperative agreement.
For an additional amount for "Fees and expenses of witnesses",
$800,000, and in addition, $1,500,000 to be derived by transfer from the
Support of United States Prisoners: Provided, That of the amount
appropriated under the above head for fiscal year 1985, not to exceed
$850,000 shall be available for planning, construction, renovation, and
repair of buildings for protected witness facilities: Provided further,
"18 USC 3525 note" That restitution of not to exceed $25,000 shall be
paid to the estate of victims killed as a result of crimes committed by
persons who have been enrolled in the Federal witness protection program
if such crimes were committed within two years after protection was
terminated, notwithstanding any limitations contained in part (a) of
section 3525 of title 18 of the United States Code. "98 Stat. 2162"
Of available funds under this head, $309,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For expenses authorized by 28 U.S.C. 524, as amended by the
Comprehensive Forfeiture Act of 1984, "98 Stat. 2052, 2193" such sums as
may be necessary to be derived from the Department of Justice Assets
Forfeiture Fund: Provided, That in the aggregate, not to exceed
$5,000,000 shall be available for expenses authorized by subsections
(c)(1)(B), (c)(1)(E), and (c)(1)(F) of that section.
Of available funds under this head, $43,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Organized Crime Drug Enforcement",
$635,000.
For an additional amount for "Salaries and expenses", $1,500,000:
Provided, That $10,000,000 provided in Public Law 98-166 "97 Stat.
1082" for the relocation of the Washington field office within the
District of Columbia shall remain available until September 30, 1986.
Of available funds under this head, $3,505,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Salaries and expenses", $20,000,000, to
remain available until September 30, 1986.
Of available funds under this head, $876,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
The appropriation under the heading "Salaries and expenses" in Public
Law 98-411 "98 Stat. 1556" is amended by inserting the following before
": Provided": "and of which not to exceed $6,586,000 for construction
shall remain available until September 30, 1987".
Of available funds under this head, $947,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Salaries and expenses", Federal Prison
System, $900,000, and in addition, $2,183,000 to be derived by transfer
from "Support of United States Prisoners".
Of available funds under this head, $451,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $13,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
Of the unobligated funds available under the "Justice assistance"
account for the Juvenile Justice and Delinquency Prevention Act, "42 USC
5601 note" $800,000 shall be made available for Emergency Federal Law
Enforcement Assistance authorized by Public Law 98-473, "98 Stat. 1837"
notwithstanding the provisions of sections 222(b), 223(b), and 228(e) of
title I of the Juvenile Justice and Delinquency Prevention Act, "42 USC
5632, 5633, 5638" as amended.
For an additional amount for "Payment to the Legal Services
Corporation" for a grant for the establishment of the Gillis W. Long
Poverty Law Center at the Loyola University School of Law in New
Orleans, $4,000,000, to remain available until expended.
For an additional amount for a grant for the establishment of a
clinical program to supplement the services of local Legal Services
grantees at Drake University School of Law in Des Moines, Iowa,
$4,000,000, to remain available until expended.
The purpose of the above grants is to fund two University Centers
which will provide legal clinics to supplement the civil legal services
of Legal Services Corporation grantees, demonstrate how such legal
clinics can be operated to benefit both law students and recipients, and
conduct continuing legal education courses and seminars to encourage and
prepare practicing attorneys for pro bono services. Under each such
clinical program, no recipient shall receive legal services who would be
disqualified by law or regulation from receiving such service from a
Legal Services Corporation grantee.
$3,000,000 of each such grant shall be available to the governing
body of the University to establish an endowment fund to provide income
to support such a program on a continuing basis. Such endowment shall
be held in a trust which dedicates the income exclusively to fulfilling
the purposes above stated and shall be subject to audit by the General
Accounting Office for the sole purpose of determining that all funds
have been accounted for or used for such purposes. If either such
grantee elects to discontinue the program established under this
section, the corpus of the endowment trust shall revert to the Treasury
of the United States and the document accepting the grant shall provide
for such reversion.
The balance of the funds in each grant shall be made available to the
grantee for facilities, equipment, and other costs actually incurred in
establishing such a clinical program, and the application for the grant
shall require only such information and supporting material as is
reasonably necessary to assure that such funds will be used exclusively
for the purposes described herein.
For necessary expenses of the Commission on the Bicentennial of the
United States Constitution, authorized by Public Law 98-101 (97 Stat.
719-723), $331,000 to remain available until expended: Provided, That
the Department of Justice shall be reimbursed for all salaries and other
expenses incurred by the Department directly related to the
establishment of the Commission.
In the appropriation language under the above head in Public Law
98-411, "98 Stat. 1562" the amounts earmarked are revised as follows:
hearings, legal analysis and legal services are increased to $2,063,000;
publications preparation and dissemination is decreased to $747,000;
Federal evaluation is decreased to $1,011,000; and, the clearinghouse
library is decreased to $397,000.
Effective January 1, 1985, the twelfth proviso under this head in
Public Law 98-166 "97 Stat. 1088" relating to compensation of members of
the Board of Directors of the Legal Services Corporation is amended by
inserting "and for other official purposes" immediately following "to
attend Board meetings". In addition, the exception contained in the
first proviso under this head in Public Law 98-411 "98 Stat. 1563" is
amended by inserting after "except that" the following: "beginning
after December 31, 1984, the proviso relating to the compensation of the
Board of Directors of the Legal Services Corporation in Public Law
98-166 is amended by inserting 'and for other official purposes'
immediately following 'to attend Board meetings';".
For an additional amount for "Salaries and Expenses", $73,342,000,
and in addition, $12,781,000 to be derived by transfer from
"Contributions to International Organizations", to remain available
until September 30, 1986: Provided, That the Secretary of State shall
report to the appropriate committees in Congress on the obligation of
security funds every 30 days from the date of enactment of this Act.
Of available funds under this head, $2,432,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Acquisition, Operation, and Maintenance
of Buildings Abroad", $167,579,000, to remain available until expended:
Provided, That notwithstanding any other provision of law --
(a) The Secretary of State shall not permit the Soviet Union to
occupy the new chancery building at its new embassy complex in
Washington, District of Columbia, or any other new facilities in the
Washington, District of Columbia metropolitan area, if the Soviet Union
fails to provide prompt and full reimbursement of the United States for
damages incurred as a result of the construction of the new United
States Embassy in Moscow, in an amount to be determined by agreement
between the United States and the Union of Soviet Socialist Republics or
in the event of disagreement by the decision of an international
arbitral tribunal as created pursuant to the contract for construction
between the United States and the Union of Soviet Socialist Republics.
(b) Within 30 days after the enactment of this Act the Secretary of
State shall initiate actions to begin the international arbitration
process, which is provided for in the embassy construction agreement
between the United States and the Union of Soviet Socialist Republics,
in order to resolve all United States claims against the Union of Soviet
Socialist Republics for damages arising from delays in the construction
of the new United States Embassy complex in Moscow.
(c) In the event the amount of reimbursement provided to the United
States under paragraph (a) by the Union of Soviet Socialist Republics is
less than the amount of funds expended from this account for damages
arising from delays at the site of the new United States Embassy complex
in Moscow that are determined by the Secretary of State to be the
responsibility of the Union of Soviet Socialist Republics, the Secretary
of State shall submit to the Appropriations Committees of the House of
Representatives and the Senate a detailed report explaining the reasons
that the Secretary has accepted such arrangements and the financial
costs to the United States of doing so.
(d) The Secretary of State may suspend the restrictions in paragraph
(a) in the national security interests of the United States if he
certifies to Congress that a substantial number of the claims described
therein are settled and that resolution of any remaining claims is
proceeding in a satisfactory manner. If the Secretary exercises the
authority under this paragraph, he shall report to the Appropriations
Committees of the House of Representatives and the Senate every six
months concerning progress on resolution of any outstanding claims.
For an additional amount for "Acquisition, Operation, and Maintenance
of Buildings Abroad (Special Foreign Currency Program)", $2,000,000, to
remain available until expended.
For an additional amount for "Emergencies in the Diplomatic and
Consular Service", $1,000,000, to remain available until expended, for
rewards for information concerning terrorist acts in accordance with
section 86, State Department Basic Authorities Act of 1956, "98 Stat.
2706" as amended (Public Law 98-533).
For an additional amount for "Payment to the Foreign Service
retirement and disability fund", $5,399,000.
For an additional amount for "International Fisheries Commissions",
$1,200,000, to be derived by transfer from "Contributions to
International Organizations".
For expenses necessary to carry out provisions of the Fishermen's
Protective Act of 1967 "22 USC 1971 note" as amended, $1,000,000, to
remain available until expended.
For an additional amount for "Arms Control and Disarmament
Activities", $4,134,000. Of the amounts appropriated for the Arms
Control and Disarmament Agency for fiscal year 1985, not to exceed an
additional $10,000 shall be available for official reception and
representation expenses.
For an additional amount for the Board for International
Broadcasting, "Grants and Expenses", $13,753,000: Provided, That
notwithstanding section 8(b) of the Board for International Broadcasting
Act of 1973, "22 USC 2877" as amended, the amounts placed in reserve, or
which would be placed in reserve, in fiscal year 1985 pursuant to that
section, shall be available to the Board for carrying out that Act until
September 30, 1986, of which (1) $4,900,000 shall be for the purpose of
upgrading the pension benefits of pre-1976 Radio Free Europe/Radio
Liberty retirees and widows; (2) $2,275,000 shall be used for upgrading
the security of RFE/RL installations; and (3) the balance shall be
applied toward the capital modernization plan.
The appropriation under this head in Public Law 98-411 "98 Stat.
1568" is amended by striking ": Provided" through "vacant". "22 USC
2873 note"
For an additional amount for "Salaries and expenses", $75,000, to
remain available until expended.
Of available funds under this head, $2,879,000 are rescinded.
Of the funds made available under this head in Public Law 98-411, "98
Stat. 1568" $3,800,000 for the pilot Central American Undergraduate
Scholarship program shall remain available until September 30, 1986;
and for an additional amount under this head, $9,000,000, to remain
available until September 30, 1986.
For an additional amount under this head to promote the development
of an independent media service by the Afghan people and to provide for
the training of Afghans in media and media-related fields, $500,000, to
remain available until September 30, 1986: Provided, That the Director,
with the Secretary of State, shall report to the appropriate committees
of Congress on the obligation of these funds 60 days from the date of
enactment of this Act.
For the Private Sector Exchange Programs, an additional $500,000 is
provided, to remain available until expended, for the model
Chinese-American Development Student Exchange Program at Tufts
University as authorized by the Mutual Educational and Cultural Exchange
Act, as amended (22 U.S.C. 2451 et seq.).
For an additional amount for "Acquisition and Construction of Radio
Facilities", $6,648,000, to remain available until expended.
Funds appropriated under this head in the Second Supplemental
Appropriations Act, 1984 (Public Law 98-396), "98 Stat. 1376" for the
installation of security systems, shall be made available also for the
acquisition and installation of additional communications equipment by
the Office of the Marshal, Supreme Court of the United States:
Provided, That said equipment shall be under the jurisdiction of and
maintained by the Office of the Marshal after its installation.
For an additional amount for "Salaries of judges", $3,098,000, to
remain available until September 30, 1986.
For an additional amount for "Salaries of supporting personnel",
$5,548,000, to remain available until September 30, 1986.
For an additional amount for "Defender services", $21,992,000, to
remain available until expended.
For an additional amount for "Fees of jurors and commissioners",
$1,700,000, to remain available until expended.
For an additional amount for "Expenses of operation and maintenance
of the courts", $13,526,000, of which $11,300,000 is to remain available
until expended.
Of available funds under this head, $4,417,000 are rescinded.
For an additional amount for "Space and facilities", $2,384,000, to
remain available until September 30, 1986.
For an additional amount for "Court security", $1,492,000, to remain
available until September 30, 1986.
For an additional amount for "Salaries and expenses", $86,000.
For an additional amount for "Salaries and expenses", $51,000.
Effective on the first day of the first applicable pay period
commencing on or after January 1, 1985, each rate of pay subject to
adjustment by section 461 of title 28, "28 USC 461 note" United States
Code, shall be increased by an amount, rounded to the nearest multiple
of $100 (or if midway between multiples of $100, to the next higher
multiple of $100), equal to the overall percentage of the adjustment
taking effect under section 5305 of title 5, United States Code, in the
rates of pay under the General Schedule during fiscal year 1985.
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, "98 Stat. 2017" United States Code, "28 USC
991 et seq." $2,350,000, to remain available until expended.
From funds previously appropriated and made available under this
heading in other Appropriation Acts, the Secretary of the Navy may make
payments of not to exceed $1,500,000 for expenses of the Commission on
Merchant Marine and Defense as authorized in section 1536 of the
Department of Defense Authorization Act, "98 Stat. 2633" 1985 (Public
Law 98-525). "46 USC app. 1120 note"
Of the amount available to the Department of Defense within the
"Aircraft Procurement, Navy, 1983/1985" ($129,000,000); "Aircraft
Procurement, Navy, 1984/1986" ($21,200,000); and "Aircraft Procurement,
Navy, 1985/1987" ($89,800,000) appropriations, $240,000,000 shall be
available for the modification of A-6E aircraft.
Of the amounts available to the Department of Defense within
"Shipbuilding and Conversion, Navy, 1981/1985", $6,240,000 shall be
transferred to the United States Coast Guard, "Acquisition,
construction, and improvements", for polar icebreaker repair.
To the Director of Central Intelligence, for the enhancement of
security countermeasures capabilities, $35,000,000, to remain available
until September 30, 1986, to be allocated by the Director of Central
Intelligence among the National Security Agency, the Central
Intelligence Agency, the Federal Bureau of Investigation, the Department
of State, and any other agency that the Director of Central Intelligence
may determine, such funds to be expended exclusively for the purpose of
improving security countermeasures capabilities at United States
Embassies and other facilities abroad in accordance with a plan to be
developed by the Director of Central Intelligence in conjunction with
the National Security Agency, the Central Intelligence Agency, the
Federal Bureau of Investigation, the Department of State, the National
Security Council and any other agency that the Director of Central
Intelligence may determine and submitted to the Appropriations and
Intelligence Committees of the Congress by September 1, 1985.
Funds made available for the Civil Air Patrol pursuant to section
8089 of the Department of Defense Appropriation Act of 1985 (Public Law
98-473) "98 Stat. 1940" may be used to reimburse the Civil Air Patrol
for costs incurred in procuring such major items of equipment as the
Secretary of the Air Force considers needed by the Civil Air Patrol to
carry out its missions.
Section 8091 of the Department of Defense Appropriations Act, 1985
(as contained in section 101(h) of Public Law 98-473; 98 Stat. 1940) is
amended by striking out "On or after June 30, 1985" and inserting in
lieu thereof "After September 30, 1985".
In lieu of section 8070 of Public Law 98-473 (98 Stat. 1938), insert
the following:
"SEC. 8070. None of the funds available to the Department of Defense
during the current fiscal year may be used to enter into any contract
with a term of eighteen months or more or to extend or renew any
contract for a term of eighteen months or more, for any vessel, aircraft
or vehicles, through a lease, charter, or similar agreement without
previously having been submitted to Committees on Appropriations of the
House of Representatives and the Senate in the budgetary process.
Further, any contractual agreement which imposes an estimated
termination liability (excluding the estimated value of the leased item
at the time of termination) on the Government exceeding 50 per centum of
the original purchase value of the vessel, aircraft, or vehicle must
have specific authority in an appropriation Act for the obligation of 10
per centum of such termination liability.".
None of the funds available to the Department of the Navy may be used
to enter into any contract for the overhaul, repair or maintenance of
any naval vessel which includes charges for interport differential as an
evaluation factor for award.
For an additional amount for the prosecution of river and harbor,
flood control, shore protection, and related projects authorized by
laws; and detailed studies, and plans and specifications, of projects
(including those for development with participation or under
consideration for participation by State, local governments, or private
groups) authorized or made available for selection by law (but such
studies shall not constitute a commitment of the Government to
construction), to remain available until expended, $48,000,000 for
"Construction, general" and $800,000 for "Flood control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana,
Mississippi, Missouri, and Tennessee"; of which $7,800,000 shall be
derived from the Inland Waterways Trust Fund; except that the Secretary
of the Army acting through the Chief of Engineers is authorized and
directed to proceed with planning, design, engineering, and construction
of the following projects substantially in accordance with the
individual report describing such project as reflected in the Joint
Explanatory Statement of the Committee of Conference accompanying the
Conference Report for H.R. 2577: Ardsley, New York; Atchafalaya Basin
Floodway System, Louisiana; Baltimore Harbor and Channels, Maryland and
Virginia; Barnegat Inlet, New Jersey; Basset, Creek, Minnesota;
Bonneville Navigation Lock, Oregon and Washington; Clear Creek, Texas;
Cleveland Harbor, Ohio; Colorado River and tributaries, Boggy Creek at
Austin, Texas; Cowanesque Lake, Pennsylvania; Dade County, Florida
(north of Haulover Beach Park); Des Moines Recreational River and
Greenbelt, Iowa; Eight Mile Creek, Arkansas; Ellicott Creek, New York;
Fairfield Vicinity Streams, California; Freeport Harbor, including
relocation of North Jetty, Texas; Gallipolis Locks and Dams, Ohio and
West Virginia; Geneva-on-the-Lake, Ohio; Gulfport Harbor, Mississippi;
Jonesport Harbor, Maine; Kahoma Stream, Hawaii; Kill Van Kull
Channel, Newark Bay Channel, New York and New Jersey; Liberty State
Park Levee and Seawall, New Jersey; Little Dell Lake, Utah; Locks and
Dam 26, Illinois and Missouri (Second Lock), including environmental
management along the Upper Mississippi River Basin; Merced County
Streams, California; Mississippi River Ship Channel, Gulf to Baton
Rouge, Louisiana; Missouri National Recreational River, Nebraska and
South Dakota; Mobile Harbor, Alabama; Moriches Inlet, New York;
Norfolk Harbor, Virginia; Parker Lake, Oklahoma; Pearl River, Slidell,
St. Tammany Parish, Louisiana; Port Ontario Harbor, New York; Richmond
Harbor, California; Richmond local protection project, Virginia;
Sacramento River Deep Water Ship Cahnnel, California; Savannah Harbor
Widening, Georgia; Tampa Harbor Branch Channels, including East Bay
Channel maintenance, Florida; Virginia Beach Streams, Canal No. 2,
Virginia; William Bacon Oliver Lock and Dam, Alabama: Provided, That
none of the funds herein appropriated may be expended to undertake such
projects except under terms and conditions acceptable to the Secretary
of the Army (or under terms and conditions provided for in subsequent
legislation when enacted into law) as shall be set forth in binding
agreements with non-Federal entities desiring to participate in project
construction. Each such agreement shall include a statement that the
non-Federal entities are capable of and willing to participate in
project cost-sharing and financing in accordance with terms of the
agreement. At such time as the Secretary has executed a formal binding
agreement and has determined that the non-Federal entities' financing
plan demonstrates a reasonable likelihood of the non-Federal entities'
ability to satisfy the terms and conditions of the agreement, the
Secretary shall initiate construction at a project in accordance with
such agreement: Provided further, That the funds appropriated herein
shall lapse on June 30, 1986, if the agreement required herein for that
project has not been executed: Provided further, That where
construction of a comprehensive project for flood control and
improvement of a multi-State region described in this paragraph has
commenced prior to the date of enactment of this Act, new or additional
non-Federal cost-sharing shall not be required for any part of such
comprehensive project, and where construction of such a project has
begun prior to the date of enactment of this Act, all elements or
features of the comprehensive project shall be considered to be part of
that project: Provided further, That the initiation of inland waterways
projects identified for planning, design, engineering, and construction
in this Act may be funded from sums available in the Inland Waterways
Trust Fund, established by the Inland Waterways Revenue Act of 1978
(title II of Public Law 95-502) "26 USC 1 note; 33 USC 1802"
notwithstanding the second sentence of section 204 of such Act.
Notwithstanding any other provision of law (including any other
provision of this Act), initiation of construction with respect to any
project referred to in this paragraph shall be subject to subsequent
enactment of legislation specifying the requirements of local
cooperation for water resources development projects under the
jurisdiction of the Department of the Army and where appropriate, to
enactment of needed authorizing legislation; except that this sentence
shall not apply after May 15, 1986.
For an additional amount for "General Investigations", to remain
available until expended, $1,200,000 with which the Secretary of the
Army, acting through the Chief of Engineers, is directed to undertake
studies of the Buffalo Harbor, New York; St. Petersburg Harbor,
Florida; Tangier Island, Virginia; South Kohala water supply, Hawaii;
West Onslow Beach and New River Inlet, North Carolina; Meredosia,
Willow Creek, and Coon Run Drainage and Levee District, Illinois (AE&
D); and a reconnaissance study of the feasibility of making the Wabash
River navigable under the authorized Wabash River Basin Comprehensive
Study; and in addition, the Secretary of the Army is directed to
proceed with the feasibility phase of the Brunswick Harbor, Georgia,
study and the South Metropolitan Atlanta Region, Georgia study at full
Federal expense, using funds made available in Public Law 98-360. "98
Stat. 403"
For an additional amount for "Construction, General", to remain
available until expended, $7,500,000 for the construction, at full
Federal expense, of facilities at the Mill Creek recreation area of the
Tioga-Hammond Lakes project in Pennsylvania which would typically be
cost shared, making a special effort to adapt such authorized facilities
to the specific needs of the handicapped, provided that local interests
develop specialized facilities to include buildings, lodges,
demonstration centers, and non-water oriented equipment, and accept full
responsibility for operation and maintenance of the entire recreation
area which must be made available to the general public: Provided, That
the Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to utilize funds heretofore appropriated for
Construction, General to carry out engineering and design and
acquisition of land for Gallipolis Locks and Dam, Ohio and West
Virginia; Locks and Dam 26, Illinois and Missouri Second Lock;
Monongahela River, Grays Landing (Lock No. 7), Pennsylvania;
Monongahela River, Point Marion (Lock No. 8), Pennsylvania and West
Virginia; William Bacon Oliver Lock and Dam, Alabama; Bonneville
Navigation Lock, including necessary relocations, Oregon and Washington;
and Winfield Lock and Dam, West Virginia; and in addition, $15,000,000
to remain available until expended, for construction of the main dam of
the Elk Creek Lake, Rogue River Basin, Oregon project as authorized by
the River and Harbor and Flood Control Act of 1962, "76 Stat. 1173,
1180" Public Law 87-874.
For an additional amount for "Flood Control and Coastal Emergencies",
$25,000,000, to remain available until expended.
For an additional amount for "Operation and Maintenance, General", to
remain available until expended, $2,600,000 with which the Corps of
Engineers is directed to construct recreation facilities (including a
recreation lake) at Sepulveda Dam, California.
Within available funds, the Secretary of the Army is directed to use
$400,000 to operate and maintain additional streambank stabilization
structure in accordance with section 707 of Public Law 95-625. "16 USC
1274"
The Secretary of the Army is directed to construct recreation
facilities at the Ouachita and Black Rivers, Arkansas and Louisiana;
New Melones Lake, California; Saylorville Lake, Iowa; Copan Lake,
Oklahoma; and Sardis Lake, Oklahoma, projects at full Federal expense,
in accordance with Public Law 98-360 "98 Stat. 403" (H. Rept. 98-866)
using funds heretofore or hereafter provided.
Within available funds, the Secretary of the Army, acting through the
Chief of Engineers, is authorized and directed to perform necessary
channel and associated work in connection with the Turtle Creek,
Pennsylvania, local protection project; and shall take such action as
may be necessary to remove accumulated snags and other debris blocking
the channel of the Hatchie River and its tributaries in the vicinity of
Bridge Creek and the Little Hatchie River in Mississippi; and shall
take such action as may be necessary to perform necessary channel and
associated work in connection with the Glencoe, Alabama, flood control
project.
Notwithstanding any existing agreement, within funds otherwise
available for the Yazoo Basin, the Corps of Engineers is directed to
operate and maintain the McKinney Bayou Pumping Plant in accordance with
the provisions of Public Law 678 of the Seventy-fourth Congress,
approved June 15, 1936, as amended by Public Law 526 "49 Stat. 1508" of
the Seventy-ninth Congress, approved July 24, 1946, effective after the
date of enactment of this Act. "60 Stat. 641"
Section 105 of Public Law 98-360 "98 Stat. 405" is amended by
striking the words "at a cost not to exceed $450,000", and inserting in
lieu thereof, the words "at an estimated cost of $735,000".
The Secretary of the Army, acting through the Chief of Engineers, is
directed to construct the beach erosion control project for Langdon
Park, Wilmette, Illinois, under the authority of section 103 of the
River and Harbor Act of 1962, "33 USC 426 note; 426e-426g" as amended,
and in accordance with the cost-sharing provisions in the Final Detailed
Project Report, dated September 1983, at a total estimated cost of
$270,000.
Section 14 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C.
408), is amended by inserting a colon in place of the period at the end
of the section and inserting thereafter: "Provided further, That the
Secretary may, on the recommendation of the Chief of Engineers, grant
permission for the alteration or permanent occupation or use of any of
the aforementioned public works when in the judgment of the Secretary
such occupation or use will not be injurious to the public interest and
will not impair the usefulness of such work."
The Secretary of the Army is directed to initiate Continuation of
Planning and Engineering studies for the Maumee Bay State Park, Ohio,
project at full Federal expense, using funds made available in Public
Law 98-360. "98 Stat. 403"
The Secretary of the Army, acting through the Chief of Engineers,
shall grant, within ninety days of enactment of this Act, to the
University of Alabama at Huntsville the funds appropriated to the
Secretary of the Army pursuant to title I of Public Law 98-50 "97 Stat.
247" for the design and construction of a Corps of Engineers learning
facility at Huntsville, Alabama. This grant shall be made to the
University of Alabama at Huntsville subject to the conditions that the
University will convey the grant funds to the Chief of Engineers to
design and construct the learning facility on lands owned by the
University of Alabama and the completed facility is to be owned and
maintained by the University and be operated by the University and the
Corps as a joint use facility, all according to such specifications,
terms, and cost sharing arrangements for operation and maintenance as
the University of Alabama at Huntsville and the Secretary of the Army,
acting through the Chief of Engineers, may agree. The Secretary of the
Army, acting through the Chief of Engineers, shall report to the
Committees on Appropriations of the United States House of
Representatives and the United States Senate on a monthly basis on the
status of the required agreements and the construction of the learning
facility until such time as the facility is constructed and operational
at the University of Alabama at Huntsville.
The authorization for the Sardis Lake project, Oklahoma, contained in
section 203 of the Flood Control Act of 1962, "76 Stat. 1180" as amended
by section 108 of the Energy and Water Development Appropriation Act of
1982 "95 Stat. 1137" is hereby amended to authorize and direct the
Secretary of the Army, acting through the Chief of Engineers, to plan,
design, and construct access road improvements to the existing road from
the west end of Sardis Lake to Daisy, Oklahoma, at an estimated Federal
cost of $10,000,000 and the State or political subdivision shall agree
to operate and maintain said facilities at their own expense.
Notwithstanding any other provision of law, the Secretary of the
Army, acting through the Chief of Engineers, is hereby authorized to
enter into a purchase contract for the acquisition of new buildings and
appurtenant facilities for the United States Army Engineer District,
Walla Walla, Washington. Such buildings and facilities shall be
constructed on a suitable site in the Walla Walla, Washington area,
which the Chief of Engineers is authorized to acquire for that purpose.
The contract shall provide for the payment of the purchase price, which
shall not exceed $12,000,000, and reasonable interest thereon, by lease
or installment payments over a period not to exceed 25 years. The
contract shall further provide that the title to the building and
facilities shall vest in the United States at or before the expiration
of the contract term upon fulfillment of the terms and conditions of the
contract.
(a) Section 44 of the Water Resources Development Act of 1974 (Public
Law 93-251; 88 Stat. 12) "88 Stat. 24" is amended by --
(1) adding at the end of subsection (a) the following:
"A tract of land situated in the south half of the southwest quarter
of section 29, township 152 north, range 91 west of the fifth principal
meridian, Mountrail County, North Dakota, being more particularly
described as follows:
"Commencing at the southewst corner of said section 29, thence
south 89 degrees 54 minutes 28 seconds east a distance of 1,170
feet, thence north 00 degrees 06 minutes 00 seconds east a
distance of 280 feet to a point of beginning, said point being the
northwest corner of lot 4, block 5, of Olsons First Addition,
thence north 00 degrees 09 minutes 00 seconds east a distance of
480 feet to the northwest corner of lot 4, block 5, Olsons Second
Addition, thence south 89 degrees 57 minutes 00 seconds east a
distance of 1,468.9 feet, thence south 00 degrees 09 minutes 00
seconds west, along the east line of Olsons Second Addition a
distance of 480 feet, to the north line of said Olsons First
Addition, thence north 89 degrees 57 minutes 00 seconds west a
distance of 1,468.9 feet to a point of beginning. The area herein
described contains 16.19 acres, more or less, and is more commonly
referred to as 'Olsons Second Addition'."; and
(2) striking out paragraph (2) of subsection (b) and inserting
in lieu thereof the following:
"(2)(A) Subject to the provisions of subparagraph (B), the lands
conveyed pursuant to this section shall be used by the Mountain County
Park Commission, Mountrail County, North Dakota, for public park and
recreation purposes. If any lands used for public purposes are ever
used for any other purpose, title thereto shall revert to, and become
the property of, the United States which shall have the right to
immediate entry thereof.
"(B) The park commission may designate a portion of the lands
conveyed for leasing of cabin sites. The Mountrail County Park
Commission shall reimburse the Federal Government for lands so used as
the fair market value for such property.".
(b) The Secretary of the Army is authorized to execute and file an
amended deed to reflect the amendments made by this section.
(a)(1) Except as otherwise provided in this Act and notwithstanding
any other provision of law, the Secretary of the Army shall transfer,
without consideration and without warranty of any kind, all rights,
title, and interests of the United States in each of the following
described lands (including all improvements on such lands) to the
municipal corporation serving the inhabitants of such land as soon as
possible after the incorporation of such municipal corporation:
(A) The land referred to as Riverdale, North Dakota, consisting
of 892 acres, more or less, as depicted on drawing numbered
MGR160-2E1, dated November 10, 1981, on file in the office of the
district engineer, United States Army Engineer District, Omaha,
Nebraska.
(B) The land referred to as Pickstown, South Dakota, consisting
of 393 acres, more or less, as depicted on drawing numbered
MR315-2E1, dated November 3, 1981, on file in the office of the
district engineer, United States Army Engineer District, Omaha,
Nebraska.
(C) The land referred to as Fort Peck, Montana, consisting of
571 acres, more or less, as depicted on drawing numbered
MFP118-2E1, dated October 15, 1981, on file in the office of the
district engineer, United States Army Engineer District, Omaha,
Nebraska (other than lands used by the Western Reserve Area Power
Administration of the Department of Energy).
(2)(A) The provisions of paragraph (1) shall not require the
Secretary of the Army to transfer any rights, title, or interests of the
United States in any lands, or any improvements on lands, that the
Secretary of the Army determines must be retained by the United States
in order to enable the United States Army Corps of Engineers to carry
out the duties and responsibilities of the United States Army Corps of
Engineers.
(B) Any determination made under subparagraph (A) with respect to any
land which (but for subparagraph (A)) would be transferred to a
municipal corporation pursuant to the provisions of paragraph (1) shall
be made by the date that is 30 days after the later of --
(i) date on which such municipal corporation is incorporated,
or
(ii) the date of enactment of this Act.
Such determinations shall be published in the Federal Register.
(b) None of the lands described in subsection (a) (including
improvements on such lands) may be declared to be excess property
(within the meaning of section 3(e) of the Federal Property and
Administrative Services Act of 1949). "40 USC 472"
(c) Notwithstanding any other provision of law, no limitations or
restrictions (other than those which arise from rights described in
subsection (d)) shall apply to the use or disposition of any land
(including any improvements on such land) transferred to a municipal
corporation pursuant to the provisions of subsection (a).
(d) Nothing herein shall deprive any person (other than the United
States) of any right-of-way, mining claim, grazing permit, water right,
or other right or interest such person may have in any land transferred
pursuant to the provisions of subsection (a).
(e) Upon the request of any municipal corporation described in
subsection (a) the Secretary of the Army shall provide assistance to
such municipal corporation --
(1) in appraising the land and improvements transferred to such
municipal corporation pursuant to the provisions of subsection
(a), and
(2) in completing any subsequent transfers of such lands or
improvements by such municipal corporation.
(f) Upon the request of any municipal corporation described in
subsection (a), the Secretary of the Army shall enter into an agreement
with such municipal corporation under which --
(1) the Secretary of the Army will provide maintenance and
operational services with respect to the land and improvements
transferred to such municipal corporation pursuant to the
provisions of subsection (a) after the date of such transfer for a
period which is not to exceed 3 years, and
(2) such municipal corporation will reimburse the Secretary of
the Army for the expenses incurred by the Secretary of the Army
after the date of such transfer in providing such services.
The Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to construct, operate, and maintain a sediment
retention structure near the confluence of the Toutle and Green Rivers,
Washington, with such design features and associated downstream actions
as are necessary, in accordance with the Feasibility Report of the Chief
of Engineers dated December 1984. The total non-Federal contribution
toward payment of project costs shall be as set forth in such report.
The Corps of Engineers is authorized and directed to initiate
Continuation of Planning and Engineering for the Virginia Beach,
Virginia beach erosion and hurricane protection project, using available
funds.
From funds available to the Corps of Engineers such sums as may be
required shall be made available to complete the recreation facilities
on the northern part of the Tennessee-Tombigbee navigation project as
described in volume 2, appendix D of the Final Supplement to the
Environmental Impact Statement provided to the Environmental Protection
Agency and the United States District Court but under the same terms and
conditions as those initiated prior to fiscal year 1983.
From Construction, General funds heretofore or herein appropriated,
the Secretary of the Army, acting through the Chief of Engineers, shall
pay the judgment and any associated interest, resulting from the
decision of the Engineer Board of Contract Appeals in ENG BCA Docket
Number 4815 (April 16, 1985), notwithstanding the limitation on
allotment of section 107 of the River and Harbor Act of 1960 (Public Law
No. 86-645), as amended (33 U.S.C. 577). Nothing in this provision
affects the obligations of the non-Federal sponsor to the United States
of America for the work involved.
The Secretary of the Army, acting through the Chief of Engineers, is
directed to construct the Miami Harbor, Bayfront Park, Florida project
under the authority of Public Laws 98-50 "97 Stat. 247; 98 Stat. 403"
and 98-360 except that the east-west connector, known as the promenade,
which is necessary for park development, shall be at Federal expense.
Funds appropriated to the United States Army Corps of Engineers in
the "Energy and Water Development Appropriation Act, 1985", Public Law
98-360, for the purpose of compensating certain landowners who have
experienced damages as a result of drawdown operations of the Libby Dam
in Montana shall be expended to evaluate and award compensation for
erosion or other damages of leveed and unleveed tracts of land in
Kootenai Flats, Boundary County, Idaho, resulting from power or flood
control drawdown operations at Libby Dam, Montana: Provided, That such
evaluation and compensation of claims shall be based solely on the
drawdown of water from Libby Dam for flood control, power operations, or
other authorized purposes: Provided further, That compensation paid
pursuant to this provision shall not exceed $1,500,000.
For an additional amount for the Department of the Interior, Bureau
of Reclamation, "Construction program", for the design and construction
of the Animas-La Plata Project, Colorado and New Mexico; Buffalo Bill
Dam Project, Wyoming; Boulder Canyon Project, Arizona and Nevada; and
the Headgate Rock Project, Arizona, to remain available until expended,
$14,300,000; of which $1,000,000 shall be available for transfers to
the Upper Colorado River Basin Fund as authorized by section 5 of the
Act of April 11, 1956 (43 U.S.C. 620d): Provided, That of the total
appropriated, the amount for program activities which can be financed by
the Reclamation Fund may be derived from that Fund: Provided further,
That of the total appropriated, $8,300,000 is appropriated pursuant to
the Snyder Act (25 U.S.C. 13), to be expended by the Bureau of
Reclamation for the purpose of designing and initiating construction of
the Headgate Rock Hydroelectric Project, Arizona: Provided further,
That none of the funds herein appropriated may be expended to undertake
projects except under terms and conditions acceptable to the Secretary
of the Interior as shall be set forth in binding agreements with those
non-Federal entities desiring to participate in project construction.
Each such agreement shall include a statement that the non-Federal
entities are capable of and willing to participate in project
cost-sharing and financing in accordance with terms of the agreement.
At such time as the Secretary has executed a formal binding agreement
and has determined that the non-Federal entities' financing plan
demonstrates a reasonable likelihood of the non-Federal interest's
ability to satisfy the terms and conditions of the agreement, the
Secretary shall initiate construction at a project in accordance with
such agreement: Provided further, That the funds appropriated herein
shall lapse on June 30, 1986, if the agreement required herein for that
project has not been executed.
Within available funds, the Secretary of the Interior is directed to
use $600,000 to rehabilitate the A Canal of the Klamath Project and
associated facilities in accordance with the Federal reclamation laws
for the purpose of providing flood control for adjacent lands on a
nonreimbursable basis.
The Secretary of the Interior is authorized and directed to treat all
costs associated with the enlargement of the portion of the WEB pipeline
which will carry water to the North Dakota State line at Emmons County
as nonreimbursable and to enter into such contracts, amendments to
contracts or other agreements as necessary.
Within available funds, the Secretary of the Interior is directed to
make $10,400,000 available to meet the obligations of Public Law 98-530,
"98 Stat. 2698" dated October 19, 1984, to three irrigation districts.
These funds will be used for replacement, rehabilitation, and repair of
the water delivery system within the Yuma Mesa Irrigation and Drainage
District including water pumping facilities; for on-farm and district
water conservation and drainage measures of the Yuma Mesa Irrigation and
Drainage District, the Yuma Irrigation District, and the North Gila
Valley Irrigation District; and for payment to the fund established by
the Central Arizona Water Conservation District for voluntary
acquisition or conservation of water from sources within the State of
Arizona for use in central Arizona in years when water supplies are
reduced.
In order to expedite the completion of the Hooker Dam or alternative
of the Central Arizona Project (1) the selection of the preferred site
for the Hooker Dam or alternative as authorized by section 301 of the
Colorado River Basin Project Act "43 USC 1521" shall be completed by
August 15, 1985, (2) the initial draft environmental impact statement
required for the Hooker Dam or alternative shall be completed and made
available by September 1, 1986, (3) the final environmental impact
statement for Hooker Dam or alternative shall be completed and made
available by September 1, 1987, and (4) the Secretary of the Interior
shall make a record of his decision as soon as practically possible
after the completion of the final environmental impact statement.
There is appropriated an additional $5,000,000, to remain available
until expended, for the "Tennessee Valley Authority Fund" for the
conduct of a demonstration project for the construction of a main water
transmission line.
To the extent the Federal Energy Regulatory Commission has authority
or jurisdiction under the Federal Power Act "16 USC 791a" of a
Memorandum of Understanding for the California-Oregon Transmission
Project, dated December 19, 1984 (50 F.R. 420, Jan. 3, 1985), as amended
and supplemented by the Secretary of Energy prior to enactment of this
paragraph, or of any contracts implementing such Memorandum, the Federal
Energy Regulatory Commission shall exercise such authority or
jurisdiction within 2 years after enactment of this paragraph or after
the filing of any such contract, whichever is later, and the Commission
shall adjust its procedures and practices to ensure completion of such
exercise of administrative authority or jurisdiction within such 2-year
period. Nothing in this paragraph shall be construed by the Commission
or any court as affecting, changing or limiting the authority,
jurisdiction or procedures of the Commission under the Federal Power Act
concerning rates, charges, service, facilities, classification, access
or other matters in regard to such project. Consistent with the
provisions of Public Law 98-360 "98 Stat. 403" which authorized the
Secretary of Energy to construct or participate in the construction of
such project for the benefit of electric consumers of the Pacific
Northwest and California and obtain compensation from non-Federal
participants in such project, sufficient capacity shall be reserved, as
recognized in such Memorandum, to serve the needs of the Department of
Energy laboratories and wildlife refuges in California. The Secretary
of Energy and the Federal Energy Regulatory Commission shall keep the
Committee on Energy and Commerce and the Committee on Interior and
Insular Affairs of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate fully and currently informed
concerning the project, any changes in such Memorandum of Understanding
(as so amended and supplemented), the implementing contracts,
compensation, reserved capacity for such laboratories or refuges,
actions under the Federal Power Act, and any related matters. Nothing
in this Act or in the Memorandum shall in anyway affect, modify, change,
or expand the authorities or policies of the Bonneville Power
Administration under existing law regarding wholesale power rates,
transmission rates, or transmission access.
The line constructed pursuant to the Memorandum is hereby named "The
Harold T. (Bizz) Johnson California-Pacific Northwest Intertie line".
For carrying out activities authorized by title II of Public Law
93-410 "30 USC 1141" the Department of Energy is authorized to transfer
no more than $15,000,000 to the Geothermal Resources Development Fund
from unobligated balances within the Uranium Supply and Enrichment
Activities account: Provided, That such transfer shall be reported
promptly to the Committees on Appropriations of the House and Senate.
The amount authorized to be transferred by this provision is in addition
to the authority provided in sections 302 and 307 of Public Law 98-360.
"98 Stat. 417, 418"
Of available funds under this head, $8,280,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
share of the paid-in portion of the increased capital stock, as
authorized by the International Financial Institutions Act, "91 Stat.
1067" $30,000,925 for the General Capital Increase, as authorized by
section 39 of the Bretton Woods Agreements Act, "22 USC 286e-1h" to
remain available until expended.
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable portion of the United States share of
increases in capital stock in an amount not to exceed $370,023,735.
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the replenishment of the
resources of the Fund for Special Operations, $72,500,000 to remain
available until expended; $3,000,000 for the United States share of the
capital for the Inter-American Investment Corporation to remain
available until expended; and $40,001,171 for the United States share
of the increase in paid-in capital stock of the bank to remain available
until expended.
The United States Governor of the Inter-American Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such increase in capital stock in an
amount not to exceed $849,000,244.
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States contribution to the increase in resources
of the Asian Development Fund, $91,232,340 to remain available until
expended.
For an additional amount for "International Organizations and
Programs", $3,600,000 to be derived by transfer from the "Economic
Support Fund" for Lebanon as provided in Public Law 98-63: "97 Stat.
301" Provided, That these funds shall be available only for the
International Atomic Energy Agency: Provided further, That no funds
shall be obligated after the date of enactment of this Act for the
International Atomic Energy Agency unless the Secretary of State
determines and so reports to the Committees on Appropriations that
Israel is not being denied its right to fully participate in the
activities of that Agency, including the rights, privileges or benefits
that that Agency accords to all of its members.
The Foreign Assistance and Related Programs Appropriations Act of
1985, "98 Stat. 1887" as enacted in Public Law 98-473, is amended by
adding at the end of the paragraph entitled "Population Development
Assistance":
None of the funds made available in this bill nor any unobligated
balances from prior appropriations may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization.
For an additional amount for "Payment to the Foreign Service
Retirement and Disability Fund", $1,302,000.
For an additional amount for the "Economic Support Fund",
$2,258,000,000: Provided, That of the funds provided by this paragraph
$250,000,000 shall be made available, and shall remain available for
obligation for Jordan until September 30, 1987, only in accordance with
the schedule of availability set forth in section 402(a)(1) and section
402(a)(2) of this Act: Provided further, That of the funds provided in
this paragraph for Jordan, not more than 33 1/3 percent may be disbursed
before September 30, 1985; not more than 50 percent may be disbursed
before March 31, 1986; not more than 66 2/3 percent may be disbursed
before September 30, 1986; and, not more than 85 percent may be
disbursed before March 31, 1987: Provided further, That notwithstanding
any other provision of law, funds provided in this Act for Jordan, if
not utilized for programs, projects, or other activities in Jordan, must
be returned to the United States Treasury: Provided further, That of
the funds provided by this paragraph $1,500,000,000 shall be available
for Israel; $500,000,000 shall be available for Egypt; and, $8,000,000
shall be available for the Middle East Regional Program: Provided
further, That funds provided by this paragraph shall be made available
notwithstanding section 10 of Public Law 91-672: "22 USC 2412" Provided
further, That the funds provided by this paragraph for Israel and Egypt
shall be made available as cash grant transfers: Provided further, That
not less than the Egyptian pound equivalent of $50,000,000 generated
from funds made available by this paragraph, or from any other source,
shall be deposited into the Trust Funds established by the Trust Account
Agreement of 1980 to be used for United States' supported programs in
Egypt pursuant to the United States-Egypt Economic, Technical and
Related Assistance Agreements of 1978 which provides for local currency
requirements for programs of the United States in Egypt to be made
available to the United States in the manner requested by the
Government: Provided further, That prior to depositing funds into the
Trust Fund, the Secretary of State shall notify the Appropriations
Committees of both Houses of the Congress fifteen days in advance as to
how the endowment is to be managed, where the funds will be deposited,
the interest rate to be secured, and the procedures to be used in
establishing, operating, and disbursing endowment funds: Provided
further, That the funds provided by this paragraph shall be available
for obligation until September 30, 1986.
The Congress disapproves the proposed deferral D85-40 relating to the
African Development Foundation, as set forth in the message of February
6, 1985, which was transmitted to the Congress by the President. The
disapproval shall be effective upon enactment into law of this bill and
the amount of the proposed deferral disapproved herein shall be
available for obligation.
For an additional amount for humanitarian assistance provided to such
department or agency of the United States as the President shall
designate, except the Central Intelligence Agency or the Department of
Defense, to the Nicaraguan democratic resistance, $27,000,000 to remain
available for obligation until March 31, 1986. Notwithstanding the
Impoundment Control Act of 1974, "2 USC 621 note" one-third of the
amount appropriated by this paragraph shall be available for obligation
upon the enactment of this Act, an additional one-third shall be
available for obligation upon submission of the first report required by
section 104 of this chapter, and the remaining one-third shall be
available for obligation upon submission of the second such report. As
used in this paragraph, the term "humanitarian assistance" means the
provision of food, clothing, medicine, and other humanitarian
assistance, and it does not include the provision of weapons, weapons
systems, ammunition, or other equipment, vehicles or material which can
be used to inflict serious bodily harm or death.
For payment by the Secretary of State for the expenses arising from
implementation by the Contadora nations (Mexico, Panama, Colombia, and
Venezuela) of an agreement among the countries of Central America based
on the Contadora Document of Objectives of September 9, 1983, including
peacekeeping, verification, and monitoring systems, $2,000,000, to
remain available until expended.
SEC. 101. Funds appropriated by this chapter under the headings
"HUMANITARIAN ASSISTANCE FOR NICARAGUAN DEMOCRATIC RESISTANCE" and
"ASSISTANCE FOR IMPLEMENTATION OF A CONTADORA AGREEMENT" may be
obligated and expended notwithstanding section 10 of Public Law 91-672
"22 USC 2412" and section 15 of the State Department Basic Authorities
Act of 1956 "22 USC 2680" or any other comparable provisions of law.
SEC. 102. (a) The prohibitions contained in section 8066(a) of the
Department of Defense Appropriations Act, 1985 (as contained in section
101 of Public Law 98-473 "98 Stat. 1935" and section 801 of the
Intelligence Authorization Act "98 Stat. 3304" for Fiscal Year 1985
(Public Law 98-618) shall, without limitation as to fiscal year, apply
with respect to funds appropriated by this chapter under the headings
"HUMANITARIAN ASSISTANCE FOR NICARAGUAN DEMOCRATIC RESISTANCE" and
"ASSISTANCE FOR IMPLEMENTATION OF A CONTADORA AGREEMENT"
(b) Nothing in this Act, section 8066(a) of the Department of Defense
Appropriations Act, 1985 (as contained in section 101 of Public Law
98-473), or section 801 of the Intelligence Authorization Act for Fiscal
Year 1985 (Public Law 98-618) shall be construed to prohibit the United
States Government from exchanging information with the Nicaraguan
democratic resistance, or the obligation and expenditure, but only for
the purposes for which they are expressly made available, of the funds
appropriated by this chapter under the headings "HUMANITARIAN ASSISTANCE
FOR NICARAGUAN DEMOCRATIC RESISTANCE" and "ASSISTANCE FOR IMPLEMENTATION
OF A CONTADORA AGREEMENT".
SEC. 103. The President is urged --
(1) to vigorously pursue the use of diplomatic and economic
steps to resolve the conflict in Nicaragua, including negotiations
to --
(A) implement the Contadora Document of Objectives of September
9, 1983; and
(B) at the same time, develop trade and economic measures in
close consultation and cooperation with other nations which will
encourage the Government of Nicaragua to take the necessary steps
to resolve the conflict;
(2) to suspend military maneuvers in Honduras and off
Nicaragua's coast, and to lift the embargo on trade with
Nicaragua, if the Government of Nicaragua agrees to a cease-fire,
to open a dialog with the Nicaraguan democratic resistance and to
suspend the state of emergency; and
(3) to resume bilateral discussions with the Government of
Nicaragua with a view of encouraging --
(A) a church-mediated dialog between the Government of
Nicaragua and the Nicaraguan democratic resistance in support of
internal reconciliation, as called for by the Contadora Document
of Objectives; and
(B) a comprehensive, verifiable agreement among the nations of
Central America, based on the Contadora Document of Objectives.
SEC. 104. (a) The President shall submit a report to the Congress
every 90 days on the activities carried out in accordance with section
103 and on the assistance provided under the paragraphs of this chapter
headed "HUMANITARIAN ASSISTANCE FOR NICARAGUAN DEMOCRATIC RESISTANCE"
and "ASSISTANCE FOR IMPLEMENTATION OF A CONTRADORA AGREEMENT". Such
reports shall describe the willingness of the Nicaraguan democratic
resistance and the Government of Nicaragua to negotiate and the progress
of efforts to achieve the objectives set out in paragraph (3) of section
103 and shall provide a detailed accounting of the disbursement of any
such assistance.
(b) As part of each of the reports submitted pursuant to subsection
(a), the President shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives, and to the Select
Committee on Intelligence of the Senate, a report on alleged human
rights violations by the Nicaraguan democratic resistance and the
Government of Nicaragua. With respect to the alleged violations the
report shall include information on who is responsible for such human
rights violations.
SEC. 105. (a) SUBMISSION OF REQUEST. -- If the President determines
at any time after the enactment of this Act that --
(1) negotiations based on the Contadora Document of Objectives
of September 9, 1983, have produced an agreement, or show promise
of producing an agreement; or
(2) other trade and economic measures will assist in a
resolution of the conflict, or to stabilization in the region;
the President may submit to the Congress a request for budget and
other authority to provide additional assistance for the furtherance of
the Central America peace process.
(b) STATEMENT TO BE INCLUDED. -- The President's request shall
include a detailed statement as to progress made to resolve the conflict
in the region.
(c) CONSULTATION WITH THE CONGRESS. -- In formulating a request
pursuant to subsection (a), the President shall consult with the
Congress.
(d) CONGRESSIONAL ACTION. -- (1) The provisions of this subsection
apply, during the Ninety-ninth Congress, to the consideration in the
House of Representatives of a joint resolution with respect to the
request submitted by the President pursuant to subsection (a).
(2) For purposes of this subsection, the term "joint resolution"
means only a joint resolution introduced within 3 legislative days after
the Congress receives the request submitted by the President pursuant to
subsection (a) --
(A) the matter after the resolving clause of which is as
follows: "That the Congress hereby approves the additional
authority and assistance for the Central America peace process
that the President requested pursuant to the Supplemental
Appropriations Act, 1985, notwithstanding section 10 of Public Law
91-672."; "22 USC 2412"
(B) which does not have a preamble; and
(C) the title of which is as follows: "Joint resolution
relating to Central America pursuant to the Supplemental
Appropriations Act, 1985.".
(3) A joint resolution shall, upon introduction, be referred to the
appropriate committee or committees of the House of Representatives.
(4) If all the committees of the House to which a joint resolution
has been referred have not reported the same joint resolution by the end
of 15 legislative days after the first joint resolution was introduced,
any committee which has not reported the first joint resolution
introduced shall be discharged from further consideration of that joint
resolution and that joint resolution shall be placed on the appropriate
calendar of the House.
(5)(A) At any time after the first joint resolution placed on the
appropriate calendar has been on that calendar for a period of 5
legislative days, it is in order for any Member of the House (after
consultation with the Speaker as to the most appropriate time for the
consideration of that joint resolution) to move that the House resolve
itself into the Committee of the Whole House on the State of the Union
for the consideration of that joint resolution. The motion is highly
privileged and is in order even though a previous motion to the same
effect has been disagreed to. All points of order against the joint
resolution under clauses 2 and 6 of rule XXI of the Rules of the House
are waived. If the motion is agreed to, the resolution shall remain the
unfinished business of the House until disposed of. A motion to
reconsider the vote by which the motion is disagreed to shall not be in
order.
(B) Debate on the joint resolution shall not exceed 10 hours, which
shall be divided equally between a Member favoring and a Member opposing
the joint resolution. A motion to limit debate is in order at any time
in the House or in the Committee of the Whole and is not debatable.
(C) An amendment to the joint resolution is not in order.
(D) At the conclusion of the debate on the joint resolution, the
Committee of the Whole shall rise and report the joint resolution back
to the House, and the provious question shall be considered as ordered
on the joint resolution to final passage without intervening motion.
(6) As used in this subsection, the term "legislative day" means a
day on which the House is in session.
(7) This subsection is enacted --
(A) as an exercise of the rulemaking power of the House of
Representatives, and as such it is deemed a part of the Rules of
the House, but applicable only with respect to the procedure to be
followed in the House in the case of a joint resolution, and it
supersedes other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional right of the
House to change its rules at any time, in the same manner, and to
the same extent as in the case of any other rule of the House, and
of the right of the Committee on Rules to report a resolution for
the consideration of any measure.
SEC. 106. (a) SUBMISSION OF REQUEST. -- If the President determines
at any time after the enactment of this Act that --
(1) negotiations based on the Contadora Document of Objectives
of September 9, 1983, have failed to produce an agreement; or
(2) other trade and economic measures have failed to resolve
the conflict;
the President may submit to the Congress a request for budget and
other authority to provide additional assistance for the Nicaraguan
democratic resistance.
(b) STATEMENT TO BE INCLUDED. -- The President's request shall
include a detailed statement as to why the negotiations or other
measures have failed to resolve the conflict in the region.
(c) CONSULTATION WITH THE CONGRESS. -- In formulating a request
pursuant to subsection (a), the President shall consult with the
Congress.
(d) CONGRESSIONAL ACTION. -- (1) The provisions of this subsection
apply, during the Ninety-ninth Congress, to the consideration in the
House of Representatives of a joint resolution with respect to the
request submitted by the President pursuant to subsection (a).
(2) For purposes of this subsection, the term "joint resolution"
means only a joint resolution introduced within 3 legislative days after
the Congress receives the request submitted by the President pursuant to
subsection (a) --
(A) the matter after the resolving clause of which is as
follows: "That the Congress hereby approves the additional
authority and assistance for the Nicaraguan democratic resistance
that the President requested pursuant to the Supplemental
Appropriations Act, "22 USC 2412" 1985, notwithstanding section 10
of Public Law 91-672.";
(B) which does not have a preamble; and
(C) the title of which is as follows: "Joint resolution
relating to Central America pursuant to the Supplemental
Appropriations Act, 1985.".
(3) A joint resolution shall, upon introduction, be referred to the
appropriate committee or committees of the House of Representatives.
(4) If all the committees of the House to which a joint resolution
has been referred have not reported the same joint resolution by the end
of 15 legislative days after the first joint resolution was introduced,
any committee which has not reported the first joint resolution
introduced shall be discharged from further consideration of that joint
resolution and that joint resolution shall be placed on the appropriate
calendar of the House.
(5)(A) At any time after the first joint resolution placed on the
appropriate calendar has been on that calendar for a period of 5
legislative days, it is in order for any Member of the House (after
consultation with the Speaker as to the most appropriate time for the
consideration of that joint resolution) to move that the House resolve
itself into the Committee of the Whole House on the State of the Union
for the consideration of that joint resolution. The motion is highly
privileged and is in order even though a previous motion to the same
effect has been disagreed to. All points of order against the joint
resolution under clauses 2 and 6 of rule XXI of the Rules of the House
are waived. If the motion is agreed to, the resolution shall remain the
unfinished business of the House until disposed of. A motion to
reconsider the vote by which the motion is disagreed to shall not be in
order.
(B) Debate on the joint resolution shall not exceed 10 hours, which
shall be divided equally between a Member favoring and a Member opposing
the joint resolution. A motion to limit debate is in order at any time
in the House or in the Committee of the Whole and is not debatable.
(C) An amendment to the joint resolution is not in order.
(D) At the conclusion of the debate on the joint resolution, the
Committee of the Whole shall rise and report the joint resolution back
to the House, and the previous question shall be considered as ordered
on the joint resolution to final passage without intervening motion.
(6) As used in this subsection, the term "legislative day" means a
day on which the House is in session.
(7) This subsection is enacted --
(A) as an exercise of the rulemaking power of the House of
Representatives, and as such it is deemed a part of the Rules of
the House, but applicable only with respect to the procedure to be
followed in the House in the case of a joint resolution, and it
supersedes other rules only to the extent that it is inconsistent
with such rules; and
(B) with full recognition of the constitutional right of the
House to change its rules at any time, in the same manner, and to
the same extent as in the case of any other Rule of the House, and
of the right of the Committee on Rules to report a resolution for
the consideration of any measure.
For an additional amount for "Migration and refugee assistance",
$12,500,000 to be derived by transfer from the "Economic Support Fund"
for Lebanon as provided in Public Law 98-63: "97 Stat. 301" Provided,
That this amount shall be available only for Soviet, Eastern European
and other refugees resettling in Israel.
SEC. 501. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, "22 USC 262k note" the Inter-American
Development Bank, the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the African Development
Bank, and the African Development Fund to use the voice and vote of the
United States to oppose any assistance by these institutions, using
funds appropriated or made available pursuant to this Act or any other
Act, for the production of any copper commodity for export or for the
financing of the expansion, improvement, or modernization of copper
mining, smelting, and refining capacity.
SEC. 502. "22 USC 262k" (a) United States active participation in
international financial institution activity is based on our national
objective of furthering the economic and social development of the
nations of the world, in particular the developing nations. The
attainment of this national objective is most effectively realized
through a world economic and financial system which is both free and
stable. Therefore, it is the intent of the United States Congress that
United States financial assistance to the international financial
institutions should be primarily directed to those projects that would
not generate excess commodity supplies in world markets, displace
private investment initiatives or foster departures from a
market-oriented economy.
(b) The Secretary of the Treasury shall instruct the representatives
of the United States to the international financial institutions
described in subsection (d) to take into account in their review of
loans, credits, or other utilization of the resources of their
respective institutions, the effect that country adjustment programs
would have upon individual industry sectors and international commodity
markets in order to --
(1) minimize any projected adverse impacts on such sector or
markets of making such loans, credits, or utilization of
resources; and
(2) avoid whenever possible government subsidization of
production and exports of international commodities without regard
to economic conditions in the markets for such commodities.
(c) More specifically, the following criteria should be considered as
a basis for a vote by the respective United States Executive Director to
each of the international financial institutions described in subsection
(d) against a project proposal involving the creation of new capacity or
the expansion, improvement, or modification of mining, smelting,
refining, and fabricating of minerals and metal products:
(1) Analysis shows that the risks, returns, and incentives of a
project are such that it could be financed at reasonable terms by
commercial lending services.
(2) Analysis by the Bureau of Mines indicates that surplus
capacity in the industry for the primary product of the defined
project would exist over half the period of the economic life of
the project because of projected world demand and capacity
conditions.
(3) United States imports of the commodity constitute less than
50 percent of the domestic production of the primary product in
those cases where the United States is the substantial producer of
such commodities.
(d) The international financial institutions referred to in
subsections (a) and (b) are the International Monetary Fund, the
International Bank for Reconstruction and Development, the International
Development Association, the Inter-American Development Bank, the Asian
Development Bank, and the African Development Bank.
The limitation otherwise applicable to the maximum payments that may
be required in any fiscal year by all contracts entered into under
section 236 of the National Housing Act (12 U.S.C. 1715z-1), is further
reduced in fiscal year 1985 by not more than $23,367,000 in uncommitted
balances of authorizations provided for this purpose in appropriation
Acts.
Any balances of appropriations under this heading in the Department
of Housing and Urban Development-Independent Agencies Appropriation Act,
1985 (Public Law 98-371) "98 Stat. 1213" shall, notwithstanding the
provisions of section 9(d) of the United States Housing Act of 1937 (42
U.S.C. 1437g), remain available for obligation for the fiscal year
ending September 30, 1986, and shall be used by the Secretary for fiscal
year 1986 requirements in accordance with section 9(a) of such Act, as
amended.
Language under this heading in the Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1985 (Public Law
98-371), "98 Stat. 1219" is amended by striking out the first colon and
all that follows and inserting in lieu thereof a period.
For an additional amount for "Salaries and expenses", $4,000,000, to
be derived by transfer from the various funds of the Federal Housing
Administration.
Of available funds under this head, $6,919,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Notwithstanding section 409 of the Department of Housing and Urban
Development -- Independent Agencies Appropriation Act, 1985 (Public Law
98-371), "98 Stat. 1237" the funds appropriated to the American Battle
Monuments Commission for salaries and personnel benefits for the fiscal
year ending September 30, 1985, shall be available for the other
services and equipment object classifications in an amount not to exceed
$1,000,000.
For an additional amount for "Salaries and expenses", $500,000, to
remain available until September 30, 1986: Provided, That these funds
shall be available only for activities authorized by the Cigarette
Safety Act of 1984 "98 Stat. 2925" (Public Law 98-567). "15 USC 2054
note"
For an additional amount for "Salaries and expenses", $4,000,000.
Of available funds under this head, $4,125,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Abatement, control, and compliance",
$20,000,000, to remain available until September 30, 1986.
For an additional amount for "Buildings and facilities", $500,000, to
remain available until expended: Provided, That none of these funds may
be obligated until the completion of a feasibility study by the
Environmental Protection Agency to determine the most cost-effective way
to house the research program at Newport, Oregon.
Language under this heading in Public Law 98-396 "98 Stat. 1381" is
amended by deleting "an operable sewage treatment facility at or
adjacent to San Diego, California for the purpose only of intercepting
and treating" and inserting in lieu thereof "a treatment works to
address".
For an additional amount for "Office of Science and Technology
Policy", $120,000.
There is hereby appropriated $20,000,000 to the Federal Emergency
Management Agency, to remain available until September 30, 1986, to
carry out an emergency food and shelter program. Notwithstanding any
other provision of this or any other Act, such amount shall be made
available under the terms and conditions of the following paragraphs:
The Director of the Federal Emergency Management Agency shall, as
soon as practicable after enactment of this Act, constitute a national
board for the purpose of determining how the program funds are to be
distributed to individual localities. The national board shall consist
of seven members. The United Way of America, the Salvation Army, the
National Council of Churches of Christ in the U.S.A., the National
Conference of Catholic Charities, the Council of Jewish Federations,
Inc., the American Red Cross, and the Federal Emergency Management
Agency shall each designate a representative to sit on the national
board. The representative of the Federal Emergency Management Agency
shall chair the national board.
Each locality designated by the national board to receive funds shall
constitute a local board for the purpose of determining how its funds
will be distributed. The local board shall consist, to the extent
practicable, of representatives of the same organizations as the
national board except that the mayor or appropriate head of government
will replace the Federal Emergency Management Agency member.
The Director of the Federal Emergency Management Agency shall award a
grant for $20,000,000 to the national board within thirty days after
enactment of this Act for the purpose of providing emergency food and
shelter to needy individuals through private voluntary organizations and
through units of local government.
Eligible private voluntary organizations shall be non-profit, have a
voluntary board, have an accounting system, and practice
nondiscrimination.
Participation in the program should be based upon a private voluntary
organization's or unit of local government's ability to deliver
emergency food and shelter to needy individuals and such other factors
as are determined by the local boards.
Total administrative costs shall not exceed 2 per centum of the total
appropriation.
As authorized by the charter of the Commodity Credit Corporation, the
Corporation shall process and distribute surplus food owned or to be
purchased by the Corporation under the food distribution and emergency
shelter program in cooperation with the Federal Emergency Management
Agency.
The Director of the Federal Emergency Management Agency shall review
the reported condition of the "street people" and other disadvantaged
people in cities and countries throughout the Nation, including those
reported in Tunica County, Mississippi, and report to the House and
Senate Committees on Appropriations his recommendations for correcting
or improving the situation which exists.
For an additional amount for "Salaries and expenses", $1,105,000 to
be derived by transfer from "Emergency management planning and
assistance".
Of available funds under this head, $786,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head, $1,287,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $63,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
Language under this heading in the Department of Housing and Urban
Development-Independent Agencies Appropriation Act, 1985 (Public Law
98-371), "98 Stat. 1225" is amended by deleting "including $155,500,000
for a space station, of which $5,550,000 shall be made available from
prior year appropriations: Provided," and inserting in lieu thereof
"including $150,000,000 for space station, to be combined with
$5,500,000 to be made available from prior year appropriations for a
total of $155,500,000: Provided, That the $5,500,000 so identified
shall be in addition to $2,422,600,000 appropriated for Research and
Development for fiscal year 1985: Provided further,".
For an additional amount for "Research and development", $40,000,000,
to remain available until September 30, 1986: Provided, That this
amount shall be deferred and shall not become available until March 1,
1986.
Of available funds under this head, $6,000,000 are rescinded, of
which $4,000,000 are rescinded pursuant to section 2901 of the Deficit
Reduction Act of 1984.
For an additional amount for "Research and related activities",
$100,000, to remain available until September 30, 1986.
Of available funds under this head, $1,000,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $100,000, of which $90,000 are
rescinded pursuant to section 2901 of the Deficit Reduction Act of 1984.
"98 Stat. 1207"
For an additional amount for "Compensation and pensions",
$175,000,000, to remain available until expended.
Of available funds under this head, $3,520,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $2,109,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $377,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Management of lands and resources",
$115,500,000.
Of available funds under this head, $2,900,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Construction and access", $825,000, to
remain available until expended, of which not to exceed $20,000 shall be
available to pave the street and to build the sidewalk and curb in front
of the Bureau of Land Management district office in Worland, Wyoming.
Of available funds under this head, $350,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head, $2,951,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Resource management", $1,200,000.
Of available funds under this head, $1,900,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $40,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Land acquisition", $1,000,000, to be
derived from the Land and Water Conservation Fund, to remain available
until expended.
For an additional amount for "Operation of the national park system",
$9,560,000.
Of available funds under this head, $4,300,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $397,000,000 are rescinded
pursuant to section 2901 of the Deficit Reduction Act of 1984.
The contract authority provided for fiscal year 1985 by 16 U.S.C.
4601-10a "16 USC 4601-10a" is rescinded.
For an additional amount for "Land acquisition and State assistance",
$22,000,000, to be derived from the Land and Water Conservation Fund, to
remain available until expended.
Of available funds under this head, $52,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
The Congress disapproves the proposed deferral D85-45 relating to the
Department of the Interior, National Park Service, "Construction (Trust
fund)", as set forth in the message of February 6, 1985, as amended,
which was transmitted to the Congress by the President. The disapproval
shall be effective upon enactment into law of this bill and the amount
of the proposed deferral disapproved herein shall be made available for
obligation: Provided, That notwithstanding subsection (b) of section
160 of the Act of August 13, 1973 (Public Law 93-87), "87 Stat. 278"
funds hereafter appropriated for the Cumberland Gap National Park shall
be available for operation and maintenance of the Cumberland Gap tunnel
and access roads only as provided for in a memorandum of understanding
to be negotiated between the Secretary and the Governors of the States
of Kentucky and Tennessee.
Of available funds under this head, $1,269,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $1,764,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Notwithstanding any other provision of law, in fiscal year 1985
moneys received from sales, bonuses, royalties (including interest
charges collected under the Federal Oil and Gas Royalty Management Act
of 1982, "30 USC 1701 note" and rentals of the public lands under the
provisions of the Mineral Lands Leasing Act of 1920, "30 USC 181 note"
as amended, and the Geothermal Steam Act of 1970, "30 USC 1001 note"
which are not payable to a State or to the Reclamation Fund, shall be
available for the payment of interest in accordance with 30 U.S.C.
1721(b) and (d), prior to the crediting of such funds to miscellaneous
receipts of the Treasury.
Of the funds appropriated and remaining available until expended
under this head in the Act making continuing appropriations for the
fiscal year 1985, and for other purposes (Public Law 98-473), "98 Stat.
1837" $1,355,000 shall not become available for obligation until October
1, 1985.
For an additional amount for "Regulation and technology", $4,800,000.
Of the funds appropriated under this head in the Act making
continuing appropriations for the fiscal year 1985, and for other
purposes (Public Law 98-473), $3,233,000 shall not become available for
obligation until October 1, 1985.
For an additional amount for "Operation of Indian programs",
$23,423,000, and $4,900,000 which shall be derived by transfer from
National Park Service, "National capital region arts and cultural
affairs", such transferred funds to remain available for expenditure
until September 30, 1986: Provided, That $8,700,000 shall be used by
the Secretary to reduce the amount of unpaid principal on loans to the
Navajo Agricultural Products Industry (NAPI) guaranteed under the Indian
Financing Act of 1974, "25 USC 1451 note" as amended (88 Stat. 77; 25
U.S.C. 1401 et seq.): Provided further, That NAPI is discharged from
the obligation to pay any unpaid interest accruing before January 1,
1991, on loans by the Secretary to NAPI under that Act: Provided
further, That no funds shall be paid to creditors of the Sangre de
Cristo Development Company, Inc., whose claims are set aside by the
United States Bankruptcy Court for the District of New Mexico: Provided
further, "25 USC 13d-1" That general assistance payments made by the
Bureau of Indian Affairs after April 29, 1985, shall be made on the
basis of Aid to Families with Dependent Children (AFDC) standards of
need except where a State ratably reduces AFDC payments in which event
the Bureau shall reduce general assistance payments in such State by the
same percentage as the State has reduced the AFDC payment.
Of available funds under this head, $2,800,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
The Congress disapproves the proposed deferral D85-33 relating to the
Department of the Interior, Bureau of Indian Affairs, "Construction", as
set forth in the message of November 29, 1984, as amended, which was
transmitted to the Congress by the President. The disapproval shall be
effective upon enactment into law of this bill and the amount of the
proposed deferral disapproved herein shall be made available for
obligation.
Of the funds appropriated under this head in Public Law 98-8, "97
Stat. 13" $3,000,000 shall not become available for obligation until
October 1, 1985.
For an additional amount for "Utah Paiute trust fund", $50,000.
For an additional amount for "Administration of territories",
$1,994,000, to remain available until expended.
Of available funds under this head, $107,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $462,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $232,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "National forest system", $61,247,000.
Of available funds under this head, $6,067,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Construction", $1,568,000, to remain
available until expended.
Of available funds under this head, $961,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Land acquisition", $7,000,000, to be
derived from the Land and Water Conservation Fund, to remain available
until expended.
Of available funds under this head, $68,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
To assure that National Forest timber under contract from the
Mapleton District of the Siuslaw National Forest prior to enactment of
the Federal Timber Contract Payment Modification Act "98 Stat. 2213"
remains available, the Secretary of, Agriculture is authorized to resell
all timber which is defaulted or which is returned under provisions of
the Federal Timber Contract Payment Modification Act "16 USC 618 note"
and permit roads and other associated developments, notwithstanding any
other provision of law, and notwithstanding the injunctions issued in
National Wildlife Federation et al. v. United States Forest Service et
al., 592 F. Supp. 931 (D. ORE. 1984) and in No. 84-4274 (9th Cir., March
6, 1985). Any such timber shall be available for resale from the date
of enactment of this Act until dissolution of the aforesaid injunctions.
The Secretary shall determine the potential environmental degradation
to streams or other bodies of water of timber sales returned pursuant to
the Federal Timber Contract Payment Modification Act and shall
characterize each sale's potential environmental impact as minimal,
moderate, or serious. The Secretary shall give resale priority to those
sales with the least risk of potential environmental degradation. Sales
that are reoffered may be modified, including minor additions. Any
decision of the Secretary of Agriculture to resell such timber shall not
be subject to judicial review.
Notwithstanding any other provision of law, the Forest Service shall
continue to operate Equipment Development Facilities in San Dimas,
California, and in Missoula, Montana, at least through the end of fiscal
year 1986, and funds and personnel to operate these facilities in fiscal
years 1985 and 1986 shall not be reduced by more than 10 percent from
currently appropriated levels.
The Congress disapproves $39,154,000 of the proposed deferral D85-27A
relating to the Department of Energy, "Fossil energy research and
development", as set forth in the message of February 6, 1985, as
amended, which was transmitted to the Congress by the President. The
disapproval shall be effective upon enactment into law of this bill and
the amount of the proposed deferral disapproved herein shall be made
available for obligation.
Of the funds available for obligation under this head, $1,600,000
shall not be available for obligation until October 1, 1985.
Of the funds available for obligation under this head, $860,000 shall
not become available for obligation until October 1, 1985.
Of the funds appropriated under this head in the Act making
continuing appropriations for the fiscal year 1985, and for other
purposes (Public Law 98-473), "98 Stat. 1861" $181,000 shall not become
available for obligation until October 1, 1985.
Of available funds under this head, $102,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head, $51,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
The Congress disapproves the proposed deferral D85-31A relating to
the Department of Energy, "Strategic petroleum reserve", as set forth in
the message of February 6, 1985, as amended, which was transmitted to
the Congress by the President. The disapproval shall be effective upon
enactment into law of this bill and the amount of the proposed deferral
disapproved herein shall be made available for obligation.
Of the funds appropriated under this head in the Act making
supplemental appropriations for the fiscal year 1984, and for other
purposes (Public Law 98-396), "98 Stat. 1389" $156,000 shall not become
available for obligation until October 1, 1985.
The Congress disapproves $290,070,000 of the proposed deferral D85-42
relating to the Department of Energy, "SPR petroleum account", as set
forth in the message of February 6, 1985, which was transmitted to the
Congress by the President. The disapproval shall be effective upon
enactment into law of this Act and the amount of the proposed deferral
disapproved herein shall be made available for obligation.
Notwithstanding any other provision of law, section 160(d)(1) of the
Energy Policy and Conservation Act (Public Law 94-163, "42 USC 6240" as
amended) is amended by adding a new subsection as follows:
Strike the period at the end of subsection (B) and insert the
following: "; or
"(C) the fill rate is sufficient to attain a level of
500,000,000 barrels by the end of the fiscal year during which the
fill rate falls below the rate established in (B).".
Of the funds available for obligation under this head, $23,000 shall
not become available for obligation until October 1, 1985.
Of available funds under this head, $161,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Salaries and expenses", $400,000.
Of the funds provided under this head in Public Law 98-473 "98 Stat.
1837" for the repair, renovation, and restoration program of the
original West Building, not to exceed $700,000 may be spent during the
current fiscal year for repair and renovation of the East Building.
None of the funds made available to the Department of the Interior or
the Forest Service during fiscal year 1985 by this or any other Act may
be used to implement the proposed jurisdictional interchange program.
Section 117 of Public Law 98-151 (97 Stat. 977) is amended as
follows:
(1) delete the date "December 31, 1985" and insert in lieu
thereof the following: "until future action by the Congress to
the contrary".
(2) After the words "Orange County" insert the following: ",
Rockland County, Ulster County, or Sullivan County".
(3) Delete the words "up to 150 northbound and up to 150
southbound commercial vehicles" and insert in lieu thereof the
following: "up to 125 northbound and up to 125 southbound
commercial vehicles".
Public Law 98-63 (97 Stat. 329) is amended as follows:
(1) In subsection (2) delete the numeral "10" and insert in
lieu thereof: "7".
(2) In subsection (4) delete the word "State's" and insert in
lieu thereof: "States'".
(3) In subsection (4) after the words "State of New Jersey"
insert "and the State of New York".
(4) In subsection (4) after the words "in New Jersey" insert
"and in New York".
The amount appropriated by the Department of Labor Appropriation Act,
1985 (title I, Public Law 98-619), "98 Stat. 3305" in the account
captioned "Training and Employment Services", that has been held in
reserve by reason of section 101(j) of Public Law 98-473 (98 Stat.
1963) (pertaining to section 515 of H.R. 5798), shall become available
for obligation upon the enactment of this Act, and no further amounts
shall be withheld from any account contained in such Department of Labor
Appropriation Act by reason of such section 101(j).
For an additional amount for migrant and seasonal farmworker programs
authorized by section 402 of the Job Training Partnership Act, "29 USC
1672" notwithstanding the provisions of sections 3(a)(3)(A) and 402(f)
of the Act, "29 USC 1502" $5,117,000, to be available for obligation for
the period July 1, 1985, through June 30, 1986: Provided, That funding
provided herein shall be distributed to the States so that each State's
total program year 1985 allocation is equal to its total program year
1984 allocation.
For an additional amount for "State unemployment insurance and
employment service operations", from the Employment Security
Administration Account in the Unemployment Trust Fund, $20,000,000.
Whenever funds are made available, now or hereafter, in this or any
other Act "26 USC 3304 note" for the administration of unemployment
compensation laws to meet increased costs of administration resulting
from changes in a State law or increases in the number of unemployment
insurance claims filed and claims paid or increased salary costs
resulting from changes in State salary compensation plans embracing
employees of the State generally over those upon which the State's basic
allocation was based, which cannot be provided for by normal budgetary
adjustment, amortization payments for States which had independent
retirement plans prior to 1980 in their State Employment Security
Agencies and States agencies administering the State's unemployment
compensation law may be paid from such funds.
Of available funds under this head, $5,000,000 shall remain available
for obligation until September 30, 1986, for a Center or Institute for
Nursing Research to be established under subsequent statute.
During the fiscal year 1985, new commitments to guarantee loans under
subpart I of part C of title VII of the Public Health Service Act "42
USC 294" may be made only to the extent that the total loan principal,
any part of which is to be guaranteed, shall not exceed the sum of
$250,000,000: Provided, That the foregoing limitation shall be in
addition to any uncommitted balances of loan guarantee authority
provided for any prior fiscal year which remain available for fiscal
year 1985.
For an additional amount to carry out the provisions of section 1910
of the Public Health Service Act "98 Stat. 2856" (pertaining to
Emergency Medical Services for Children), "42 USC 300w-9" $2,000,000, to
remain available for obligation until September 30, 1986.
For an additional amount for deposit in the fund established under
section 1308(e) of the Public Health Service Act, "42 USC 300e-7" to
remain available until expended, $1,720,000.
Of the funds appropriated by Public Law 98-619 "98 Stat. 3305" for
fiscal year 1985 for extramural research grants to be awarded by the
National Institutes of Health, and required to be obligated in that
fiscal year, not to exceed $20,000,000 shall remain available for
obligation until September 30, 1986: Provided, That funds appropriated
for fiscal year 1985 shall be used to support no fewer than 6,200 new
and competing research projects and 533 research centers.
For an additional amount to carry out section 502(b) of Public Law
98-558, "98 Stat. 2889" $3,000,000, to remain available until September
30, 1987.
Funds appropriated by Public Law 98-619 "98 Stat. 3305" for fiscal
year 1985 for extramural research grants to be awarded by the Alcohol,
Drug Abuse and Mental Health Administration and required to be obligated
in that fiscal year shall be used to support no fewer than 550 new and
competing research projects.
For an additional amount for "Payments to Social Security Trust
Funds", not to exceed $3,500,000,000 to carry out activities authorized
by section 217(g), to remain available until December 31, 1985.
For the "Limitation on administrative expenses", $10,000,000 for
automatic data processing and telecommunications activities shall be
derived from unobligated balances in the construction activity, to
remain available until expended.
For an additional amount for "Human development services",
$11,000,000 to remain available until September 30, 1986, of which
$6,000,000 shall be for carrying out the Family Violence Prevention and
Services Act "98 Stat. 1757" (title III of Public Law 98-457), "42 USC
10401 note" and $5,000,000 shall be for carrying out a child abuse
prevention Federal challenge grant program under sections 402 through
409 of Public Law 98-473. "98 Stat. 1837"
For an additional amount for "Family social services", $79,495,000,
for parts A and E of title IV of the Social Security Act. "42 USC 601,
670"
The Secretary of Education shall distribute funds appropriated under
title III of Public Law 98-619 "98 Stat. 3323" under the heading "School
Assistance in Federally Affected Areas" for entitlements under section 2
of the Act of September 30, 1950 (Public Law 874, "20 USC 237"
Eighty-first Congress) to local educational agencies having such
entitlements in order to assure that such agencies receive 75 percent of
the amount to which such agencies were entitled in fiscal year 1984.
The distribution required by this paragraph shall take effect 30 days
after the date of enactment of this Act.
The $61,000,000 appropriated in the Department of Education
Appropriation Act, 1985, Public Law 98-619, "98 Stat. 3321" for part D
of the Education of the Handicapped Act "20 USC 1431" shall be available
for obligation on October 1, 1984, and shall remain available until
September 30, 1985.
An amount of $500,000 to support the 1985 International Winter
Special Olympic Games shall be derived from the $14,635,000 provided for
special demonstration programs for the severely disabled, section 311 of
the Rehabilitation Act of 1973, "98 Stat. 26" in the Department of
Education Appropriation Act, 1985, "29 USC 777a" Public Law 98-619, "98
Stat. 3321" for the Rehabilitation Services and Handicapped Research
appropriation account.
For an additional amount for "Rehabilitation services and handicapped
research", for activities under section 130 of the Rehabilitation Act of
1973, "29 USC 750" $715,000.
For an additional amount to carry out the Carl D. Perkins Vocational
Education Act, "98 Stat. 2435" $100,000,000 for basic grants under title
II.
For an additional amount for carrying out section 305 of the Adult
Education Act, "20 USC 2301 note" $1,963,000 to remain available until
September 30, 1986: Provided, "98 Stat. 2450" That the amount
appropriated herein shall be used to ensure that there is allocated to
each State for school year 1985-1986 an "20 USC 2331" amount equal to
its allocation under section 305 of that Act "20 USC 1204" for the
immediately preceding school year.
Funds appropriated in Public Law 98-151 "97 Stat. 964" for carrying
out Emergency Immigrant Education Assistance under title V of H.R. 3520
as passed the House of Representatives on September 13, 1983
(subsequently enacted under Public Law 98-511), "98 Stat. 2366" shall
remain available for obligation until September 30, 1986. "20 USC 2701
note"
For an additional amount for "Student financial assistance",
$287,000,000, which shall remain available until September 30, 1986, for
carrying out subpart 1 of part A of title IV of the Higher Education
Act. "20 USC 1070a"
For an additional amount for carrying out part E of title IV of the
Higher Education Act of 1965, "20 USC 1088" $2,482,000 to be available
only for payment to any State which received in fiscal year 1985 an
amount less than the amount received in fiscal year 1984 under such part
E to assure that each such State will receive under such part E for
fiscal year 1985 an amount at least equal to the amount which that State
received under such part E in fiscal year 1984.
For an additional amount for "Guaranteed student loans",
$720,346,000, to remain available until expended.
Of the funds appropriated in 1985 for title III of the Higher
Education Act of 1965, "20 USC 1051" as amended, $15,200,000 for the
endowment grant program under section 333 "20 USC 1065a" shall remain
available until September 30, 1986.
Funds appropriated in fiscal year 1985 for part C of title IX of the
Higher Education Act of 1965, "20 USC 1134h" relating to the National
Graduate Fellows Program, shall remain available until December 31,
1985.
The Congress disapproves the proposed deferral D85-39, pertaining to
the United States Institute of Peace, as set forth in the message of
January 4, 1985, which was transmitted to the Congress by the President.
This disapproval shall be effective upon enactment into law of this Act
and the amount of the proposed deferral disapproved herein shall be made
available for obligation.
The Congress disapproves the proposed deferrals set forth in
paragraphs (1), (2), (3), and (4), as follows:
(1) D85-34, pertaining to the Employment and Training
Administration, as set forth in the message of November 29, 1984,
which was transmitted to the Congress by the President and revised
by D85-34A, as set forth in the message of March 1, 1985, which
was transmitted to the Congress by the President.
(2) D85-57 and D85-58, each pertaining to the Railroad
Retirement Board, as set forth in the message of February 6, 1985,
which was transmitted to the Congress by the President.
(3) D85-61, D85-62, and D85-63, each pertaining to the
Employment and Training Administration, and D85-64, pertaining to
the Pension Benefit Guaranty Corporation, as set forth in the
message of March 1, 1985, which was transmitted to the Congress by
the President.
(4) D85-66, pertaining to the Health Care Financing
Administration, and D85-67, pertaining to the Social Security
Administration, as set forth in the message of March 22, 1985,
which was transmitted to the Congress by the President.
The disapproval shall be effective upon enactment into law of this
Act and the amount of the proposed deferrals disapproved herein shall be
made available for obligation.
EXPENSE ALLOWANCES OF THE VICE PRESIDENT, THE PRESIDENT PRO TEMPORE,
MAJORITY AND MINORITY LEADERS, THE MAJORITY AND MINORITY WHIPS, AND THE
CHAIRMEN OF THE MAJORITY AND MINORITY CONFERENCE COMMITTEES
For an additional amount for "Expense Allowances of the Vice
President, the President pro tempore, Majority and Minority Leaders, the
Majority and Minority Whips, and the Chairmen of the Majority and
Minority Conference Committees", $6,000: Provided, That, for each
fiscal year (commencing with the fiscal year ending September 30, 1985),
"2 USC 31a-3" there is hereby authorized an expense allowance for the
Chairmen of the Majority and Minority Conference Committees which shall
not exceed $3,000 each fiscal year for each such Chairman; and amounts
from such allowance shall be paid to either of such Chairmen only as
reimbursement for actual expenses incurred by him and upon certification
and documentation of such expenses, and amounts so paid shall not be
reported as income and shall not be allowed as a deduction under title
26, United States Code.
For representation allowances of the Majority and Minority Leaders of
the Senate, $10,000 for each such Leader; in all $20,000.
For an additional amount for "Administrative, Clerical and
Legislative Assistance to Senators", $1,136,000.
For an additional amount for "Sergeant at Arms and Doorkeeper of the
Senate", $7,258,000, of which $4,800,000 shall remain available until
September 30, 1986.
For an additional amount for "Inquiries and Investigations",
$3,000,000.
SEC. 191. "2 USC 61-1 note" Effective October 1, 1984, the allowance
for administrative and clerical assistance of each Senator from the
State of Missouri is increased to that allowed Senators from States
having a population of five million but less than seven million, the
population of said State having exceeded five million inhabitants.
SEC. 192. "2 USC 68-5" For each fiscal year (commencing with the
fiscal year ending September 30, 1985) there is authorized to be
appropriated to the account, within the contingent fund of the Senate,
for the Sergeant at Arms and Doorkeeper of the Senate, such funds (which
shall be in addition to funds authorized to be so appropriated for other
purposes) as may be necessary for the purchase, lease, exchange,
maintenance, and operation of vehicles as follows: one for the Vice
President, one for the President pro tempore of the Senate, one for the
Majority Leader of the Senate, one for the Minority Leader of the
Senate, one for the Majority Whip of the Senate, one for the Minority
Whip of the Senate, and such number as is needed for carrying mails, and
for official use of the offices of the Secretary of the Senate, the
Sergeant at Arms and Doorkeeper of the Senate, the Secretary for the
Majority, and the Secretary for the Minority.
SEC. 193. The second sentence of section 107(a) of the Supplemental
Appropriations Act, 1979 (Public Law 96-38; 2 U.S.C. 69a) is amended by
striking out "Senators and members of their staffs," and inserting in
lieu thereof "Senators, Senate officials, or members of the staffs of
Senators or Senate officials".
SEC. 194. Section 3(c)(2) under the heading "Administrative
Provisions" in the appropriation for the Senate in the Legislative
Branch Appropriation Act, 1975 (2 U.S.C. 59(c)(2)) is amended by
striking out "$22,550" and inserting in lieu thereof "$30,000" and by
striking out "$550" and inserting in lieu thereof "$734".
SEC. 195. "2 USC 61g-7" (a) Funds authorized to be expended under
section 120 of Public Law 97-51 (2 U.S.C. 61g-6) may be used by the
Majority or Minority Conference Committee of the Senate, with the
approval of the Committee on Rules and Administration, to procure the
temporary services (not in excess of one year) or intermittent services
of individual consultants, or organizations thereof, to make studies or
advise the committee with respect to any matter within its jurisdiction.
(b) Such services in the case of individuals or organizations may be
procured by contract as independent contractors, or in the case of
individuals, by employment at daily rates of compensation not in excess
of the per diem equivalent of the highest gross rate of compensation
which may be paid to a regular employee of such committee. Such
contracts shall not be subject to the provisions of section 5 of title
41 "41 USC 5" or any other provision of law requiring advertising.
(c) Any such consultant or organization shall be selected for the
Majority or Minority Conference Committee of the Senate by the chairman
thereof.
SEC. 196. The chairman of the Majority or Minority Conference
Committee of the Senate may, during the fiscal year ending September 30,
1985, at his election, transfer not more than $65,000 from the
appropriation account for salaries for the Conference of the Majority
and the Conference of the Minority of the Senate, to the account, within
the contingent fund of the Senate, from which expenses are payable under
section 120 of Public Law 97-51 (2 U.S.C. 61g-6). Any transfer of funds
under authority of the preceding sentence shall be made at such time or
times as such chairman shall specify in writing to the Senate Disbursing
Office. Any funds so transferred by the chairman of the Majority or
Minority Conference Committee shall be available for expenditure by such
committee in like manner and for the same purposes as are other moneys
which are available for expenditure by such committee from the account,
within the contingent fund of the Senate, from which expenses are
payable under section 120 of Public Law 97-51 (2 U.S.C. 61g-6).
SEC. 197. "2 USC 31a-2" (a) There is hereby established an account,
within the Senate, to be known as the "Representation Allowance Account
for the Majority and Minority Leaders". Such Allowance Account shall be
used by the Majority and Minority Leaders of the Senate to assist them
properly to discharge their appropriate responsibilities in the United
States to members of foreign legislative bodies and prominent officials
of foreign governments and intergovernmental organizations.
(b) Payments authorized to be made under this section shall be paid
by the Secretary of the Senate. Of the funds available for expenditure
from such Allowance Account for any fiscal year, one-half shall be
allotted to the Majority Leader and one-half shall be allotted to the
Minority Leader. Amounts paid from such Allowance Account to the
Majority or Minority Leader shall be paid to him from his allotment and
shall be paid to him only as reimbursement for actual expenses incurred
by him and upon certification and documentation of such expenses.
Amounts paid to the Majority or Minority Leader pursuant to this section
shall not be reported as income and shall not be allowed as a deduction
under title 26, United States Code.
(c) There are authorized to be appropriated for each fiscal year
(commencing with the fiscal year ending September 30, 1985) not more
than $20,000 to the Allowance Account established by this section.
For payment to Catherine S. Long, widow of Gillis W. Long, late a
Representative from the State of Louisiana, $75,100.
For an additional amount for "Salaries, officers and employees",
$130,000.
For an additional amount for "Committee employees", $2,799,000.
For an additional amount for "Allowances and expenses", $5,603,000.
For an additional amount for "Official mail costs", $11,853,000.
For an additional amount for "Salaries and expenses", $5,000,000.
The "Limitation on working capital fund" is reduced to $64,500,000,
of which $30,000 is reduced pursuant to section 2901 of the Deficit
Reduction Act of 1984. "98 Stat. 1207"
For an additional amount for "Acquisition, construction, and
improvements", to remain available until September 30, 1988,
$27,700,000.
For an additional amount for "Alteration of bridges", $8,400,000, to
remain available until expended: Provided, That the bridge at mile 6.9
on the Willamette River is an unreasonable obstruction to navigation for
the purposes of the Act of June 21, 1940 (33 U.S.C. 511 et seq.).
For an additional amount for "Operations", $15,000,000, of which
$5,000,000 shall be derived by transfer from "Redeemable preference
shares", $5,000,000 from "Payments to air carriers", $2,500,000 from
"Construction, Metropolitan Washington Airports", and $2,500,000 from
"Headquarters Administration": Provided, That section 5532(f)(2) of
title V, United States Code, "5 USC 5532" is amended by striking
"December 31, 1985" and inserting "December 31, 1986" in lieu thereof:
Providing further, That section 8344(h) of title V, United States Code,
"5 USC 8344" is amended (a) by adding the following phrase at the end of
paragraph (1): ": Provided, however, That the amount such an annuitant
may receive in pay, excluding premium pay, in any pay period when
aggregated with the annuity payable during that same period shall not
exceed the rate payable for level V of the Executive Schedule."; "5 USC
5316" and (b) by striking "August 3, 1981" in paragraph (2) and
inserting "April 1, 1985" in lieu thereof: Provided further, That in
the event that the Federal Aviation Administrator employs annuitants
subject to section 8344(h) of title V, United States Code, not to exceed
$10,000,000, to be derived from the unobligated balance of any
appropriation available for obligation by the Federal Aviation
Administration as of the effective date of this Act, shall be available
through December 31, 1986, for the purpose of funding such employment:
Provided further, That any such funding shall be reported to the
Committees on Appropriations of the Senate and the House of
Representatives.
Notwithstanding any other provision of law, "49 USC app. 1371a" the
Secretary of Transportation shall hereafter, in consultation with
appropriate law enforcement and other agencies, reexamine immediately
the fitness of any carrier which has violated laws and regulations of
the United States pertaining to the illegal importation of controlled
substances or has failed to adopt available measures to prevent the
illegal importation of controlled substances into the United States
aboard its aircraft, and shall, where appropriate, suspend, modify, or
revoke the certificate of public convenience and necessity or foreign
air carrier permit of such carrier.
The Administrator of the Federal Aviation Administration shall not
implement or enforce Federal Aviation Administration Order numbered
6850.26A or any other order establishing national policy for Federal
funding of visual glide-slope indicators until such time as the
Administrator has published notice in the Federal Register and has
provided adequate opportunity for public comment concerning a national
policy for Federal funding of such indicators.
For an additional amount, in addition to the other amounts provided
under this head, $2,000,000, to remain available until expended, for an
expanded air marshall program on international flights of United States
air carriers pursuant to sections 315 and 316 of the Federal Aviation
Act of 1958 "49 USC app. 1356, 1357" (49 U.S.C. 1356 and 1357).
Of available funds under this head, $12,000,000 are rescinded, of
which $10,000,000 are rescinded pursuant to section 2901 of the Deficit
Reduction Act of 1984. "98 Stat. 1207"
The limitation on General operating expenses is reduced to
$204,452,000.
For an additional amount for "Railroad-highway crossings
demonstration projects", to remain available until expended,
$14,640,000, of which $9,760,000 shall be derived from the Highway Trust
Fund.
Of available funds under this head, $164,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $808,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head for the purposes of carrying out a
national program to encourage the use of automobile safety belts and
passive restraints, $7,500,000 or so much thereof as may be available on
May 2, 1985, is rescinded.
Of available funds under this head, $250,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
Of available funds under this head, $170,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
For an additional amount for "Rail service assistance", $60,281,000,
to remain available until expended, for payment to the Secretary of
Treasury for debt reduction, together with such sums as may be necessary
for the payment of interest due to the Secretary of Treasury under the
terms and conditions of such debt.
Of available funds under this head, $90,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.
For the settlement of promissory notes pursuant to section 210(f) of
the Regional Rail Reorganization Act of 1973 "45 USC 720" (Public Law
93-236) as amended, $4,223,000 to remain available until expended,
together with such sums as may be necessary for the payment of interest
due to the Secretary of Treasury under the terms and conditions of such
notes.
Of available funds under this head, $200,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984.
The Congress disapproves the proposed deferral D85-50 in the amount
of $30,000,000 for the Northeast Corridor Improvement Program, as set
forth in the message of February 6, 1985, which was transmitted to the
Congress by the President. This disapproval shall be effective upon
enactment into law of this Act and the amount of the proposed deferral
disapproved herein shall be made available for obligation.
The limitation on total commitments to guarantee new loans pursuant
to sections 511 through 513 of the Railroad Revitalization and
Regulatory Reform Act of 1976 "45 USC 831-833" (Public Law 94-210), as
amended, is increased to $6,500,000 of contingent liabilities for loan
principal during fiscal year 1985.
The limitation on administrative expenses is reduced to $1,792,000.
For an additional amount for "Research and special programs",
$650,000, to be derived by transfer from "Payments to air carriers,
Department of Transportation".
For an additional amount for "Salaries and expenses", $2,100,000:
Provided, That none of the funds provided in this Act or in Public Law
98-473 "98 Stat. 1837" shall be available for more than six full-time
equivalent staff years, including Commissioners, in each Commissioner's
office, except for the Chairman.
For an additional amount for "Capital outlay", $1,700,000 to be
derived from "Operating expenses" and to remain available until
expended.
For payment to the Republic of Panama, pursuant to article XIII,
paragraph 4(c) of the Panama Canal Treaty of 1977, $2,705,000 to be
derived from "Operating expenses".
Of available funds under this head, $969,000 are rescinded pursuant
to section 2901 of the Deficit Reduction Act of 1984. "98 Stat. 1207"
Of available funds under this head, $75,000 are rescinded pursuant to
section 2901 of the Deficit Reduction Act of 1984.